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Analytical Guide


Arbitral Procedure

last update: 14 July 2008
A. Mandate
    1949 Decision of the International Law Commission to award priority to the topic following its survey of the whole field of international law with a view to selecting topics for codification, in pursuance of article 18 of its Statute.
B. Studies undertaken by the Secretariat and Reports of the Secretary-General
    1. 2nd session of the International Law Commission (1950) 
      - Bibliography on Arbitral Procedure
- U.N. Doc. A/CN.4/29
      - Memorandum prepared by the Secretariat
- U.N. Doc. A/CN.4/35 (in Ybk, 1950, vII)
      - Memorandum on the Soviet Doctrine and Practice with Respect to Arbitral Procedure (Prepared by the Secretariat)
- U.N. Doc. A/CN.4/36
    2. 5th session of the International Law Commission (1953)
       - Arbitral Procedure - Commentary on Draft on Arbitral Procedure (prepared by the Secretariat)
- U.N. Doc. A/CN.4/L.40 (mimeograph), revised edition issued as A/CN.4/92 (F) (United Nations publication, Sales No.: 1955.V.1)  
- ILC Report, A/2456 (A/8/9), 1953, chp. II, par.13
    3. 8th session of the International Law Commission (1956)
      - Note by the Secretariat

- U.N. Doc. A/CN.4/L.64 (F) (in Ybk, 1956, vII (F))
C. Reports of the Working Group or Sub-Committee
    None
D. Reports of the Special Rapporteur
    1. Proposed preliminary draft of a code of arbitral procedure consisting of 104 articles together with commentaries. The report was confined to arbitration between States, or intergovernmental arbitration. 
      - Report of the Special Rapporteur, Mr. Georges Scelle (2nd session of the ILC (1950))
- U.N. Doc. A/CN.4/18 (F) (in Ybk, 1950, vII)  
- ILC Report, A/1316 (A/5/12), 1950, part VI, chp. II, paras.167-180
    2. Second consideration of articles 1 to 11 and the first consideration of articles 12 to 44 of the second preliminary draft on arbitration procedure submitted as an annex to the Special Rapporteur's report.  
      - Second report of the Special Rapporteur, Mr. Georges Scelle (3rd session of the ILC (1951))
- U.N. Doc. A/CN.4/46 (F) (in Ybk, 1951, vII) 
- ILC Report, A/1858 (A/6/9), 1951, chp. I, par.7
    3. Further proposed revised articles 5-12, and 15 to 16, in an annex to the Special Rapporteur's supplementary note. 
      - Supplementary note to the second report of the Special Rapporteur, Mr. Georges Scelle (4th session of the ILC (1952))
- U.N. Doc. A/CN.4/57 (F) (in Ybk, 1952, vII) 
- ILC Report, A/2163 (A/7/9), 1952, chp. II, par.14
    4. General observations together with a consideration of the comments made by Governments, and a model draft on arbitral procedure 
      - Third Report by the Special Rapporteur, Mr. Georges Scelle (9th session of the ILC (1957))
- U.N. Doc. A/CN.4/109 (F) (in Ybk, 1957, vII (F)) 
- ILC Report, A/3623 (F) (A/12/9), 1957, chp. III(II), par.19
    5. Further discussion based on the draft on arbitral procedure adopted by the Commission at its fifth session. Includes several general observations and sections pertaining to, the undertaking to arbitrate and the "compromis"; the question of arbitrability; the arbitral tribunal; immutability of the tribunal; powers of the tribunal - procedure; closure of proceedings; the award; default; interpretation of the award; annulment of the award; and the problem of revision. A model draft on arbitral procedure was annexed to the report. 
      - Fourth Report by the Special Rapporteur, Mr. Georges Scelle (10th session of the ILC (1958))
- U.N. Doc. A/CN.4/113 (F) (in Ybk, 1958, vII (F))  
- ILC Report, A/3859 (F) (A/13/9), 1958, chp. II, par.15
E. Reports of the Drafting Committee
    1. 4th session of the International Law Commission (1952)
      - Draft articles agreed upon by the Standing Drafting Committee, with Commentaries by Mr. Georges Scelle
- U.N. Doc. A/CN.4/L.35 (in ILC Report, A/2163 (A/7/9), 1952, chp. II, par.24))
F. Comments by Governments
    1. 2nd session of the International Law Commission (1950)
     - Replies from Governments to Questionnaires of the International Law Commission
- U.N. Doc. A/CN.4/19, part I, B (in Ybk, 1950, vII)  
- ILC Report, A/1316 (A/5/12), 1950, part VI, chp. II, par.165
    2. 5th session of the International Law Commission (1953)
      - Comments by Governments on the draft of arbitral procedure prepared by the International Law Commission at its fourth session in 1952
- U.N. Doc. A/CN.4/68 and Add.1 and 2 (in ILC Report, A/2456 (A/8/9), 1953, annex I)  
- ILC Report, A/2456 (A/8/9), 1953, chp. II, paras.30-52
G. Other
    1. 4th session of the International Law Commission (1952)

