Chapter 1: Comparing the Federal Arbitration Act and the UNCITRAL Model Law on International Commercial Arbitration

The United States (U.S.) Federal Arbitration Act (the “FAA”) and the United Nations Commission on International Trade Law (UNCITRAL) Model Law on International Commercial Arbitration (the “Model Law”) are two of the main sources of legislative guidance on international arbitration procedure and the enforcement of arbitral awards in the U.S. (1) State arbitration statutes represent a third category of arbitration legislation that may apply to international commercial arbitrations seated or enforced in the U.S. (2) Chapter 2 addresses the interaction between the FAA and state arbitration statutes. The FAA always applies and the UNCITRAL Model Law may apply to arbitrations seated in the U.S., depending on the location of the seat of arbitration or the place of enforcement of the arbitral award. This chapter compares the key elements of the FAA and the Model Law