Section I. Introductory rules SCOPE OF APPLICATION

　　Article 1

　　1. Where the parties to a contract have agreed in writing* that disputes in relation to that contract shall be referred to arbitration under the UNCITRAL Arbitration Rules, then such disputes shall be settled in accordance with these Rules subject to such modification as the parties may agree in writing.

　　2. These Rules shall govern the arbitration except that where any of these Rules is in conflict with a provision of the law applicable to the arbitration from which the parties cannot derogate, that provision shall prevail.

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　　*MODEL ARBITRATION CLAUSE

　　Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force.

　　Note - Parties may wish to consider adding：

　　（a） The appointing authority shall be …… （name of institution or person）；

　　（b） The number of arbitrators shall be …… （one or three）；

　　（c） The place of arbitration shall be …… （town or country）；

　　（d） The language（s） to be used in the arbitral proceedings shall be ……

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　　NOTICE, CALCULATION OF PERIODS OF TIME

　　Article 2

　　1. For the purposes of these Rules, any notice, including a notification, communication or proposal, is deemed to have been received if it is physically delivered to the addressee or if it is delivered at his habitual residence, place of business or mailing address, or, if none of these can be found after making reasonable inquiry, then at the addressee=s last-known residence or place of business. Notice shall be deemed to have been received on the day it is so delivered.

　　2. For the purposes of calculating a period of time under these Rules, such period shall begin to run on the day following the day when a notice, notification, communication or proposal is received. If the last day of such period is an official holiday or a non-business day at the residence or place of business of the addressee, the period is extended until the first business day which follows. Official holidays or non-business days occurring during the running of the period of time are included in calculating the period.

　　NOTICE OF ARBITRATION

　　Article 3

　　1. The party initiating recourse to arbitration 想知道劳动（hereinafter called the “claimant”） shall give to the other party （hereinafter called the “respondent”） a notice of arbitration.

　　2. Arbitral proceedings shall be deemed to commence on the date on which the notice of arbitration is received by the respondent.

　　3. The notice of arbitration shall include the following：

　　（a） A demand that the dispute be referred to arbitration；

　　（b） The names and addresses of the parties；

　　（c） A reference to the arbitration clause or the separate arbitration agreement that is invoked；

　　（d） A reference to the contract out of or in relation to which the dispute arises；

　　（e） The general nature of the claim and an indication of the amount involved, if any；

　　（f） The relief or remedy sought；

　　（g） A proposal as to the number of arbitrators （i.e. one or three）, if the parties have not previously agreed thereon.

　　4. The notice of arbitration may also include：

　　（a） The proposals for the appointments of a sole arbitrator and an appointing authority referred to in article 6, paragraph 1；

　　（b） The notification of the appointment of an arbitrator referred to in article 7；

　　（c） The statement of claim referred to in article 18.

　　REPRESENTATION AND ASSISTANCE

　　Article 4

　　The parties may be represented or assisted by persons of their choice. The names and addresses of such persons must be communicated in writing to the other party； such communication must specify whether the appointment is being made for purposes of representation or assistance.

　　Section II. Composition of the arbitral tribunal

　　NUMBER OF ARBITRATORS

　　Article 5

　　If the parties have not previously agreed on the number of arbitrators 你看劳动（i.e. one or three）, and if within fifteen days after the receipt by the respondent of the notice of arbitration the parties have not agreed that there shall be only one arbitrator, three arbitrators shall be appointed.

　　APPOINTMENT OF ARBITRATORS （Articles 6 to 8）

　　Article 6

　　1. If a sole arbitrator is to be appointed, either party may propose to the other：

　　（a） The names of one or more persons, one of whom would serve as the sole arbitrator劳动； and

　　（b） If no appointing authority has been agreed upon by the parties, the name or names of one or more institutions or persons, one of whom would serve as appointing authority.

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