Filetype PDF | Posted on 19 Sep 2022 | 3 years ago
Authentication
digital resources
209x Filetype PDF File size 0.21 MB Source: www.akingump.com
Comparison of Key International Arbitration Rules
Key International Arbitration Rules
USA Europe Far East Middle East International
Element JAMS International
ICDR Rules 2021 Arbitration Rules 2021 LCIA Rules 2020 ICC Rules 2021 SCC Rules 2017 HKIAC Rules 2018 SIAC Rules 2016 JCAA Rules 2021 DIAC Rules 2022 UNCITRAL Rules 2013
Location New York with regional California with international London, with regional Paris, with regional centres Stockholm. Hong Kong. Singapore. Tokyo. Dubai. N/a (UNCITRAL is based in
centres in Bahrain, Mexico headquarters in London. centres in New Delhi and in Hong Kong, New York and New York and Vienna).
City and Singapore. Mauritius. Singapore.
Commencement Article 2 Article 2 Article 1 Article 4 Article 8 Article 4 Article 3 Article 14(6) Article 4 Article 3
The date the ICDR (as the The date on which JAMS The date the Request and The date the Request is The date the Request for The date the Notice of The date the Notice of The date the Request for The date the Request and The date the notice of
“Administrator” in all cases) issues a Commencement registration fee are received by the ICC Arbitration is received by Arbitration is received by Arbitration is delivered to Arbitration is received by the Registration Fee is arbitration is received by
receives the Notice of Letter. received by the LCIA Secretariat. the SCC. HKIAC (with a copy to the the SIAC Registrar (with a the JCAA. received by DIAC. the respondent.
Arbitration (which also Registrar. Respondent). copy to the Respondent).
amounts to the Statement
of Claim).
Deadline for Article 3 Article 4 Article 2 Article 5 Article 9 Article 5 Article 4 Article 18(1) Article 5 Article 4
Response 30 days after the 30 days from the 28 days from the 30 days from the The deadline for the 30 days from the 14 days from the Within 4 weeks from the Within 30 days from the 30 days from the receipt of
Administrator confirms commencement of the Commencement Date. Respondent’s receipt of the Answer is set by the SCC Respondent’s receipt of the Respondent’s receipt of the Respondent’s receipt of the Respondent’s notice of the notice of arbitration by the
commencement of the arbitration. Request from the ICC Secretariat. Notice of Arbitration. Notice of Arbitration. notice of the Request for Request (as provided by respondent.
arbitration. Secretariat. Arbitration (as provided by DIAC).
the JCAA).
Default number of Article 12 Article 7 Article 5 Article 12 Article 16 Article 6 Article 9 Article 26(2) Article 10 Article 7
Arbitrators Sole arbitrator. Sole arbitrator. Sole arbitrator. Sole arbitrator. No default - SCC will No default - HKIAC will Sole arbitrator. Sole Arbitrator. Sole arbitrator. Three Arbitrators.
(where parties Administrator may appoint JAMS may appoint three LCIA may appoint three The ICC Court may appoint determine if the case determine if the case The SIAC Registrar may DIAC may appoint three
have not agreed) three arbitrators if it sees arbitrators if it sees fit. arbitrators if it sees fit. three arbitrators if it sees warrants one or three warrants one or three appoint three arbitrators if arbitrators if it sees fit.
fit. fit. arbitrators. arbitrators. it sees fit.
Time limit for Article 15 Article 9 Article 10 Article 14 Article 19 Article 11 Article 14 Article 34(3) Article 15 Article 13
challenging 15 days from being notified 15 days from being notified 14 days from the formation 30 days from being notified 15 days from becoming 15 days from the 14 days from being notified 14 days from being notified 15 days from the formation 15 days from being notified
Arbitrator of the appointment or of the appointment or of the Tribunal or becoming of the appointment or aware of the relevant confirmation of the of the appointment or of the appointment or of the Tribunal or becoming of the appointment or
becoming aware of the becoming aware of the aware of the relevant becoming aware of the circumstances. arbitrator by HKIAC or becoming aware of the becoming aware of the aware of the becoming aware of the
relevant circumstances. relevant circumstances. circumstances. relevant circumstances. becoming aware of the relevant circumstances. relevant circumstances. circumstances. relevant circumstances.
relevant circumstances.
