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1. Introduction 1. Introduction
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2. Settlement and other Termination—Article 36 2. Settlement and other Termination—Article 36
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A. Text of the 2010 UNCITRAL Rule A. Text of the 2010 UNCITRAL Rule
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B. Commentary B. Commentary
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(1) Settlement—Article 36(1) (1) Settlement—Article 36(1)
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(a) Types of settlement agreement and the practice of awards on agreed terms (a) Types of settlement agreement and the practice of awards on agreed terms
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(b) Discretion to record a settlement agreement (b) Discretion to record a settlement agreement
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(c) Pre-settlement negotiations (c) Pre-settlement negotiations
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(2) Other grounds for termination—Article 36(2) (2) Other grounds for termination—Article 36(2)
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(a) Continuation of the arbitration is “unnecessary” or “impossible” (a) Continuation of the arbitration is “unnecessary” or “impossible”
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(b) The existence of “remaining matters” (b) The existence of “remaining matters”
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(3) Technical requirements for awards on agreed terms—Article 36(3) (3) Technical requirements for awards on agreed terms—Article 36(3)
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(4) Comparison to the 1976 UNCITRAL Rules (4) Comparison to the 1976 UNCITRAL Rules
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C. Extracts from the Practice of Investment Tribunals C. Extracts from the Practice of Investment Tribunals
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D. Extracts from the Practice of the Iran–US Claims Tribunal D. Extracts from the Practice of the Iran–US Claims Tribunal
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(1) Tribunal Rules (1983), Article 34(1) (1) Tribunal Rules (1983), Article 34(1)
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(2) Tribunal Rules (1983), Article 34(2) (2) Tribunal Rules (1983), Article 34(2)
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25 Settlement and other Grounds for Termination
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Published:March 2013
Cite
Extract
Introduction
In some cases, the parties may resolve their dispute during the course of the arbitration through a negotiated settlement. In other cases, the arbitration may become unnecessary or may be impossible to continue, for reasons such as the claimant's failure to pursue its claim, the resolution of the arbitral dispute in another forum, or the parties’ failure to fund the arbitral tribunal through required deposits of money. In these circumstances, and possibly others, the arbitration will not end with an award that reflects a full adjudication of the issues, but rather with an award on agreed terms or a termination order. Article 36 guides the conduct of the arbitral tribunal in these circumstances.
Settlement and other Termination—Article 36
Text of the 2010 UNCITRAL Rule
Article 36 of the 2010 UNCITRAL Rules provides:1
...
Commentary
Settlement—Article 36(1)
Types of settlement agreement and the practice of awards on agreed terms
Article 36(1) contemplates two situations for settlement by agreement by the parties depending on whether or not the parties wish to have their settlement recorded as an award on agreed terms.
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