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A Study on the Amended Arbitration Law of Mongolia

  • Woo, Jae-Hyong (Yonsei University, Research and Training Institute of the Supreme Court of Korea) ;
  • Lee, Min Kyu (International Dispute Resolution Team at Yulchon LLC)
  • Received : 2017.08.21
  • Accepted : 2017.08.30
  • Published : 2017.09.01

Abstract

Mongolian government enacted the Foreign Trade Arbitration Law to modernize the practice of commercial arbitration. Nevertheless, the Foreign Trade Arbitration Trade Law fell short on a number of fronts and arbitration itself remained a distant second option to litigation within Mongolia. Law on Arbitration of 2003 aimed to modernize the Mongolian arbitration framework so that it would mirror the UNCITRAL Model Law on International Commercial Arbitration. At the same time, the Law on Arbitration 2003 made a conscious decision to deviate from international norms with respect to certain aspects in order to accommodate for the unique circumstances and characteristics of Mongolia. For example, unlike its UNCITRAL counterpart, the Law on Arbitration of 2003 did not include an exhaustive list of grounds for refusing the recognition and enforcement of arbitral awards. In that sense, the Law on Arbitration of 2003 was a resounding success and a drastic improvement on the Foreign Trade Arbitration Law. These factors convinced the Mongolian government to once again revise its arbitration law. This process, which started in 2008 with the help of foreign law firms and institutions, ultimately culminated in the Law of Arbitration of 2017. The chief objective of the Law of Arbitration of 2017 was to more closely adhere to preexisting international norms on arbitration such as the Model Law on International Commercial Arbitration, and there is no question that Mongolia has succeeded in doing so. This article thus concludes by explaining some of the noteworthy improvements made by the 2017 revisions, and by noting that Mongolia is now equipped with a truly international legal framework for arbitration.

Keywords

References

  1. Aron Broches, Commentary on the UNCITRAL Model Law on International Commercial Arbitration, Kluwer Law and Taxation Publishers, 1990
  2. Byoung-Uk Yu, "A Comparative Study on the International Trade and Commercial Arbitration between Korea and Mongolia", The International Commerce & Law Review, 2016, Vol.69, pp.495-522
  3. Ingram Weber and Undarmaa Ganbaatar, International Commercial Arbitration in Asia, Juris Publishers, 2013
  4. Ministry of Justice, Research Report on Modernization of Arbitration Legislation of Mongolia, 2014.
  5. Mongolian National Chamber of Commerce and Industry, "Arbitration in Mongolia", retrieved on 16 August 2017 from http://www.mncttf.gov.mn/en/documents/Arbitration_of_Mongolia.pdf.
  6. Sidley Austin and MDSKhanLex LLP, "Briefing Note - The New Arbitration Law of Mongolia", 2017, retrieved on 9 August 2017 from http://amcham.mn/wp-content/uploads/2017/02/Sidley-MDSKhanLex-Briefing-Note-on-New-Arbitration-Law.pdf
  7. Suk-Chul Kim, "A Comparative Study on the Differences of Arbitration Systems between Mongol and Korea", Journal of Arbitration Studies, 2013, Vol.23, No.4, pp.55-76
  8. Sun-Jeon Kim, "On Overview of Mongolian Arbitration Law as Source of Law for International Commercial Dispute Resolution", Journal of International Trade and Insurance, 2014, Vol.15, No. 3, pp.185-215
  9. Yong-Kil Kim, "A Study on the Comparative Method of Arbitration Law of China and Arbitration Law of Mongolia", Journal of Arbitration Studies, 2016, Vol.26, No.4, pp.83-109 https://doi.org/10.16998/jas.2016.26.4.83