Jurisdictional Article 21 Article 17 Article 23 Article 6 Articles 11-12 Article 19 Article 28 Article 47 Article 6 Article 23
challenges The Tribunal has the power The Tribunal has the power The Tribunal has the power The Tribunal has the power Challenges to be made to The Tribunal has the power The Tribunal has the power The Tribunal has the power The Tribunal has the power The Tribunal has the power
to rule on its own to rule on its own to rule on its own to rule on its own the SCC Board which is to rule on its own to rule on its own to rule on its own to rule on its own to rule on its own
jurisdiction and the validity jurisdiction and the validity jurisdiction and authority jurisdiction (and may refer empowered to dismiss a jurisdiction and the validity jurisdiction and the validity jurisdiction and the validity jurisdiction and the validity jurisdiction and the validity
of the arbitration of the arbitration and the validity of the to the ICC Secretary case if the SCC manifestly of the arbitration of the arbitration of the arbitration of the arbitration of the arbitration
Agreement. Agreement. arbitration agreement. General) and the validity of lacks jurisdiction. Agreement. Agreement. Agreement. Agreement. Agreement.
Challenges to the Tribunal’s Challenges should be raised Challenges should the arbitration agreement. Challenges should be raised Challenges should be raised Challenges should be raised
jurisdiction should be no later than the Statement be raised as soon as in the Answer to the Notice no later than the Statement no later than in the
submitted no later than the of Defence or the Reply possible and not of Arbitration, and shall be of Defence or in Reply to Statement of Defence or
filing of the Answer to the (although a late objection later than the Statement of raised no later than the the Counterclaim. Reply to Counterclaim.
claim, counterclaim or can be admitted if the Defence. Statement of Defence.
setoff giving rise to the Tribunal considers the
objection. delay justified in the
circumstances).
Non-payment of Article 39 Article 35 Article 24 Article 1 (Appendix III) Article 51 Article 41 Article 34 Article 82(2) Appendix I – Article Article 43
the The ICDR will inform the If a party fails to provide a In the event that a party A party that has already If one party fails to pay, the If either party fails to pay A party is free to pay the If a party fails to make 3 If the required deposits are
Advance on Costs parties if the costs are not deposit as directed by the fails to make a payment on paid in full its share of the SCC Secretariat will give the its share the other party unpaid costs should the payments intended to If either party fails to pay not paid in full within 30
paid in full so that one or Administrator, JAMS may account of costs the LCIA advance on costs fixed by other party the opportunity may pay the missing other party fail to pay its cover arbitrator(s)’ its share the other party days the Tribunal shall
more of them can make the direct the other party to may direct the other party the ICC Court may pay the to pay. amount failing which the share. remuneration and/or may pay that share, and inform the parties so that
required payment. pay to allow the arbitration to pay to allow the unpaid portion of the If one party makes the Tribunal may order If a party fails to pay, the expenses, the Tribunal, will be entitled to one or more can make the
The failure of a party to proceed (subject to any arbitration to proceed. advance owed by the required payment and the suspension or termination Tribunal may suspend its upon the JCAA’s request, reimbursement from the required payment.
asserting the claim or Award on costs). The party making the defaulting party by posting other party does not, the of the proceedings. work and the SIAC shall suspend or terminate other party. If such payment is not
counterclaim to pay the The Tribunal has discretion substitute payment can a bank guarantee. Tribunal may, upon Secretariat may suspend the arbitral proceedings Where a request for an made, the Tribunal may
required deposit can be to treat the failure to pay request an order to allow it request, make a separate the arbitration, or impose a unless the other party pays advance on costs is not suspend or terminate the
deemed a withdrawal of the required deposit as a to recover that amount as a Award for reimbursement deadline for payment such unpaid amount complied with, the DIAC proceedings.
