Designation of appointing authority pursuant to the 1976 arbitration rules of the united nations. Does uncitral offer legal advice in specific disputes, administer. Uncitral united nations commission on international trade. Unless otherwise agreed by the parties, when acting as appointing authority to appoint a sole arbitrator or a presiding arbitrator of a threearbitrator tribunal under the uncitral arbitration rules, the cietac hong kong arbitration center shall in general follow the listprocedure set forth in article 82 and 93. A number of the changes to the rules address one of the unique features of the uncitral rules the use of an appointing authority. Responses to the uncitral questionnaire on expedited. Uncitral arbitration rules as revised in 2010 the general assembly, recalling its resolution 2205 xxi of 17 december 1966, which established the united nations commission on international trade law with the purpose of furthering the progressive harmonization and unification of the law of international trade in the interests of. In addition to the role of designating appointing authorities, the secretarygeneral of the pca will act as the appointing authority under.
Contact details for the united nations international commission on. When acting as the appointing authority for the pur pose of appointing a sole or presiding third arbi trator pursuant to articles 62 and 73 of the uncitral arbitration rules, the court shall follow the list procedure set forth in article 63 of the uncitral arbitrati on rules, unless all parties agree that the listpr ocedure. Use of the aaa as the appointing authority, without administrative services parties who agree to arbitrate under the uncitral arbitration rules and to have the aaa act as the appointing authority may use the following clause. Ad hoc proceedings london court of international arbitration. When parties agree to use uncitral arbitration rules in arbitration, they typically specify this in the arbitration clause of their business contract. The parties may agree that the appointment shall be made directly by the appointing authority. Responses to the uncitral questionnaire on expedited arbitration. When the appointing authority is requested to appoint an arbitrator pursuant to articles 8, 9, 10 or 14, the party making the request shall send to the appointing authority copies of the notice of arbitration and, if it exists, any response to the notice of arbitration. If within thirty days after the appointment of the second arbitrator the two arbitrators have not agreed on the choice of the presiding arbitrator, the presiding arbitrator shall. Rules also grant much wider powers to appointing authorities. When properly requested or designated by agreement, the aaa will act as the appointing authority under the uncitral arbitration rules.
What role does your institution have in appointing, as well as challenges to, the arbitrator in expedited arbitration. Uncitral arbitration rules 2010 and uncitral rules on. Ciarb arbitration rules 1 december 2015 practice and. Uncitral arbitration rules the uncitral arbitration rules are a set of procedural rules widely used in ad hoc arbitrations. Determination by the arbitral tribunal or the appointing authority of the application of the expedited arbitration provisions 6. The rules shall apply, mutatis mutandis, to other versions of the uncitral rules.
Uncitral united nations commission on international. An overview consultation paper march 2018 david gaukrodger. This is of particular significance for the uncitral rules, which were originally tailored for parties choosing to undergo ad hoc arbitration, who would. When acting as the appointing authority for the purpose of appointing a sole or presiding third arbitrator pursuant to articles 62 and 73 of the uncitral arbitration rules, the court shall follow the listprocedure set forth in article 63 of the uncitral arbitration rules, unless all. The aaa will also provide administrative services both within and outside the united states to help parties and arbitrators conduct cases under the uncitral arbitration rules. An overview consultation paper march 2018 david gaukrodger investment division, directorate for financial and enterprise affairs organisation for economic cooperation and development paris, france. Commission on international trade law the uncitral rules pca case no. Uncitral arbitration clause international arbitration. While this gives the parties the opportunity to designate arbitrators of their choice, special care is required to ensure the independence and competence of the persons chosen, particularly in. Procedures for cases under the uncitral arbitration. If an appointing authority has been agreed upon by the parties or designated by the hague, and when a party so requests and the appointing authority consents to perform the function, the arbitral tribunal shall fix the amounts of any deposits or supplementary deposits only after consultation with the appointing authority which may make any. China international economic and trade arbitration commission. Procedures for cases under the uncitral arbitration rules.
This chapter examines three phenomena concerning appointing authorities that have occurred in recent arbitrations. The role of appointing authorities is generally not limited to the appointment process and requirements. In making the appointment the appointing authority shall use the following listprocedure, unless both parties agree that the listprocedure should not be used or unless the appointing authority determines in its discretion that the use of the listprocedure is not. The arbitration shall be administered by the registrar, nairobi centre for international arbitration in accordance with the ncia guidelines on uncitral rules administered arbitration and the appointing authority shall be the registrar, nairobi centre for international arbitration. Uncitral arbitration rules 273 in either case, the appointing authority may exercise its discretion in appointing the arbitrator. Parties wishing to benefit from institutional support throughout the course of the arbitral proceedings may designate acica as the administering body under the uncitral rules. Appointing authorities wield tremendous power in international arbitration. The court acting as appointing authority under the uncitral arbitration rules 1 when acting as the appointing authority for the purpose of appointing a sole or presiding third arbitrator pursuant to articles 62 and 73 of the uncitral arbitration rules, the court shall follow the list. Uncitral is not an arbitral institution, and does not administer or oversee arbitrations pursuant to the uncitral rules. Similarly, there are cases where the parties agree that the secretarygeneral will appoint the missing arbitrators in the case. The uncitral arbitration rules, adopted in 1976 and revised in 2010 and 20, entrust the secretarygeneral of the pca with the role of designating an appointing authority upon request of a party to arbitration proceedings. Spotlight on the pcas appointing authority activities pcacpa. Unless the parties have already agreed on the choice of an appointing authority, a party may at any time propose the name or names of one or more institutions or.
