Reference
Institutions
01
Abu Dhabi Commercial Conciliation & Arbitration Centre (ADCCAC)
04
American Arbitration Association (AAA)
06
Arbitration Center of the Iran Chamber (ACIC)
09
Bahrain Chamber of Dispute Resolution (BCDR)
11
China International Economic and Trade Arbitration Commission
(CIETAC)
14
Common Court of Justice and Arbitration (CCJA)
19
Dubai International Arbitration Centre (DIAC)
23
The DIFC-LCIA Arbitration Centre (DIFC-LCIA)
Dubai International Financial Centre (DIFC)
26
Gulf Cooperation Council Commercial Arbitration Centre (GCAC)
29
Hong Kong International Arbitration Centre (HKIAC)
32
International Centre for the Settlement of Disputes (ICSID)
35
International Chamber of Commerce (ICC)
37
London Court of International Arbitration (LCIA)
39
Qatar Financial Centre (QFC)
42
Singapore International Arbitration Centre (SIAC)
45
Stockholm Chamber of Commerce (SCC)
47
Tehran Regional Arbitration Centre
Conventions
50
New York Convention (full text and status table)
68
Washington (ICSID) Convention (summary and status table)
Weblinks
80
Related links
ADCCAC
Abu Dhabi Commercial Conciliation
& Arbitration Centre
The Abu Dhabi Commercial Conciliation & Arbitration Centre (ADCCAC) was
established in February 1993 by the Abu Dhabi Chamber of Commerce &
Industry to provide a facility for resolving trade disputes through conciliation
and arbitration. ADCCAC maintains a register of specialists in the fields of
conciliation, arbitration, expertise and translation. ADCCAC claims to be
the first arbitration centre established in the GCC.
Supervision of arbitrators and scrutiny of awards
The Abu Dhabi Chamber of Commerce & Industry is responsible for
guaranteeing the independence of its registered arbitrators in the
performance of their duties. The Trade Convention and Arbitration
Committee of the Abu Dhabi Chamber of Commerce & Industry (the
Committee) must approve of all specialists on the registers of
conciliators, arbitrators, experts and translators (each of whom must
comply with the requirements set out in the ADCCAC Charter), and has the
power to remove the same from the register if they no longer comply with
such requirements. If any Party objects to an arbitrator, they may raise
such objection in writing, with supporting documents, to the General
Manager of ADCCAC. The application shall then be referred to the
Committee within one week and the arbitration will be suspended
pending the Committee’s decision.
Procedure
The ADCCAC Charter & Regulations contains the Procedural Regulations
for Arbitration and Conciliation in Part Two (Rules). The Rules provide that
the parties to a contract may agree to have disputes settled by arbitration
under the ADCCAC Rules or they may elect ADCCAC arbitration once a dispute
has arisen. The arbitral procedure is set out in Article 36 of the Rules.
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The proceedings are conducted in Arabic unless otherwise agreed by the
parties; or the parties do not speak Arabic; or where the members of the
arbitral tribunal are not Arabic speakers. In any event, arbitral awards
must be in Arabic in addition to any other language adopted during the
proceedings.
Costs
ADCCAC requires payment of a registration fee of 1,000AED upon the
filing of any new request for arbitration. This registration fee is nonrefundable and is exclusive from any fees charged by and payable directly
to the arbitrators. ADCCAC also retains 15% of each arbitrator’s fees.
Arbitrator’s fees are charged separately, directly to the parties. Fee rates
to be charged should be agreed in advance by the parties. If the parties
object to any arbitrator’s fees, they may object in writing to ADCCAC.
Appeal
The ADCCAC Rules provide no grounds for appeal. Recourse is limited to
applications for the annulment of an award under UAE law (Civil Procedure
Code).
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ADCCAC
ADCCAC model clause
Standard Arbitration clause
All disputes arising from the interpretation; implementation or
termination of the agreement/contract herein shall have to be
conclusively settled via arbitration in accordance with the provisions
on arbitration provided in the Abu Dhabi Commercial Conciliation &
Arbitration Centre’s Procedural Regulations and through an arbitration
board comprising one; three or more arbitrators who shall be
nominated and summoned up in accordance with the rules and
procedures provided in the Centre's Procedural Regulations.
Standard Mixed clause
All disputes arising from the interpretation; implementation or
termination of the agreement/contract herein shall have to be initially
settled via Conciliation and through a special board comprising one;
three or more Conciliators who shall be nominated and summoned
up in accordance with the provisions of the Abu Dhabi Commercial
Conciliation & Arbitration Centre’s Procedural Regulations.
In the event of failure of such endeavours, or consent on giving up
the aforementioned Conciliatory clause, the dispute shall have to
be conclusively settled via arbitration and through a special board
comprising one; three or more arbitrators who shall be nominated
and summoned up in accordance with the provisions of the Centre’s
(ADCCAC) Procedural Regulations.
See the Arbitration section for best practice in drafting arbitration clauses.
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Reference
American Arbitration Association
The American Arbitration Association’s (AAA) main focus is on dispute
resolution in the US (for which it has many sets of rules). However, it also
provides International Arbitration Rules (the Rules).
Supervision of arbitrators and scrutiny of awards
AAA arbitration allows a level of flexibility in the appointment of arbitrators
and the procedural rules. The parties are free to adopt any mutually
agreeable procedure for appointing arbitrators – either when they are
drafting the arbitration clause or after a dispute has arisen. They are
encouraged to request a conference with the AAA’s International Centre
for Dispute Resolution (ICDR) to discuss this. For example, arbitrators can
be appointed by the parties themselves or by the ICDR, with or without
the use of lists of arbitrators provided by the ICDR from which each party
deletes unacceptable names.
The Rules also provide flexibility for a tribunal to conduct an arbitration
in whatever manner it sees fit. The AAA does not scrutinise awards.
Procedure
Arbitrations under the Rules are administered by the ICDR in New York (USA)
or Dublin (the Republic of Ireland), although sometimes administration
can be through the facilities of arbitration institutions with which the
ICDR has cooperation agreements.
Costs
In addition to paying the arbitrators’ fees, parties must pay ICDR
administration charges, comprising two elements: an initial filing fee
(for all claims/counterclaims filed); and a case service fee (for cases
which proceed to a first hearing). Fees are calculated based on the
sum in dispute and are generally lower than those of the ICC.
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AAA
Appeal
Awards are final and binding on the parties.
AAA model clause
Any controversy or claim arising out of or relating to this contract,
or the breach thereof, shall be settled by arbitration administered
by the American Arbitration Association in accordance with its
Commercial [or other] Arbitration Rules [including the Optional Rules
for Emergency Measures of Protection], and judgment on the award
rendered by the arbitrator(s) may be entered in any court having
jurisdiction thereof. ■
See the Arbitration section for best practice in drafting arbitration clauses.
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Reference
Arbitration Center of the Iran Chamber
The Arbitration Center of the Iran Chamber (ACIC) was established in
2001 as an affiliate of the Iran Chamber of Commerce, Industries and
Mines but with its own independent legal identity. ACIC is the first Iranian
independent arbitral institution established for the purpose of settlement
of both domestic and international disputes through arbitration or
conciliation.
Supervision of arbitrators and scrutiny of awards
ACIC comprises a seven-member board of management, the secretary
general who is appointed by the board from among eminent Iranian
lawyers, and a panel of arbitrators. The arbitrators are lawyers,
businessmen and other reputable individuals with knowledge of
domestic and foreign commercial rules and procedures. In the case of a
sole arbitrator, an arbitrator nominated by ACIC will hear the case, subject
to justifiable objections by the parties. Wherever such objections are
successfully made the ACIC will nominate a new arbitrator. In the case of
three member tribunals, the parties each nominate an arbitrator and the
parties or the nominated arbitrators (or failing agreement the ACIC) then
choose a presiding arbitrator.
Procedure
The arbitral proceedings in international arbitration referred to ACIC are
governed by the Law on International Commercial Arbitration (LICA)
enacted in Iran in 1997, and on the basis of the UNCITRAL model law. In
cases of domestic arbitration the Civil Procedure Act 2000 applies. An
agreement to submit a dispute to ACIC entails an undertaking to submit
proceedings to the arbitral rules of ACIC.
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ACIC
The parties may refer disputes to ACIC through a separate arbitration
agreement, an arbitration clause in the underlying contract, or – once a
dispute has arisen – by submission by the claimant and acceptance by
the respondent.
Costs
Arbitration costs consist of the administrative expenses of ACIC and the
Tribunal’s fee and are determined by the Secretary General of ACIC. An
advance on costs is also determined by the Secretary General of ACIC and
these must be paid by the Claimant within 15 days of the Secretary
General's notification (such sums standing to the account of the Claimant
in the final costs of the arbitration). The costs are calculated in
accordance with schedules appended to the ACIC regulations on costs
and are based on a percentage of the amount claimed. The arbitral
tribunal can award all or a portion of the costs to be paid by either or
both parties. The final costs of each of the parties must be paid prior to
the issuance of the final award (though one party can elect to cover all
the costs to avoid a delay in the issue of the award).
Appeal
There is no right to appeal an arbitral award issued by ACIC. However,
under certain conditions stipulated by law, which differ for domestic and
international arbitration, the arbitral award can be set aside by the court.
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ACIC model clause
All disputes and claims arising from or relating to the present
contract including its conclusion, validity, termination or breach, and
its interpretation or application shall be submitted to the Arbitration
Center of the Iran Chamber (ACIC) for binding and final arbitration by
[one/three] arbitrators in accordance with the Law of Statute of the
Arbitration Center of the Iran Chamber and Arbitration Rules of ACIC.
In addition to the applicable laws and regulations, the arbitrator(s)
shall take into account the relevant trade usages. The present
arbitration clause shall be treated as an agreement independent of
this contract and shall in any case be binding. ■
See the Arbitration section for best practice in drafting arbitration clauses.
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BCDR
Bahrain Chamber of Dispute Resolution
The Bahrain Chamber of Dispute Resolution (BCDR) was launched in January
2010 as an initiative between the Bahrain Ministry of Justice and American
Arbitration Association (AAA). It is known formally as the BCDR-AAA.
BCDR jurisdiction
Disputes will be heard by the BCDR in the following two circumstances:
• The BCDR will have automatic and mandatory jurisdiction over any
claim exceeding BD500,000 (US$1.3m) which involves an international
party or a party licensed by the Central Bank of Bahrain (Article 9 of the
Legislative Decree No. (30) for the year 2009 (the Decree)); or
• If the parties have agreed in writing to settle the dispute in the BCDR
(Article 19 of the Decree).
Rules and procedure
The BCDR Arbitration Rules very closely follow those of the International
Centre for Dispute Resolution (ICDR), and provide that the arbitral tribunal
shall conduct the arbitration in whatever manner its considers appropriate.
The ICDR is the international division of the AAA. Arbitrations before the
BCDR must take place in accordance with the BCDR Arbitration Rules
where the parties agree or where the parties have provided for arbitration
of a dispute by the BCDR and no particular rules have been designated,
subject to any modifications that the parties may agree in writing.
Fees
The BCDR Arbitration Rules provide that an Initial Filing Fee is payable by
a filing party when a claim, counterclaim or additional claim is filed. A
Case Service Fee will be incurred for all cases that proceed to their first
hearing. The fee schedule is as follows:
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Amount of Claim (US$)
Initial Filing Fee (US$)
Case Service Fee (US$)
Above 0 to 10,000
775
200
Above 10,000 to 75,000
975
300
Above 75,000 to 150,000
1,850
750
Above 150,000 to 300,000
2,800
1,250
Above 300,000 to 500,000
4,350
1,750
6,200
2,500
8,200
3,250
10,200
4,000
Above 500,000 to
1,000,000
Above 1,000,000 to
5,000,000
Above 5,000,000 to
10,000,000
Base fee of 12,800 plus
Above 10,000,000
6,000
.01% of the amount of the
claim above 10,000,000
Non-monetary claims
3,350
1,250
Filing fees capped at 65,000
The BCDR offers a refund schedule on a sliding scale for filing fees in
relation to cases which are settled or withdrawn within 60 days of filing
(provided no arbitrator has been appointed).
See the Arbitration section for best practice in drafting arbitration clauses.
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CIETAC
China International Economic and
Trade Arbitration Commission
China International Economic and Trade Arbitration Commission
(CIETAC) was set up in 1956. It administers foreign-related and domestic
arbitrations. CIETAC is also known as the Arbitration Court of the China
Chamber Of International Commerce (CCOIC).
Supervision of arbitrators and scrutiny of awards
China’s Arbitration Law prescribes strict ethical standards for arbitrators.
Previously, arbitrators had to be appointed from CIETAC’s own panel
of arbitrators, comprising Chinese and foreign arbitrators. The current
CIETAC rules (2005) allow arbitrators to be selected from outside the
panel, although their appointment must first be approved by CIETAC’s
chairman. They also add to the obligation on arbitrators to disclose
conflicts of interest. Appointments may be challenged by application
to CIETAC’s chairman within certain time limits.