the respective claim or withdrawal of the debt (with interest) of that payment. beyond which the claim will instead. Court may impose a
counterclaim. immediately due from the be considered withdrawn. deadline for payment
1
Comparison of Key International Arbitration Rules
Key International Arbitration Rules
USA Europe Far East Middle East International
Element JAMS International
ICDR Rules 2021 Arbitration Rules 2021 LCIA Rules 2020 ICC Rules 2021 SCC Rules 2017 HKIAC Rules 2018 SIAC Rules 2016 JCAA Rules 2021 DIAC Rules 2022 UNCITRAL Rules 2013
respective claim or defaulting party when the beyond which the claim will
counterclaim. Tribunal is constituted. be considered withdrawn.
The failure of a party
asserting the claim or
counterclaim to pay the
required deposit can be
deemed a withdrawal of
the respective claim or
counterclaim.
Confidentiality Article 40 Article 16 Article 30 Article 8 (Appendix I) Article 3 Article 45 Article 39 Article 42 Article 38 Article 28, 34
Confidential information The Tribunal, the parties, The deliberations of the The work of the ICC Court is The SCC, the Tribunal and Unless the parties agree The parties and the Arbitral proceedings shall Unless otherwise agreed by The hearings are
disclosed during the the Administrator and Tribunal remain of a confidential nature any administrative otherwise, no party (nor Tribunal (including any be held in private, and all the parties or the law of the confidential unless the
arbitration shall not be JAMS must maintain the confidential to the which must be respected secretary of the Tribunal the Tribunal) may publish, person appointed by the records thereof shall be seat requires otherwise, parties otherwise agree.
divulged by an Arbitrator or confidentiality of the members of the Tribunal by everyone who will maintain the disclose or communicate Tribunal) shall at all times closed to the public. The the parties and the The Award may be made
the ICDR unless otherwise arbitration. and any Tribunal secretary participates in that work in confidentiality of the Award any information relating to treat all matters relating to arbitrators, the parties, members of the Tribunal public if agreed by the
agreed by the parties or The Award remains (if appropriate). whatever capacity. The ICC unless otherwise agreed by the arbitration or any the proceedings and the their counsel and undertake as a general parties or required by law.
required by applicable law. confidential unless all the The parties undertake as a Court lays down the rules the parties. Award made in the Award as confidential. assistants, the JCAA’S principle to keep all
An Award can only be made parties consent to general principle to keep regarding the persons who arbitration unless it is to officers and other staff, and Awards, orders, materials
public with the consent of publication or otherwise confidential all Awards in can attend the meetings of pursue a legal right or other persons involved in and documents created for
all parties, or as required by required by law. the arbitration save if the ICC Court and its enforce or challenge the the arbitral proceedings the purpose of the
law. disclosure is required as committees and who are Award. The deliberations of shall not disclose facts arbitration confidential
The ICDR can publish part of a legal duty, to entitled to have access to the Tribunal shall remain related to or learned save for the extent to
redacted versions of pursue a legal right or to materials related to the confidential. through the arbitral which disclosure is required
selected Awards, orders, challenge the Award in work of the ICC Court and The HKIAC may publish an proceedings and shall not by legal duty, to pursue a
decisions and rulings, legal proceedings. The the ICC Secretariat. Award only if the parties’ express any views as to legal right or to challenge
unless a party objects parties shall seek the same names are redacted, or no such facts, except where the Award in legal
within 6 months from the undertaking of party objects to the disclosure is required by proceedings.
date of the Award. confidentiality from any publication. law or in court proceedings,
third parties they involve in or based on any other
Unless the parties agree the arbitration. justifiable grounds.
otherwise, the Tribunal can The LCIA will not publish
make orders concerning the any Award (or part thereof)
confidentiality of the without the consent of the
arbitration and any matters parties and the Tribunal.
in connection with the
arbitration.
