Arbitration Rules

There are several different types of arbitration rules that can be used in arbitration proceedings. Some of the most common types include the following:

  1. Institutional rules: These are rules that are adopted by an arbitration institution or association, such as the International Chamber of Commerce (ICC) or the American Arbitration Association (AAA). These institutions typically provide a range of services, including the appointment of arbitrators, the administration of the arbitration, and the issuance of awards. The parties can choose to use the institutional rules of a particular institution, or they can agree to use their own custom rules.

  2. National rules: Some countries have their own national rules of arbitration, which are typically based on international standards and best practices. These rules may be mandatory or optional, depending on the jurisdiction.

  3. Bilateral or multilateral treaties: Some countries have entered into bilateral or multilateral treaties that establish specific rules for the resolution of disputes through arbitration. For example, the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards is a treaty that has been signed by over 150 countries and provides a framework for the recognition and enforcement of arbitration awards in participating jurisdictions.

  4. Customary rules: In some cases, the parties may choose to use their own customized rules, which are agreed to by the parties as part of the arbitration agreement. These rules may be based on a particular industry or trade practice, or they may be developed specifically for the case at hand.

  5. Ad hoc rules: In some cases, the parties may choose not to use any specific rules and instead rely on the principles of fairness and impartiality to guide the arbitration process. This is known as an “ad hoc” arbitration, and it may be appropriate in cases where the parties do not want to be bound by any pre-existing rules or procedures.

It is important for parties to consult our arbitration experts on the best rules to adopt for your particular circumstances.
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