Commercial arbitral legislation worldwide in the United States

This subject of the Encyclopedia covers arbitral law in over 70 countries. This can be a good starting point and tool for students and practitioners interested in international arbitration across multiple jurisdictions. The links below guide readers to authoritative country reports on national arbitral practice, as well as the relevant national legislation.

ARGENTINA:

• Argentina commercial arbitration
• National Code of Civil and Commercial Procedure, Book VI, Law No. 17.454of 19 September 1967, as amended
• National Code of Civil and Commercial Procedure, further articles, Law No.17.454 of 19 September 1967, as amended
• Mediation and Conciliation, Law No. 26.589

AUSTRALIA:

•  Australia commercial arbitration
• Victoria: Commercial Arbitration Act, 1984, as amended
• International Arbitration Act 1974 (Cth.), Act No. 136 of 1974 as amended
• Victoria: Commercial Arbitration Act, 1984
• International Arbitration Act 1974

AUSTRIA:

•  Austria commercial arbitration
• Code of Civil Procedure, Part Six, Chapter Four, Arbitration Procedure (in effect 1 July 2006)
• Law on Mediation in Civil Law Matters (in effect 1 May 2004)

BAHRAIN:

• Decree Law No. 9 of 1994 with Respect to Promulgation of International
• Commercial Arbitration (adopted 16 August 1994)
• Legislative Decree No. 30 for the Year 2009 with Respect to the BahrainChamber for Economic, Financial and Investment Dispute Resolution

BANGLADESH:

The Arbitration Act 2001 (Act I of 2001)

BELGIUM:

•  Belgium commercial arbitration
• Judicial Code, Sixth Part: Arbitration (adopted 4 July 1972 and last amendedon 19 May 1998)

BERMUDA:

• Bermuda commercial arbitration
• The Bermuda International Conciliation and Arbitration Act 1993
• Arbitration Act 1986

BRAZIL:

• Brazil commercial arbitration
• Law No. 9.307 of 23 September 1996
• Brazilian Civil Procedure Code (Law No. 5869, of 11January 1973)

BULGARIA, REPUBLIC OF:

•  Law on Mediation, in effect 20 December 2004, as amended
• Bulgaria commercial arbitration
• Law on International Commercial Arbitration (State Gazette No. 60 of 5August 1988 as amended through 20 July 2007)
• Civil Procedure Code, s (State Gazette of 20 July 2007, as amended through 23 June 2009)
• Private International Law Code (State Gazette of 17 May 2005, as amended through 23 June 2009)
• Law on Mediation, in effect 20 December 2004

CAMBODIA:

The Commercial Arbitration Law of the Kingdom of Cambodia, 6 March 2006

CANADA:

•  Canada commercial arbitration
• Canada Commercial Arbitration Act
• Canada, United Nations Foreign Arbitral Awards Convention Act
• Civil Code of Quebec, Arts. 2638-2643 and Code of Civil Procedure, Arts. 382-394 and 940-951.2
• British Columbia, Commercial Arbitration Act
• British Columbia, International Commercial Arbitration Act
• Ontario, Arbitration Act
• Ontario, International Commercial Arbitration Act
• Alberta, Arbitration Act
• Ontario, Reciprocal Enforcement of Judgments Act

CHILE:

Chile commercial arbitration

Law No. 19.971 on International Commercial Arbitration

Code of Civil Procedure of 1902 (CCP)

Code of Judicial Organization of 1943 (CJO)

CHINA P.R.:

China commercial arbitration

Decision of 6 May 1954 Concerning the Establishment of a Foreign Trade

Arbitration Commission

Arbitration Law of the PRC

Interpretation of the Supreme People’s Court on Certain Issues relating to

Application of the Arbitration Law of the PRC

Notice of the Supreme People’s Court on Handling by People’s Courts of

Relevant Issues Pertaining to Foreign-related Arbitration and Foreign Arbitration

