The revised Law on Arbitration has been enacted

27 Jan The revised Law on Arbitration has been enacted

January 27, 2017. The Parliament of Mongolia enacted the revised Law of Mongolia on Arbitration (the “Revised Law”) on 26 January 2017. The Revised Law has been developed in consistence with the Model Law on International Commercial Arbitration adopted by the United Nations Commission on International Trade Law on 21 June 1985 and amended on 7 June 2006.

The Revised Law is expected to result in Mongolia being considered as a country based its arbitration law on the Model Law. Furthermore, the following social and economic effects are expected:

  1. regulation of international and domestic arbitration shall be developed in consistent with international best practice;
  2. caseload of the courts of Mongolia shall be decreased;
  3. the choice of Mongolian law and Mongolian arbitration in international disputes shall be encouraged;
  4. favorable legal environment for foreign investors shall be created and foreign direct investment shall be increased; and
  5. time and cost for settlement of disputes by arbitration shall be decreased and the cost for running business in Mongolia shall be reduced.

The team of MDS KhanLex LLP and Sidley Austin LLP has been selected for the tender for developing the draft of Revised Law, which has been announced by the Ministry of Justice of Mongolia and Business Plus Initiative project of USAID in 2014, and has worked in cooperation with the working groups at the Ministry of Justice and Home Affairs and the Parliament of Mongolia through the enactment process of the Revised Law.

We would like to extend our sincere gratitude to Mr. David Roney and Mr. Andrew Fox of Sidley Austin LLP, who supported and cooperated in developing the Revised Law in consistent with international practice, and assisted pro bono throughout the process. It is our pleasure to note that the partners and lawyers of MDS KhanLex law firm, Ms. Dugerjav D., Mr. Maizorig J., Ms. Odmaa Ts, Mr. Sugarnyam P and Ms. Munkhgerel D have participated in developing the draft of Revised Law.

0A picture of the working group after the enactment of the Revised Law.

From left to right: Sainzorig P., The acting head of the Legal policy department at the Ministry of Justice and Home affairs, Khongorzul B., Officer at the Legal Standing Committee, Dugerjav D., a Partner and a lawyer of MDS KhanLex LLP, Suvd M., a professor of Otgontenger University,  Uchral N., a Member of Parliament, Bayasgalan G., the State Secretary of  Ministry of Justice and Home affairs, Baasandorj B., a Senior Officer at the Legal Standing Committee, Gunjdagva Ch., the Secretary General of the Mongolian International and National Arbitration Center at the Mongolian National Chamber of Commerce and Industry, Munkhtuya N., an officer of Legal policy department at the Ministry of Justice and Home affairs and a lawyer Uyanga D.