Recent Rule Changes in International Arbitration: Key Lessons for Practitioners

Similar documents
The New ICDR International Arbitration Rules

INTERNATIONAL DISPUTE RESOLUTION PROCEDURES

Japan Arbitration Update: New JCAA Rules Comparison of Key Asian Arbitral Institutions

ICDR/AAA EU-U.S. Privacy Shield Annex I Arbitration Rules

This Webcast Will Begin Shortly

ARBITRATION RULES. Arbitration Rules Archive. 1. Agreement of Parties

SUMMARY OF CHANGES COMMERCIAL ARBITRATION RULES

Commercial Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Disputes)

The ICDR s International Arbitration Rules: Assessing the Impact of the 2014 Amendments

National Patent Board Non-Binding Arbitration Rules TABLE OF CONTENTS

The SIAC Arbitration Rules 2016: A detailed look at the new rules 1 August 2016

AAA Healthcare. Payor Provider Arbitration Rules and Mediation Procedures. Available online at adr.org/healthcare

ICDR INTERNATIONAL CENTRE FOR DISPUTE RESOLUTION ARBITRATION RULES

JAMS International Arbitration Rules & Procedures

Arbitration rules. International Chamber of Commerce. The world business organization

2017 Revisions to the ICC Rules of Arbitration and Comparison of Expedited Procedures Under Other Institutional Rules

Good Deals Gone Bad Drafting Dispute Resolution Provisions to Avoid International Disputes

RULES FOR EXPEDITED ARBITRATIONS

World Intellectual Property Organization

CIArb/IMPRESS ARBITRATION SCHEME RULES ( the Rules ) FOR USE IN ENGLAND & WALES

Consolidated Arbitration Rules

Construction Industry Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Construction Disputes)

AAA Commercial Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex, Commercial Disputes)

WIPO Mediation, Arbitration, Expedited Arbitration and Expert Determination Rules and Clauses. Alternative Dispute Resolution

A Comparison of Selected International Arbitration Rules

Saudi Center for Commercial Arbitration King Fahad Branch Rd, Al Mutamarat, Riyadh, KSA PO Box 3758, Riyadh Tel:

RULES FOR EXPEDITED ARBITRATION. of the Finland Chamber of Commerce

ARBITRATION RULES MEDIATION RULES

MODEL CLAUSES FOR ALTERNATIVE DISPUTE RESOLUTION

LOUISIANA STATE BAR ASSOCIATION LAWYER DISPUTE RESOLUTION PROGRAM RULES (Prev. Rev. 10/06/00) Effective May 1, Preamble

STREAMLINED JAMS STREAMLINED ARBITRATION RULES & PROCEDURES

Key International Arbitration Rules

Chapter 36 Mediation and Arbitration 2013 EDITION Declaration of purpose of ORS to

AAA Employment Arbitration Flowchart

ARBITRATION RULES FOR THE TRANSPORTATION ADR COUNCIL

COMPREHENSIVE JAMS COMPREHENSIVE ARBITRATION RULES & PROCEDURES

Wills and Trusts Arbitration RULES

Arbitration vs. Litigation

Chapter 36 Mediation and Arbitration 2015 EDITION

GETTING THE ARBITRATION YOU WANT

Attachment to Module 3

Arbitration Clauses: Who, What, When, Where, Why & How?

WIPO WORLD INTELLECTUAL PROPERTY ORGANISATION ARBITRATION RULES

Representing Yourself In Employment Arbitration: An Employee s Guide

ADR INSTITUTE OF CANADA, INC. ADRIC ARBITRATION RULES I. MODEL DISPUTE RESOLUTION CLAUSE

SAMPLE ARBITRATION CLAUSES BY COUNTRY

ADR Systems Model Clause Language Effective October 16, Introduction: Model Alternative Dispute Resolution Clauses for Commercial Contracts

/...1 PRIVATE ARBITRATION KIT

CPR PROCEDURES & CLAUSES. Non-Administered. Arbitration Rules. Effective March 1, tel fax

WIPO ARBITRATION AND MEDIATION CENTER

2012 ICC Rules 1998 ICC Rules. Article 1

Information About Experian Credit Educator for Enterprises' Arbitration Program

- legal sources - - corpus iuris -

International Dispute Resolution

Wills and Trusts Arbitration RULES

Arbitration is a process in which each side presents its case at a hearing to a neutral for a final and binding decision.

ARIAS U.S. RULES FOR THE RESOLUTION OF U.S. INSURANCE AND REINSURANCE DISPUTES

Rules for the Conduct of an administered Arbitration

Arbitration Law of Canada: Practice and Procedure

PARLIAMENT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA ARBITRATION ACT NO. 11 OF 1995

Emergency Arbitrator in International Arbitration Practice. Dr. Beata Gessel Kalinowska vel Kalisz Founding and Managing Partner, GESSEL

SECTION 1 INTRODUCTORY RULES...