Timeframe for Article 33 Article 33 Article 15 Article 31 Article 43 Article 31.2 Article 32 No set timeframe. Article 35 No set timeframe.
issuing the Award The Award should be made The dispute should be The Tribunal shall seek to Within 6 months from the 6 months from the date of Within three months from Draft Award to be However, Article 43.1 notes 6 months from the date of
no later than heard and submitted to the make its final Award as date of the last signature of Referral to the SCC. Can be the closure of the submitted to the SIAC that the arbitral Tribunal the transmission of the file
60 days after the closing of Tribunal for decision within soon as reasonably possible the Terms of Reference, extended by the SCC Board proceedings or relevant Registrar 45 days from the shall use reasonable efforts to the Tribunal by DIAC.
the hearing (unless nine months after the and shall endeavor to do so unless the ICC Court has upon a reasoned request phase of the proceedings. date on which the Tribunal to render an arbitral Award Can be extended at any
otherwise agreed by the preliminary conference no later than three months fixed a different time limit from the Tribunal or if This time limit may be declared the proceedings within nine months from time by (a) agreement of
parties, specified by law or required by Article 22, with after the last submission based on the procedural otherwise deemed extended by the HKIAC or closed. the date when it is the parties, or (b) by the
determined by the ICDR). the final Award rendered from the parties (whether timetable established by necessary. both parties in agreement. Can be extended by the constituted, and to DIAC Court, upon request
If the International within three months made orally or in writing), the Tribunal. parties or by the SIAC implement Article 43.1, the by the Tribunal or on its
Expedited Procedures apply thereafter. in accordance with a Can be extended upon Registrar. arbitral Tribunal shall own initiative.
the Award must be made timetable notified to the reasoned request from the consult with the parties,
within 30 days from the parties and the LCIA Tribunal or on the ICC and make a schedule of the
date of closing (unless Registrar as soon as Court’s own initiative. arbitral proceedings in
otherwise agreed by the practicable. writing to the extent
parties, specified by law or necessary and feasible as
determined by the ICDR) early as practicable.
(Article E-10).
Correction / Article 36 Article 37 Article 27 Article 36 Article 47 Articles 38 - 40 Article 33 Articles 68-70 Article 37 Articles 37-39
Interpretation of Within 30 days after receipt Within 30 days after the Within 28 days of receipt of Within 30 days from receipt Within 30 days of the Within 30 days after receipt Within 30 days of receipt of A party, within 4 weeks Within 30 days of receipt of Within 30 days after receipt
the Award, and of the Award, any party may receipt of the Award, any the Award, a party may by of the Award, any party receipt of the Award, a of the Award, either party the Award, a party may by from its receipt of the the Award, a party may by of the Award, a party with
additional Awards request the Tribunal, with party may request the written notice to the LCIA may request, by application party may, upon notice to may, with notice to the written notice to the SIAC arbitral Award, may written notice to the notice to the other parties
2
Comparison of Key International Arbitration Rules
Key International Arbitration Rules
USA Europe Far East Middle East International
Element JAMS International
ICDR Rules 2021 Arbitration Rules 2021 LCIA Rules 2020 ICC Rules 2021 SCC Rules 2017 HKIAC Rules 2018 SIAC Rules 2016 JCAA Rules 2021 DIAC Rules 2022 UNCITRAL Rules 2013
notice to the other party, to Tribunal, with notice to the Registrar (copied to other to the ICC Secretariat, the the other party, request the other parties request the Registrar and the other request the arbitral Tribunal and other party, may request the Tribunal to
(a) interpret the Award other parties, to (a) parties) request the Tribunal to (a) provide an Tribunal to (a) provide an Tribunal to (a) give an party, request the Tribunal Tribunal to (a) give an request the Tribunal to (a) (a) give an interpretation of
and/or (b) correct any interpret the Award and/or Tribunal to (a) correct any interpretation of the Award interpretation of a specific interpretation of the to (a) give an interpretation interpretation of the give an interpretation of the Award, and/or (b)
clerical, typographical or (b) correct any clerical, error in computation, and/or (b) to correct a point of the Award, and/or Award, and/or (b) correct of the Award, and/or (b) to Award, and/or (b) correct the Award, and/or (b) to correct any error in
