Part III Arbitral Rules, 16 Rules of Arbitration of the International Chamber of Commerce (ICC)

This chapter discusses the arbitration rules of the International Chamber of Commerce (ICC). It begins with a background on the ICC International Court of Arbitration, with emphasis on its role in the development of international commercial arbitration. It then examines the 2017 ICC Arbitration Rules, citing some relevant figures related to ICC arbitration for the year 2017, including the number of parties involved in cases, the arbitral tribunals, and awards rendered by arbitral tribunals. Figures on other ICC dispute resolution rules are also given. The chapter concludes with a commentary of Articles 1–42 of the ICC Arbitration Rules, which cover topics such as definitions; time limits for written notifications or communications; request for arbitration and the respondent’s counterclaims to such a request; effect of the arbitration agreement; constitution of the arbitral tribunal; appointment, confirmation, challenge, and replacement of arbitrators; and rules of law applicable to the arbitral proceedings.

Part IV International Treaties, 20 UNCITRAL Model Law on International Commercial Arbitration

This chapter provides an overview of the Model Law on International Commercial Arbitration (Model Law) of the United Nations Commission on International Trade Law (UNCITRAL). The UNCITRAL Model Law is considered one of the most important texts in international commercial arbitration and serves as a basis for harmonizing national legislation in this field. The chapter examines the drafting process for the UNCITRAL Model Law as well as the underlying objectives and principles of the Model Law, its structure (nine chapters and thirty-six articles), and its adoption by various states. It concludes with a commentary on the UNCITRAL Model Law, which covers topics ranging from basic definitions and general provisions to the arbitration agreement, the composition of the arbitral tribunal, the jurisdiction of the arbitral tribunal, the conduct of arbitral proceedings, the making of the arbitral award and recourse against the award, and the recognition and enforcement of foreign awards.

Part I Introduction, 1 Introduction

This introduction discusses arbitration as a method for resolving disputes. It first provides an overview of the advantages of arbitration as a dispute resolution mechanism and a brief historical background on the development of modern international arbitration before exploring the effects of arbitration agreements, taking into account the applicable law for the question of arbitrability (objective arbitrability and subjective arbitrability). It then considers two options between which parties can choose when deciding to settle their dispute by arbitration: institutional arbitration and ad hoc arbitration. It also analyses the parties’ right to choose—based on the principle of party autonomy—the place and language of arbitration, the substantive law applicable to the merits of the dispute, and number of arbitrators. Finally, it explains the applicable rules and general structure of arbitral proceedings as well as the enforceability of arbitral awards.

Part III Arbitral Rules, 18 The International Centre for Dispute Resolution (ICDR) Rules

This chapter discusses the international arbitration rules of the International Centre for Dispute Resolution (‘ICDR’), the international arm of the American Arbitration Association (‘AAA’). It first provides a background on the AAA and the ICDR before analysing the ICDR’s International Dispute Resolution Procedures and the significant revisions to the ICDR Rules. It then offers a commentary on some key Articles of the ICDR Rules and explains how the ICDR Rules differ from those of other arbitral institutions. The comments particularly highlight the 2014 amendments and cover topics such as the scope of the ICDR Rules; joinder and consolidation; appointment of the arbitral tribunal; arbitral jurisdiction; arbitral awards, orders, decisions and rulings; and costs of arbitration. The chapter concludes with an overview of other important AAA/ICDR innovations, rules and practices, including those with regard to international expedited procedures, administrative conferences, appointment and qualifications of the arbitrator, and the arbitral award.

Part III Arbitral Rules, 17 The United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules

This chapter discusses the arbitration rules of the United Nations Commission on International Trade Law (UNCITRAL), an institution tasked with harmonizing national laws and international commercial legal practices on a wide range of trade-related issues, from dispute resolution to international contract practices, international payments, secured transactions, procurement, and sale of goods. The chapter first provides background on the history of UNCITRAL before describing the initial adoption of the UNCITRAL Arbitration Rules, the Rules’ subsequent revision, and finally the creation of rules on transparency designed to supplement the Arbitration Rules in treaty-based investor-state arbitrations. The chapter concludes with its principal section: a Commentary on Articles 1–43 of the 2010 UNCITRAL Arbitration Rules, which covers topics ranging from scope of application of the Rules to notice of arbitration; designation of appointment authorities; composition of the arbitral tribunal; arbitral proceedings, including the appointment of experts by the arbitral tribunal; and decisions with regard to arbitral awards.

Part IV International Treaties, 21 New York Convention

This chapter focuses on the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention or NYC), the most important convention on international commercial arbitration. It first provides an overview of the content and role of the NYC before discussing its history and its future prospects. It then considers the legal nature of (international) arbitration and how the provisions in the NYC are to be interpreted. It also offers a commentary on Articles I–VII of the NYC, which cover topics such as the prerequisites for recognition and enforcement of arbitral awards, obligation to recognize and enforce foreign arbitral awards, settlements in arbitration proceedings, recognition of arbitration agreements and the requirements as to their form, grounds for refusal of recognition, and enforcement of an arbitral award, and the relationship of the NYC to international and national regulations on the recognition and enforcement of arbitral awards.