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Reference

Institutions
01 04 06 09 11 14 19 23 Abu Dhabi Commercial Conciliation & Arbitration Centre (ADCCAC) American Arbitration Association (AAA) Arbitration Center of the Iran Chamber (ACIC) Bahrain Chamber of Dispute Resolution (BCDR) China International Economic and Trade Arbitration Commission (CIETAC) Common Court of Justice and Arbitration (CCJA) Dubai International Arbitration Centre (DIAC) The DIFC-LCIA Arbitration Centre (DIFC-LCIA) Dubai International Financial Centre (DIFC) 26 29 32 35 37 39 42 45 47 Gulf Cooperation Council Commercial Arbitration Centre (GCAC) Hong Kong International Arbitration Centre (HKIAC) International Centre for the Settlement of Disputes (ICSID) International Chamber of Commerce (ICC) London Court of International Arbitration (LCIA) Qatar Financial Centre (QFC) Singapore International Arbitration Centre (SIAC) Stockholm Chamber of Commerce (SCC) Tehran Regional Arbitration Centre

Conventions
50 68 New York Convention (full text and status table) 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 Committees 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 arbitrators fees. Arbitrators 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 arbitrators 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 Centres 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 Centres 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 Centres (ADCCAC) Procedural Regulations. See the Arbitration section for best practice in drafting arbitration clauses.

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American Arbitration Association


The American Arbitration Associations (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 AAAs 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. I See the Arbitration section for best practice in drafting arbitration clauses.

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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 Tribunals 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. I 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$)


Above 0 to 10,000 Above 10,000 to 75,000 Above 75,000 to 150,000 Above 150,000 to 300,000 Above 300,000 to 500,000 Above 500,000 to 1,000,000 Above 1,000,000 to 5,000,000 Above 5,000,000 to 10,000,000

Initial Filing Fee (US$)


775 975 1,850 2,800 4,350 6,200

Case Service Fee (US$)


200 300 750 1,250 1,750 2,500

8,200

3,250

10,200 Base fee of 12,800 plus

4,000

6,000

Above 10,000,000

.01% of the amount of the claim above 10,000,000

Non-monetary claims

3,350 Filing fees capped at 65,000

1,250

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 Chinas Arbitration Law prescribes strict ethical standards for arbitrators. Previously, arbitrators had to be appointed from CIETACs 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 CIETACs chairman. They also add to the obligation on arbitrators to disclose conflicts of interest. Appointments may be challenged by application to CIETACs 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 tribunals 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 tribunals fees. Remuneration for arbitrators is quite modest, and for this reason a partys 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 partys 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 Chinas 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 Commissions arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties. I 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 Treatys 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 Cte dIvoire 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 CCJAs 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 tribunals 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 CCJAs 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 partys 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 UAEs 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. I 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 DIFCs 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 LCIAs 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 tribunals 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.

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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]. I See the Arbitration section for best practice in drafting arbitration clauses.

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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,

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GCAC

the procedure is governed by the GCACs rules, unless the parties have agreed otherwise. The GCACs 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.

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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. I See the Arbitration section for best practice in drafting arbitration clauses.

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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.

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Reference

Cost By international standards, the HKIACs 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 HKIACs 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).

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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] [insert

The arbitration proceedings shall be conducted in language] *Optional I

See the Arbitration section for best practice in drafting arbitration clauses.

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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 ICSIDs 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.

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ICSID

There is a general perception that ICSIDs 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.

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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). I 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.

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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 partys 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. I See the Arbitration section for best practice in drafting arbitration clauses.

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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 tribunals 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.

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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
I

See the Arbitration section for best practice in drafting arbitration clauses.

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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 arbitrators 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.

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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

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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.

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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.

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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 claimants 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 arbitrators fees are agreed between the parties and the arbitrator. The SIAC does not control the arbitrators 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.

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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. I See the Arbitration section for best practice in drafting arbitration clauses.

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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.

