An arbitration clause adopting the UNCITRAL Arbitration Rules does not, without more, constitute an agreement under s 21 of the International Arbitration Act 1974 (Cth) to exclude the Model Law. The UNCITRAL Arbitration Rules and the Model Law are intended to operate concurrently, with mandatory Model Law provisions prevailing over inconsistent UAR provisions and UAR provisions prevailing over non-mandatory Model Law provisions. The Eisenwerk principle is confined to the specific context of the ICC Rules, which include a supervisory body (the International Court of Arbitration) that the UNCITRAL Arbitration Rules lack. Practitioners drafting arbitration clauses for international commercial arbitrations seated in Australia should be aware that adoption of the UNCITRAL Arbitration Rules will not displace the Model Law.
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