Notice of the Supreme People’s Court on Matters Relating to Setting Aside

of Foreign-related Arbitral Awards by the People’s Courts

Notice of the Supreme People’s Court on Implementing the Convention on

the Recognition and Enforcement of Foreign Arbitral Awards, to Which this State Has

Acceded

Civil Procedure Law of the PRC

CIETAC Arbitration Rules (2005)

Ethical Rules for Arbitrators (CIETAC), adopted on 6 April 1993, amended

on 6 May 1994

Conciliation Rules of Beijing Conciliation Centre (BCC), effective as from

1 January 1992

BCC Ethical Rules for Conciliators, effective as from 1 January 1992

Beijing-Hamburg Joint Conciliation Rules 1987

COLOMBIA:

Colombia commercial arbitration

Decree 1818 of 1998 (Second Part, Titles I, II and III)

Law 315 of 1996 (Law on International Arbitration)

Article 116 of the Colombian Political Constitution

Law 80 of 1993 (Arbitration in State Contracts, Arts. 68-75)

Law 270 of 1996 as amended (Statutory Law on [the Administration] of

Justice, Art. 13)

Law 640 of 2001 (Conciliation/ Mediation Law)

Model Bilateral Investment Treaty (Colombia) of 2008

COSTA RICA:

Costa Rica commercial arbitration

No. 7727, Law on Alternative Resolution of Disputes and Promotion of

Freedom from Social Unrest, 1997

Code of Civil Procedure, 3 April 1990

International Commercial Arbitration Law Based on the UNCITRAL Model

Law, Law 8937 of 2011, in effect from 25 May 2011

CROATIA:

Croatia commercial arbitration

Law on Arbitration, 19 October 2001

Law on Conciliation, 24 October 2003, as amended effective 16 July 2009

CYPRUS:

The International Commercial Arbitration Law, 1987

CZECH REPUBLIC:

Czech Republic commercial arbitration

Act No. 216/1994 Coll. on Arbitral Proceedings and Enforcement of Arbitral

Awards (The Arbitration Act), in effect from 1 January 1995

DENMARK:

Denmark commercial arbitration

Danish Arbitration Act, Act no. 553 of 24 June 2005 on Arbitration

Decree No. 117 of 17 March 1973 regarding Recognition and Enforcement

of Foreign Arbitral Awards and International Commercial Arbitration

Danish Model Bilateral Investment Treaty (2008)

The Arbitration Act No. 181, 24 May 1972

EGYPT:

Egypt commercial arbitration

Law No. 27 for 1994 Promulgating the Law Concerning

Arbitration in Civil and Commercial Matters

ENGLAND:

England commercial arbitration

Arbitration Act 1996, Chapter 23

The Arbitration Act 1996 (Commencement No. 1) Order 1996, 16 December

1996

FINLAND:

Finland commercial arbitration

Arbitration Act (23 October 1992/967 including amendments to 27 June

2003/689)

Enforcement Act (15 June 2007/705)

FRANCE:

France commercial arbitration

Code of Civil Procedure, Book IV, Arbitration

Code of Civil Procedure, Book IV, Arbitration

Civil Code, Third Book, Title Sixteen – Arbitration Agreements

Code of Civil Procedure, Book I, Title VI Bis – Mediation

French Model Bilateral Investment Treaty (2006)

GERMANY:

Germany commercial arbitration

German Arbitration Act 1998 (Book 10 ZPO)

Arbitration Rules of the German Institution of Arbitration (DIS)

GREECE:

Greece commercial arbitration

Law 2735/1999, International Commercial Arbitration

Code of Civil Procedure, Book VII, Articles 867-903, Book VIII, Articles

904-907, 918-919

Introductory Law to Code of Civil Procedure

Investment Legislation: Law no. 2687 of 1953 (as amended), Investment and

Protection of Foreign Capital and Law 4171/1961 on Economic Development

HONG KONG S.A.R.:

Arbitration Ordinance (Cap. 341)

Hong Kong commercial arbitration

Arbitration Ordinance (Cap. 341)

