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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.

[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.


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:    
Alice Fremuth-Wolf
Arbitrator and Mediator
Martin  Platte
Platte Rechtsanwalt
Stefan Riegler
Baker & Mckenzie
Elina Mereminskaya
Special Counsel for International Arbitration, Mediation and Arbitration Centre
Santiago Chamber of Commerce
Alan Uzelac
Professor, Faculty of Law
Zagreb University
Antonios Tsavdaridis
IK Rokas & Partners
Hamza Ahmad Haddad
Managing Partner
Ibrahim M.H. Aljazy
Senior Partner

José María Abascal
Abascal, Segovia & Asociados, MĂ©xico
Cecilia Azar Manzur
Azar, Ortega Y GĂłmez Ruano, S.C., MĂ©xico
LuĂ­s Alberto Aziz Checa
Founding partner
SAI Derecho y EconomĂ­a
Cecilia Flores Rueda
Santamarina y Steta, S.C.
Reynaldo Urtiaga
Bryan González Vargas & González Baz
Amokura Kawharu
Senior Lecturer, Faculty of Law
The University of Auckland
Anthony I. Idigbe
Managing Partner
Punuka Attorneys & Solicitors
Fernando Cantuarias Salaverry
Dean, Faculty of Law
Universidad del PacĂ­fico
Jan kleinheisterkamp
Senior Lecturer, Faculty of Law
London School of Economics
Vladimir Pavic
Associate Professor, Faculty of Law
University of Belgrade
Karim Ben Hamida
Lawyer and Managing Partner
Karim ben Hamida Law Firm
Ahmed Ouerfelli
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