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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). The place of arbitration shall be The language to be used in the arbitral proceedings shall be
I

arbitrators

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 AsianAfrican 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 tribunals freedom of decision, suggest modifications as to the form of the award and may draw the tribunals attention to points of substance.

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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 tribunals timetable will not bring an end to proceedings. The Rules also set out the tribunals 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

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TRAC

500), the fees of the arbitrators and TRACs 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.

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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.

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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.

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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

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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.

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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.

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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.

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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.

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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.

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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

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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.

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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
1,2

Signature

Ratification, accession, succession


30 Nov 2004 27 Jun 2001

Entry into force

Afghanistan Albania Algeria Antigua and Barbuda Argentina Armenia Australia Austria Azerbaijan Bahamas Bahrain Bangladesh Barbados Belarus Belgium Benin Bolivia Bosnia & Herzegovina Botswana Brazil Brunei Darussalam

28 Feb 2005 25 Sep 2001 8 May 1989 3 May 1989

1,2 1,2

7 Feb 1989 2 Feb 1989

1,2,6 1,2

26 Aug 1958

14 Mar 1989 29 Dec 1997 26 Mar 1975 2 May 1961 29 Feb 2000 20 Dec 2006

12 Jun 1989 29 Mar 1998 24 Jun 1975 31 Jul 1961 29 May 2000 20 Mar 2007 5 Jul 1988 4 Aug 1992 14 Jun 1993 13 Feb 1961 16 Nov 1975 14 Aug 1974 27 Jul 1995 6 Mar 1992

1,2

6 Apr 1988 6 May 1992

1,2 3 1 29 Dec 1958 10 Jun 1958

16 Mar 1993 15 Nov 1960 18 Aug 1975 16 May 1974 28 Apr 1995

1,2,5

1 Sep 1993

1,2

20 Dec 1971 7 Jun 2002

19 Mar 1972 5 Sep 2002 23 Oct 1996

25 Jul 1996

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New York Convention (status table)

State

Declarations and reservations


1,3

Signature

Ratification, accession, succession


10 Oct 1961 23 Mar 1987 5 Jan 1960 19 Feb 1988

Entry into force

Bulgaria Burkina Faso Cambodia Cameroon Canada Central African Republic Chile China Colombia Cook Islands Costa Rica Cte dIvoire Croatia Cuba Cyprus Czech Republic Denmark Djibouti Dominica Dominican Republic Ecuador Egypt El Salvador Estonia Finland

17 Dec 1958

8 Jan 1962 21 Jun 1987 4 Apr 1960 19 May 1988 10 Aug 1986 13 Jan 1963

2 1,2

12 May 1986 15 Oct 1962

4 Sep 1975 1,2,10 22 Jan 1987 25 Sep 1979 12 Jan 2009 10 Jun 1958 26 Oct 1987 1 Feb 1991 1,2,5 1,2 1,2 26 Jul 1993 30 Dec 1974 29 Dec 1980 30 Sep 1993 1,2 22 Dec 1972 14 Jun 1983 28 Oct 1988 11 Apr 2002

3 Dec 1975 22 Apr 1987 24 Dec 1979 12 Apr 2009 24 Jan 1988 2 May 1991 8 Oct 1991 30 Mar 1975 29 Mar 1981 1 Jan 1993 22 Mar 1973 27 Jun 1977 26 Jan 1989 10 Jul 2002

1,2

17 Dec 1958

3 Jan 1962 9 Mar 1959

3 Apr 1962 7 Jun 1959 27 May 1998 28 Nov 1993 19 Apr 1962

10 Jun 1958

26 Feb 1998 30 Aug 1993

29 Dec 1958

19 Jan 1962

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Reference

State

Declarations and reservations


1

Signature

Ratification, accession, succession


26 Jun 1959 15 Dec 2006 2 Jun 1994

Entry into force

France Gabon Georgia Germany Ghana Greece Guatemala Guinea Haiti Holy See Honduras Hungary Iceland India Indonesia Iran (Islamic Republic of) Ireland Israel Italy Jamaica Japan Jordan Kazakhstan Kenya Korea, Republic of Kuwait

