This thesis deals with the UNCITRAL Model Law, its general purpose and history, with the current situation and regulation of international commercial arbitration in Germany, with an examination of Canada's experiences with the Model Law and its acceptance by the Canadian Courts. It also deals with the question whether the Model Law really is an ideal arbitration law, and the thesis concludes with an evaluation of British Columbia's experiences and a strong recommendation to the German legislature to implement the UNCITRAL Model Law into the German statutes as soon as possible. The final chapter of this thesis contains a suggested English version of the new German International Commercial Arbitration Act. As an appendix, I have provided the texts of the British Columbia International Commercial Arbitration Act and the UNCITRAL Model Law. The intention of my thesis is to examine how Canada, and its province British Columbia in particular, have implemented the UNCITRAL Model Law. In this context, the analysis emphasizes on the modifications of the original Model Law made by the British Columbia legislature, the British Columbia International Commercial Arbitration Act of 1986, this Act's acceptance by the Courts of British Columbia, the acceptance of the Model Law by Canadian Courts in general, the improvements in the area of international commercial arbitration in Canada since 1986, and the B.C. International Commercial Arbitration Centre. There are two reasons for my investigation of the Canadian experience. The first reason is the fact that these Canadian experiences with the Model Law are of interest to the Federal Republic of Germany, because Canada was the first country in the world to adopt the UNCITRAL Model Law almost a decade ago, and the Federal Republic of Germany presently is considering implementing the Model Law as well. Therefore, Canada, and British Columbia in particular, can be exemplary models for Germany. The German adoption of the Model Law is another main issue of this thesis which deals with problems arising in Germany in connection with the implementation. My thesis is that the Federal Republic of Germany has to implement the UNCITRAL Model Law as soon as possible. Some facts to be discussed and results of my research that really support my thesis in this context are the goals of Germany concerning international commercial arbitration, the positive experiences of Canadian jurisdictions with the Model Law, the need for uniform commercial arbitration laws world-wide, and the warm reception of the Model Law by most international businesses and the Canadian Courts. In the discourse of my thesis, I basically try to prove four points, namely that the implementation of the UNCITRAL Model Law in Canada and in its province British Columbia has been a successful undertaking, that the Federal Republic of Germany also needs to implement the Model Law, that there are no problems with the enactment of the Model Law due to its international origin in Canada, and that there are not likely to be any problems in Germany concerning this matter, either, and finally, that the BC-ICAA is the ideal and ingenious continuation of the Model Law which can be recommended to the German legislature, (a) with all its modifications made by the British Columbia legislature, and (b) with certain other modifications that have to made for a country like Germany due to its constitutional, economical and geographical situation. This thesis hence tries to elaborate the ideal and perfect International Commercial Arbitration Act (or Law?) for Germany — thereby relying on the experiences and modifications made by British Columbia.

This thesis deals with the UNCITRAL Model Law, its general purpose and history, with the current situation and regulation of international commercial arbitration in Germany, with an examination of Canada's experiences with the Model Law and its acceptance by the Canadian Courts. It also deals with the question whether the Model Law really is an ideal arbitration law, and the thesis concludes with an evaluation of British Columbia's experiences and a strong recommendation to the German legislature to implement the UNCITRAL Model Law into the German statutes as soon as possible. The final chapter of this thesis contains a suggested English version of the new German International Commercial Arbitration Act. As an appendix, I have provided the texts of the British Columbia International Commercial Arbitration Act and the UNCITRAL Model Law. The intention of my thesis is to examine how Canada, and its province British Columbia in particular, have implemented the UNCITRAL Model Law. In this context, the analysis emphasizes on the modifications of the original Model Law made by the British Columbia legislature, the British Columbia International Commercial Arbitration Act of 1986, this Act's acceptance by the Courts of British Columbia, the acceptance of the Model Law by Canadian Courts in general, the improvements in the area of international commercial arbitration in Canada since 1986, and the B.C. International Commercial Arbitration Centre. There are two reasons for my investigation of the Canadian experience. The first reason is the fact that these Canadian experiences with the Model Law are of interest to the Federal Republic of Germany, because Canada was the first country in the world to adopt the UNCITRAL Model Law almost a decade ago, and the Federal Republic of Germany presently is considering implementing the Model Law as well. Therefore, Canada, and British Columbia in particular, can be exemplary models for Germany. The German adoption of the Model Law is another main issue of this thesis which deals with problems arising in Germany in connection with the implementation. My thesis is that the Federal Republic of Germany has to implement the UNCITRAL Model Law as soon as possible. Some facts to be discussed and results of my research that really support my thesis in this context are the goals of Germany concerning international commercial arbitration, the positive experiences of Canadian jurisdictions with the Model Law, the need for uniform commercial arbitration laws world-wide, and the warm reception of the Model Law by most international businesses and the Canadian Courts. In the discourse of my thesis, I basically try to prove four points, namely that the implementation of the UNCITRAL Model Law in Canada and in its province British Columbia has been a successful undertaking, that the Federal Republic of Germany also needs to implement the Model Law, that there are no problems with the enactment of the Model Law due to its international origin in Canada, and that there are not likely to be any problems in Germany concerning this matter, either, and finally, that the BC-ICAA is the ideal and ingenious continuation of the Model Law which can be recommended to the German legislature, (a) with all its modifications made by the British Columbia legislature, and (b) with certain other modifications that have to made for a country like Germany due to its constitutional, economical and geographical situation. This thesis hence tries to elaborate the ideal and perfect International Commercial Arbitration Act (or Law?) for Germany — thereby relying on the experiences and modifications made by British Columbia. / Law, Peter A. Allard School of / Graduate