- Draft on Arbitral Procedure prepared by the International Law Commission at its Fourth Session, 1952

 - U.N. Doc. A/CN.4/59 (in Ybk, 1952, vII)
       - Articles tentatively adopted as of 11 June 1952
- U.N. Doc. A/CN.4/L.33 (in Ybk, 1952, vI, 138th to 140th mtgs (9 to 11 June 1952))
      - Articles tentatively adopted as of 13 June 1952
- U.N. Doc. A/CN.4/L.33/Add.1 (in Ybk, 1952, vI, 140th to 142nd mtgs (11 to 13 June 1952))
      - Articles tentatively adopted on 16, 17 and 18 June 1952
- U.N. Doc. A/CN.4/L.33/Add.2 (in Ybk, 1952, vI, 143rd to 145th mtgs (16 to 18 June 1952))
      - Articles tentatively adopted on 19 June 1952
- U.N. Doc. A/CN.4/L.33/Add.3 (in Ybk, 1952, vI, 146th mtg (19 June 1952))
      - Articles tentatively adopted on 20, 23 and 24 June 1952
- U.N. Doc. A/CN.4/L.33/Add.4 (in Ybk, 1952, vI, 147th to 149th mtgs (20 to 24 June 1952))
      - Articles tentatively adopted on 25 June 1952
- U.N. Doc. A/CN.4/L.33/Add.5 (in Ybk, 1952, vI, 150th mtg (25 June 1952))
      - Articles tentatively adopted on 26 June 1952
- U.N. Doc. A/CN.4/L.33/Add.6 (in Ybk, 1952, vI, 151st mtg (26 June 1952))
      - Articles tentatively adopted on 27 June 1952
- U.N. Doc. A/CN.4/L.33/Add.7 (in Ybk, 1952, vI, 152nd mtg (27 June 1952))
      - Articles tentatively adopted on 30 June 1952
- U.N. Doc. A/CN.4/L.33/Add.8 (in Ybk, 1952, vI, 153rd mtg (10 June 1952))
      - Provisions tentatively adopted on 1 July 1952
- U.N. Doc. A/CN.4/L.33/Add.9 (in Ybk, 1952, vI, 154th mtg (1 July 1952))
      - Decision taken by the Commission on 3 July 1952
- U.N. Doc. A/CN.4/L.34 (in Ybk, 1952, vI, 156th mtg (3 July 1952))
      - Alternative text for paragraphs 5-13 of document A/CN.4/L.35 submitted by Mr. H. Lauterpacht
- U.N. Doc. A/CN.4/L.36 and Corr.1 (in Ybk, 1952, vI, 180th to 181st mtgs (5 to 6 August 1952))
      - Alternative text for paragraphs 5-13 of document A/CN.4/L.35 submitted by Mr. Georges Scelle
- U.N. Doc. A/CN.4/L.37 (in Ybk, 1952, vI, 180th to 181st mtgs (5 to 6 August 1952))
      - Proposal by Mr. Zourek
- U.N. Doc. A/CN.4/L.39 (in Ybk, 1952, vI, 181st mtg (5 August 1952))
H. Reports of the International Law Commission
    1. Report of the International Law Commission on the work of its first session, 12 April to 9 June 1949  
      - Appointed Mr. Georges Scelle as Special Rapporteur to study the topic of arbitral procedure. 
      - Discussion in Plenary: 33rd mtg (3 June 1949)
- ILC Report, A/925 (A/4/10), 1949, part I, chp. II, par.21 
- Ybk, 1949, part II 

- Ybk, 1949, part I
    2. Report of the International Law Commission on the work of its second session, 5 June to 29 July 1950 
      - Discussion on the basis of the report of the Special Rapporteur. Several formulations were agreed upon. The Commission requested the Special Rapporteur to submit, at its next session, a revised draft taking into account the views expressed during the discussions. 
      - Discussion in plenary: 70th mtg (18 July 1950), and 72nd and 73rd mtgs (20 and 21 July 1950)
- ILC Report, A/1316 (A/5/12), 1950, part VI, chp. II, paras.165-181 
- Ybk, 1950, vII 


- Ybk, 1950, vI

    3. Report of the International Law Commission on the work of its third session, 16 May to 27 July 1951 
      - Although the Commission had before it the second report of the Special Rapporteur, consideration of the report was held over to the following session.
- ILC Report, A/1858 (A/6/9), 1951, chp. I, par.7 
- Ybk, 1951, vII
- ILC Report, A/2163 (A/7/9), 1952, chp. II, paras.11-24 
- Ybk, 1952, vII 