computational errors, and/or typographical or clerical or typographical clerical, computational or (b) correct any clerical, any errors in computation, correct any error in any errors in computation, correct any clerical, computation, any clerical or
(c) make an additional Award computational errors, error, any ambiguity or typographical error or any typographical or any clerical or computation, any clerical or any clerical or typographical or typographical error or
as to claims, counterclaims, and/or (c) make an mistake of a similar nature, errors of similar nature in computational errors in the typographical errors or typographical error or any typographical errors or computational errors in the omission of a similar
or setoffs presented but additional Award as to or (b) make an additional the Award. The Tribunal Award, and/or (c) make an errors of a similar nature, error of a similar nature, errors of a similar nature, Award, and/or (c) to make nature, and/or (c) make an
omitted from the Award. claims presented but Award as to any claim or may make corrections on additional Award on claims and/or (c) make an and/or (c) to make an and/or (c) make an an additional Award in Award or an additional
The Tribunal may correct any omitted from the Award. cross-claim presented in its own initiative within 30 presented in the arbitration additional Award as to additional Award as to additional Award as to respect of claims or Award as to claims
error or make an additional If the Tribunal considers the arbitration but not days of the notification of but not determined in the claims presented in the claims presented in the claims presented in the counterclaims presented in presented in the arbitral
Award on its own initiative such a request justified, decided in any Award. the Award to the parties. Award. arbitration but omitted arbitration but not dealt arbitration but omitted the arbitration but not proceedings but not
within 30 days of the date of after considering the If the Tribunal considers The Tribunal shall submit its After giving the other party from the Award. The with in the Award. The from the Award. dealt with in any Award. decided by the arbitral
the Award. contentions of the parties, such a request justified, decision on the application an opportunity to comment Tribunal may make Tribunal may make The Tribunal may also The Tribunal may make Tribunal.
If the Tribunal considers such it shall comply with the after consulting the parties, in draft form to the ICC on the request, and if the corrections on its own corrections on its own correct any errors on its corrections on its own The Tribunal may make
a request justified after request within 30 days it shall make the correction Court no later than 30 days Tribunal considers the initiative within 30 days of initiative within 30 days of own initiative. initiative within 30 days corrections on its own
consulting the parties, it shall after the request. within 28 days of receipt of after the expiration of the request justified, it shall the date of the Award. the date of the Award. after issuing the Award. initiative within 30 days
comply with the request The Tribunal may correct the request (56 days with time limit for receipt of any make the correction or give The Tribunal shall make any If the Tribunal considers the If the Tribunal considers the after issuing the Award.
within 30 days after receipt any error on its own respect to an additional comments from the other the interpretation within 30 corrections or request to be justified, it request justified, it shall If the Tribunal considers the
of the parties’ last initiative within 30 days of Award or addendum). party or within such other days of the receipt of the interpretation it deems shall make the correction make the correction or request justified, it shall
submissions regarding the the date of the Award. The Tribunal may also period as the ICC Court may request (within 60 days appropriate (after within 30 days of receipt of interpretation within 30 make any correction or
request. correct any error or make decide. with respect to an consulting the parties) the request, subject to an days of receipt of the interpretation within 45
an additional Award upon additional Award, subject within 30 days after receipt extension if needed (within request (within 60 days for days of receipt of the
its own initiative within 28 to extension). of the request, subject to 45 days with respect to an additional Award, after request, and any additional
days of the date of the The Tribunal may make an extension if needed interpretations or an consulting the parties). Award within 60 days of
Award, after consulting the corrections on its own (within 60 days with additional Award). receipt of the request
parties. initiative within 30 days of respect to an additional (subject to an extension if
the date of the Award. Award). needed).
