There are also arbitration rules that need to be known by the parties, these are applied in the actual arbitration process. It is important for the parties to know these because it helps them to easily understand the policies and what will be the result of the litigation.
The following are just some of the governing rules that are being followed in the international commercial arbitration process: (1) International Dispute Resolution Procedures, American Arbitration Association (AAA) Including mediation and arbitration rules, amended and effective July 1, 2003; (2) CAMCA – Commercial Arbitration and Mediation Center for the Americas – Mediation and Arbitration Rules Rules effective March 15, 1996. Rules available in English, French and Spanish; (3) IACAC – Rules of Procedure of the Inter American Arbitration Commission As amended and in effect July 1, 1988; (4).
IBA – Supplementary Rules Governing the Presentation and Reception of Evidence in International Commercial Arbitration; (5) From the International Bar Association (IBA). Entered into force May 28, 1983; (6) IBA Rules on Taking Evidence in International Commercial Arbitration Adopted by a resolution of the IBA Council June 1, 1999; (7) ICC – International Court of Arbitration Text of rules effective January 1, 1998. Available in English and French; (8) Craig, W. Laurence, William W. Park and Jan Paulsson. Craig, Park, & Paulsson’s Annotated Guide To The 1998 ICC Arbitration Rules With Commentary.
NY: Oceana Publications; Paris: International Chamber of Commerce, 1998; (9) ICC – Pre arbitral Referee Rules established for this procedure allow parties to apply to a “referee” for urgent provisional measures in relation to a dispute. In force January 1, 1990; (10) Rules of ICC as Appointing Authority in UNCITRAL or Other Ad Hoc Arbitration Proceedings; (11) ICSID Rules of Procedure for the Institution of Conciliation and Arbitration Proceedings (Institution Rules); Rules of Procedure for Arbitration Proceedings (Arbitration Rules); Rules of Procedure for Conciliation Proceedings (Conciliation Rules).
ICSID Additional Facility Rules authorize the ICSID Secretariat to administer selected types of proceedings between States and foreign nationals that fall outside the scope of the Convention; (12) New London Court of International Arbitration (LCIA).
Rules Select text under Complete International Dispute Resolution for an introductory brochure, and links to arbitrators, rules, and recommended clauses; (13) Tribunal Rules of Procedure (Iran-United States Claims Tribunal) Permanent Court of Arbitration Rules of Procedure (The Hague) Includes Optional Rules for Arbitrating Disputes between Two States (1992); Optional Rules for Arbitrating Disputes between Two Parties of which only one is a State (1993); Optional Rules for Arbitration Involving International Organizations and States (1996);
Optional Rules for Arbitration between International Organizations and Private Parties (1996); Optional Conciliation Rules (1996); Optional Rules for Conciliation of Disputes Relating to Natural Resources and the Environment (2001); Optional Rules of Procedure for Fact finding Commissions of Inquiry (1997); and Guidelines for Adapting the Permanent Court of Arbitration Rules to Disputes Arising under Multilateral Agreements and Multiparty Contracts; (14)
UNCITRAL Arbitration Rules (1976) UNCITRAL rules are available for ad hoc administration. The UNCITRAL rules cover many of the same issues as institutional rules but do not provide for the administrative supervision of an arbitral body; and (15) Procedures for Cases under the UNCITRAL Arbitration Rules As amended and effective on September 1, 2000. Provided by the American Arbitration Association (AAA).
Again these rules are very important for both the arbitrators and parties since this will also be the basis of the decision that can be made in the court. It is important for both parties understand these laws in order to minimize the conflicts during the arbitration process. On the other hand there are also again national arbitration rules that are also being followed buy the different countries. Again these can also be applied during the arbitration process whenever is necessary. The following lists below are just some of the known list of national arbitration rules applied in the different countries: • Argentina. Laws relating to arbitration. • Australia. International Arbitration Act (1974) • Austria.
Articles from the Code of Civil Procedure, the Judicature Act, and the Federal Statute on Private International Law. • Azerbaijan. Law on International Arbitration, Nov. 18, 1999. • Bahamas. Arbitration Acts. • Belarus. International Arbitration Law • Belgium. Belgian Judicial Code, Sixth Part: Arbitration. • Belize. Arbitration Act (Chapter 125) • Bermuda. Arbitration Act 1986 • Bolivia.
Law No. 1770 (March 10, 1997) • Brazil. Law No. 9307 (September 23, 1996) • Bulgaria. Law on International Commercial Arbitration: C • Canada Commercial Arbitration Act • China, People’s Republic. Arbitration Law • Colombia. Decree No. 1818 (1998). • Costa Rica. Laws relating to arbitration. • Croatia.
Arbitration Law, Official Gazette, No. 88/2001 • Cyprus. International Commercial Arbitration Law, No. 101 of 1987. • Ecuador. Laws relating to arbitration. • England. Arbitration Act 1996 In this paper it shows that International Commercial Arbitration has been mandated in resolving conflicts involving international trade and business related conflicts.
In this paper it also shows that all countries are also expected to comply it. With the detailed processes and ways on how it is formally being applied, like how to appoint a well-experienced arbitrator up to the rules and choosing the right arbitration institution must be importantly be known by the parties involved.
There are not only important but required for parties to know in order to easily appreciate how the actual arbitration process is being conducted.
Work Cited Page Chukwumerije, Okezie. “Choice of Law in International Commercial Arbitration. “ Westport, CT: Quorum Books, 1994. “Expertise Resolution Services. ” n. d. International Chamber of Commerce. N. d ; http://www. iccwbo. org/drs/english/expertise/all_topics. asp; Wenger, Jean. “International and Regional Treaties and Conventions. ”
Features – Update to International Commercial Arbitration: Locating the Resources- Law and technology Resources for legal Professionals. 24 may 2004 ; http://www. llrx. com/features/arbitration2. htm#Arbitral%20Institutions;.
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