25 Nov 1958

24 Sep 1959 15 Mar 2007 31 Aug 1994 28 Sep 1961 8 Jul 1968 14 Oct 1962 19 Jun 1984 23 Apr 1991 4 Mar 1984 12 Aug 1975 1 Jan 2001 3 Jun 1962 24 Apr 2002 11 Oct 1960 5 Jan 1982 13 Jan 2002

10 Jun 1958

30 Jun 1961 9 Apr 1968

1,2 1,2

16 Jul 1962 21 Mar 1984 23 Jan 1991 5 Dec 1983

1,2

14 May 1975 3 Oct 2000

1,2

5 Mar 1962 24 Jan 2002

1,2 1,2 1,2

10 Jun 1958

13 Jul 1960 7 Oct 1981 15 Oct 2001

1 10 Jun 1958

12 May 1981 5 Jan 1959 31 Jan 1969

10 Aug 1981 7 Jun 1959 1 May 1969 8 Oct 2002 18 Sep 1961 13 Feb 1980 18 Feb 1996 11 May 1989 9 May 1973

1,2 1 10 Jun 1958

10 Jul 2002 20 Jun 1961 15 Nov 1979 20 Nov 1995

1 1,2

10 Feb 1989 8 Feb 1973

28 Apr 1978

27 Jul 1978

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New York Convention (status table)

State

Declarations and reservations

Signature

Ratification, accession, succession


18 Dec 1996 17 Jun 1998

Entry into force

Kyrgyzstan Lao Peoples Democratic Republic Latvia Lebanon Lesotho Liberia Lithuania Luxembourg Macedonia, former Yugoslav Republic of Madagascar Malaysia Mali Malta Marshall Islands Mauritania Mauritius Mexico Moldova, Republic of Monaco Mongolia Montenegro Morocco Mozambique Nepal Netherlands New Zealand 1,2 1,2 1, 2, 5 1 1 1,2 1 1 10 Jun 1958 31 Dec 1958 1,5 1 1, 9 1,2 1,2 3 1 1,2,5 11 Nov 1958 1

18 Mar 1997 15 Sep 1998

14 Apr 1992 11 Aug 1998 13 Jun 1989 16 Sep 2005 14 Mar 1995 9 Sep 1983 10 Mar 1994

13 Jul 1992 9 Nov 1998 11 Sep 1989 15 Dec 2005 12 Jun 1995 8 Dec 1983 17 Nov 1991

16 Jul 1962 5 Nov 1985 8 Sep 1994 22 Jun 2000 21 Dec 2006 30 Jan 1997 19 Jun 1996 14 Apr 1971 18 Sep 1998

14 Oct 1962 3 Feb 1986 7 Dec 1994 20 Sep 2000 21 Mar 2007 30 Apr 1997 17 Sep 1996 13 Jul 1971 17 Dec 1998

2 Jun 1982 24 Oct 1994 23 Oct 2006 12 Feb 1959 11 Jun 1998 4 Mar 1998 24 Apr 1964 6 Jan 1983

31 Aug 1982 22 Jan 1995 3 Jun 2006 7 June 1959 9 Sep 1998 2 Jun 1998 23 Jul 1964 6 Apr 1983

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Reference

State

Declarations and reservations

Signature

Ratification, accession, succession


24 Sep 2003 14 Oct 1964

Entry into force

Nicaragua Niger Nigeria Norway Oman Pakistan Panama Paraguay Peru Philippines Poland Portugal Qatar Romania Russian Federation Rwanda Saint Vincent and the Grenadines San Marino Saudi Arabia Senegal Serbia Singapore Slovakia Slovenia South Africa Spain Sri Lanka 30 Dec 1958 1, 2, 5 1 4 5 1 1,2 1,2,3 3 29 Dec 1958 1,2 1,2 1 10 Jun 1958 10 Jun 1958 1 30 Dec 1958 1,2 1,4

