Model Rules on arbitral procedure
Arbitral procedures are governed by various rules and regulations that provide a framework for conducting arbitration proceedings. These rules ensure fairness, efficiency, and enforceability of the arbitration process. While there are several sets of rules available, I will provide an overview of some commonly used rules in international commercial arbitration.
- International Chamber of Commerce (ICC) Rules: The ICC rules are widely used in international commercial arbitration. They provide detailed procedures for initiating arbitration, appointment of arbitrators, conduct of proceedings, and rendering of awards. The rules cover various aspects such as jurisdiction, interim measures, evidence, and the role of the arbitral tribunal.
- United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules: UNCITRAL rules are a comprehensive set of rules applicable to both ad hoc and institutional arbitrations. They provide guidance on key procedural matters, including commencement of arbitration, appointment of arbitrators, conduct of proceedings, and the form and content of awards. These rules are often used when parties choose to conduct arbitration without relying on a specific institution’s rules.
- London Court of International Arbitration (LCIA) Rules: The LCIA rules are widely used in international commercial arbitration, especially in cases involving English law or London as the seat of arbitration. They cover various aspects such as the formation of the arbitral tribunal, conduct of proceedings, evidence, and the making of awards. The rules also address issues like the role of the LCIA Court and the appointment of an emergency arbitrator.
- International Centre for Dispute Resolution (ICDR) Rules: The ICDR rules, administered by the American Arbitration Association (AAA), are commonly used for international and domestic arbitrations. They provide a framework for initiating arbitration, appointing arbitrators, managing proceedings, and issuing awards. The rules also address matters like jurisdiction, consolidation of arbitrations, and expedited procedures.
- Singapore International Arbitration Centre (SIAC) Rules: The SIAC rules are frequently used in international arbitrations, particularly in cases involving parties from Asia. These rules cover various procedural aspects, including the commencement of arbitration, appointment of arbitrators, and conduct of proceedings. They also address issues like emergency arbitrators, consolidation of arbitrations, and the expedited procedure.
It is important to note that each set of rules has its own specific provisions and procedures. Parties to an arbitration agreement can choose the rules they wish to govern their arbitration, or they may agree on specific procedures tailored to their particular needs. Additionally, the applicable laws and the arbitration agreement itself also play a role in determining the procedural aspects of the arbitration.
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