Arbitrators have to submit their awards to CIETAC in draft. CIETAC may
remind arbitrators of issues not addressed in the draft award – as long
as the tribunal’s independence is not affected.
Procedure
The current rules allow parties to make other rules – such as UNCITRAL
– applicable to CIETAC arbitration. Unless the parties agree otherwise,
the tribunal need not follow Chinese court procedure and may adopt an
adversarial or inquisitorial approach, issuing directions and examining
witnesses as it wishes. It may also stipulate deadlines for submitting
evidence and extend time for service of submissions. In foreign-related
cases, the time by which an arbitration should be completed has been
reduced to six months from the establishment of the tribunal.
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There is a summary procedure for cases involving less than RMB 500,000.
The current rules take aspects of domestic arbitration and modify them
slightly.
CIETAC has formulated rules for the resolution of disputes concerning
financial transactions (as widely defined therein) called the Financial
Disputes Arbitration Rules. Parties may agree to apply them; otherwise,
the arbitration rules will apply.
See the Arbitration section for more information on UNCITRAL.
Costs
Fees must be paid upon application for arbitration. Fees are calculated
in accordance with rate schedules appended to the rules as a percentage
of the amount claimed; they include the tribunal’s fees. Remuneration
for arbitrators is quite modest, and for this reason a party’s arbitrator
of choice may declare themselves unavailable.
The tribunal can award a portion of the expenses incurred by the winning
party; that portion, according to the new rules, is based on the award, the
degree of complexity of the case, the workload of the winning party and
their lawyers and the amount in dispute. The winning party’s costs used
to be limited to 10 per cent of the award of damages, but this limit has
been removed under the current rules. The arbitration fee collected by
CIETAC is recoverable by the winning party as a separate head of claim.
Appeal
The current rules stipulate that the award is final and binding and that
neither party may apply to any court or other body to revise the award.
There is no right of appeal, but under China’s Arbitration Law application
may be made to the court to have the award set aside.
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CIETAC
CIETAC model clause
Any dispute arising from or in connection with this Contract shall
be submitted to China International Economic and Trade Arbitration
Commission for arbitration which shall be conducted in accordance
with the Commission’s arbitration rules in effect at the time of
applying for arbitration. The arbitral award is final and binding
upon both parties. ■
See the Arbitration section for best practice in drafting arbitration clauses.
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Common Court of Justice and Arbitration
The OHADA Treaty of 1993 provided for the creation of four institutions
to carry out the Treaty’s objectives. The Common Court of Justice and
Arbitration (CCJA) is one of those institutions. The CCJA is both an
arbitration institution and a judicial court, with a remit covering all the
OHADA states. It is located in Abidjan in Côte d’Ivoire and comprises
seven eligible judges.
Judicial function
The CCJA is the supra-national court of the OHADA states. It ensures the
common interpretation and application of the OHADA Treaty and the
Uniform Acts that harmonize African commercial law (including the
Uniform Act on Arbitration).
The CCJA also plays a role in arbitrations governed by the CCJA Arbitration
Rules (the CCJA Rules). It rules on appeals filed against arbitral awards
and on measures initiated to enforce arbitral awards.
Arbitral capacity
The CCJA is an arbitration institution which supervises the administration
of arbitration proceedings. It is assisted by a General Secretariat. The CCJA
Rules were adopted on 11 March 1999. The CCJA does not act as
an arbitral tribunal and does not settle disputes itself. As the CCJA’s
decisions are administrative (in its arbitral capacity), it is not required
to provide reasons for its decisions and they cannot be challenged by the
parties.
Only contractual disputes with a sufficient link with one or various OHADA
states can be referred to the CCJA. A claim is deemed to have a sufficient
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CCJA
link if one of the parties is domiciled (or has its usual place of residence)
in one of the member states or if the contract has been (or is to be)
performed – in whole or in part – on the territory of one or more member
states.
Supervision of arbitrators and scrutiny of awards
As an administrative body, the CCJA plays an important role in the
appointment of arbitrators. The OHADA Treaty and the CCJA Rules provide
for the use of either a sole arbitrator or a tribunal of three arbitrators.
Where the parties have agreed that the arbitration will have three
arbitrators, it is usual for the parties to agree to each choose one
arbitrator and then have the two arbitrators choose who will chair the
tribunal.
Should the parties fail to agree on the appointment procedure, the CCJA
appoints the arbitrators. Where the parties have not specified the number
of arbitrators in the arbitration agreement, the CCJA appoints a sole
arbitrator (unless the circumstances of the case suggest that a threearbitrator tribunal is more appropriate).
The CCJA has a list of arbitrators who are expert in the field of
international arbitration; this list is updated once a year. The parties are
not required to select their arbitrator from that list.
The CCJA Rules give the CCJA the right to review partial and final arbitral
awards and awards on jurisdiction in draft form. Although it can only
propose modifications as to the form of the award and not its merits,
the scrutiny procedure exerts an important influence on arbitrators when
drafting awards, as they know the CCJA will review their awards.
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Procedure
The CCJA Rules set out the procedure of CCJA arbitrations. Matters not
covered by the CCJA Rules are governed by the applicable procedural
rules selected by the parties or, failing agreement on what those rules
may be, by the arbitral tribunal.
As in ICC arbitrations, at the beginning of a CCJA arbitration the CCJA
facilitates a meeting between the parties to agree terms of reference for
the arbitration. As soon as the CCJA receives the file from the parties (and
within a maximum time limit of 60 days from receipt), the arbitral tribunal
invites the parties (or their representatives) and their counsels to a
meeting to determine the terms of reference. Besides establishing a
provisional timetable for the proceedings, this meeting determines the
nature and basic grounds of the parties’ claims, the existence of an
arbitration agreement between the parties, the seat and language of the
arbitration, and the applicable procedural and substantive laws. The
parties also decide whether the tribunal can rule as amiable compositeur
(in other words, decide the dispute according to principles of what is fair
and just). The arbitrator then has the right to ignore a legal rule if it would
otherwise lead to an unjust result. This meeting is the last chance for
either party to challenge the tribunal’s jurisdiction.
Afterwards, minutes are drawn up and signed by both the arbitrator(s)
and the parties. These minutes will be the agreed terms of reference
which will govern the whole arbitral proceedings until the rendering of
the award.
Costs
A request for arbitration must be accompanied by a deposit of FCFA
200,000 (CCJA decision 004/99/CCJA February 1999, approved by OHADA
Council of Ministers March 1999). This is an advance payment of the
administrative fees that the claimant(s) will have to bear later on and is
not refundable.
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CCJA
Once the initial written briefs have been exchanged, the CCJA determines
the amount of the advance to be paid by the parties to cover the
anticipated costs of arbitration. The arbitrators’ fees and the CCJA’s
administrative costs are determined on the basis of the amounts in
dispute, in accordance with a scale drawn up by the CCJA. This advance is
owed half by the claimant(s) and half by the respondent(s). Where one
party fails to pay its share of the advance costs, the other party may pay
the total amount. The payments are made to the General Secretariat
before the case is filed with the arbitral tribunal.
Appeal
All CCJA arbitration awards are deemed final and binding, with res
judicata effect throughout the OHADA member states.
An arbitral award can be challenged, however, on the following – limited
– grounds (article 29 of the CCJA Rules) (unless the parties have waived
this right in the arbitration agreement or terms of reference):
• there is no arbitration agreement
• the arbitration agreement is void
• the arbitration agreement has expired
• no respect is shown for the agreed terms of reference
• no respect is shown for due process
• the award conflicts with international public policy.
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Any application to challenge an award on these grounds has to be filed
with the CCJA in its judicial capacity. Where the award is set aside, the
CCJA is able, at the parties’ request, to rule upon the merits of the case.
The dispute is then governed by the CCJA Procedural Rules (the rules that
the CCJA applies in its judicial capacity).
Where an award has been set aside, a party may apply to the CCJA to
revise the award or to issue a ruling on the merits of the case. An
application for revision is only admissible if a fact is discovered which
might have had a significant influence on the decision being challenged
and which was unknown to the tribunal, to the CCJA and to the party
seeking revision when the award or judgment was rendered. After
discovering such a fact, a party has three months to apply to the CCJA for
revision. A request becomes inadmissible from the date ten years after
the rendering of the award.
A third party can appeal awards and decisions made by the CCJA on the
merits (following the setting aside of the award) where the third party
who has not been a part of the proceedings considers that the award or
the decision is prejudicial to its rights. There is no time limit on a third
party’s right to appeal.
See the Arbitration section for best practice in drafting arbitration clauses.
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DIAC
Dubai International Arbitration Centre
The Dubai International Arbitration Centre (DIAC) was set up in 1994 to
supply facilities for commercial arbitration, promote the settlement of
disputes by arbitration, and develop a pool of international arbitrators.
The DIAC is an autonomous, permanent, non-profit institution, and is
financially and administratively autonomous. It aims to be the major
arbitral institution in the Middle East, though it is likely to face stiff
competition both in Dubai (from the DIFC-LCIA) and regionally.
The number of cases heard by the DIAC has increased significantly in
recent years, to the point where it presently hears more cases than any
other regional institution. Most cases at present are related to
construction, but both caseload and variety are expected to rise following
the UAE’s accession to the New York Convention and the proposed
adoption in 2007 of the UNCITRAL model law.
Supervision of arbitrators and scrutiny of awards
The Board of Trustees – which comprises 21 members with expertise in
the field of arbitration, including legal consultants, lawyers, academics
and other specialised professionals, both from inside the Emirate and
abroad – set down the DIAC Arbitration Rules, which were then issued by
decree of the Ruler of Dubai. The DIAC has recently revised its rules: these
are based on the UNCITRAL arbitration rules and include elements taken
from the LCIA, ICC, WIPO and Stockholm arbitration rules.
Procedures for alternative mechanisms for dispute resolution are
regulated under by-laws issued by the Board of Trustees.
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Procedure
The parties to a contract may agree in the contract that the DIAC rules will
apply to their disputes, or they may elect for the DIAC rules to apply once
a dispute has arisen.
Under the DIAC rules the parties are free to choose the law applicable
to the dispute. If they do not do this, the tribunal applies the law(s) it
considers most appropriate. The proceedings are conducted in the
language of the agreement, unless the parties specify otherwise. The
DIAC rules also allow the parties to appoint an arbitrator of their choice.
The appointment of arbitrators is then formalised by the DIAC, who must
determine their suitability to act.
The tribunal can combine both an adversarial and an inquisitorial role,
with the arbitrators reserving the right, after consultation with the parties,
to call in their own experts to deal with technical matters. The parties may
request a hearing for the presentation of oral witness evidence. If they do
not request this, the tribunal can decide whether to hold such hearings or
to conduct proceedings on the basis of written documentation alone.
The DIAC rules place a strict time frame on arbitral proceedings: generally,
an award has to be made within six months of the arbitrators receiving
instruction to decide the case, although this period can be extended by
the tribunal or further extended on request to the Executive Committee.
A party may apply to the DIAC to request expedited formation of the
tribunal.
The tribunal is empowered to order interim measures on the application
of one of the parties.
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DIAC
Costs
There is a one-off, non-refundable, fixed registration fee for arbitration
cases referred to the DIAC. Administration fees and the remuneration of
the arbitrators are determined as a percentage of the amount of the
dispute, with a maximum and a minimum limit according to the
circumstances and complexity of the case, according to a scale
established by the committee of the DIAC.
Appeal
The parties may refer the award back for review by the arbitrators if there
is an issue or concern that there has been an oversight. This does not
invalidate the award. Insofar as permitted by the law of the proceedings
the parties waive all rights of appeal against awards rendered by the
DIAC.
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DIAC model clause
Any dispute arising out of the formation, performance,
interpretation, nullification, termination or invalidation of this
contract or arising therefrom or related thereto in any manner
whatsoever, shall be settled by arbitration in accordance with the
provisions set forth under the DIAC Arbitration Rules (the Rules), by
one or more arbitrators appointed in compliance with the Rules.
The DIAC also advises parties to include in their contractual
agreements details of the number of arbitrators (or the authority of
the DIAC to determine the number), the place of arbitration (Dubai),
the venue for proceedings(DIAC), and the language of proceedings. ■
See the Arbitration section for best practice in drafting arbitration clauses.
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DIFC-LCIA
The DIFC-LCIA Arbitration Centre
The Dubai International Financial Centre (DIFC) was conceived as a
regional capital market by the Government of Dubai with its own onshore
jurisdiction and common law-based civil and commercial laws. Following
its opening in September 2004, the DIFC established the DIFC courts in
December 2004 as an independent judicial system to deal with matters
arising from the DIFC. On 17 February the DIFC established a joint venture
arbitration institution with the London Court of International Arbitration –
the DIFC-LCIA Arbitration Centre. Following the recent changes to the
DIFC’s arbitration legislation, the DIFC-LCIA Arbitration Centre offers
dispute resolution services to parties internationally, rather than solely
within the DIFC.