23 Dec 2003 12 Jan 1965 15 Jun 1970 12 Jun 1961 26 May 1999 12 Oct 2005 8 Jan 1985 6 Jan 1998 5 Oct 1988 4 Oct 1967 1 Jan 1962 16 Jan 1995 30 Mar 2003 12 Dec 1961 22 Nov 1960

17 Mar 1970 14 Mar 1961 25 Feb 1999 14 Jul 2005 10 Oct 1984 8 Oct 1997 7 Jul 1988 6 Jul 1967 3 Oct 1961 18 Oct 1994 30 Dec 2002 13 Sep 1961 24 Aug 1960

31 Oct 2008 12 Sep 2000

29 Jan 2009 11 Dec 2000

17 May 1979 19 Apr 1994 17 Oct 1994 12 Mar 2001 21 Aug 1986 28 May 1993 6 Jul 1992 3 May 1976 12 May 1977 9 Apr 1962

15 Aug 1979 18 Jul 1994 15 Jan 1995 27 Apr 1992 19 Nov 1986 1 Jan 1993 25 Jun 1991 1 Aug 1976 10 Aug 1977 8 Jul 1962

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New York Convention (status table)

State

Declarations and reservations

Signature

Ratification, accession, succession


28 Jan 1972 1 Jun 1965 9 Mar 1959

Entry into force

Sweden Switzerland Syrian Arab Republic Thailand Trinidad and Tobago Tunisia Turkey Uganda Ukraine United Arab Emirates United Kingdom 1 United Republic 1 of Tanzania United States of America Uruguay Uzbekistan Venezuela (Bolivarian Republic of) Vietnam Zambia Zimbabwe 1,2,3,8 1,2 1,2 1,2 1,2 1 3 1,2 7

23 Dec 1958 29 Dec 1958

27 Apr 1972 30 Aug 1965 7 Jun 1959

21 Dec 1959 14 Feb 1966

20 Mar 1960 15 May 1966

17 Jul 1967 2 Jul 1992 12 Feb 1992 29 Dec 1958 10 Oct 1960 21 Aug 2006

15 Oct 1967 30 Sep 1992 12 May 1992 8 Jan 1961 19 Nov 2006

24 Sep 1975 13 Oct 1964

23 Dec 1975 12 Jan 1965

30 Sep 1970

29 Dec 1970

30 Mar 1983 7 Feb 1996 8 Feb 1995

28 Jun 1983 7 May 1996 9 May 1995

12 Sep 1995 14 Mar 2002 29 Sep 1994

11 Dec 1995 12 Jun 2002 28 Dec 1994

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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. 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. 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. 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. 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. 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.

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New York Convention (status table)

On 23 April 1993 Switzerland notified the Secretary-General of its decision to withdraw the reciprocity declaration that it made upon ratification. 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. The New York Convention only applies to Malta in respect of arbitration agreements concluded after the date of Maltas 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. I

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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 ICSIDs 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 Centres 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.
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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.

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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 ICSIDs 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.

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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.

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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) Afghanistan Albania Algeria Argentina Armenia Australia Austria Azerbaijan Bahamas Bahrain Bangladesh Barbados Belarus Belgium Belize Benin Bosnia & Herzegovina Signature 30 Sep 1966 15 Oct 1991 17 Apr 1995 21 May 1991 16 Sep 1992 24 Mar 1975 17 May 1966 18 Sep 1992 19 Oct 1995 22 Sep 1995 20 Nov 1979 13 May 1981 10 Jul 1992 15 Dec 1965 19 Dec 1986 10 Sep 1965 25 Apr 1997 6 Sep 1966 14 May 1997 14 Oct 1966 13 Jun 1997 Deposit of ratification 25 Jun 1968 15 Oct 1991 21 Feb 1996 19 Oct 1994 16 Sep 1992 2 May 1991 25 May 1971 18 Sep 1992 19 Oct 1995 14 Feb 1996 27 Mar 1980 1 Nov 1983 10 Jul 1992 27 Aug 1970 Entry into force 25 Jul 1968 14 Nov 1991 22 Mar 1996 18 Nov 1994 16 Oct 1992 1 Jun 1991 24 Jun 1971 18 Oct 1992 18 Nov 1995 15 Mar 1996 26 Apr 1980 1 Dec 1983 9 Aug 1992 26 Sep 1970

