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About this site


(A) MALDB’s Purpose

The purpose of this site is to facilitate the harmonious interpretation and application of the Model Law across the jurisdictions in which it has been implemented.
 
As was underscored by the United Nations General Assembly, a key purpose of the Model Law is to promote the establishment of a “unified legal framework for the fair and efficient settlement of disputes arising in international commercial relations.”[1] UNCITRAL’s decision to draft the Model Law was premised on a widely-shared perception that the fair and efficient resolution of such disputes was hindered, firstly, by “the considerable disparities in domestic laws on arbitration” and, secondly, by the fact that “national laws were often particularly inappropriate for international cases.”[2]
 
In order to achieve the legal harmonization sought by the Model Law, it is essential that its provisions be interpreted and applied consistently. For this to occur, authorities vested with the responsibility of applying the Model Law must be aware of how it has been interpreted and applied in previous cases. However, taking into consideration foreign decisions presents particular challenges. Obtaining relevant decisions rendered in foreign jurisdictions is not always easy, and linguistic differences often create obstacles which are very hard to overcome. This database aims at alleviating those two challenges.
 
Notes:

[1] Model Law on International Commercial Arbitration of the United Nations Commission on International Trade Law, United Nations General Assembly Resolution 40/72 (1985)
 
[2] Explanatory Note by the UNCITRAL Secretariat on the 1985 Model Law on International Commercial Arbitration as Amended in 2006, in UNCITRAL MODEL LAW ON INTERNATIONAL COMMERCIAL ARBITRATION 1985 – WITH AMENDMENTS AS ADOPTED IN 2006, 24 ¶ 5 (Vienna, United Nations 2008). 
 

(B) MALDB’s Contents

MALDB currently provides access to:
 
(1) The fully-searchable text of over 450 court decisions from Australia, Austria, Bermuda, Canada, Chile, China (Hong Kong Special Administrative Region), Croatia, Germany, Guatemala, Ireland, Kenya, Mexico, New Zealand, Paraguay, Peru, Serbia, Singapore and Spain, as well as the English translations thereof, where applicable;
 
(2) a detailed analytical summary of each decision;

(3) analytical reports highlighting the extent to which domestic statutes adopted in Australia, Austria, Bermuda, Canada (one for each Province, and one for the federal legislation), Chile, China (Hong Kong), Germany, Guatemala, Mexico, New Zealand, Singapore and Spain depart from the provisions of the Model Law;
 
(4) the full text of Model Law-implementing legislation−and a translation thereof, where applicable− adopted in Australia, Austria, Bermuda, Canada (both federal and provincial legislation), Chile, China (Hong Kong Special Administrative Region), Croatia, Germany, Guatemala, Ireland, Kenya, Mexico, New Zealand, Paraguay (original only), Peru, Singapore, Spain and Uganda.

Disclaimer:

Although MALDB makes every effort to ensure the integrity, quality and availability of this service and the information herein, MALDB does not guarantee that this service and/or the information contained are complete or accurate. MALDB shall therefore not be liable for any loss or damage arising from or relating to the use of www.maldb.org.
 

(C) Other Key Resources

Three other key resources may be useful to anyone conducting research on the Model Law:
 
(1)   UNCITRAL’s CLOUT database, which includes summaries of cases relating to the Model Law;
 
(3)   The Model Law’s travaux prĂ©paratoires.
 
 
(D) How MALDB was made possible
 
(1) Funding
 
MALDB was funding through a major research grant awarded by the Leaders Opportunity Fund of the Canada Foundation for Innovation.
 
(2) Acknowledgements
 
This project was spearheaded by Professor Frédéric Bachand and managed by Ms. Anna Conley and Olga P. Sola.
 
We also wish to acknowledge the significant contribution of the following individuals to both translation and research : Jean Abboud, Michael Perret, Valérie Hébert, Paula Lobeck, Catherine Rousseau-Saine, Lady Africa Sheppard, Mariyana Toseva and Krista Zeman. Additional translation work was performed by Documens.
 
This web site would have never seen the light of day without the outstanding work performed by HPJ Solutions.
 
Our gratitude extends to the following academics and practitioners who were kind enough to collaborate with us over the years:    
 
AUSTRIA
 
Alice Fremuth-Wolf
Arbitrator and Mediator
 
Martin  Platte
Partner
Platte Rechtsanwalt
 
Stefan Riegler
Partner
Baker & Mckenzie
 
CHILE
 
Elina Mereminskaya
Special Counsel for International Arbitration, Mediation and Arbitration Centre
Santiago Chamber of Commerce
 
CROATIA
 
Alan Uzelac
Professor, Faculty of Law
Zagreb University
http://www.unizg.hr/homepage/
 
GREECE
 
Antonios Tsavdaridis
Partner
IK Rokas & Partners
 
JORDAN
 
Hamza Ahmad Haddad
Managing Partner
LAC
 
Ibrahim M.H. Aljazy
Senior Partner

MEXICO
 
José María Abascal
Partner
Abascal, Segovia & Asociados, MĂ©xico
 
Cecilia Azar Manzur
Partner
Azar, Ortega Y GĂłmez Ruano, S.C., MĂ©xico
 
LuĂ­s Alberto Aziz Checa
Founding partner
SAI Derecho y EconomĂ­a
 
Cecilia Flores Rueda
Associate
Santamarina y Steta, S.C.
 
Reynaldo Urtiaga
Lawyer
Bryan González Vargas & González Baz
 
NEW ZEALAND
 
Amokura Kawharu
Senior Lecturer, Faculty of Law
The University of Auckland
 
NIGERIA
 
Anthony I. Idigbe
Managing Partner
Punuka Attorneys & Solicitors
 
PERU
Fernando Cantuarias Salaverry
Dean, Faculty of Law
Universidad del PacĂ­fico
 
Jan kleinheisterkamp
Senior Lecturer, Faculty of Law
London School of Economics
 
SERBIA
 
Vladimir Pavic
Associate Professor, Faculty of Law
University of Belgrade
 
TUNISIA
 
Karim Ben Hamida
Lawyer and Managing Partner
Karim ben Hamida Law Firm
 
Ahmed Ouerfelli
 
VENEZUELA
 
Diana C. Droulers
President, Arbitration Centre
Caracas Chamber of Commerce
 
Alfredo De JesĂşs O.
Founding partner
Alfredo De JesĂşs O. − Transnational Arbitration, Litigation & Business Law