Supervision of arbitrators and scrutiny of awards
The DIFC-LCIA Arbitration Centre will allow parties access to the LCIA’s
extensive database of arbitrators. Arbitrators may be nominated by the
parties for appointment by the LCIA Court. The DIFC-LCIA Registrar is
responsible for the day-to-day conduct of the arbitration and assists with
procedure. A sole arbitrator will be appointed unless specified otherwise
by the parties, or the DIFC-LCIA Registrar determines that a three-member
tribunal is appropriate in the circumstances.
The LCIA Court is not responsible for scrutiny of the award.
Procedure
Parties are free to agree on the procedure to be followed by the tribunal.
Where the parties have not agreed on the procedure to be followed, then
the tribunal has discretion to discharge its duties in order to conduct the
arbitration in a fair, efficient and expeditious manner.
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Arbitration proceedings commence when the DIFC-LCIA Registrar receives
a request for the dispute to be referred to arbitration. The DIFC-LCIA
Arbitration Rules then set out detailed provisions that govern the
response, submission of written statements and documents, experts
(appointed by the tribunal), the type of hearing (oral or written) and the
powers to order interim measures.
Proceedings may continue even where the respondent fails to file a
statement of defence or if either party fails to attend at a hearing or to
produce evidence.
The DIFC-LCIA Arbitration Rules provide an expedited procedure for the
formation of the arbitral tribunal in matters of exceptional urgency.
Appeal
Arbitral awards under the DIFC-LCIA Arbitration Rules are final and
binding, and the parties irrevocably waive any right to appeal.
Requests for interpretation or the correction of errors in an award of a
typographical, computational or clerical nature can be made to the DIFCLCIA Registrar within a period of 30 days from receipt of the award.
Costs
The DIFC-LCIA Arbitration Centre charges a registration fee of AED 9750.
The tribunal’s fees will depend on the circumstances of the case,
including its complexity and any special qualifications of the arbitrators,
but will ordinarily fall within a range of AED 1085 to AED 2525 per hour.
The DIFC-LCIA Rules of Arbitration also set out the fees applicable where
the LCIA Court is requested to act as appointing authority or to determine
a challenge to the arbitrators.
24 Reference Arbitrating across the regions Norton Rose Group
DIFC-LCIA
DIFC-LCIA model clause
Any dispute arising out of or in connection with this contract,
including any question regarding its existence, validity or
termination, shall be referred to and finally resolved by arbitration
under the Arbitration Rules of the DIFC-LCIA Arbitration Centre, which
Rules are deemed to be incorporated by reference into this clause.
The number of arbitrators shall be [one/three]. The seat, or legal
place, of arbitration shall be [city and/or country]. The language to
be used in the arbitration shall be [language]. The governing law of
the contract shall be the substantive law of [governing law]. ■
See the Arbitration section for best practice in drafting arbitration clauses.
Norton Rose Group Arbitrating across the regions Reference 25
Reference
Gulf Cooperation Council Commercial
Arbitration Centre
The Gulf Cooperation Council (GCC) Commercial Arbitration Centre (GCAC)
was jointly established by chambers of commerce of each of the GCC
countries in 1993, and became fully operational in 1995. The aim of the
GCAC is to establish strong relationships with other Arab and
international arbitration centres.
The GCAC intends to set up a fast-track section which will seek to settle
minor commercial disputes within 30 days. The fast-track section will be
divided into two sections: one unit to deal with marine arbitration; and
another to deal with Islamic banking disputes.
Supervision of arbitrators and scrutiny of awards
The panel of arbitrators have all been nominated by every chamber of
commerce from each of the GCC states. Parties have the flexibility to
choose the arbitrators for their tribunal; only in instances where no
agreement is made by the parties, or where the appointment of an
arbitrator is challenged, will the secretary general of the GCAC appoint the
necessary arbitrator(s), or consider replacing an arbitrator.
There is no scrutiny of awards issued by the GCAC.
Procedure
The parties can decide the law which will be applied to the dispute;
where a choice is not made, then the arbitrators decide which law has
most relevance to the dispute. Where a dispute is referred to the GCAC,
26 Reference Arbitrating across the regions Norton Rose Group
GCAC
the procedure is governed by the GCAC’s rules, unless the parties have
agreed otherwise. The GCAC’s rules allow the arbitrators to conduct the
arbitration in the matter best suited to the proceedings, save where
certain matters have been agreed between the parties. The rules also set
out prescribed periods within which the parties’ submissions must be
made. Tribunals are required to ensure that each party has the full
opportunity to present their case.
Costs
The GCAC charges a non-refundable fee of (currently) 50 Bahraini dinars
for every referral to arbitration. Administrative charges and arbitrators’
remuneration are calculated based on a percentage of the amount in
dispute, up to a maximum of two per cent.
The secretary general of the GCAC prepares an initial estimate of costs at
the outset of proceedings, and the parties to the dispute are required to
deposit an equal amount as an advance on account of costs. Once the
award is made, the secretary general submits a final statement of costs
for settlement by the parties.
Appeal
Awards passed by the arbitral tribunal are final and binding upon the
parties after the issue of an order for enforcement by the competent
judicial authority in the relevant GCC member state. There are no grounds
of appeal, although an award may be nullified if the arbitration
agreement on which it is based is void or if the award has been passed by
arbitrators who are not authorised to hear the dispute or who have not
been correctly appointed.
Norton Rose Group Arbitrating across the regions Reference 27
Reference
GCAC model clause
All disputes arising from or related to this contract shall be finally
settled in accordance with the Charter of the Commercial Arbitration
Centre for the States of the Cooperation Council for the Arab States
of the Gulf. ■
See the Arbitration section for best practice in drafting arbitration clauses.
28 Reference Arbitrating across the regions Norton Rose Group
HKIAC
Hong Kong International Arbitration Centre
The Hong Kong International Arbitration Centre (HKIAC) was established in
1985 to assist parties to resolve disputes through arbitration. It provides
facilities for the staging of arbitrations which are open to all parties,
irrespective of the rules under which they have chosen to arbitrate. It has
a panel of some 300 international and local arbitrators and is a popular
venue for international arbitration in Asia.
Supervision of arbitrators and scrutiny of awards
Under the Arbitration Ordinance (chapter 341), the HKIAC has power to
appoint the arbitrators. Where an arbitrator has committed misconduct,
either themselves or within the proceedings, the court may remove them.
Where an arbitration award has been improperly procured, the court may
set it aside.
Procedure
There are no fixed procedural rules for the conduct of arbitration
proceedings. The HKIAC, however, recommends that parties choose the
HKIAC domestic arbitration rules for domestic arbitration, and the HKIAC
Administered Arbitration Rules for administered international arbitration.
The UNCITRAL Rules are recommended for ad hoc international arbitration.
Marine arbitrations are usually conducted under the rules of either the
London Maritime Arbitrators Association (LMAA) or UNCITRAL. The HKIAC
has also introduced a maritime clause, which has adopted the maritime
arbitration clause of LMAA, to encourage and promote maritime
arbitration in Hong Kong.
See the Arbitration section for more information on UNCITRAL.
Norton Rose Group Arbitrating across the regions Reference 29
Reference
Cost
By international standards, the HKIAC’s charges for appointing arbitrators,
deciding on the number of arbitrators and providing administrative
services for arbitration proceedings are reasonable.
Arbitrators’ fees are agreed between the parties and the arbitrator and
are not subject to the HKIAC’s control.
Under the Arbitration Ordinance, the arbitrators have power to order
security for costs.
Appeal
In domestic arbitration, in the absence of an agreement which excludes
the right of appeal, a party may appeal against an arbitral award with the
consent of all parties concerned or with the leave of the court.
In international arbitration, recourse to a court against an arbitration
award may be made only by an application for setting aside on the
grounds set out in the model law. However, if the parties agree in writing
that the international arbitration is to be arbitrated as a domestic arbitration
– and the parties have not entered into an agreement excluding the right
of appeal, a party may appeal against an arbitration award with the
consent of all parties concerned or with leave of the court.
Under the new Arbitration Bill, the provision in the existing Arbitration
Ordinance relating to appeal to the Court of First Instance against
arbitration awards on a question of law is retained as an opt-in provision
in the Bill for domestic arbitrations (or if the parties expressly agree).
30 Reference Arbitrating across the regions Norton Rose Group
HKIAC
HKIAC model clause
Domestic arbitration
Any dispute or difference arising out of or in connection with this
contract shall be referred to and determined by arbitration at Hong
Kong International Arbitration Centre and in accordance with its
Domestic Arbitration Rules.
International arbitration
Any dispute, controversy or claim arising out of or relating to this
contract, or the breach, termination or invalidity thereof, shall be
settled by arbitration in Hong Kong under the Hong Kong International
Arbitration Centre Administered Arbitration Rules in force when the
Notice of Arbitration is submitted in accordance with these Rules.
* The number of arbitrators shall be
[one or three]
The arbitration proceedings shall be conducted in
language]
[insert
*Optional ■
See the Arbitration section for best practice in drafting arbitration clauses.
Norton Rose Group Arbitrating across the regions Reference 31
Reference
International Centre for the Settlement
of Investment Disputes
The International Centre for the Settlement of Investment Disputes (ICSID)
is an autonomous institution but has close ties with the World Bank.
It facilitates the conciliation and arbitration of investment disputes
between contracting States (or State-owned bodies) and investors who
are nationals of other contracting States.
There are about 20 investment laws and over 900 bilateral investment
treaties (BITs) that contain advance undertakings by governments to
submit investment disputes to ICSID arbitration. ICSID dispute resolution
is also provided for under four recent multilateral trade and investment
treaties (MITs): the North American Free Trade Agreement; the Energy
Charter Treaty; the Cartagena Free Trade Agreement; and the Colonia
Investment Protocol of Mercosur.
See the Arbitration section for more information on investment treaties.
Jurisdiction
Even where parties have agreed to refer a dispute to ICSID, certain criteria
must still be fulfilled to establish ICSID jurisdiction; this can be difficult
to do.
See also pages 39 to 42.
Enforcement
The power of ICSID’s enforcement capabilities and the strength of its
enforcement record taken together offer significant protection for investors
and are an important consideration during project risk analysis. The
Washington (ICSID) Convention has been ratified by over 140 countries.
32 Reference Arbitrating across the regions Norton Rose Group
ICSID
There is a general perception that ICSID’s affiliation with the World Bank
places increased pressure on ICSID award debtors to comply with awards
voluntarily.
Appeal
There is no appeal on a point of law. However, an administrative “appeal”
(ICSID refers to it as an application) may be made to the ICSID SecretaryGeneral for an interpretation, revision or annulment on defined and
limited grounds. The effect of an annulment is that either party may
request the re-submission of the dispute to a new tribunal. It is possible
to seek and obtain a partial annulment; if this happens, the new tribunal
can only consider issues from the annulled portion of the award.
Awards cannot be challenged outside of ICSID and are therefore not
subject to any appeal or to any other remedy except those provided for
in the Convention itself.
See pages 39 to 50 for a summary of the Washington (ICSID) Convention
and a list of contracting States.
Norton Rose Group Arbitrating across the regions Reference 33
Reference
ICSID model clause
The [Government]/[name of constituent subdivision or agency] of
[name of Contracting State] (hereinafter the “Host State”) and [name]
of investor (hereinafter the “Investor”) hereby consent to submit to the
International Centre for Settlement of Investment Disputes (hereinafter
the “Centre”) any dispute arising out of or relating to this agreement
for settlement by [conciliation]/[arbitration]/ [conciliation followed,
if the dispute remains unresolved within [time limit] of the
communication of the report of the Conciliation Commission to the
parties, by arbitration] pursuant to the Convention on the Settlement
of Investment Disputes between States and Nationals of Other States
(hereinafter the “Convention”). ■
See the Arbitration section for best practice in drafting arbitration clauses.
34 Reference Arbitrating across the regions Norton Rose Group
ICC
International Chamber of Commerce
The International Chamber of Commerce (ICC) Court of International
Arbitration is based in Paris and forms part of the International Chamber
of Commerce, an influential international business organisation. The ICC
is one of the leading arbitration institutions in the world and its rules
(redrafted in 1998) are well established. It attracts and is most suited
to high value disputes involving more than one jurisdiction.
Supervision of arbitrators and scrutiny of awards
The ICC, in common with the other major international institutions, has
a well resourced secretariat to provide guidance on the conduct of the
arbitration. What makes the ICC unique is the supervision of awards by
its court. The court scrutinises all awards and, where revisions are thought
necessary, returns awards to the tribunal for further consideration.
Although this adds to the time taken to publish an award, it gives the
parties additional security (especially when the right of appeal is limited).
This process means that the quality of ICC awards is recognised; this can
assist enforcement.