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Washington Convention (status table)

State (and notification) Botswana Brunei Darussalam Bulgaria Burkina Faso Burundi Cambodia Cameroon Canada Central African Republic Chad Chile China (1) Colombia Comoros Congo Congo, Democratic Republic of Costa Rica Cte dIvoire Croatia Cyprus Czech Republic Denmark Dominican Republic Egypt El Salvador Estonia

Signature

Deposit of ratification 15 Jan 1970 16 Sep 2002 13 Apr 2001 29 Aug 1966 5 Nov 1969 20 Dec 2004 3 Jan 1967

Entry into force

15 Jan 1970 16 Sep 2002 21 Mar 2000 16 Sep 1965 17 Feb 1967 5 Nov 1993 23 Sep 1965 15 Dec 2006 26 Aug 1965

14 Feb 1970 16 Oct 2002 13 May 2001 14 Oct 1966 5 Dec 1969 19 Jan 2005 2 Feb 1967

23 Feb 1966

14 Oct 1966

12 May 1966 25 Jan 1991 9 Feb 1990 18 May 1993 26 Sep 1978 27 Dec 1965 29 Oct 1968

29 Aug 1966 24 Sep 1991 7 Jan 1993 15 Jul 1997 7 Nov 1978 23 Jun 1966 29 Apr 1970

14 Oct 1966 24 Oct 1991 6 Feb 1993 14 Aug 1997 7 Dec 1978 14 Oct 1966 29 May 1970

29 Sep 1981 30 Jun 1965 16 Jun 1997 9 Mar 1966 23 Mar 1993 11 Oct 1965 20 Mar 2000 11 Feb 1972 9 Jun 1982 23 Jun 1992

27 Apr 1993 16 Feb 1966 22 Sep 1998 25 Nov 1966 23 Mar 1993 24 Apr 1968

27 May 1993 14 Oct 1966 22 Oct 1998 25 Dec 1966 22 Apr 1993 24 May 1968

3 May 1972 6 Mar 1984 23 Jun 1992

2 Jun 1972 5 Apr 1984 23 Jul 1992

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Reference

State (and notification) Ethiopia Fiji Finland France Gabon Gambia, The Georgia Germany Ghana Greece Grenada Guatemala (2) Guinea Guinea-Bissau Guyana Haiti Honduras Hungary Iceland Indonesia Ireland Israel Italy Jamaica (3) Japan Jordan Kazakhstan Kenya

Signature

Deposit of ratification

Entry into force

21 Sep 1965 1 Jul 1977 14 Jul 1967 22 Dec 1965 21 Sep 1965 1 Oct 1974 7 Aug 1992 27 Jan 1966 26 Nov 1965 16 Mar 1966 24 May 1991 9 Nov 1995 27 Aug 1968 4 Sep 1991 3 Jul 1969 30 Jan 1985 28 May 1986 1 Oct 1986 25 Jul 1966 16 Feb 1968 30 Aug 1966 16 Jun 1980 18 Nov 1965 23 Jun 1965 23 Sep 1965 14 Jul 1972 23 Jul 1992 24 May 1966 11 Jul 1969 27 Oct 2009 14 Feb 1989 4 Feb 1987 25 Jul 1966 28 Sep 1968 7 Apr 1981 22 Jun 1983 29 Mar 1971 9 Sep 1966 17 Aug 1967 30 Oct 1972 21 Sep 2000 3 Jan 1967 10 Aug 1969 26 Nov 2009 16 Mar 1989 6 Mar 1987 14 Oct 1966 28 Oct 1968 7 May 1981 22 Jul 1983 28 Apr 1971 14 Oct 1966 16 Sep 1967 29 Nov 1972 21 Oct 2000 2 Feb 1967 11 Aug 1977 9 Jan 1969 21 Aug 1967 4 Apr 1966 27 Dec 1974 7 Aug 1992 18 Apr 1969 13 Jul 1966 21 Apr 1969 24 May 1991 21 Jan 2003 4 Nov 1968 10 Sep 1977 8 Feb 1969 20 Sep 1967 14 Oct 1966 26 Jan 1975 6 Sep 1992 18 May 1969 14 Oct 1966 21 May 1969 23 Jun 1991 20 Feb 2003 4 Dec 1968