Uncitral arbitration rules the secretarygeneral of the pca to designate the appointing authority. When acting as the appointing authority for the pur pose of appointing a sole or presiding third arbi trator pursuant to articles 62 and 73 of the uncitral arbitration rules, the court shall follow the list procedure set forth in article 63 of the uncitral arbitrati on rules, unless all parties agree that the listpr. There was little danger that, under those circumstances, uncitral or the united nations would bear the blame for unsatisfactory arbitration. Recommends the use of the arbitration rules of the united nations commission on international trade law in the settlement of disputes arising in the context of international. Thus, the decision of how this appointing authority is. The rules of icc as appointing authority in uncitral or other arbitration proceedings shall apply when the international chamber of commerce or any authority within icc icc is empowered to act as appointing authority by agreement of the parties, designation by the secretarygeneral of the permanent court of arbitration, or otherwise. Uncitral abitration rules with new article 1, paragraph 4. Icc as appointing authority in uncitral or other ad hoc. In arbitration, one of the key steps is the constitution of the arbitral tribunal.
Icc as appointing authority in uncitral cases 47 e. As a result, the icsid appointing authority function is not exclusively the chairman or the secretarygeneral through the ballot process. The appointing authority shall, at the request of one of the parties, appoint the sole arbitrator as promptly as possible. Icc as appointing authority in uncitral or other ad hoc arbitration proceedings 2018 icc rules 22012019 by aceris law llc international arbitration is governed by a cornerstone principle, the principle of consent. Unless the parties have already agreed on the choice of an appointing authority, a party may at any time propose the. In recommending or appointing individuals to act as mediator, the appointing authority shall have regard to. International court of arbitration icc rules fo appointing.
Appointing authorities and the selection of arbitrators in. Where these rules provide for a period of time within which a party must refer a matter to an appointing authority and no appointing authority has been agreed on or designated, the period is suspended from the date on which a party initiates the. Noting that the arbitration rules were adopted by the united nations commission on international trade law at its ninth session 1 after due deliberation, 1. Draft provision 5 designating and appointing authorities 1. Uncitral arbitration rules and in articles 2 to 5 of these procedures. Roundtable participants considered a secretariat paper on appointing authorities and the selection of arbitrators in isds, essentially the same as this consultation paper. The fee of the appointing authority for the appointment of an arbitrator on behalf of the respondent was 1,000. These amounts, comprising the items covered in article 38f of the uncitral rules, were borne by the claimant in the first instance.
When designated as appointing authority under article 6 of the. The lcia regularly acts both as appointing authority and as administrator in arbitrations conducted pursuant to the uncitral arbitration rules. If your institution has functioned as an appointing authority under the uncitral arbitration rules, how long and how much does it cost, in average, for such an appointment. Icc appointing authority rules independent arbitrator. Thus, the decision of how this appointing authority is designated becomes more practically important. Presidente allende foundation calle zorrilla n 11, 1er piso derecha. Frequently asked questions arbitration united nations. Acica also acts as an appointing authority under the uncitral arbitration rules. Further, it appoints arbitrators in ad hoc cases when the arbitration agreement so provides, and acts as appointing auhtority under the uncitral arbitration rules.
Further information recommended clauses for adoption by the parties for these purposes. A party may request an appointing authority to recommend suitable candidates. Fai administers domestic and international arbitrations governed by its arbitration rules and expedited arbitration rules. China international economic and trade arbitration. While this gives the parties the opportunity to designate arbitrators of their choice, special care is required to ensure the independence and competence of the persons chosen, particularly in international proceedings.
Hoellering is a member of the 1986 united states delegation. In addition to the role of designating appointing authorities, the secretary general of the pca will act as the appointing authority under the uncitral arbitration. Appointing authority icc international chamber of commerce. Uncitral arbitration rules united nations commission on. Rules of icc as appointing authority in uncitral or other. They are applied in cases where the institute is acting as appointing authority under the uncitral arbitration rules as revised in 2010. The present rules of icc as appointing authority in uncitral or other arbitration proceedings the rules, in force as of 1 january 2018, have been made consistent with the 20 uncitral arbitration rules, the 2017 icc arbitration rules and the icc courts long practice in acting as appointing authority. The original uncitral arbitration rules were adopted in 1976 and have been used for the settlement of a broad range of disputes, including disputes between private commercial parties where no arbitral institution is involved, investorstate disputes, statetostate disputes and commercial disputes administered by arbitral institutions. Rules of icc as appointing authority in uncitral or other ad. Appointing authorities and the selection of arbitrators in investorstate dispute settlement. In ad hoc proceedings, under the hong kong arbitration ordinance, hkiac is authorized to carry out two important functions in relation to an arbitration hkiac may appoint arbitrators or umpires where the parties have failed to agree or have not designated an appointing authority or the designated appointing authority fails to carry out its function. The constitution of the arbitral tribunal shall not be hindered. Any dispute, controversy, or claim arising out of or relating to this contract, or the breach.
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