Procedure
The ICC is unique in requiring parties to agree terms of reference at the
outset of the arbitration. This is a detailed document agreed by both
parties and the tribunal, setting out the nature of the dispute and
specifying the questions to be determined by the tribunal. This can focus
parties’ minds on precisely what the issues are, thereby narrowing the
issues and potentially saving costs. It can also reduce the scope for
challenge of an award on enforcement. That said, producing such a
document can be costly and can lead to front-loading of costs.
The ICC has now produced guidelines for arbitrating small claims.
Norton Rose Group Arbitrating across the regions Reference 35
Reference
These guidelines are useful in any context where the parties wish to
expedite the procedure to save time and costs.
Costs
A large proportion of the tribunal and administrative costs are payable
before the reference (the legal process) can proceed. The fees are fixed,
based upon the amount in dispute according to a published scale. This
contrasts with other institutions, which charge on the basis of an hourly
rate and do not require significant payments before the arbitration can
proceed.
Costs are to be shared between the parties but the arbitration cannot
proceed until the fees have been paid, so, if the respondent fails to pay,
the claimant must pay the full fee before the arbitration can proceed.
Appeal
Arbitration awards under the ICC rules are final and binding. Under the
ICC rules, the parties irrevocably waive any right to appeal, insofar as
such a waiver may be made (some governing laws prohibit a complete
waiver of a party’s right to appeal). The clause should perhaps be amended
to allow appeals on points of procedure; otherwise, there is no way to
deal with an abuse of process.
ICC model clause
All disputes arising out of or in connection with the present contract
shall be finally settled under the Rules of Arbitration of the
International Chamber of Commerce by one or more arbitrators
appointed in accordance with the said Rules. ■
See the Arbitration section for best practice in drafting arbitration clauses.
36 Reference Arbitrating across the regions Norton Rose Group
LCIA
London Court of International Arbitration
The London Court of International Arbitration (LCIA) is a key international
arbitration body administering arbitrations involving parties from many
different jurisdictions.
Supervision of arbitrators and scrutiny of awards
The Secretariat deals with the day-to-day conduct of the arbitration and
provides assistance with procedure. The LCIA Court is not responsible for
the scrutiny of arbitration awards.
Procedure
The LCIA has an expedited procedure for the formation of the arbitral
tribunal and the ability to curtail certain time limits where there are
grounds for exceptional urgency, such as the need for interim measures.
Costs
The costs of an LCIA arbitration (based on a registration fee currently set
at £1500 and a fee for time spent by the registrar) are payable in addition
to the costs of the arbitral tribunal. The fees for LCIA arbitrators are
calculated on the basis of an hourly rate which is agreed before the
tribunal’s appointment by the LCIA Court.
Appeal
Arbitration awards under the LCIA rules are final and binding. The parties
irrevocably waive any right to appeal. The clause should perhaps be
amended to allow appeals on points of procedure; otherwise, there is
no way to deal with an abuse of process.
Norton Rose Group Arbitrating across the regions Reference 37
Reference
LCIA model clause
Any dispute arising out of or in connection with this contract,
including any question regarding its existence, validity or termination,
shall be referred to and finally resolved by arbitration under the LCIA
Rules, which Rules are deemed to be incorporated by reference into
this clause. T
The number of arbitrators shall be
[1/3]
The seat, or legal place, of arbitration shall be
[city and/or country]
The language to be used in the arbitral proceedings shall be
The governing law of the contract shall be the substantive law of
■
See the Arbitration section for best practice in drafting arbitration clauses.
38 Reference Arbitrating across the regions Norton Rose Group
QFC
Qatar Financial Centre
The Qatar Financial Centre (QFC) was established under new legislation in
the State of Qatar in March 2005 and formally opened on 1 May 2005. It
aims to attract international financial institutions and multinational
corporates to establish business operations in the QFC, which will
operate as an onshore jurisdiction integrated within the state as a whole.
The QFC has established its own Civil and Commercial Court, modelled on
the Commercial Court in London, and has enacted the QFC Arbitration
Regulations in order to provide for arbitrations and other forms of dispute
resolution.
Supervision of arbitrators and scrutiny of awards
The QFC courts have powers to appoint arbitrators in certain
circumstances, for example where the parties have not complied with
their agreed procedure for appointment, or, where no such procedure
is specified, have not complied with the procedure set out in the QFC
Arbitration Regulations. The QFC courts may decide on challenges to
the appointment of an arbitrator or the termination of an arbitrator’s
mandate where they have become unable to perform their functions.
A party to an arbitration may also request that the QFC courts decide,
following determination of the issue by the tribunal, whether the tribunal
has jurisdiction to hear the dispute.
Under the QFC Arbitration Regulations, the QFC courts can also assist
with the conduct of arbitration proceedings in certain circumstances,
for example by deciding whether to consolidate or join arbitration
proceedings or assist in taking evidence.
Norton Rose Group Arbitrating across the regions Reference 39
Reference
There are limited grounds on which the QFC courts can refuse to
recognise or enforce an award, and the only recourse to the QFC
courts against an award made in accordance with the QFC Arbitration
Regulations lies in an application to have the award set aside.
Similarly, such application may only be granted in limited circumstances.
Procedure
Subject to certain mandatory provisions of the QFC Arbitration
Regulations, the parties are free to determine the procedure to be
followed by the tribunal in conducting the proceedings. Where the
parties have not specified the rules to apply, the tribunal may conduct
the proceedings in such manner as it considers appropriate.
Arbitration proceedings commence when the respondent receives a
request for the dispute to be referred to arbitration. The QFC Arbitration
Regulations set out detailed provisions that govern the procedure for
filing statements of claim and defence, whether evidence will be given
orally or in writing, the situations in which experts may be appointed
by the tribunal, and the powers to order interim measures.
Proceedings can continue notwithstanding a challenge to the
appointment of an arbitrator; the failure of the respondent to file
a statement of defence; or the failure of either party to attend at
a hearing or to produce evidence.
Appeal
Awards cannot be appealed but may be set aside within a strict time
frame where issues of procedural irregularity, the jurisdiction of the
arbitration or public policy arise. The award will stand provided there
is a valid agreement to arbitrate between the parties, the tribunal is
properly composed, notices are correctly given and the arbitrators deal
40 Reference Arbitrating across the regions Norton Rose Group
QFC
with the correct scope of the arbitration, as long as the QFC is capable
of settling the dispute under QFC law and the award does not conflict
with public policy.
Requests for interpretation or the correction of errors in an award of a
computational, clerical or typographical nature can be made within a
period of 30 days from receipt of the award (unless the parties have
agreed a different time period). Any interpretation issued by the tribunal
forms part of the original award.
Costs
Under the QFC Arbitration Regulations, unless the parties have agreed
otherwise, the tribunal may fix the amount of costs to be paid and by
which party they should be paid.
QFC model clause
No model clause has been proposed yet by the QFC.
See the Arbitration section for best practice in drafting arbitration clauses.
Norton Rose Group Arbitrating across the regions Reference 41
Reference
Singapore International Arbitration Centre
The Singapore International Arbitration Centre (SIAC) is the leading
institution in Singapore for international arbitration. It is a popular choice
for regional arbitration.
The SIAC provides a range of services to support international arbitrations.
These services are available to parties even if the arbitrations are not
administered by the SIAC. The SIAC is available to act as the appointing
authority, to hold disputed funds or funds on deposit, to act as a
communications centre, and to provide physical facilities for the
arbitration. The SIAC is also available to administer arbitrations.
The SIAC has a semi-official status, and is the appointing authority for
international arbitrations under the Singapore domestic legislation of the
UNCITRAL model law.
Supervision of arbitrators and scrutiny of awards
The SIAC will hear challenges against arbitrators if the arbitration is
governed by the SIAC rules.
If the arbitration is governed by the SIAC rules, the SIAC will scrutinise
a draft of the award before it is released.
Procedure
The SIAC has a set of rules which may be adopted by the parties. These
rules were last modified extensively in 2007. The present SIAC rules are
modelled on the UNCITRAL and the ICC rules of arbitration.
The SIAC rules require the arbitrators to submit a draft award to the
Registrar of the SIAC for scrutiny within 45 days from the close of the
hearing – unless the parties agree otherwise.
42 Reference Arbitrating across the regions Norton Rose Group
SIAC
The SIAC rules require the claimant to file a statement of case within 30
days of the constitution of the tribunal, and for the respondent to do the
same within 30 days of service of the claimant’s statement of case. These
time limits may be altered by the tribunal.
Cost
The SIAC cost levels are reasonable by international standards.
Administrative costs are charged on a sliding scale according to the
amount in dispute. (Based on current rates, a claim of US$1 million
would attract an administrative cost of just under US$12,500.)
The arbitrator’s fees are agreed between the parties and the arbitrator.
The SIAC does not control the arbitrator’s fees.
Appeal
The SIAC has no role in any application to set aside an award. If the
arbitration was seated in Singapore, there is no right of appeal. As a
general rule, the judicial attitude in Singapore is to support arbitration
awards.
If an award is from an arbitration seated in Singapore, there is a right to
apply to the Singapore High Court to set aside the award. Grounds for
such an application are limited and are based on those laid out in the
UNCITRAL model law. They include the condition that the award was
subject to fraud or corruption; or that the parties were, as a consequence
of the making of the award, prejudiced by breach of the rules of natural
justice.
Norton Rose Group Arbitrating across the regions Reference 43
Reference
SIAC model clause
Any dispute arising out of or in connection with this contract, including
any question regarding its existence, validity or termination, shall
be referred to and finally resolved by arbitration in Singapore in
accordance with the Arbitration Rules of Singapore International
Arbitration Centre (SIAC Rules) for the time being in force which rules
are deemed to be incorporated by reference to this clause. ■
See the Arbitration section for best practice in drafting arbitration clauses.
44 Reference Arbitrating across the regions Norton Rose Group
SCC
Stockholm Chamber of Commerce
The Arbitration Institute of the Stockholm Chamber of Commerce
(the SCC Institute) is a separate entity within the Stockholm Chamber
of Commerce. Most of the arbitrations administered by the SCC Institute
adhere to the rules of the Arbitration Institute of the Stockholm Chamber
of Commerce (the SCC rules). The SCC Institute has also adopted rules
for expedited arbitration, insurance arbitration rules, procedures and
services under the UNCITRAL arbitration rules and mediation rules.
Arbitration under the SCC rules is one form of arbitration available to
investors seeking to bring a claim under the Energy Charter Treaty.
Procedure for expedited arbitration
The expedited rules have been designed as a fast and cost-effective way
of resolving minor disputes. There is a sole arbitrator, and the arbitration
proceedings are on a document-only basis (unless the parties agree
otherwise or the arbitrator deems it necessary to have oral hearings).
In addition to their statements of case, each party may submit one brief
written statement to the SCC Institute.
The award must be given within three months. A reasoned award (explaining
the decision) will only be given if one of the parties requests it.
Costs
When the claimant files a request for arbitration, they must provide a
registration fee (currently set at €1500). The SCC Institute will then set an
advance on costs; this includes the fee of the chairman of the tribunal (or
of the sole arbitrator) and the administrative fee of the SCC Institute. Both
fees are calculated based on the value of the amount in dispute. Tables
setting out the fees are appended to the SCC rules.
Norton Rose Group Arbitrating across the regions Reference 45
Reference
Appeal
Arbitration awards under both the SCC rules and the rules for expedited
arbitrations are final and binding. The clause should perhaps be amended
to allow appeals on points of procedure; otherwise, there is no way to
deal with an abuse of process.
SCC model clause
Any dispute, controversy or claim arising out of or in connection with
this contract, or the breach, termination or invalidity thereof, shall
be finally settled by arbitration in accordance with the Rules of the
Arbitration Institute of the Stockholm Chamber of Commerce.
The parties are advised to make the following additions to the
arbitration clause, as required:
The arbitral tribunal shall be composed of
(a sole arbitrator).
arbitrators
The place of arbitration shall be
The language to be used in the arbitral proceedings shall be
■
See the Arbitration section for best practice in drafting arbitration clauses.
46 Reference Arbitrating across the regions Norton Rose Group
TRAC
Tehran Regional Arbitration Centre
The Tehran Regional Arbitration Centre (TRAC) was established in 1997
under the auspices of the Asian–African Legal Consultative Organization
(AALCO). TRAC began its arbitral responsibilities in July 2005 following
publication of its Rules of Arbitration (the Rules). While TRAC is mainly
concerned with providing an organisational framework for arbitrations,
it also promotes international commercial arbitration in the region,
including providing assistance to existing arbitral institutions, ad hoc
arbitrations and the enforcement of arbitral awards.
Supervision of arbitrators and scrutiny of awards
Internal regulations govern the constitution of the Arbitration Board
established at TRAC, which seeks to ensure independence and
impartiality in the implementation of the Rules. The Director of TRAC
consults the Arbitration Board on the implementation of the Rules and on
the appointment and replacement of arbitrators. AALCO is also consulted
before TRAC appoints an arbitrator. Arbitrators are required to be lawyers
of good standing with experience in international arbitration; at least two
thirds of the arbitrators must be nationals of countries that are members
of AALCO.