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Washington Convention (status table)

State (and notification) Korea, Republic of Kosovo, Republic of Kuwait Kyrgyz, Republic of Latvia Lebanon Lesotho Liberia Lithuania Luxembourg Macedonia, former Yugoslav Republic of Madagascar Malawi Malaysia Mali Malta Mauritania Mauritius Micronesia Moldova Mongolia Morocco Mozambique Namibia Nepal Netherlands

Signature

Deposit of ratification 21 Feb 1967 29 Jun 2009 2 Feb 1979

Entry into force

18 Apr 1966 29 Jun 2009 9 Feb 1978 9 Jun 1995 8 Aug 1997 26 Mar 2003 19 Sep 1968 3 Sep 1965 6 Jul 1992 28 Sep 1965 16 Sep 1998

23 Mar 1967 29 Jul 2009 4 Mar 1979

8 Aug 1997 26 Mar 2003 8 Jul 1969 16 Jun 1970 6 Jul 1992 30 Jul 1970 27 Oct 1998

7 Sep 1997 25 Apr 2003 7 Aug 1969 16 Jul 1970 5 Aug 1992 29 Aug 1970 26 Nov 1998

1 Jun 1966 9 Jun 1966 22 Oct 1965 9 Apr 1976 24 Apr 2002 30 Jul 1965 2 Jun 1969 24 Jun 1993 12 Aug 1992 14 Jun 1991 11 Oct 1965 4 Apr 1995 26 Oct 1998 28 Sep 1965 25 May 1966

6 Sep 1966 23 Aug 1966 8 Aug 1966 3 Jan 1978 3 Nov 2003 11 Jan 1966 2 Jun 1969 24 Jun 1993

14 Oct 1966 14 Oct 1966 14 Oct 1966 2 Feb 1978 3 Dec 2003 14 Oct 1966 2 Jul 1969 24 Jul 1993

14 Jun 1991 11 May 1967 7 Jun 1995

14 Jul 1991 10 Jun 1967 7 Jul 1995

7 Jan 1969 14 Sep 1966

6 Feb 1969 14 Oct 1966

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Reference

State (and notification) New Zealand Nicaragua Niger Nigeria Norway Oman Pakistan Panama Papua New Guinea (4) Paraguay Peru Philippines Portugal Romania Russian Federation Rwanda Samoa So Tom and Prncipe Saudi Arabia (5) Senegal Serbia Seychelles Sierra Leone Singapore Slovak Republic

Signature

Deposit of ratification 2 Apr 1980 20 Mar 1995 14 Nov 1966 23 Aug 1965 16 Aug 1967 24 Jul 1995 15 Sep 1966 8 Apr 1996 20 Oct 1978

Entry into force

2 Sep 1970 4 Feb 1994 23 Aug 1965 13 Jul 1965 24 Jun 1966 5 May 1995 6 Jul 1965 22 Nov 1995 20 Oct 1978

2 May 1980 19 Apr 1995 14 Dec1966 14 Oct 1966 15 Sep 1967 23 Aug 1995 15 Oct 1966 8 May 1996 19 Nov 1978

27 Jul 1981 4 Sep 1991 26 Sep 1978 4 Aug 1983 6 Sep 1974 16 Jun 1992 21 Apr 1978 3 Feb 1978 1 Oct 1999 28 Sep 1979 26 Sep 1966 9 May 2007 16 Feb 1978 27 Sep 1965 2 Feb 1968 27 Sep 1993

