Arbitration Rules

Rules from International Institutions

International Arbitration institutions have led the way in rulemaking for international commercial arbitration through institutional rules and commentary. The following are the institutions most often named in international agreements:

• Cairo Regional Centre for International Commercial Arbitration (CRCICA)
• China International Economic and Trade Arbitration Commission (CIETAC)
• Dubai International Arbitration Centre (DIAC)
• Hong Kong International Arbitration Centre (HKIAC)
• ICC International Court of Arbitration
• Singapore International Arbitration Centre (SIAC)
• The Arbitration Institute of the Stockholm Chamber of Commerce (SCC)
• Swiss Chambers’ Court of Arbitration and Mediation (Swiss Chambers)
• UNCITRAL Arbitration Rules (UNCITRAL)
• WIPO Arbitration and Mediation Center (WIPO Center)

Rules from National Institutions

As national arbitration institutions have proliferated and grown, they are more and more frequently being named in international agreements.

• Australian Centre for International Commercial Arbitration (ACICA)
• Chamber of Arbitration of Milan (CAM)
• The Foreign Trade Court of Arbitration at the Serbian Chamber of Commerce (SERBIA FTCA)
• Indian Council of Arbitration (ICA)
• International Commercial Arbitration Court (ICAC) and Maritime Arbitration Commission (MAC) at the Russian Federation Chamber of Commerce and Industry
• Japan Commercial Arbitration Association (JCAA)
• Korean Commercial Arbitration Board (KCAB)
• London Maritime Arbitrators’ Association (LMAA)
• The Netherlands Arbitration Institute (NAI)
• Regional Centre for International Commercial Arbitration, Lagos (LAGOS RCICA)
• Ukrainian Chamber of Commerce & Industry, International Commercial Arbitration Court (ICACU) and Maritime Arbitration Commission (MACU)

In Asia The China International Economic and Trade Arbitration Commission (“CIETAC”), Hong Kong International Arbitration Centre (“HKIAC”), Japan Commercial Arbitration Association (“JCAA”), Korean Commercial Arbitration Board (“KCAB”), and Singapore International Arbitration Centre (“SIAC”) rules are the leading sets of institutional Asian international arbitration rules.

General Contents of Arbitrary Rules

ARBITRATION CLAUSE

Main issues:

• Model Clause
• Effect of Arbitration Clause/Application of Rules

COMMENCEMENT OF ARBITRATION

Main issues:

• Notice or Request for Arbitration
• Answer and Counterclaims/Reply
• Registration Fee/Advance on Costs
• Joinder of Parties

CONSTITUTION OF THE ARBITRAL TRIBUNAL

Main issues:

• Consolidation
• Number of Arbitrators
• Nationality/Qualifications of Arbitrators
• Disclosure by Arbitrators
• Appointment of Arbitrators
• Challenge of Arbitrators
• Replacement of Arbitrators
• Truncated Tribunals
• Compensation of Arbitrators
• Communications Between Parties and Arbitrators
• Liability of Arbitrators/Arbitral Institutions

GENERAL CONDITIONS

Main issues:

• Notices and Communications/Calculation of Periods of Time
• Place of Arbitration
• Language/Translations
• Representation and Assistance
• Confidentiality/Privacy

PRELIMINARY ISSUES

Main subjects:

• Jurisdictional Issues
• Applicable Substantive Law
• Punitive Damages

ARBITRAL PROCEEDINGS

Main issues:

• Transmission of File to Arbitrators
• Conduct of Proceedings Generally/Applicable Procedural Law
• Procedural Rulings
• Expedited Proceedings
• Terms of Reference/Procedural Timetable/Pre-Hearing Conference
• Statement of Claim
• Statement of Defense/Counterclaims/Reply
• Amendments to Claims/Defenses
• Further Written Statements
• Time Limits
• Disclosure/Discovery
• Hearings
• Evidence
• Witnesses
• Experts
• Interim Measures
• Emergency Arbitral Interim Measures
• Default
• Waiver of Rules
• Closure of Hearings or Proceedings

ARBITRAL DECISIONS/AWARDS

Main issues:

• Time Limits for Award
• Quorum/Dissents
• Place, Form, Notification and Effect of Award
• Currency of Award/Interest
• Determination and Allocation of Arbitration Costs
• Correction, Interpretation or Supplementation of Award
• Settlement/Other Termination
• Recourse Against Award