The Rules provide for TRAC to provide whatever assistance to the tribunal
may be necessary. This includes carrying out a review of the form of draft
awards before they are issued and consulting on the assessment of costs.
TRAC may, if necessary and without affecting the tribunal’s freedom of
decision, suggest modifications as to the form of the award and may draw
the tribunal’s attention to points of substance.
Norton Rose Group Arbitrating across the regions Reference 47
Reference
Procedure
The arbitral tribunal may conduct the arbitration as they consider
appropriate, subject to the TRAC Rules. The tribunal is required to treat
the parties equally and to ensure that both parties have an equal
opportunity to present their case. The tribunal determines a timetable for
proceedings and the submission of documents, in consultation with the
parties, at an early stage. Where the claimant fails to comply with the
time periods set by the tribunal, the tribunal may order that proceedings
be closed. Failure by the defendant, on the other hand, to comply with
the tribunal’s timetable will not bring an end to proceedings. The Rules
also set out the tribunal’s power to order any interim measures they deem
necessary or appropriate.
Appeal
Once the award is finalised (with the assistance of TRAC) it is final and
binding on the parties. However, under certain conditions stipulated by
law, which differ for domestic and international arbitration, the arbitral
award can be set aside by the court. There are no grounds to appeal the
award, although the parties can request that the tribunal issues an
interpretation of its award, makes corrections of computational, clerical or
typographical errors, or issues an additional award (based on an
omission in the award on an issue raised in the arbitration).
Costs
The arbitral tribunal determines the costs of the arbitration, and which
party will pay the costs, or what proportion of the cost each party will pay.
Generally, the unsuccessful party is ordered to pay the costs or the larger
portion. The costs determined include a fixed registration fee (currently
48 Reference Arbitrating across the regions Norton Rose Group
TRAC
€500), the fees of the arbitrators and TRAC’s administrative costs, which
are based on a percentage of the amount in dispute. The Rules set out a
schedule of arbitrators’ fees and administrative costs, although these
may be lowered or increased in exceptional circumstances.
Administrative costs are calculated in accordance with a schedule based
on a percentage of the amount in dispute.
TRAC model clause
Any and all disputes arising out of, relating to or in connection with the
present contract shall be finally settled under the Rules of Arbitration of
Tehran Regional Arbitration Centre (TRAC).
See the Arbitration section for best practice in drafting arbitration clauses.
Norton Rose Group Arbitrating across the regions Reference 49
Reference
New York Convention
Convention text reproduced courtesy of UNCITRAL.
The 1958 Convention on the Recognition and Enforcement of Foreign
Arbitral Awards.
Article I
1 This Convention shall apply to the recognition and enforcement of
arbitral awards made in the territory of a State other than the State
where the recognition and enforcement of such awards are sought,
and arising out of differences between persons, whether physical
or legal. It shall also apply to arbitral awards not considered as
domestic awards in the State where their recognition and
enforcement are sought.
2 The term “arbitral awards” shall include not only awards made by
arbitrators appointed for each case but also those made by
permanent arbitral bodies to which the parties have submitted.
3 When signing, ratifying or acceding to this Convention, or notifying
extension under article X hereof, any State may on the basis of
reciprocity declare that it will apply the Convention to the
recognition and enforcement of awards made only in the territory of
another Contracting State. It may also declare that it will apply the
Convention only to differences arising out of legal relationships,
whether contractual or not, which are considered as commercial
under the national law of the State making such declaration.
50 Reference Arbitrating across the regions Norton Rose Group
New York Convention (full text)
Article II
1 Each Contracting State shall recognize an agreement in writing
under which the parties undertake to submit to arbitration all or
any differences which have arisen or which may arise between
them in respect of a defined legal relationship, whether
contractual or not, concerning a subject matter capable of
settlement by arbitration.
2 The term “agreement in writing” shall include an arbitral clause in
a contract or an arbitration agreement, signed by the parties or
contained in an exchange of letters or telegrams.
3 The court of a Contracting State, when seized of an action
in a matter in respect of which the parties have made an agreement
within the meaning of this article, shall, at the request of one of the
parties, refer the parties to arbitration, unless it finds that the said
agreement is null and void, inoperative or incapable of being
performed.
Article III
Each Contracting State shall recognize arbitral awards as binding and
enforce them in accordance with the rules of procedure of the territory
where the award is relied upon, under the conditions laid down in the
following articles. There shall not be imposed substantially more
onerous conditions or higher fees or charges on the recognition
or enforcement of arbitral awards to which this Convention applies
than are imposed on the recognition or enforcement of domestic
arbitral awards.
Norton Rose Group Arbitrating across the regions Reference 51
Reference
Article IV
1 To obtain the recognition and enforcement mentioned in the
preceding article, the party applying for recognition and
enforcement shall, at the time of the application, supply:
(a) The duly authenticated original award or a duly certified copy
thereof;
(b) The original agreement referred to in article II or a duly certified
copy thereof.
2 If the said award or agreement is not made in an official language
of the country in which the award is relied upon, the party applying
for recognition and enforcement of the award shall produce
a translation of these documents into such language.
The translation shall be certified by an official or sworn translator
or by a diplomatic or consular agent.
Article V
1 Recognition and enforcement of the award may be refused, at the
request of the party against whom it is invoked, only if that party
furnishes to the competent authority where the recognition and
enforcement is sought, proof that:
(a) The parties to the agreement referred to in article II were, under the
law applicable to them, under some incapacity, or the said
agreement is not valid under the law to which the parties have
subjected it or, failing any indication thereon, under the law of the
country where the award was made; or
52 Reference Arbitrating across the regions Norton Rose Group
New York Convention (full text)
(b) The party against whom the award is invoked was not given proper
notice of the appointment of the arbitrator or of the arbitration
proceedings or was otherwise unable to present his case; or
(c) The award deals with a difference not contemplated by or not
falling within the terms of the submission to arbitration, or it
contains decisions on matters beyond the scope of the submission
to arbitration, provided that, if the decisions on matters submitted
to arbitration can be separated from those not so submitted, that
part of the award which contains decisions on matters submitted to
arbitration may be recognized and enforced; or
(d) The composition of the arbitral authority or the arbitral procedure
was not in accordance with the agreement of the parties, or, failing
such agreement, was not in accordance with the law of the country
where the arbitration took place; or
(e) The award has not yet become binding on the parties, or has been
set aside or suspended by a competent authority of the country in
which, or under the law of which, that award was made.
2 Recognition and enforcement of an arbitral award may also be
refused if the competent authority in the country where recognition
and enforcement is sought finds that:
(a) The subject matter of the difference is not capable of settlement by
arbitration under the law of that country; or
(b) The recognition or enforcement of the award would be contrary to
the public policy of that country.
Norton Rose Group Arbitrating across the regions Reference 53
Reference
Article VI
If an application for the setting aside or suspension of the award has
been made to a competent authority referred to in article V (1) (e),
the authority before which the award is sought to be relied upon
may, if it considers it proper, adjourn the decision on the enforcement
of the award and may also, on the application of the party claiming
enforcement of the award, order the other party to give suitable
security.
Article VII
1 The provisions of the present Convention shall not affect the
validity of multilateral or bilateral agreements concerning the
recognition and enforcement of arbitral awards entered into by the
Contracting States nor deprive any interested party of any right he
may have to avail himself of an arbitral award in the manner and to
the extent allowed by the law or the treaties of the country where
such award is sought to be relied upon.
2 The Geneva Protocol on Arbitration Clauses of 1923 and the
Geneva Convention on the Execution of Foreign Arbitral Awards of
1927 shall cease to have effect between Contracting States on their
becoming bound and to the extent that they become bound, by this
Convention.
54 Reference Arbitrating across the regions Norton Rose Group
New York Convention (full text)
Article VIII
1 This Convention shall be open until 31 December 1958 for
signature on behalf of any Member of the United Nations and also
on behalf of any other State which is or hereafter becomes a
member of any specialized agency of the United Nations, or which
is or hereafter becomes a party to the Statute of the International
Court of Justice, or any other State to which an invitation has been
addressed by the General Assembly of the United Nations.
2 This Convention shall be ratified and the instrument of ratification
shall be deposited with the Secretary-General of the United
Nations.
Article IX
1 This Convention shall be open for accession to all States referred to
in article VIII.
2 Accession shall be effected by the deposit of an instrument
of accession with the Secretary-General of the United Nations.
Norton Rose Group Arbitrating across the regions Reference 55
Reference
Article X
1 Any State may, at the time of signature, ratification or accession,
declare that this Convention shall extend to all or any of the
territories for the international relations of which it is responsible.
Such a declaration shall take effect when the Convention enters
into force for the State concerned.
2 At any time thereafter any such extension shall be made by
notification addressed to the Secretary-General of the United
Nations and shall take effect as from the ninetieth day after the day
of receipt by the Secretary-General of the United Nations of this
notification, or as from the date of entry into force of the
Convention for the State concerned, whichever is the later.
3 With respect to those territories to which this Convention is not
extended at the time of signature, ratification or accession,
each State concerned shall consider the possibility of taking the
necessary steps in order to extend the application of
this Convention to such territories, subject, where necessary
for constitutional reasons, to the consent of the Governments
of such territories.
56 Reference Arbitrating across the regions Norton Rose Group
New York Convention (full text)
Article XI
In the case of a federal or non-unitary State, the following provisions
shall apply:
(a) With respect to those articles of this Convention that come within
the legislative jurisdiction of the federal authority, the obligations
of the federal Government shall to this extent be the same as those
of Contracting States which are not federal States;
(b) With respect to those articles of this Convention that come within
the legislative jurisdiction of constituent states or provinces which
are not, under the constitutional system of the federation, bound to
take legislative action, the federal Government shall bring such
articles with a favourable recommendation to the notice of the
appropriate authorities of constituent states or provinces at the
earliest possible moment;
(c) A federal State Party to this Convention shall, at the request of any
other Contracting State transmitted through the Secretary-General
of the United Nations, supply a statement of the law and practice
of the federation and its constituent units in regard to any
particular provision of this Convention, showing the extent
to which effect has been given to that provision by legislative or
other action.
Norton Rose Group Arbitrating across the regions Reference 57
Reference
Article XII
1 This Convention shall come into force on the ninetieth day
following the date of deposit of the third instrument of ratification
or accession.
2 For each State ratifying or acceding to this Convention after the
deposit of the third instrument of ratification or accession, this
Convention shall enter into force on the ninetieth day after deposit
by such State of its instrument of ratification or accession.
Article XIII
1 Any Contracting State may denounce this Convention by a written
notification to the Secretary-General of the United Nations.
Denunciation shall take effect one year after the date of receipt of
the notification by the Secretary-General.
2 Any State which has made a declaration or notification under
article X may, at any time thereafter, by notification to the
Secretary- General of the United Nations, declare that this
Convention shall cease to extend to the territory concerned one
year after the date of the receipt of the notification by the SecretaryGeneral.
3 This Convention shall continue to be applicable to arbitral awards
in respect of which recognition or enforcement proceedings have
58 Reference Arbitrating across the regions Norton Rose Group
New York Convention (full text)
been instituted before the denunciation takes effect.
Article XIV
A Contracting State shall not be entitled to avail itself of the present
Convention against other Contracting States except to the extent that it
is itself bound to apply the Convention.
Article XV
(a) The Secretary-General of the United Nations shall notify the States
contemplated in article VIII of the following: Signatures and
ratifications in accordance with article VIII;
(b) Accessions in accordance with article IX;
(c) Declarations and notifications under articles I, X and XI;
(d) The date upon which this Convention enters into force in
accordance with article XII;
(e) Denunciations and notifications in accordance with article XIII.
Article XVI
1 This Convention, of which the Chinese, English, French, Russian
and Spanish texts shall be equally authentic, shall be deposited in
the archives of the United Nations.
2 The Secretary-General of the United Nations shall transmit a
certified copy of this Convention to the States contemplated in
article VIII.
Norton Rose Group Arbitrating across the regions Reference 59
Reference
New York Convention signatory states
This table is correct as at 7 December 2009. For amendments after this
date go to www.uncitral.org and follow the links to UNCITRAL texts and
status and to international arbitration.
