International commercial arbitration
Under the UNCITRAL Model Law, an arbitration agreement submits defined disputes to arbitration. The tribunal may decide its own jurisdiction, subject to the model law and applicable national law. The parties must be treated equally and given a full opportunity to present their case. An arbitral award is binding subject to recognition and enforcement rules and the limited grounds for setting it aside or refusing enforcement. A model law is implemented through national legislation; its provisions are not automatically enacted everywhere.
Worked example
Two businesses agree that a dispute about their international sale will be arbitrated. A tribunal hears both sides and issues an award; enforcement and any challenge depend on the applicable law and circumstances.
Common mistake
Assuming arbitration is mediation, or that an award can never be challenged.
Where it appears in your exams
| Qualification | Exam | Relationship | Period |
|---|---|---|---|
| ACCA | LW (GLO) | Direct | September 2026–June 2027 |