This thesis explores problems regarding the reception the UNCITRAL Model Law on International Commercial Arbitration (ML) in Canada, Hong Kong and Russia. Focusing on the relationship between national courts and arbitrators, it argues that the ML fosters gradual harmonization of law on international arbitration, while accommodating the particular needs of the legal cultures and traditions of Canada, Hong Kong and Russia. The importance of this study derives from the fact that the experience of these three countries has been, and it still is, a guide for a number of other countries considering the adoption of the ML and modification of their arbitration laws. First, the thesis explores the implementation of the ML at the national level, in each of the countries of adoption in order determine, the legal changes, if any, brought about by the adoption. The hypothesis is that legal borrowing can lead to different results in countries with different legal traditions, different levels of economic development and different political structures. At this level the analysis focuses on statutory frameworks and judicial practice in these countries. Second, the thesis compares the results from the study at the national level in order to explore the ways in which the same pattern (that is, the ML) has been modified to reflect the socio-economic environment and principles of old systems, and to determine changes to the original model. The hypothesis is that arbitral tribunals are promoters of a new "internationalized" legal culture and that national judges and courts, in comparison, are more likely to reflect local or national legal cultures. The thesis concludes that variations in the application and interpretation of the M L in the three countries does not mean that the ML cannot bring about the harmonization of laws. However, the ML is not a transplantation or duplication of foreign law, but a project of reception. In that way, the ML serves as a basis for creativity, rather than representing the imposition of a new, and perhaps, inappropriate; legal culture.

This thesis explores problems regarding the reception the UNCITRAL Model Law on International Commercial Arbitration (ML) in Canada, Hong Kong and Russia. Focusing on the relationship between national courts and arbitrators, it argues that the ML fosters gradual harmonization of law on international arbitration, while accommodating the particular needs of the legal cultures and traditions of Canada, Hong Kong and Russia. The importance of this study derives from the fact that the experience of these three countries has been, and it still is, a guide for a number of other countries considering the adoption of the ML and modification of their arbitration laws. First, the thesis explores the implementation of the ML at the national level, in each of the countries of adoption in order determine, the legal changes, if any, brought about by the adoption. The hypothesis is that legal borrowing can lead to different results in countries with different legal traditions, different levels of economic development and different political structures. At this level the analysis focuses on statutory frameworks and judicial practice in these countries. Second, the thesis compares the results from the study at the national level in order to explore the ways in which the same pattern (that is, the ML) has been modified to reflect the socio-economic environment and principles of old systems, and to determine changes to the original model. The hypothesis is that arbitral tribunals are promoters of a new "internationalized" legal culture and that national judges and courts, in comparison, are more likely to reflect local or national legal cultures. The thesis concludes that variations in the application and interpretation of the M L in the three countries does not mean that the ML cannot bring about the harmonization of laws. However, the ML is not a transplantation or duplication of foreign law, but a project of reception. In that way, the ML serves as a basis for creativity, rather than representing the imposition of a new, and perhaps, inappropriate; legal culture. / Law, Peter A. Allard School of / Graduate