State
Declarations
and
reservations
Afghanistan
1,2
Signature
Albania
Ratification,
accession,
succession
Entry into force
30 Nov 2004
28 Feb 2005
27 Jun 2001
25 Sep 2001
Algeria
1,2
7 Feb 1989
8 May 1989
Antigua and
1,2
2 Feb 1989
3 May 1989
14 Mar 1989
12 Jun 1989
Barbuda
Argentina
1,2,6
Armenia
1,2
26 Aug 1958
29 Dec 1997
29 Mar 1998
Australia
26 Mar 1975
24 Jun 1975
Austria
2 May 1961
31 Jul 1961
Azerbaijan
29 Feb 2000
29 May 2000
Bahamas
20 Dec 2006
20 Mar 2007
6 Apr 1988
5 Jul 1988
6 May 1992
4 Aug 1992
16 Mar 1993
14 Jun 1993
15 Nov 1960
13 Feb 1961
Bahrain
1,2
Bangladesh
Barbados
1,2
Belarus
3
29 Dec 1958
Belgium
1
10 Jun 1958
18 Aug 1975
16 Nov 1975
Benin
16 May 1974
14 Aug 1974
Bolivia
28 Apr 1995
27 Jul 1995
1,2,5
1 Sep 1993
6 Mar 1992
1,2
20 Dec 1971
19 Mar 1972
7 Jun 2002
5 Sep 2002
25 Jul 1996
23 Oct 1996
Bosnia &
Herzegovina
Botswana
Brazil
Brunei
1
Darussalam
60 Reference Arbitrating across the regions Norton Rose Group
New York Convention (status table)
State
Declarations
and
reservations
Signature
Ratification,
accession,
succession
Entry into force
Bulgaria
1,3
17 Dec 1958
10 Oct 1961
8 Jan 1962
Burkina Faso
23 Mar 1987
21 Jun 1987
Cambodia
5 Jan 1960
4 Apr 1960
Cameroon
19 Feb 1988
19 May 1988
Canada
2
12 May 1986
10 Aug 1986
Central African
1,2
15 Oct 1962
13 Jan 1963
4 Sep 1975
3 Dec 1975
22 Jan 1987
22 Apr 1987
Republic
Chile
China
1,2,10
Colombia
25 Sep 1979
24 Dec 1979
Cook Islands
12 Jan 2009
12 Apr 2009
26 Oct 1987
24 Jan 1988
1 Feb 1991
2 May 1991
26 Jul 1993
8 Oct 1991
Costa Rica
10 Jun 1958
Côte d’Ivoire
Croatia
1,2,5
Cuba
1,2
30 Dec 1974
30 Mar 1975
Cyprus
1,2
29 Dec 1980
29 Mar 1981
30 Sep 1993
1 Jan 1993
Czech Republic
Denmark
22 Dec 1972
22 Mar 1973
Djibouti
1,2
14 Jun 1983
27 Jun 1977
Dominica
28 Oct 1988
26 Jan 1989
Dominican
11 Apr 2002
10 Jul 2002
3 Jan 1962
3 Apr 1962
9 Mar 1959
7 Jun 1959
26 Feb 1998
27 May 1998
30 Aug 1993
28 Nov 1993
19 Jan 1962
19 Apr 1962
Republic
Ecuador
1,2
17 Dec 1958
Egypt
El Salvador
10 Jun 1958
Estonia
Finland
29 Dec 1958
Norton Rose Group Arbitrating across the regions Reference 61
Reference
State
Declarations
and
reservations
Signature
Ratification,
accession,
succession
Entry into force
France
1
25 Nov 1958
26 Jun 1959
24 Sep 1959
Gabon
15 Dec 2006
15 Mar 2007
Georgia
2 Jun 1994
31 Aug 1994
30 Jun 1961
28 Sep 1961
Germany
1
10 Jun 1958
Ghana
9 Apr 1968
8 Jul 1968
Greece
1,2
16 Jul 1962
14 Oct 1962
Guatemala
1,2
21 Mar 1984
19 Jun 1984
Guinea
23 Jan 1991
23 Apr 1991
Haiti
5 Dec 1983
4 Mar 1984
14 May 1975
12 Aug 1975
3 Oct 2000
1 Jan 2001
Holy See
1,2
Honduras
Hungary
1,2
Iceland
10 Jun 1958
5 Mar 1962
3 Jun 1962
24 Jan 2002
24 Apr 2002
13 Jul 1960
11 Oct 1960
India
1,2
Indonesia
1,2
7 Oct 1981
5 Jan 1982
Iran (Islamic
1,2
15 Oct 2001
13 Jan 2002
12 May 1981
10 Aug 1981
5 Jan 1959
7 Jun 1959
Republic of)
Ireland
1
Israel
10 Jun 1958
Italy
31 Jan 1969
1 May 1969
Jamaica
1,2
10 Jul 2002
8 Oct 2002
Japan
1
20 Jun 1961
18 Sep 1961
Jordan
10 Jun 1958
Kazakhstan
15 Nov 1979
13 Feb 1980
20 Nov 1995
18 Feb 1996
Kenya
1
10 Feb 1989
11 May 1989
Korea,
1,2
8 Feb 1973
9 May 1973
1
28 Apr 1978
27 Jul 1978
Republic of
Kuwait
62 Reference Arbitrating across the regions Norton Rose Group
New York Convention (status table)
State
Declarations
and
reservations
Signature
Ratification,
accession,
succession
Entry into force
Kyrgyzstan
18 Dec 1996
18 Mar 1997
Lao People’s
17 Jun 1998
15 Sep 1998
14 Apr 1992
13 Jul 1992
11 Aug 1998
9 Nov 1998
Democratic Republic
Latvia
Lebanon
1
Lesotho
13 Jun 1989
11 Sep 1989
Liberia
16 Sep 2005
15 Dec 2005
14 Mar 1995
12 Jun 1995
9 Sep 1983
8 Dec 1983
Lithuania
3
Luxembourg
1
Macedonia,
1,2,5
10 Mar 1994
17 Nov 1991
Madagascar
1,2
16 Jul 1962
14 Oct 1962
Malaysia
1,2
11 Nov 1958
former Yugoslav
Republic of
5 Nov 1985
3 Feb 1986
8 Sep 1994
7 Dec 1994
22 Jun 2000
20 Sep 2000
Marshall Islands
21 Dec 2006
21 Mar 2007
Mauritania
30 Jan 1997
30 Apr 1997
19 Jun 1996
17 Sep 1996
14 Apr 1971
13 Jul 1971
18 Sep 1998
17 Dec 1998
2 Jun 1982
31 Aug 1982
24 Oct 1994
22 Jan 1995
Mali
Malta
Mauritius
1, 9
1
Mexico
Moldova,
1,5
Republic of
Monaco
1,2
Mongolia
1,2
31 Dec 1958
Montenegro
1, 2, 5
23 Oct 2006
3 Jun 2006
Morocco
1
12 Feb 1959
7 June 1959
Mozambique
1
11 Jun 1998
9 Sep 1998
Nepal
1,2
4 Mar 1998
2 Jun 1998
Netherlands
1
24 Apr 1964
23 Jul 1964
New Zealand
1
6 Jan 1983
6 Apr 1983
10 Jun 1958
Norton Rose Group Arbitrating across the regions Reference 63
Reference
State
Declarations
and
reservations
Signature
Nicaragua
Niger
Ratification,
accession,
succession
Entry into force
24 Sep 2003
23 Dec 2003
14 Oct 1964
12 Jan 1965
Nigeria
1,2
17 Mar 1970
15 Jun 1970
Norway
1,4
14 Mar 1961
12 Jun 1961
25 Feb 1999
26 May 1999
14 Jul 2005
12 Oct 2005
Oman
Pakistan
1
30 Dec 1958
Panama
10 Oct 1984
8 Jan 1985
Paraguay
8 Oct 1997
6 Jan 1998
7 Jul 1988
5 Oct 1988
Philippines
Peru
1,2
10 Jun 1958
6 Jul 1967
4 Oct 1967
Poland
1,2
10 Jun 1958
3 Oct 1961
1 Jan 1962
Portugal
1
18 Oct 1994
16 Jan 1995
30 Dec 2002
30 Mar 2003
Qatar
Romania
1,2,3
Russian
3
29 Dec 1958
13 Sep 1961
12 Dec 1961
24 Aug 1960
22 Nov 1960
Federation
Rwanda
Saint Vincent
1,2
31 Oct 2008
29 Jan 2009
12 Sep 2000
11 Dec 2000
17 May 1979
15 Aug 1979
19 Apr 1994
18 Jul 1994
17 Oct 1994
15 Jan 1995
and the
Grenadines
San Marino
Saudi Arabia
1
Senegal
Serbia
1, 2, 5
12 Mar 2001
27 Apr 1992
Singapore
1
21 Aug 1986
19 Nov 1986
Slovakia
4
28 May 1993
1 Jan 1993
Slovenia
5
6 Jul 1992
25 Jun 1991
3 May 1976
1 Aug 1976
South Africa
Spain
Sri Lanka
30 Dec 1958
12 May 1977
10 Aug 1977
9 Apr 1962
8 Jul 1962
64 Reference Arbitrating across the regions Norton Rose Group
New York Convention (status table)
State
Declarations
and
reservations
Sweden
Switzerland
7
Signature
Ratification,
accession,
succession
Entry into force
23 Dec 1958
28 Jan 1972
27 Apr 1972
29 Dec 1958
Syrian Arab
1 Jun 1965
30 Aug 1965
9 Mar 1959
7 Jun 1959
Republic
Thailand
Trinidad and
1,2
21 Dec 1959
20 Mar 1960
14 Feb 1966
15 May 1966
Tobago
Tunisia
1,2
17 Jul 1967
15 Oct 1967
Turkey
1,2
2 Jul 1992
30 Sep 1992
Uganda
1
12 Feb 1992
12 May 1992
Ukraine
3
10 Oct 1960
8 Jan 1961
21 Aug 2006
19 Nov 2006
United Arab
29 Dec 1958
Emirates
United Kingdom 1
24 Sep 1975
23 Dec 1975
United Republic 1
13 Oct 1964
12 Jan 1965
30 Sep 1970
29 Dec 1970
30 Mar 1983
28 Jun 1983
of Tanzania
United States
1,2
of America
Uruguay
Uzbekistan
Venezuela
7 Feb 1996
7 May 1996
1,2
8 Feb 1995
9 May 1995
1,2,3,8
(Bolivarian
Republic of)
Vietnam
12 Sep 1995
11 Dec 1995
Zambia
14 Mar 2002
12 Jun 2002
Zimbabwe
29 Sep 1994
28 Dec 1994
Norton Rose Group Arbitrating across the regions Reference 65
Reference
Declarations and reservations
(Excludes territorial declarations and certain other reservations and
declarations of a political nature – all of which are available on the
UNCITRAL website at www.uncitral.org)
1
State will apply the New York Convention only in the recognition and
enforcement of awards made in the territory of other contracting states.
2
State will apply the New York Convention only to differences arising
out of legal relationships, whether contractual or not, which are
considered commercial under its national law, except, in relation to
Canada, in the case of the Province of Quebec where the law did not
provide for such limitation.
3
Where awards are made in the territory of non-contracting states,
the state will only apply the New York Convention to the extent to
which those states grant reciprocal treatment.
4
This state will not apply the New York Convention to differences where
the subject matter of the proceedings is immovable property situated
in this state, or a right in or to such property.
5
State will apply the New York Convention only to those arbitral awards
which were adopted after the coming into effect of the New York
Convention.
6
Argentina declared that the New York Convention should be construed
in accordance with the principles and rules of its National Constitution
in force or those resulting from reforms mandated by the National
Constitution.
66 Reference Arbitrating across the regions Norton Rose Group
New York Convention (status table)
7
On 23 April 1993 Switzerland notified the Secretary-General of
its decision to withdraw the reciprocity declaration that it made
upon ratification.
8
Vietnam declared that the interpretation of the New York Convention
before the Vietnamese national courts or other competent authorities
should be made in accordance with the Vietnamese constitution or
Vietnamese law.
9
The New York Convention only applies to Malta in respect of
arbitration agreements concluded after the date of Malta’s accession
to the New York Convention.
10 Upon resumption of sovereignty over Hong Kong on 1 July 1997,
the Government of China extended the territorial application of the
Convention to Hong Kong, Special Administrative Region of China,
subject to the statement originally made by China upon accession
to the Convention. On 19 July 2005, China declared that the
Convention shall apply to the Macao Special Administrative Region
of China, subject to the statement originally made by China upon
accession to the Convention.
Enforcement
See the Arbitration section on the role of the New York Convention in the
enforcement of arbitration awards. ■
Norton Rose Group Arbitrating across the regions Reference 67
Reference
Washington (ICSID) Convention
Summary
ICSID, the International Centre for the Settlement of Investment Disputes,
was established by the Convention on the Settlement of Investment
Disputes between States and Nationals of Other States (the Convention)
which came into force on 14 October 1966.
ICSID is an autonomous international organisation. However, it has close
links with the World Bank. All of ICSID’s members are also members of
the Bank.
ICSID provides facilities for the conciliation and arbitration of disputes
between member countries and investors who qualify as nationals of
other member countries. Recourse to ICSID conciliation and arbitration is
entirely voluntary. However, once the parties have consented to arbitration
under the ICSID Convention, neither can unilaterally withdraw its consent
and it is, unless otherwise stated, deemed consent to the exclusion of
any other remedy. Moreover, all ICSID contracting states, whether or not
parties to the dispute, are required by the Convention to recognise and
enforce ICSID arbitral awards.
Provision for ICSID arbitration is commonly found in investment contracts
between governments of member countries and investors from other
member countries. Advance consents by governments to submit investment
disputes to ICSID arbitration can also be found in about 20 investment
laws and in over 900 bilateral investment treaties (BITs).
