... is contested. ³⁶³ The current debate over the arbitrator’s right to grant ex parte interim measures of protection provides another point to ponder. Revisions of the UNCITRAL Model Arbitration Law would permit arbitral orders on application of only one side. ³⁵⁷ Good...

... reference to the Hong Kong Arbitration Ordinance as well as drawing comparisons with other institutional rules and the UNCITRAL Model Rules to emphasize the key issues to consider when drafting an arbitral clause or strategizing over the conduct of an arbitration. As well as offering an insider’s...

...Chapter 1 offers an introduction to arbitration in Hong Kong. Included in this chapter is a description of the business and arbitration community in Hong Kong as well as a summary of the benefits of arbitrating in Hong Kong. UNCITRAL Model Law 1.01 Hong Kong is one of the premier venues...

... Nations Commission on International Trade Law (UNCITRAL). The chapter begins by describing the most prominent international arbitration rules. It then covers the pre-dispute drafting of an arbitration clause. Finally, it offers a guide through a “typical” arbitration, whether initiated pursuant...

...Arbitrators Arbitral tribunals UNCITRAL Arbitration Rules 1.01 The London Court of International Arbitration is probably the oldest continuously established international arbitration institution in the world. ¹ Its longevity is matched by its continuing vitality: in the first six...

...UNCITRAL Arbitration Rules Arbitrators 2.01 The LCIA Rules follow a slightly disconcerting pattern in that they explain the role and function of the Court and Registrar (ie the Secretariat) in several places throughout the body of the Rules, beginning after the process of starting...

...International Centre for Settlement of Investment Disputes Arbitral tribunals Arbitrators UNCITRAL Arbitration Rules 4.01 In many ways, the formation of and challenge to the Arbitral Tribunal is the very essence of international arbitration and, in particular, the role of an arbitral...

...Awards Correction of award UNCITRAL Model Law Arbitral tribunals 7.01 The issuance of an award represents the culmination of the arbitration process, at least with respect to a particular issue or head of claim in the case of partial awards. Articles 26 and 27 of the Rules bring...

... govern the arbitration’. Similar language can be found in Article 1(3) of the 2010 UNCITRAL Rules (‘These Rules shall govern the arbitration’). Unlike Article 15(1) of the ICC Rules, the ICDR Rules do not make reference to being bound by ‘rules of procedure of a national law’. Article 1(2...

... in Article 5 of the ICC Rules, Article 2 of the LCIA Rules, and Article 19 of the 1976 UNCITRAL Rules or Article 21 of the 2010 UNCITRAL Rules. Article 3(1) Within 30 days after the commencement of the arbitration, a respondent shall submit a written statement of defense, responding to the issues...

... be and remain at all times impartial and independent of the parties; and none shall act in the 87 arbitration as advocates for any party’. ²⁵ Arbitrators acting under the 2010 UNCITRAL Rules may simply be challenged for lack of ‘impartiality and independence’. ²⁶ No apparent difference...

... institutional rules expressly acknowledge the principle of separability, including the ICC Rules, ⁴⁰ LCIA Rules, ⁴¹ and the UNCITRAL Rules. ⁴² Likewise, Article 15(2)’s recognition of the separability doctrine also facilitates the doctrine of competence-competence...

... 24.05 Article 24(2) gives the tribunal the discretion, of its own motion or upon application of one of the parties, to reopen the hearings at any time before the award is made. Unlike Article 29(2) of the 1976 UNCITRAL Rules, reopening is available even in the absence...

... of the arbitrator. If requested, an arbitrator’s invoice may be provided to the parties. However, the ICDR Rules do not contain the sort of independent ‘review mechanism’ found in some national laws ¹¹ or as recently adopted in the 2010 UNCITRAL Rules. ¹² 280 32.05 Article 32 makes clear...

... the United Nations Commission on International Trade Law (UNCITRAL) Model Law regarding the courts' control of and assistance in the proceedings that do not affect Germany' s general suitability as arbitration venue. Nevertheless, a German venue is not always on the shortlist of counsel and arbitral...

... investment treaties (BITs) entered into by Mexico establish international arbitration as the primary means of resolving disputes. The adoption of the United Nations Commission on International Trade Law (UNCITRAL) Model Law and ratification of the New York Convention had also made the judicial approach...

... in order to adapt it to the United Nations Commission on International Trade Law (UNCITRAL) Model Law on International Commercial Arbitration of 1985 with the intention to strengthen the attractiveness of Germany as a locale for international arbitration. The chapter also explores the advantages...

...International Centre for Settlement of Investment Disputes Arbitral tribunals Arbitral agreements Jurisdiction UNCITRAL Arbitration Rules 2.01 This chapter describes the evolution of arbitration and its consensual nature. Consent is the controlling factor of jurisdiction in international...