7 Jan 1983 9 Aug 1993 17 Nov 1978 2 Jul 1984 12 Sep 1975

6 Feb 1983 8 Sep 1993 17 Dec 1978 1 Aug 1984 12 Oct 1975

15 Oct 1979 25 Apr 1978

14 Nov 1979 25 May 1978

8 May 1980 21 Apr 1967 9 May 2007 20 Mar 1978 2 Aug 1966 14 Oct 1968 27 May 1994

7 Jun 1980 21 May 1967 8 Jun 2007 19 Apr 1978 14 Oct 1966 13 Nov 1968 26 Jun 1994

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Washington Convention (status table)

State (and notification) Slovenia Solomon Islands Somalia Spain Sri Lanka St Kitts and Nevis St Lucia St Vincent and the Grenadines Sudan Swaziland Sweden Switzerland Syria Tanzania Thailand Timor-Leste Togo Tonga Trinidad and Tobago Tunisia Turkey (6) Turkmenistan Uganda Ukraine United Arab Emirates

Signature

Deposit of ratification 7 Mar 1994 8 Sep 1981 29 Feb 1968 18 Aug 1994 12 Oct 1967 4 Aug 1995 4 Jun 1984 16 Dec 2002

Entry into force

7 Mar 1994 12 Nov 1979 27 Sep 1965 21 Mar 1994 30 Aug 1967 14 Oct 1994 4 Jun 1984 7 Aug 2001

6 Apr 1994 8 Oct 1981 30 Mar 1968 17 Sep 1994 11 Nov 1967 3 Sep 1995 4 Jul 1984 15 Jan 2003

15 Mar 1967 3 Nov 1970 25 Sep 1965 22 Sep 1967 25 May 2005 10 Jan 1992 6 Dec 1985 23 Jul 2002 24 Jan 1966 1 May 1989 5 Oct 1966 5 May 1965 24 Jun 1987 26 Sep 1992 7 Jun 1966 3 Apr 1998 23 Dec 1981

9 Apr 1973 14 Jun 1971 29 Dec 1966 15 May 1968 25 Jan 2006 18 May 1992

9 May 1973 14 Jul 1971 28 Jan 1967 14 Jun 1968 24 Feb 2006 17 Jun 1992

23 Jul 2002 11 Aug 1967 21 Mar 1990 3 Jan 1967 22 June 1966 3 Mar 1989 26 Sep 1992 7 Jun 1966 7 Jun 2000 23 Dec 1981

22 Aug 2002 10 Sep 1967 20 Apr 1990 2 Feb 1967 14 Oct 1966 2 Apr 1989 26 Oct 1992 14 Oct 1966 7 Jul 2000 22 Jan 1982

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Reference

State (and notification) United Kingdom United States of America Uruguay Uzbekistan Venezuela Yemen, Republic of Zambia Zimbabwe

Signature

Deposit of ratification 19 Dec 1966 10 Jun 1966

Entry into force

26 May 1965 27 Aug 1965

18 Jan 1967 14 Oct 1966

28 May 1992 17 Mar 1994 18 Aug 1993 28 Oct 1997 17 Jun 1970 25 Mar 1991

9 Aug 2000 26 Jul 1995 2 May 1995 21 Oct 2004 17 Jun 1970 20 May 1994

8 Sep 2000 25 Aug 1995 1 Jun 1995 20 Nov 2004 17 Jul 1970 19 Jun 1994

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Washington Convention (status table)

Declarations and reservations


1 China has declared that the Chinese Government would only consider submitting to ICSIDs 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 ICSIDs 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 ICSIDs 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 ICSIDs jurisdiction. I

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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

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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 darbitrage 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, dindustrie et dagriculture 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 DIFCLCIA 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

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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 lOrganisation pour lHarmonisation 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

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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

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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

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