Under the Washington Convention, ICSID arbitrations need not be held
at the Centre’s headquarters in Washington DC. The parties to an ICSID
arbitration are free to agree to conduct their proceedings at any other place.
The number of cases submitted to the Centre has increased significantly
in recent years.
68 Reference Arbitrating across the regions Norton Rose Group
Washington Convention (summary)
Why is ICSID important?
There is no appeal. Awards are final and binding; a contracting state must
enforce the pecuniary obligations imposed by an award within its territory
as if it were a final judgment of a court in that state. Awards are
enforceable immediately.
It gives a neutral forum (Washington DC being the default choice) with a
neutral panel for resolution of the dispute.
If a company is considering a project or investment in a developing
country, the availability of ICSID has an impact on their risk analysis,
which can affect whether they go ahead or not. The availability of a
dispute resolution mechanism that has the potential to result in an
enforceable award is often a key factor in deciding whether to enter into a
“foreign” transaction with a “foreign” sovereign or its political subdivision.
ICSID has jurisdiction when all of the following criteria are met:
• The subject matter must be a legal dispute arising directly out of an
investment.
• The dispute must be between a contracting state and a national of
another contracting state.
• The parties to the dispute must consent in writing to submit to the
jurisdiction of ICSID (whether by provision in a contract or within a
bilateral investment treaty).
An arbitral tribunal will determine whether a dispute is within its
jurisdiction and shall judge its own competence.
Norton Rose Group Arbitrating across the regions Reference 69
Reference
The term “investment” is not defined in the Convention and there was
concern that an arbitration agreement might be frustrated if a tribunal
declared itself incompetent on the ground that it considered the underlying
transaction not to be an “investment”. This was one of the reasons for the
proposal to establish the “additional facility” (described below).
Additional facility rules
The additional facility rules give ICSID’s Secretariat authority to
administer certain proceedings which fall outside the scope of the
Washington Convention.
These cover investment disputes where either the state party or the home
state of the foreign national is not a member of ICSID. They also cover
disputes which do not arise directly out of an investment but where at
least one of the parties is an ICSID contracting state or a national of a
contracting state. In this case, the underlying transaction must have
features which distinguish it from an “ordinary commercial transaction”.
This term relating to transactions is not defined, but when the provision
was formulated and approved, the Administrative Council recorded the
following:
Economic transactions which (a) may or may not, depending on their
terms, be regarded by the parties as investments for the purposes of the
Convention, which (b) involve long-term relationships or the commitment
of substantial resources on the part of either party, and which (c) are of
special importance to the economy of the State party, can be clearly
distinguished from ordinary commercial transactions. Examples of such
transactions may be found in various forms of industrial cooperation
agreements and major civil works contracts.
Fact-finding is included in the additional facility rules as a method for
parties to receive an impartial assessment of facts. It is a mechanism
intended to prevent differences of view arising on specific factual issues
in the course of a long-term relationship from escalating into a legal dispute.
70 Reference Arbitrating across the regions Norton Rose Group
Washington Convention (summary)
Enforcement
A particular attraction of ICSID arbitration is that each contracting State,
whether or not a party to the dispute, is required to recognise an award
as binding. Contracting States must enforce pecuniary obligations
imposed by an award within their respective territories as if they were
a final judgment of a court of that State.
ICSID awards are not subject to any appeal or to any other remedy except
those provided for in the Convention itself (and these are limited).
See the Arbitration section on investment treaties.
Norton Rose Group Arbitrating across the regions Reference 71
Reference
ICSID signatory states
The table below lists all the 156 States that have signed the Washington
(ICSID) Convention. Of these, 144 States have deposited their instruments
of ratification and attained “contracting State” status (at the time of
“entry into force” of the Convention for each of them). The 12 States
that have not yet done this are given in italics.
This table is correct at January 2010. For amendments after this date,
go to www.worldbank.org/icsid and follow the links to the list of
contracting States.
State
(and notification)
Signature
Deposit of
ratification
Entry into force
Afghanistan
30 Sep 1966
25 Jun 1968
25 Jul 1968
Albania
15 Oct 1991
15 Oct 1991
14 Nov 1991
Algeria
17 Apr 1995
21 Feb 1996
22 Mar 1996
Argentina
21 May 1991
19 Oct 1994
18 Nov 1994
Armenia
16 Sep 1992
16 Sep 1992
16 Oct 1992
Australia
24 Mar 1975
2 May 1991
1 Jun 1991
Austria
17 May 1966
25 May 1971
24 Jun 1971
Azerbaijan
18 Sep 1992
18 Sep 1992
18 Oct 1992
Bahamas
19 Oct 1995
19 Oct 1995
18 Nov 1995
Bahrain
22 Sep 1995
14 Feb 1996
15 Mar 1996
Bangladesh
20 Nov 1979
27 Mar 1980
26 Apr 1980
Barbados
13 May 1981
1 Nov 1983
1 Dec 1983
Belarus
10 Jul 1992
10 Jul 1992
9 Aug 1992
Belgium
15 Dec 1965
27 Aug 1970
26 Sep 1970
Belize
19 Dec 1986
Benin
10 Sep 1965
6 Sep 1966
14 Oct 1966
Bosnia &
Herzegovina
25 Apr 1997
14 May 1997
13 Jun 1997
72 Reference Arbitrating across the regions Norton Rose Group
Washington Convention (status table)
State
(and notification)
Signature
Deposit of
ratification
Entry into force
Botswana
15 Jan 1970
15 Jan 1970
14 Feb 1970
Brunei Darussalam
16 Sep 2002
16 Sep 2002
16 Oct 2002
Bulgaria
21 Mar 2000
13 Apr 2001
13 May 2001
Burkina Faso
16 Sep 1965
29 Aug 1966
14 Oct 1966
Burundi
17 Feb 1967
5 Nov 1969
5 Dec 1969
Cambodia
5 Nov 1993
20 Dec 2004
19 Jan 2005
Cameroon
23 Sep 1965
3 Jan 1967
2 Feb 1967
Canada
15 Dec 2006
Central African
26 Aug 1965
23 Feb 1966
14 Oct 1966
Chad
12 May 1966
29 Aug 1966
14 Oct 1966
Chile
25 Jan 1991
24 Sep 1991
24 Oct 1991
China (1)
9 Feb 1990
7 Jan 1993
6 Feb 1993
Colombia
18 May 1993
15 Jul 1997
14 Aug 1997
Comoros
26 Sep 1978
7 Nov 1978
7 Dec 1978
Congo
27 Dec 1965
23 Jun 1966
14 Oct 1966
Congo, Democratic
Republic of
29 Oct 1968
29 Apr 1970
29 May 1970
Costa Rica
29 Sep 1981
27 Apr 1993
27 May 1993
Côte d’Ivoire
30 Jun 1965
16 Feb 1966
14 Oct 1966
Croatia
16 Jun 1997
22 Sep 1998
22 Oct 1998
Cyprus
9 Mar 1966
25 Nov 1966
25 Dec 1966
Czech Republic
23 Mar 1993
23 Mar 1993
22 Apr 1993
Denmark
11 Oct 1965
24 Apr 1968
24 May 1968
Dominican Republic
20 Mar 2000
Egypt
11 Feb 1972
3 May 1972
2 Jun 1972
El Salvador
9 Jun 1982
6 Mar 1984
5 Apr 1984
Estonia
23 Jun 1992
23 Jun 1992
23 Jul 1992
Republic
Norton Rose Group Arbitrating across the regions Reference 73
Reference
State
(and notification)
Signature
Deposit of
ratification
Entry into force
Ethiopia
21 Sep 1965
Fiji
1 Jul 1977
11 Aug 1977
10 Sep 1977
Finland
14 Jul 1967
9 Jan 1969
8 Feb 1969
France
22 Dec 1965
21 Aug 1967
20 Sep 1967
Gabon
21 Sep 1965
4 Apr 1966
14 Oct 1966
Gambia, The
1 Oct 1974
27 Dec 1974
26 Jan 1975
Georgia
7 Aug 1992
7 Aug 1992
6 Sep 1992
Germany
27 Jan 1966
18 Apr 1969
18 May 1969
Ghana
26 Nov 1965
13 Jul 1966
14 Oct 1966
Greece
16 Mar 1966
21 Apr 1969
21 May 1969
Grenada
24 May 1991
24 May 1991
23 Jun 1991
Guatemala (2)
9 Nov 1995
21 Jan 2003
20 Feb 2003
Guinea
27 Aug 1968
4 Nov 1968
4 Dec 1968
Guinea-Bissau
4 Sep 1991
Guyana
3 Jul 1969
11 Jul 1969
10 Aug 1969
Haiti
30 Jan 1985
27 Oct 2009
26 Nov 2009
Honduras
28 May 1986
14 Feb 1989
16 Mar 1989
Hungary
1 Oct 1986
4 Feb 1987
6 Mar 1987
Iceland
25 Jul 1966
25 Jul 1966
14 Oct 1966
Indonesia
16 Feb 1968
28 Sep 1968
28 Oct 1968
Ireland
30 Aug 1966
7 Apr 1981
7 May 1981
Israel
16 Jun 1980
22 Jun 1983
22 Jul 1983
Italy
18 Nov 1965
29 Mar 1971
28 Apr 1971
Jamaica (3)
23 Jun 1965
9 Sep 1966
14 Oct 1966
Japan
23 Sep 1965
17 Aug 1967
16 Sep 1967
Jordan
14 Jul 1972
30 Oct 1972
29 Nov 1972
Kazakhstan
23 Jul 1992
21 Sep 2000
21 Oct 2000
Kenya
24 May 1966
3 Jan 1967
2 Feb 1967
74 Reference Arbitrating across the regions Norton Rose Group
Washington Convention (status table)
State
(and notification)
Signature
Deposit of
ratification
Entry into force
Korea, Republic of
18 Apr 1966
21 Feb 1967
23 Mar 1967
Kosovo, Republic of
29 Jun 2009
29 Jun 2009
29 Jul 2009
Kuwait
9 Feb 1978
2 Feb 1979
4 Mar 1979
Kyrgyz, Republic of
9 Jun 1995
Latvia
8 Aug 1997
8 Aug 1997
7 Sep 1997
Lebanon
26 Mar 2003
26 Mar 2003
25 Apr 2003
Lesotho
19 Sep 1968
8 Jul 1969
7 Aug 1969
Liberia
3 Sep 1965
16 Jun 1970
16 Jul 1970
Lithuania
6 Jul 1992
6 Jul 1992
5 Aug 1992
Luxembourg
28 Sep 1965
30 Jul 1970
29 Aug 1970
Macedonia, former
16 Sep 1998
27 Oct 1998
26 Nov 1998
Madagascar
1 Jun 1966
6 Sep 1966
14 Oct 1966
Malawi
9 Jun 1966
23 Aug 1966
14 Oct 1966
Malaysia
22 Oct 1965
8 Aug 1966
14 Oct 1966
Mali
9 Apr 1976
3 Jan 1978
2 Feb 1978
Malta
24 Apr 2002
3 Nov 2003
3 Dec 2003
Mauritania
30 Jul 1965
11 Jan 1966
14 Oct 1966
Mauritius
2 Jun 1969
2 Jun 1969
2 Jul 1969
Micronesia
24 Jun 1993
24 Jun 1993
24 Jul 1993
Moldova
12 Aug 1992
Mongolia
14 Jun 1991
14 Jun 1991
14 Jul 1991
Morocco
11 Oct 1965
11 May 1967
10 Jun 1967
Mozambique
4 Apr 1995
7 Jun 1995
7 Jul 1995
Namibia
26 Oct 1998
Nepal
28 Sep 1965
7 Jan 1969
6 Feb 1969
Netherlands
25 May 1966
14 Sep 1966
14 Oct 1966
Yugoslav Republic of
Norton Rose Group Arbitrating across the regions Reference 75
Reference
State
(and notification)
Signature
Deposit of
ratification
New Zealand
2 Sep 1970
2 Apr 1980
2 May 1980
Nicaragua
4 Feb 1994
20 Mar 1995
19 Apr 1995
Niger
23 Aug 1965
14 Nov 1966
14 Dec1966
Nigeria
13 Jul 1965
23 Aug 1965
14 Oct 1966
Norway
24 Jun 1966
16 Aug 1967
15 Sep 1967
Oman
5 May 1995
24 Jul 1995
23 Aug 1995
Pakistan
6 Jul 1965
15 Sep 1966
15 Oct 1966
Panama
22 Nov 1995
8 Apr 1996
8 May 1996
Papua New
Guinea (4)
20 Oct 1978
20 Oct 1978
19 Nov 1978
Paraguay
27 Jul 1981
7 Jan 1983
6 Feb 1983
Peru
4 Sep 1991
9 Aug 1993
8 Sep 1993
Philippines
26 Sep 1978
17 Nov 1978
17 Dec 1978
Portugal
4 Aug 1983
2 Jul 1984
1 Aug 1984
Romania
6 Sep 1974
12 Sep 1975
12 Oct 1975
Russian Federation
16 Jun 1992
Rwanda
21 Apr 1978
15 Oct 1979