Rules of the High Court (Cap. 4A) Order 73, Arbitration Proceedings

Arbitration (Appointment of Arbitrators and Umpires) Rules 1997

Arrangement Concerning Mutual Enforcement of Arbitral Awards Between

the Mainland and the Hong Kong Special Administrative Region

HUNGARY:

Hungary commercial arbitration

Act No. LXXI of 1994 on Arbitration

Law Decree No. 13 of 1979 on Private International Law

INDIA:

India commercial arbitration

The Arbitration and Conciliation Act, 1996

Indian Model Text of Bilateral Investment Promotion and Protection

Agreement (BIPA)

INDONESIA

Indonesia

Law No. 30 of 1999 Concerning Arbitration and Alternative Dispute

Resolution (in effect 12 August 1999)

INTER-AMERICAN COMMERCIAL ARBITRATION:

Inter-American Convention on International Commercial Arbitration

(Panama Convention, 30 January 1975)

Rules of Procedure of the Inter-American Commercial Arbitration

Commission, as adopted 1 July 2000; in force 1 April 2002

IRELAND:

Ireland commercial arbitration

Arbitration Act 2010 (Number 1 of 2010)

ISRAEL:

Arbitration Law, 5728—1968 (as amended in 1974 and 2008)

Israel

Arbitration Law, 5728—1968 (as amended by the Arbitration (Amendment)

Law, 5734-1974)

Regulations for the Execution of the New York Convention (Foreign

Arbitration) 5738-1978

Regulations for Procedure in Matters of Arbitration, 5728-1968

ITALY:

Italy commercial arbitration

Code of Civil Procedure Book Four, Title VIII Arbitration Amended by

Legislative Decree of 2 February 2006, No. 40

Other Law Provisions Referred to in Legislative Decree of 2 February 2006,

No. 40

ITALY – ARBITRATION IN COMPANY MATTERS:

Arbitration in Company Matters

Legislative Decree of 17 January 2003, no. 5 as amended by Legislative

Decree of 6 February 2004, no. 37, Title V – On Arbitration

JAPAN:

Japan commercial arbitration

Arbitration Law (Law No. 138 of 2003)

Act on Promotion of Use of Alternative Dispute Resolution (Law No. 151 of

2004)

KENYA:

Kenya commercial arbitration

The Arbitration Act 1995

The Arbitration Rules, 1997

The Arbitration (Amendment) Act No. 11 of 2009 (in effect 15 April 2010)

KOREA:

Korea commercial arbitration

Arbitration Act, Law No. 1767

LATVIA, THE REPUBLIC OF: ?irts Lejinš and Ieva Kalni?a

Latvia

The Law of the Republic of Latvia Civil Procedure Law, Part D: Arbitration

Court, in effect from 1 March 1999, as amended

The Law of the Republic of Latvia Civil Procedure Law, Part F: International

Civil Procedure, in effect from 1 March 1999, as amended

LIBYA:

Libya commercial arbitration

Code of Civil and Commercial Procedure of 1953, Articles 739-777

LITHUANIA:

Lithuania commercial arbitration

The Republic of Lithuania Law on Commercial Arbitration (1996)

The Code of Civil Procedure of the Republic of Lithuania , as

amended

Law on Conciliatory Mediation in Civil Disputes (2008)

Standard Draft Agreement of the Government of the Republic of Lithuania

on Promotion and Protection of Investments (2005)

LUXEMBOURG:

Luxembourg commercial arbitration

New Code of Civil Procedure Arts. 1224 to 1251, Sole Title – Arbitration, in

effect 16 September 1998

MALAYSIA:

Arbitration Act 2005 (act 646), as amended

Malaysia

Arbitration Act 2005 (Act 646)

MALTA:

Malta commercial arbitration

Arbitration Act 1996, as amended through 2010

MAURITIUS:

International Arbitration Act 2008, 1 January 2009

MEXICO:

