The working group on arbitration legislation of the uniform law conference of canada ulcc has circulated a discussion paper on proposed changes to the uniform arbitration act for domestic arbitrations in canada. The uniform arbitration act, promulgated in 1955, has been overwhelmingly adopted by state legislatures and federal district courts for alternate dispute resolution. Organisation pour lharmonisation en afrique du droit des. New mexico may have more current or accurate information. The revisors office cannot provide legal advice or interpretation of maine law to the public. A written agreement to submit to arbitration any controversy existing at or arising after the effective date of the agreement is valid, enforceable and irrevocable, save upon such grounds as exist at law or in equity for the revocation of any. Chapter i scope of application article 1 this uniform act shall apply to any arbitration when the seat of the arbitral tribunal is in one of the states parties.
Institutional arbitration and its uniform application have been consolidated, particularly in international arbitration. Arbitrators shall be appointed, dismissed or replaced in accordance with the agreement of the parties. Compilation of treaties and uniform acts official translation the usbased foundation for a unified business law in africa foubla, whose goal is to foster the advancement of ohada legislation in english. Article 2 any natural or legal person may resort to arbitration with respect to any rights on which she has the free disposal. Release of the official english translation of ohada. Download free printonly pdf or purchase interactive pdf version of this form. Uniform act on arbitration law date and place of adoption. This act provided for the judicial enforcement of an agreement to arbitrate existing and future disputes and thereby. Innovations of the new uniform act on arbitration law. The provisions of this uniform act are mandatory, except in cases where the act explicitly authorizes the sole proprietor or members of a company to substitute contractual provisions between them for those of this uniform act or to supplement the provisions of this uniform act with their own provisions. The most interesting feature of the uniform arbitration act is that it has unified the arbitration laws of its signatories. The arbitration uniform act supplies the default rule for ad hoc ar b i t r a t i o n i n c o n t r a c t s containing an arbitration clause or arbitration agreement subject to ohada. This uniform act shall be applicable to any arbitration when the seat of the arbitral tribunal is located in one of the member states. The act is directly applicable in all member states and overrides any conflicting provisions of domestic legislation.
Online publication of the new ohada laws on arbitration and. It is part of chapter 21, titled arbitration and award. A periodic usually annual payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. Uniform arbitration act index 2 trust and estate dispute resolution 14 seeds 22 uniform mediation act 25 seed arbitration 31 uniform arbitration act. Note on using the online codified laws no official version of the new mexico statutes can be viewed on the internet. One of these acts is the ohada uniform arbitration act, with provisions on the administration of arbitral proceedings and the execution of arbitral awards. Law on electronic commerce and the model law on arbitration. If you need legal advice, please consult a qualified attorney. Adopted on june 11,1999 and enforced 90 days after its adoption art. Ulccchlc also makes recommendations for changes to federal criminal legislation based on identified deficiencies, defects or gaps in existing law, or based on problems created by judicial interpretation of existing law. This is the second and final part of a critique of the uniform arbitration act written by the editor. After an arbitrator is appointed and is authorized and able to act, a party to an arbitration proceeding may move the court for a provisional remedy only if the matter is urgent and the arbitrator is not able to act timely or if the arbitrator cannot provide an adequate.
Rounds professor of law, university of kansas school of law. Uniform act on arbitration within the framework of the ohada treaty page 4 sur 16 nouvelles methodes sarl chapter ii constitution of the arbitration tribunal article 5. The main purpose of this law was to create one way to go about making an arbitration in the united states law. Commercial arbitration sometimes with minor changes, the uniform arbitration act of 1955, as amended in 1956, which had been promoted by the commissioners on uniform state laws and recommended by the american bar association. The law is currently preempted in almost all contexts by the 1925 faa. Favouring alternative dispute resolution mechanisms, the ohada council of ministers adopted on 23 and 24 november 2017 three major texts. Important changes made by washingtons newlyenacted uniform arbitration act. In 2005 washington joined a short but growing list of other states that have enacted the revised uniform arbitration act. Uniform act on arbitration, enacted march 10, 1999 and implemented june 11, 1999. A thesis submitted to indiana university school of lawindianapolis in fulfilment of the requirements for the degree of master of laws llm. The uniform act on arbitration uaa governs international arbitrations with a seat in. Uniform act the act on the law of companies and groups of economic interest for harmonizing corporate articles of association with the provisions of theact is approaching. Ohada uniform act on arbitration arbitration notes. November 23, 2017 in conakry guinea date of publication in the official journal of ohada.
