International Commercial Arbitration (Hansard, 1 March 1985)

§ Mr. Channon

The Government have given close attention to the deliberations of the working group of UNCITRAL which has drawn up the draft model law. The text has been given a wide circulation in the United Kingdom and my Department has received comments from a number of individuals and organisations. Following consulation with the Lord Chancellor, I have now established a Committee to consider these comments and to recommend what approach the United Kingdom should adopt at the meeting in June and thereafter. The members of the Committee will be:

Mr. Justice Mustill (Chairman), Mr L W M Alexander, Mr R J Ayling, Mr W C Beckett CB, Mr S C Boyd QC, Mr M Carpenter, Mr Clifford Clark MC, Mr J H Farr, Professor R M Goode, Mr J M H Hunter, Mr R A MacCrindle QC, Mr J B McCartney, Mr J Murray QC, Mr K S Rokison QC, Mr R J Withers CBE and Mr S A Parker (Secretary).

Its principal terms of reference will be:

"1. To consider the draft model law on international commercial arbitration adopted by a working group of the United Nations Commission on International Trade Law in February 1984 and, in the light of any representations made by British interests, to advise the Secretary of State for Trade and Industry:—

(a) upon any modifications which the Committee considers should be proposed by HMG to the text of the draft model law prior to its adoption by the Commission;
(b) upon whether, and if so to what extent, the provision of the model law should be implemented in England and Wales, Scotland or Northern Ireland and upon what measures should be taken for that purpose; or what arrangements should be made to examine any aspects of this question, notably those which may have different implications for the system of arbitration in the three law districts.

2. To examine the operation of the Arbtration Acts 1950–1979 in the light of the model law and to recommend to the Secretary of State any legislative or other steps which the Committee considers should be taken to improve the system of arbitration in England and Wales."

It is possible that these terms of reference may need to be adjusted to respond to developments in UNCITRAL. My decision to appoint this Committee reflects the very considerable impact which I believe the model law could have on international commercial arbitration, both in this country and abroad. The text which the working group has produced is an impressive document, but it is too early to say whether, with or without any improvements the United Kingdom may propose, it will find favour here or in other countries.