Mexico commercial arbitration

Commercial Code, Book V, Title IV on Commercial Arbitration, Articles

1415-1480 (Official Gazette, 22 July 1993)

Federal Code of Civil Procedure, Sole Chapter, Incidental Proceedings

(Incidentes) Articles 358-360 and the Mexican Constitution, Writ of Amparo, Articles

103 and 107

Investment Treaties and Instruments Entered Into by Mexico (per January

2009)

THE NETHERLANDS:

The Netherlands commercial arbitration

The Arbitration Act, Code of Civil Procedure, Book IV, 1 December 1986,

as amended 1 June 2002 and 30 June 2004

NEW YORK CONVENTION

Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 10 June

1958

NEW ZEALAND:

New Zealand commercial arbitration

Arbitration Act 1996, in force 1 July 1997 (as amended 2007)

Arbitration (International Investment Disputes) Act 1979

NIGERIA:

Nigeria commercial arbitration

Arbitration and Conciliation Decree 1988, Decree No. 11

NORWAY:

Norway commercial arbitration

The Arbitration Act of 14 May 2004

The Courts Act, 13 August 1915

Dispute Act of 2005, 1 January 2008

OMAN:

The Law of Arbitration in Civil and Commercial Disputes, 1 July 1997, as

amended through 2007

PAKISTAN:

Pakistan commercial arbitration

Arbitration Act, 1940

The Recognition and Enforcement (Arbitration Agreements and Foreign

Arbitral Awards) Act, 2011 (Act No. XVII of 2011)

The Arbitration (International Investment Disputes) Act, 2011 (Act No. IX

of 2011)

PERU:

Peru commercial arbitration

Legislative Decree 1071 Regulating Arbitration, in effect 1 September 2008

Conciliation Law No. 26872 of 1997

POLAND:

Poland commercial arbitration

Code of Civil Procedure, Part V, as amended 28 July 2005

PORTUGAL:

Portugal commercial arbitration

Law No. 31/86 of 29 August 1986 (as amended by Decree-Law no. 38/2003

of 8 March 2003) Voluntary Arbitration

Code of Civil Procedure (as amended by Decree Law no. 38 2003 of 8 March

2003) Book III, Title IV, Chapter XII; Chapter XVIII, Section XX

ROMANIA:

Romania commercial arbitration

Book IV, Code of Civil Procedure, On Arbitration, Articles 340-370, as

amended by Law No. 59 of 23 July 1993

Law on the Settlement of Private International Law Relations, Law No. 105

of 22 September 1992, Chapter XII, Section 4 (Articles 165/178) and Section 6

(Articles 180-181)

Law on the Settlement of Private International Law Relations, Law No. 105

of 22 September 1992, Chapter VIII, Section 1 (Articles 73-85)

RUSSIAN FEDERATION:

Russian Federation commercial arbitration

Law of the Russian Federation on International Commercial Arbitration (12

August 1993)

SAUDI ARABIA:

Saudi Arabia commercial arbitration

Arbitration Regulation of Saudi Arabia, 25 April 1983

Rules for the Implementation of the Saudi Arabian Arbitration Regulation,

27 May 1985

Convention of the Arab League on the Enforcement of Judgments and

Arbitral Awards, 14 September 1952

SCOTLAND:

Arbitration (Scotland) Act 2010

Scotland commercial arbitration

Arbitration (Scotland) Act, 1894

Administration of Justice (Scotland) Act 1972

Law Reform (Miscellaneous Provisions) (Scotland) Act 1990, Section 66

and Schedule 7

SERBIA:

Serbia commercial arbitration

Arbitration Act, Official Journal of the Republic of Serbia, No. 46/2006

Law on Mediation, 17 February 2005

Republic of Serbia Model Investment Treaty

SINGAPORE:

Singapore commercial arbitration

International Arbitration Act (Chapter 143A) (Revised Edition 2002,

incorporating amendments as at 1 January 2010)

Arbitration Act 2001 (Chapter 10) (Revised 2002 Edition, Incorporating

amendments as at 1 January 2010)