- Ybk, 1952, vI

    5. Report of the International Law Commission on the work of its fifth session, 1 June to 14 August 1953 
      - On the basis of comments received from governments, and in light of the study of the provisional draft by its members, the Commission adopted a revised draft, with a discussion of the nature of the revisions. The Commission emphasized that the draft had a dual aspect, representing both a codification of existing law on international arbitration and a formulation of what the Commission considered to be desirable developments in the field. Thus the Commission had taken as a basis the traditional features of arbitral procedure in the settlement of international disputes, such as those relating to the undertaking to arbitrate, the constitution and powers of an arbitral tribunal, the general rules of evidence and procedure, and the award of arbitrators. At the same time, the Commission had also provided certain procedural safeguards for securing the effectiveness, in accordance with the original common intention of the parties, of the undertaking to arbitrate. The draft also included provisions for the drawing up of the compromis by the arbitral tribunal in cases where the parties had failed to reach agreement on the subject. The Commission decided to submit the draft to the General Assembly and called upon the Assembly to recommend it to Member States with a view to the conclusion of a convention, as contemplated in article 23(1)(c) of the Statute of the Commission.  
      - Discussion in plenary: 185th, 186th, 187th 188th, 189th, 190th, 191st, 192nd, 193rd and 194th mtgs (3 to 15 June 1953)
- ILC Report, A/2456 (A/8/9), 1953, chp. II, paras.9-57 
- Ybk, 1953, vII 
 
 
















- Ybk, 1953, vI

    6. Report of the International Law Commission on the work of its ninth session, 23 April to 28 June 1957  
      - The Commission appointed a committee consisting of nine members of the Commission to consider and report to the full Commission on the questions involved by the General Assembly resolution 989 (X) of 14 December 1955. The committee recommended that the Commission decide on the ultimate objective to be attained in reviewing the draft on arbitral procedure and, in particular, whether this object should be a convention or simply a set of rules which might inspire States in the drawing up of provisions for inclusion in international treaties and special arbitration agreements. On the basis of the report of the Special Rapporteur, the Commission decided in favour of the latter approach. It took the view that it would be preferable to leave the existing general form and structure of the draft as it stood, but to present it to the General Assembly not as the basis of a general multilateral convention on arbitral procedure, but as a set of model draft articles, which States could draw upon, to such extent as they might see fit in concluding bilateral or plurilateral arbitral agreements inter se, or in submitting particular disputes to arbitration ad hoc. The Commission adjourned the matter for final consideration and report at its next session.  
      - Discussion in Plenary: 404th (F) mtg (24 May 1957), and 417th (F), 418th (F), 419th (F), 420th (F), 421st (F) and 422nd (F) mtgs (14 to 20 June 1957)
- ILC Report, A/3623 (F) (A/12/9), 1957, chp. III(II), paras.18 and 19 
- Ybk, 1957, vII (F)
 













- Ybk, 1957, vI (F)

- ILC Report, A/3859 (F) (A/13/9), 1958, chp. II, paras.10-43  
- Ybk, 1958, vII (F)



- Ybk, 1958, vI (F)

I. General Assembly Action
    Res. 797 (VIII) of 7 December 1953 (E, F, S, R, C)
      - Decided to transmit to Member States the draft on arbitral procedure prepared by the International Law Commission together with the comments made thereon in the Sixth Committee, with a view to the submission by governments of whatever comments they may deem appropriate.
    Res. 989 (X) of 14 December 1955 (E, F, S, R, C, A)
      - Invited the Commission to consider the comments of Governments and the discussions in the Sixth Committee in so far as they may contribute further to the value of the draft on arbitral procedure, and to report to the General Assembly.
J. Final Outcome
        - The Commission decided to submit the draft on arbitral procedure to the General Assembly and called upon the Assembly to recommend it to Member States with a view to the conclusion of a convention, as contemplated in article 23(1)(c) of the Statute of the Commission.
- ILC Report, A/2456 (A/8/9), 1953, chp. II(V), paras.53-56 
- Ybk, 1953, vII
- ILC Report, A/3859 (F) (A/13/9), 1958, chp. II(I), paras.10-15 
- Ybk, 1958, vII (F)
    General Assembly 
      Res.1262 (XIII) of 14 November 1958 (E, F, S, R, C, A)
        - Brought the draft articles on arbitral procedure to the attention of Member States for their consideration and use, in such cases and to such extent as they consider appropriate, in drawing up treaties of arbitration or compromis. Invited Governments to transmit any comments on the draft, and in particular on their experience in drawing up of arbitral agreements and the conduct of arbitral procedure, with a view to facilitating a review of the matter by the United Nations at an appropriate time.

 

 

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