The MNAC is non-governmental and non-profit nature empowered to carry out its operations in the field of private dispute settlement.
The Mongolian National Arbitration Center was founded on July 2, 1960 at the Mongolian National Chamber of Commerce and Industry.
In 1995, the Law on Foreign Trade Arbitration Court was adopted by Parliament of Mongolia. According to this law, the Foreign Trade Arbitration Court at the MNCCI recognized the single institutional arbitration in Mongolia.
On May 09, 2003 a new Law on Arbitration which is based on the UNCITRAL Model law on International Commercial Arbitration, was adopted by Parliament. The new law was elaborated by leading practitioners of international arbitration.
MNAC has its branches in the regions. Now there are 21 branch arbitration centers in the regions empowered to settle domestic disputes. MNAC is composed of Chairman, Secretary General, arbitrators and staff.
As Mongolia is a contracting state of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958, MNA award could be recognized and enforced by the courts of all 136 contracting states.
Main activities of MNAC
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Arbitration. Arbitration is the main function of MNAC. MNAC adopted its new Rules on Arbitration on June 16, 2003 regarding the Law on Arbitration of Mongolia. MNAC is the only institution in Mongolia that has rich experiences in commercial arbitration.
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Mediation. In order to develop a private dispute resolution mechanism-ADR in Mongolia MNAC adopted new Rules on Mediation on June 16, 2003. Mediation is a new dispute resolution mechanism to Mongolia.
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Legal Consultation. MNAC provides legal consultation services to any interested persons to prevent disputes and to get acquaint them with arbitration.
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Research and survey.
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Training.
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Publication and Information Distribution.
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International cooperation. MNAC is an internationally recognized institution and is a member of several international arbitration organizations such as IFCAI, Chartered Institute of Arbitrators and LCIA. MNAC is concerned with the active cooperation and constant relationship with arbitration institutions worldwide and the participation in international conferences, meetings and seminars. MNAC initiated an annual trilateral conference between MNAC, CIETAC and ICAC at the Russian Chamber of Commerce and Industry, and organized their first meeting in Mongolia in 2000. Also initiative of MNA this conference become multilateral and organized every year. MNAC has cooperation agreements with many arbitration institutions the world over.
Cooperation Agreements
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The International Commercial Arbitration Court of Russian Federation Chamber of Commerce and Industry
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The China International Economic and Trade Arbitration Commission
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The Commercial Arbitration Association of the Republic of China
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The Kuala Lumpur Regional Center for Arbitration
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The Thai Arbitration Institute
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The Chartered Institute of Arbitrators
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The Hong Kong International Arbitration Center
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The Korean Commercial Arbitration Board
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The International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry
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The international Commercial Arbitration Court at the Czech Chamber of Commerce and Industry
Advantages of resolving disputes by MNAC
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Party’s autonomy. The parties can enjoy autonomy to the largest extend possible including the freedom to choose the arbitrators, place of arbitration, language, arbitration rules and applicable laws etc.
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Confidentiality. Without the consent of parties and permission of the tribunal, neither the procedural issues nor the merits could be revealed to a third party so as to protect the commercial secrets and reputation of the parties.
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Efficiency and Procedural Flexibility. To solve commercial disputes in a fast manner, the arbitration award is final in its effect. There is no appellate procedure. The award comes into effect as from date of issuance and is enforceable.
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Efficient. MNA is very fast and efficient. Period of the arbitration procedure is 60 days in law.
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Enforceability of Award. As Mongolia is a contracting state of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958, MNA award could be recognized and enforced by the courts of all 136 contracting states.
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