Arbitration (International Investment Disputes) Act (Chapter 11), 10

September 1968

Reciprocal Enforcement of Commonwealth Judgments Act 1921 (Chapter

264)

Reciprocal Enforcement of Foreign Judgments Act (Chapter 265) (Revised

Edition 2001)

SLOVENIA:

Law on Arbitration of Slovenia

Law on Mediation in Civil and Commercial Maters of Slovenia

SOUTH AFRICA: Patrick M.M. Lane SC and R. Lee Harding

South Africa commercial arbitration

Arbitration Act 1965, No. 42 of 1965, Date of Commencement: 14 April 1965

Recognition and Enforcement of Foreign Arbitral Awards Act 1977, No. 40

of 1977, Date of Commencement: 13 April 1977

Protection of Businesses Act, 1978 (in effect 4 August 1978)

SPAIN:

Spain commercial arbitration

The Consolidated Arbitration Law 60/2003 (incorporating 2009 and 2011

amendments)

The Recognition of Foreign Judgments in Spain (Articles 951 to 958 of the

Civil Procedure Law 1881)

SRI LANKA:

Arbitration Act, No. 11 of 1995, in force 30 June 1995

SWEDEN:

Sweden commercial arbitration

The Arbitration Act of 1999 (SFS 1999:116)

SWITZERLAND: Dr. Robert Briner and Dr. Paolo Michele Patocchi

Switzerland

Intercantonal Arbitration Convention, 27 March/29 August 1969

Chapter 12 of the Federal Act on Private International Law of 18 December

1987, and selected Articles

THAILAND:

Thailand commercial arbitration

Arbitration Act BE 2545 (AD 2002)

TUNISIA:

Tunisia commercial arbitration

Arbitration Code, Law No. 93-42 of 26 April 1993, in effect from 27 October

1993

TURKEY:

Turkey commercial arbitration

International Arbitration Law 2001

Private International and Procedural Law Act 2007

Law No. 4501 on Principles that Shall Be Complied with when There Is

Access to Arbitration for Disputes Arising from Concession Contracts 2000

UGANDA:

The Arbitration and Conciliation Act, 2000

The Arbitration and Conciliation (Amendment) Act, 2008

UKRAINE:

Ukraine commercial arbitration

Law on International Commercial Arbitration

The Code of Civil Procedure of Ukraine, as amended

Law of Ukraine on International Private Law, No. 2079-IV, 3 June 2005

UNCITRAL MODEL LAW ON INTERNATIONAL COMMERCIAL ARBITRATION

Model Law on International Commercial Arbitration, 21 June 1985 (with 2006

amendments)

UNCITRAL, COMMENTARY ON THE UNCITRAL MODEL LAW:

UNCITRAL MODEL LAW ON INTERNATIONAL COMMERCIAL CONCILIATION

Model Law on International Commercial Conciliation, 28 June 2002

UNCITRAL ARBITRATION RULES

UNCITRAL Arbitration Rules (as revised in 2010), adopted 25 June 2010, in effect 15

August 2010

UNCITRAL Arbitration Rules, adopted 28 April 1976

UNCITRAL CONCILIATION RULES

UNCITRAL Conciliation Rules, adopted 4 December 1980

United States:

United States commercial arbitration

United States Arbitration Act (Federal Arbitration Act) (9 U.S.C. Sect. 1 et

seq.)

s from the Patent Act (35 U.S.C. Sects. 135(d), 294)

s from the Foreign Sovereign Immunities Act (28 U.S.C. Sects. 1605,

1607, 1610, 1611)

Uniform Arbitration Act

Arbitration Statutes of the States of the United States, the District of

Columbia and Puerto Rico

Uniform Mediation Act

ZAMBIA:

Arbitration Act, Government of Zambia Act No. 19 of 2000

ZIMBABWE:

Zimbabwe Arbitration Act, 1996, No. 6 of 1996, in force 13 September 1996

National Arbitration Laws link

Australia