Expedited Article 1 (and Articles E-1 Article 21 Articles 9A and Article 14 Article 30 and Article 1 Not available under these Article 42 Article 5 Article 84 Article 32 Not available.
procedure to E-10) A party may apply in Expedited formation of the (Appendix VI) rules but a separate set of Expedited Procedure Expedited procedure Expedited arbitration Expedited procedure
The International Expedited writing to the Tribunal available on The Expedited Procedure rules for SCC Expedited applies upon application to available on application to procedures (set out at available on application to
Procedure is available Administrator for the application in cases of Rules may apply if (a) the Arbitrations are available. the HKIAC if (a) the amount the SIAC Registrar, (a) if the Articles 83-90) apply where the DIAC Court, (a) if the
where there is no claim or proceedings to be exceptional urgency. parties so agree; or (b) the in dispute does not exceed aggregate amount in the aggregate amount in aggregate amount in
counterclaim exceeding conducted according to the A Tribunal may make any amount in dispute does not the amount set by the dispute does not exceed dispute does not exceed dispute does not exceed
US$500,000 (exclusive of expedited procedures, procedural order it exceed US$2m (if the HKIAC at the time the S$6m, (b) if the parties JPY300m, or the parties AED1m (excl. interest and
interest and the costs of where either: (a) the considers appropriate with arbitration agreement was request is submitted, (b) agree, or (c) in cases of agree. costs) (or such other sum
the arbitration), unless aggregate amount in regard to the fair, efficient concluded between 1 the parties agree, or (c) in exceptional urgency. determined by DIAC), (b) if
agreed by the parties or dispute does not exceed and reasonable conduct of March 2017 and 1 January cases of exceptional the parties agree, or (c) in
otherwise determined by US$5m, (b) the parties the arbitration. 2021), or US$3m (if the urgency. cases of exceptional
the ICDR. agree, or (c) in cases of arbitration agreement was urgency.
parties may also agree to exceptional urgency (as concluded on or after 1
usethe expedited determined by JAMS). January 2021).
procedure in other cases.
Where no party’s claim or
counterclaim exceeds
US$100,000 (exclusive of
interest and the costs of
the arbitration) the dispute
shall be decided on the
basis of written
submissions alone, unless
the arbitrator determines
that an oral hearing is
necessary.
Summary A party may request leave Article 25 Article 22.1(viii) No summary dismissal Article 39 Article 43 Article 29 No summary dismissal No summary dismissal No summary dismissal
dismissal from the Tribunal to apply The Tribunal may permit The Tribunal has an express provisions specified. A party may request that A party may request that A party may apply to the provisions specified. provisions specified. provisions specified.
provisions for early disposition of any any party to file an power for early the Tribunal decide one or the Tribunal determines Tribunal for the early
3
Comparison of Key International Arbitration Rules
Key International Arbitration Rules
USA Europe Far East Middle East International
Element JAMS International
ICDR Rules 2021 Arbitration Rules 2021 LCIA Rules 2020 ICC Rules 2021 SCC Rules 2017 HKIAC Rules 2018 SIAC Rules 2016 JCAA Rules 2021 DIAC Rules 2022 UNCITRAL Rules 2013
issue, in advance of the application for summary determination of claims or more issues of fact or law one or more points of law dismissal of a claim on the
hearing on the merits. disposition of a particular defences that are by summary procedure. or fact on the basis that basis that: (a) a claim or
claim or issue, either by manifestly outside the Such issues may concern they are (i) manifestly defence is manifestly
agreement of all interested jurisdiction of the Tribunal, jurisdiction, admissibility or without merit, (ii) without merit; or (b) a
parties or at the request of or are inadmissible or the merits. manifestly outside of the claim or defence is
one party, provided other manifestly without merit. Tribunal’s jurisdiction, or manifestly outside the
interested parties have (iii) even if such points of jurisdiction of the Tribunal.
reasonable notice to law or fact are submitted
respond to the request. The by another party and are
requesting party must assumed to be correct, no
satisfy the Tribunal that the Award could be rendered in
proposed motion is likely to favour of that party.
succeed and dispose of or
narrow the issues in the
case.
