Model Rules on arbitral procedure . .


Arbitral procedures are governed by various sets of rules established by different institutions and organizations. While I can provide you with a general overview of the common elements found in arbitral rules, it’s important to note that specific rules may vary depending on the institution or jurisdiction. Here are some key principles and provisions typically found in arbitral procedure rules:1. Arbitration Agreement: The existence of an arbitration agreement between the parties is a fundamental requirement for initiating arbitration. The agreement outlines the scope of disputes subject to arbitration and may specify the applicable rules.2. Appointment of Arbitrators: The rules generally provide a mechanism for appointing arbitrators, either through party nominations or appointment by an institution or a designated authority. The number of arbitrators and their qualifications are typically specified.3. Jurisdiction: The arbitral tribunal determines its own jurisdiction, including any challenges to its jurisdiction, based on the scope of the arbitration agreement and the applicable law.4. Conduct of Proceedings: The rules typically set out procedures for the conduct of the arbitration, including the exchange of pleadings, written submissions, and evidence. They may also address matters such as the language of the proceedings, confidentiality, and the place of arbitration.5. Hearings: The rules may provide for the holding of oral hearings, allowing parties to present their case and examine witnesses. They may also allow for hearings to be conducted remotely or through videoconferencing.6. Evidence: The rules usually address the submission and admissibility of evidence, including documents, witness statements, expert reports, and the examination of witnesses.7. Interim Measures: Rules often empower the arbitral tribunal to order interim measures to protect the rights and interests of the parties, such as injunctions or asset preservation orders, before the final award is rendered.8. Award: The rules outline the procedure for rendering the final award, including the form and contents of the award, the time limit for its issuance, and any requirements for reasons or dissenting opinions.9. Challenges and Appeals: Arbitral rules may provide mechanisms for challenging an arbitrator’s appointment or an award’s enforcement. These mechanisms may include processes for setting aside an award or seeking its annulment.10. Costs and Fees: The rules typically address the allocation of costs, including arbitrators’ fees, administrative expenses, and legal costs. They may provide for the arbitrators to determine the costs in the final award.It’s important to note that different arbitral institutions, such as the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA), or the American Arbitration Association (AAA), have their own specific sets of rules that parties may choose to adopt for their arbitration proceedings. These rules may have additional provisions and procedures tailored to the particularities of the institution.When engaging in arbitration, it’s advisable to consult the specific rules applicable to your case or seek legal advice to ensure compliance with the relevant procedures.

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