14 Nov 1979
Samoa
3 Feb 1978
25 Apr 1978
25 May 1978
São Tomé
and Príncipe
1 Oct 1999
Saudi Arabia (5)
28 Sep 1979
8 May 1980
7 Jun 1980
Senegal
26 Sep 1966
21 Apr 1967
21 May 1967
Serbia
9 May 2007
9 May 2007
8 Jun 2007
Seychelles
16 Feb 1978
20 Mar 1978
19 Apr 1978
Sierra Leone
27 Sep 1965
2 Aug 1966
14 Oct 1966
Singapore
2 Feb 1968
14 Oct 1968
13 Nov 1968
Slovak Republic
27 Sep 1993
27 May 1994
26 Jun 1994
76 Reference Arbitrating across the regions Norton Rose Group
Entry into force
Washington Convention (status table)
State
(and notification)
Signature
Deposit of
ratification
Entry into force
Slovenia
7 Mar 1994
7 Mar 1994
6 Apr 1994
Solomon Islands
12 Nov 1979
8 Sep 1981
8 Oct 1981
Somalia
27 Sep 1965
29 Feb 1968
30 Mar 1968
Spain
21 Mar 1994
18 Aug 1994
17 Sep 1994
Sri Lanka
30 Aug 1967
12 Oct 1967
11 Nov 1967
St Kitts and Nevis
14 Oct 1994
4 Aug 1995
3 Sep 1995
St Lucia
4 Jun 1984
4 Jun 1984
4 Jul 1984
St Vincent and
the Grenadines
7 Aug 2001
16 Dec 2002
15 Jan 2003
Sudan
15 Mar 1967
9 Apr 1973
9 May 1973
Swaziland
3 Nov 1970
14 Jun 1971
14 Jul 1971
Sweden
25 Sep 1965
29 Dec 1966
28 Jan 1967
Switzerland
22 Sep 1967
15 May 1968
14 Jun 1968
Syria
25 May 2005
25 Jan 2006
24 Feb 2006
Tanzania
10 Jan 1992
18 May 1992
17 Jun 1992
Thailand
6 Dec 1985
Timor-Leste
23 Jul 2002
23 Jul 2002
22 Aug 2002
Togo
24 Jan 1966
11 Aug 1967
10 Sep 1967
Tonga
1 May 1989
21 Mar 1990
20 Apr 1990
Trinidad and Tobago
5 Oct 1966
3 Jan 1967
2 Feb 1967
Tunisia
5 May 1965
22 June 1966
14 Oct 1966
Turkey (6)
24 Jun 1987
3 Mar 1989
2 Apr 1989
Turkmenistan
26 Sep 1992
26 Sep 1992
26 Oct 1992
Uganda
7 Jun 1966
7 Jun 1966
14 Oct 1966
Ukraine
3 Apr 1998
7 Jun 2000
7 Jul 2000
United Arab
Emirates
23 Dec 1981
23 Dec 1981
22 Jan 1982
Norton Rose Group Arbitrating across the regions Reference 77
Reference
State
(and notification)
Signature
Deposit of
ratification
Entry into force
United Kingdom
26 May 1965
19 Dec 1966
18 Jan 1967
United States of
27 Aug 1965
10 Jun 1966
14 Oct 1966
Uruguay
28 May 1992
9 Aug 2000
8 Sep 2000
Uzbekistan
17 Mar 1994
26 Jul 1995
25 Aug 1995
Venezuela
18 Aug 1993
2 May 1995
1 Jun 1995
Yemen, Republic of
28 Oct 1997
21 Oct 2004
20 Nov 2004
Zambia
17 Jun 1970
17 Jun 1970
17 Jul 1970
Zimbabwe
25 Mar 1991
20 May 1994
19 Jun 1994
America
78 Reference Arbitrating across the regions Norton Rose Group
Washington Convention (status table)
Declarations and reservations
1 China has declared that the Chinese Government would only consider
submitting to ICSID’s jurisdiction disputes over compensation resulting
from expropriation and nationalisation (article 25(4) of the Washington
(ICSID) Convention.
2 Guatemala declared on 16 January 2003 that it would not accept
submitting to ICSID’s jurisdiction any dispute arising from a
compensation claim against the state for damages due to armed
conflicts or civil disturbances.
3 Jamaica declared on 8 May 1974 that disputes arising directly out of an
investment relating to minerals or other natural resources would not be
subject to the jurisdiction of ICSID.
4 Papua New Guinea declared on 14 September 1978 that it would only
consider submitting to ICSID disputes which were fundamental to the
investment itself.
5 Saudi Arabia declared on 8 May 1980 that it reserved the right not to
submit all questions pertaining to oil and acts of sovereignty to ICSID,
whether by conciliation or arbitration.
6 Turkey declared on 3 March 1989 that only disputes arising out of
investment activities which had obtained necessary permission,
in accordance with the relevant Turkish law on foreign capital, and
that had effectively started would be subject to ICSID’s jurisdiction.
It stated that disputes related to property and real rights upon real
estates would be totally under the jurisdiction of the Turkish courts
and therefore would not be submitted to ICSID’s jurisdiction. ■
Norton Rose Group Arbitrating across the regions Reference 79
Reference
Related links
Abu Dhabi Commercial Conciliation and Arbitration Centre
www.adcci.gov.ae
AL-INSAF
www.al-insaf.com.tn
American Arbitration Association (AAA)
www.adr.org
Arbitration Association of the Republic of China
(Chinese Arbitration Association, Taipei) (CAA)
www.arbitration.org.tw
(English and Chinese)
Arbitration Center of the Iran Chamber – go to page
www.arbitration.ir
Arbitration Institute of the Stockholm Chamber of Commerce
www.sccinstitute.com
Arbitration Court attached to the Economic Chamber of the Czech
Republic and Agricultural Chamber of the Czech Republic
www.arbcourt.cz
Arbitration Court, Polish Chamber of Commerce
www.sad-arbitrazowy.pl
Arbitrators’ and Mediators’ Institute of New Zealand, Inc (AMINZ)
www.aminz.org.nz
80 Reference Arbitrating across the regions Norton Rose Group
Related links
Association of Arbitrators (South Africa)
www.arbitrators.co.za
Athens Chamber of Commerce and Industry
www.acci.gr
Australian Centre for International Commercial Arbitration (ACICA)
www.acica.org.au
Beijing Arbitration Commission (BAC)
www.bjac.org.cn/en
Centre d’arbitrage du GICAM
www.legicam.org/centrearbitrage.html
Centre of Conciliation and Arbitration
Algerian Chamber of Commerce and Industry
www.caci.com.dz
Chamber of National and International Arbitration of Milan
www.camera-arbitrale.com
Chambre de commerce, d’industrie et d’agriculture de Dakar
www.cciad.sn/cciad/centre_arbitrage.htm
China International Economic and Trade Arbitration Commission (CIETAC)
www.cietac.org.cn/index.cms
(English and Chinese)
China Maritime Arbitration Commission (CMAC)
www.cmac-sh.org
(English and Chinese)
Norton Rose Group Arbitrating across the regions Reference 81
Reference
Chinese Engineering Arbitration Association (CCIAA)
www.cciaa.org.tw
(Chinese)
Civil and Mercantile Court of Arbitration (CIMA)
www.cima-arbitraje.com/en/index.html
Commission for Conciliation, Mediation and Arbitration
www.ccma.org.za
Danish Institute of Arbitration
www.denarbitra.dk
DIFC–LCIA Arbitration Centre
www.difc.ae
Dubai International Arbitration Centre
www.diac.ae
Dutch Securities Institute
www.dsi.nl
Euro-American Court of Arbitration
www.camaras.org/publicado//arbitraje/corteuro_657.html
European Court of Arbitration
www.cour-europe-arbitrage.org
Federation of Bangladesh Chambers of Commerce and Industry (FBCCI)
www.fbcci-bd.org
French Centre for Reinsurance and Insurance Arbitration
www.cefarea.com
82 Reference Arbitrating across the regions Norton Rose Group
Related links
Geneva Centre of Commerce and Industry
www.ccig.ch
German Institution for Arbitration
www.dis-arb.de
Gulf Cooperation Council Commercial Arbitration Centre
www.gcac.biz
Hellenic Chamber of Shipping
www.nee.gr
Hong Kong International Arbitration Centre (HKIAC)
www.hkiac.org
(English and Chinese)
IBA guidelines on conflicts of interest in international arbitration
IBA rules on the taking of evidence in international arbitration
www.ibanet.org
International Arbitral Centre of the Austrian Economic Federal Chamber
www.wko.at/arbitration
International Chamber of Commerce (ICC)
www.iccwbo.org
ICC Thailand
www.iccthailand.or.th
Indian Arbitration and Conciliation Act 1996 (full text)
www.taxmann.com
(Tax and corporate acts)
Norton Rose Group Arbitrating across the regions Reference 83
Reference
Related links
Indian Council of Arbitration (ICA)
www.ficci.com/icanet/
Indian Merchants’ Chamber (IMC)
www.imcnet.org
Indonesian Capital Market Arbitration Board (BAPMI)
www.bapmi.org
Indonesian National Board of Arbitration (BANI)
www.bani-arb.org
(English and Indonesian)
Institute for the Development of Commercial Law and Practice (ICLP)
Arbitration Centre
www.iclparbitrationcentre.com
International Centre for Alternative Dispute Resolution (ICADR)
www.icadr.nic.in
International Centre for the Settlement of Investment Disputes
www.worldbank.org/icsid
International Chamber of Commerce
www.iccwbo.org
Japan Commercial Arbitration Association (JCAA)
www.jcaa.or.jp
(English and Japanese)
Kuwait Chamber of Commerce and Industry
www.kcci.org.kw
84 Reference Arbitrating across the regions Norton Rose Group
Related links
International Chamber of Commerce – ICC Danmark
www.iccdanmark.dk
International Chamber of Commerce Netherlands
www.iccdanmark.dk
International Commercial Arbitration Court (ICAC) and Maritime
Arbitration Commission (MAC) at the Chamber of Commerce and Industry
of the Russian Federation
www.tpprf.ru
International Court of Arbitration for Marine and Inland Navigation in
Gdynia (in Polish)
www.kigm.pl/sa.html
Japan Intellectual Property Arbitration Centre
www.ip-adr.gr.jp
(English and Japanese)
Japan Shipping Exchange, Inc
www.jseinc.org
(English and Japanese)
Korean Commercial Arbitration Board (KCAB)
www.kcab.or.kr
(English and Korean)
London Court if International Arbitration
www.lcia-arbitration.com
London Maritime Arbitrators Association
www.lmaa.org.uk
Norton Rose Group Arbitrating across the regions Reference 85
Reference
Netherlands Arbitration Institute
www.nai-nl.org/english
New York Convention
www.uncitral.org
The OHADA legal system
www.ohadalegis.com
l’Organisation pour l’Harmonisation en Afrique du Droit des Affaires
www.ohada.com
Paris Arbitral Chamber
www.arbitrage.org/index_fr.htm
Paris Maritime Arbitration Chamber
www.arbitrage-maritime.org/us/intro.htm
Paris Mediation and Arbitration Centre
www.mediationetarbitrage.com
Permanent Court of Arbitration
www.pca-cpa.org
Philippine Dispute Resolution Center, Inc. (PDRCI)
www.PDRCI.org
Portuguese Chamber of Commerce and Industry
www.pca-cpa.org
Qatar Financial Centre
www.qfc.com.qa
86 Reference Arbitrating across the regions Norton Rose Group
Related links
Regional Centre for Arbitration in Kuala Lumpur (KLRCA)
www.rcakl.org.my
Singapore Chamber of Maritime Arbitration (SCMA)
www.scma.org.sg
Singapore International Arbitration Centre (SIAC)
www.siac.org.sg
(English and Chinese)
Slovak Chamber of Commerce and Industry
www.test.sopk.sk
Spanish Court of Arbitration
www.camaras.org/publicado/arbitraje/corte_330.html
Stockholm Chamber of Commerce
www.sccinstitute.com
Swiss Arbitration Association
www.arbitration-ch.org
Swiss Chambers’ Arbitration
www.swissarbitration.ch
Taiwan Construction Arbitration Association (TCAA)
www.tcaa.org.tw
(Chinese)
Tehran Regional Arbitration Centre
www.trac.ir
Norton Rose Group Arbitrating across the regions Reference 87
Reference
Thai Arbitration Institute
www.coj.go.th
Transport and Maritime Arbitration Rotterdam-Amsterdam (TAMARA)
www.tamara-arbitration.nl
Tunis Center for Conciliation and Arbitration
www.ccat.org.tn
UNCITRAL rules
www.uncitral.org
88 Reference Arbitrating across the regions Norton Rose Group