Interim measures Article 7 Article 3 Article 9B Article 28 and Article 29 Appendix II Article 23 and Schedule 4 Article 30.2 and Schedule 1 Articles 75-79 Appendix II – Article 2 Not available.
prior to A party may apply for A party may apply for A party may apply for the and Appendix V A party may apply for the A party may apply for A party may file an A party may apply for A party may apply for
constitution of emergency relief prior to the emergency relief prior to immediate appointment of A party may apply to any appointment of an urgent interim or application for emergency urgent interim or emergency interim relief
Tribunal appointment of the Tribunal. the appointment of the a temporary sole arbitrator judicial authority for any emergency arbitrator until conservatory relief prior to interim relief before the conservatory relief prior to prior to the appointment of
An emergency arbitrator Tribunal. An emergency to conduct emergency interim or conservatory the case has been referred the constitution of the constitution of the Tribunal. the constitution of the the Tribunal. If the
shall be appointed by the arbitrator (usually proceedings pending measures before the case to the Tribunal. The arbitral Tribunal. An An emergency arbitrator arbitral Tribunal. If the application is accepted,
ICDR within 1 day of receipt appointed within 24 hours formation of the Tribunal. file is transmitted to the emergency arbitrator shall emergency arbitrator shall shall determine the application is successful, DIAC will seek to appoint an
of a valid application for of the application) shall This emergency arbitrator Tribunal, without infringing determine the application determine the application, application and has the the JCAA will use emergency arbitrator
emergency relief. The determine the application shall determine the or waiving the arbitration for interim relief and has and may order or Award power to order or Award reasonable efforts to within 1 day of receipt of
emergency arbitrator shall and shall enter an order or application and may make agreement or affecting the the power to order or any interim measures it any interim relief that they appoint an emergency the application.
have all the authority vested Award granting or denying any order or Award which powers of the Tribunal. Award any interim relief deems necessary or deem necessary. arbitrator within two An application for
in a Tribunal under Article 21 the relief sought. the Tribunal could make. Any party may apply for an that they deem necessary. appropriate. business days from the emergency interim relief
(Arbitral Jurisdiction). The The emergency arbitrator emergency arbitrator receipt of the application. can be made on an ex parte
emergency arbitrator shall will decide the claim for before the constitution of The emergency arbitrator basis (i.e. without notice to
determine the application, emergency relief within 14 the Tribunal and, if the will make reasonable the other party), if the
and has the power to order days of appointment. application is successful, an efforts to decide on the applying party reasonably
or Award any interim or emergency arbitrator will application within 2 weeks believes that giving notice
conservancy measures that usually be appointed within from their appointment. to the other party may
they deem necessary. 2 days from the ICC jeopardise the efficacy of
Secretariat’s receipt of the the application for
application. The emergency emergency interim relief
arbitrator shall determine and the procedural law
the application, and their applicable to the seat of the
determination shall take arbitration permits such
the form of an order. applications without notice
to the other party or
parties (Appendix II –
Article 2.2).
Interim measures Article 27 Article 31 Article 25 Article 28 Article 37 Article 23 Article 30 Article 71 Appendix II – Article 1 Article 26
after constitution The Tribunal may grant any The Tribunal may grant any The Tribunal has the power Unless otherwise agreed, The Tribunal may grant any The Tribunal may grant any The Tribunal may grant any The Tribunal may grant any The Tribunal may grant any The Tribunal may grant any
of Tribunal interim measure it deems interim measure it deems to (i) order the parties to the Tribunal may order any interim measure it deems interim measure it deems interim measure it deems interim measure it deems interim measure it deems interim measure it deems
appropriate. appropriate. pay security for costs, (ii) interim or conservatory appropriate. appropriate. appropriate. appropriate. appropriate. appropriate.
make orders concerning measure it deems
the preservation, storage, appropriate.
sale or other disposal of
property, and/or (iii) grant,
on a provisional basis, any
other relief that the
Tribunal would have the
power to make in an
Award.
Arbitration costs Article 37-38 Article 35 Article 28 Article 38 Article 49 Schedule 1 Article 35 Article 93 Article 36 and Appendix I – Article 40-41
Article 4
4
no reviews yet
Please Login to review.