For more than a decade ohada the organization for the harmonization of business law in africa has promoted the use of arbitration in its seventeen member states 1. Hendrix lecture, sponsored by the atlanta international arbitration society and given at emory law school on march 24, 2016. Ohada includes 17 member states member state of west and central africa, almost all of. Arbitrators and institutions in africa welcome to soas. Uniform laws annotated currentness uniform arbitration act.
Journal of dispute resolution volume 1986 issue article 1986 uniform arbitration act, the follow this and additional works at. Uniform act on accounting, enacted march 24, 2000 and implemented january 1, 2001 for c ompanies private account, and january 1, 2002 for combined and consolidated accounts. Article 2 any natural or legal person may resort to arbitration with respect to any rights that may be freely disposed of. Diversity and uniformity in international arbitration law.
Proposed new uniform arbitration act bears careful study. Ohada updates its law on arbitration and implements a new. Part one was published in wamr, volume 11, number 12, at pages 326334. The uniform arbitration act the lectric law library. As enacted, the new statute provided for a gradual phasein but, effective july 1, 2006, the new statute governs all nonlabor and non.
Where there is no such arbitration agreement, or where the agreement is not. In 1999 it adopted the uniform act on arbitration, which it subsequently revised in 2014. Uniform act on contracts for the carriage of goods by road, enacted march 22, 2003. Vacatur of awards under the tennessee uniform arbitration. It was created by the national conference of commissioners on uniform state laws nccusl. The new uniform act on arbitration amends the initial text adopted in 1999. In this subtitle, the following terms have the meanings indicated. The uniform arbitration act adopted by the national conference of commissioners on uniform state laws in 1955, amended in 1956, and approved by the house of delegates of the american bar association on august 25, 1955, and august 30, 1956. For companies that have not yet harmonized their articles of. Article 2 any natural person or corporate body may recourse to arbitration on rights of which he bas free disposal. A critique of the uniform arbitration act 2000 part two. Uniform arbitration statement of facts use for all but commercial cases caption. Ohada uniform act relating to commercial companies and.
Uniform arbitration act united states 1955 britannica. Council of ministers uniform act on arbitration the. Article 2 any natural or legal person may resort to arbitration with respect to. The uniform arbitration act, has evolved into an annual survey of recent developments in case law interpreting state versions of the u. This uniform act shall apply to any arbitration when the seat of the arbitral tribunal is in one of the member states. Written statement of the north american securities administrators association nasaa. A series of payments under a contract from an insurance company, a trust company, or an individual. This is article 2 of the code of virginia, titled uniform arbitration act.
This detailed update monitors the underlying principles and rationales that develop. Pavetti, 83 huntington street, new london, ct 06320, chair francisco l. Uniform arbitration act last revisions completed year 2000 section 1. This uniform act shall apply to any arbitration when the seat of the arbitral tribunal is in one of the states parties. Montana code title 27 chapter 5 uniform arbitration act. The uniform arbitration actadopted by the vast majority of statessimilarly allows for vacatur in the following events. The uniform arbitration act was an act that originated in the year 1955. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. The new uniform act applies to any arbitration proceedings commenced after its effective date for which the seat is in an ohada treaty member state benin, burkina faso, cameroon, car, comores, congo, cote divoire, gabon, guinea, guinea bissau, equatorial guinea, mali, niger, drc, senegal, chad, togo. Written statement of the north american securities. This is the legislative body of ohada, it adopts the regulations including the new common business law called uniform acts the common court. Almost 18 years after the uniform act on ohada arbitration law was adopted and the common court of justice and arbitration created the ccja, the ohada council of ministers has adopted three new, very important, texts for arbitration and dispute resolution within the ohada area.
Take note of the beginning section for the law in question. Verbal threshold please include consolidated case docket no. Diversity and uniformity in international arbitration law christopher r. States and other territorial public bodies as well as public establishments may equally be parties. Uniform arbitration act the committee that acted for the national conference of commissioners on uniform state laws in preparing the revised uniform arbitration act is as follows. Important changes made by washingtons newlyenacted.
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