IMechE Seminar Arbitration & Engineering

Sponsored by the International Foundation of Employee Benefit Plans

Bermuda-Form Insurance Coverage Arbitrations in London: Key Issues and Practical Considerations

International Arbitration and Dispute Resolution Practical Aspects of an International Arbitration

ARBITRATION RULES OF THE SINGAPORE INTERNATIONAL ARBITRATION CENTRE SIAC RULES (5 TH EDITION, 1 APRIL 2013)

MARITIME ARBITRATION RULES SOCIETY OF MARITIME ARBITRATORS, INC.

IMPORTANT NOTICE...3 INTRODUCTION...4. Standard Arbitration Clause...5. Administrative Fees...5 HEALTHCARE PAYOR PROVIDER RULES -- REGULAR TRACK...

B. Considerations Regarding So-Called Boilerplate Clauses in Cross-Border Commercial Transactions

Arbitration Rules of the Court of International Commercial Arbitration of the Chamber of Commerce and Industry of Romania

Uniform Arbitration Act; Mediation or Arbitration of Trust Instruments; HB 2571

Arbitration Rules. Administered. Effective July 1, 2013 CPR PROCEDURES & CLAUSES. International Institute for Conflict Prevention & Resolution

ADR CODE OF PROCEDURE

CHAPTER 9 INVESTMENT. Section A

The Arbitration Act, 1992

NC General Statutes - Chapter 1 Article 45C 1

THE ELECTRICITY ARBITRATION ASSOCIATION

Minnesota Rules of No-Fault Arbitration Procedures

RULES OF ARBITRATION

Pierce County Ethics Commission Administrative Procedures (Promulgated pursuant to Pierce County Code Ch. 3.12) Revised December 13, 2017

Mediator and Miscellaneous Provisions. ARTICLE 1 MEDIATION

Minnesota No-Fault, Comprehensive or Collisions Damage Automobile Insurance Arbitration RULES

The court annexed arbitration program.

The International Arbitration Act of 1998 is based on the UNCITRAL model law.

IN THE GENERAL COURT OF JUSTICE DISTRICT COURT DIVISION., ) Plaintiff, ) ) CONSENT STIPULATIONS FOR v. ) ARBITRATION PROCEDURES ), ) Defendant.

Arbitration Procedures Guide

ARBITRATION RULES THE NATIONAL COMMERCIAL ARBITRATION CENTER KINGDOM OF CAMBODIA

SOUTHERN GLAZER S WINE AND SPIRITS, LLC. EMPLOYMENT ARBITRATION POLICY

PART 8 ARBITRATION REGULATIONS CONTENTS

LMAA & SCMA ARBITRATION A COMPARATIVE APPROACH

TRONOX TORT CLAIMS TRUST. Individual Review and Arbitration Procedures for Category A and Category D Personal Injury Claims


RULES GOVERNING ALTERNATIVE DISPUTE RESOLUTION

Mediation/Arbitration of

ARBITRATION RULES OF THE SINGAPORE INTERNATIONAL ARBITRATION CENTRE SIAC RULES (5 TH EDITION, 1 APRIL 2013) CONTENTS

LEADR NEW ZEALAND INC. MEDIATION AGREEMENT

Procedural Decisions in ICC Arbitration

PLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts.

THE LAW SOCIETY CONVEYANCING ARBITRATION RULES

Transcription:

Recent Rule Changes in International Arbitration: Key Lessons for Practitioners Steven K. Andersen Vice President American Arbitration Association & International Centre for Dispute Resolution James R. Ferguson Partner Mayer Brown LLP Sarah E. Reynolds Associate Mayer Brown LLP May 2016

Speakers James R. Ferguson Chicago + 1 312 701 7282 jferguson@mayerbrown.com Sarah E. Reynolds Chicago +1 312 701 7644 sreynolds@mayerbrown.com Steven K. Andersen, Esq Midvale +1 619 813 2889 andersens@adr.org 2

Recent Rule Changes in International Arbitration Topics Emergency Interim Relief Consolidation Expedited Proceedings Document Exchange Discovery Limits Party Disclosure Duties Award Deadline Impact on Drafting Arbitration Clauses 3

Recent Rule Changes 4

International Case Trends 5

Emergency Proceedings ICDR Article 6: Emergency arbitration proceedings are available to parties to ICDR so long as the parties hadn t opted out of the emergency proceedings. There is no hearing requirement and, if constituted, the full arbitration tribunal can vacate or modify any emergency rulings. ICC Article 29: Emergency arbitration proceedings are available to parties to the agreement so long as the arbitration agreement was concluded before 1.1.2012 and the parties hadn t opted out of the ICC s emergency proceedings. Emergency default rulings are not allowed. LCIA Article 9: Unique allows for expedited formation of a tribunal and for appointment of an emergency arbitrator. 6

ICDR: Emergency Interim Relief 7

Consolidation ICDR Article 8: ICDR allows consolidation of two or more arbitration pending under any ICDR or AAA rules where (1) parties agree, (2) claims are made under the same arbitration agreement or (3) where arbitrations have the same legal relationship and parties. ICC Article 10: ICC allows consolidation under essentially the same circumstances as the ICDR. LCIA Article 22: Enables the arbitral tribunal to consolidate arbitrations, (1) where the parties agree in writing, and with the approval of the LCIA; and, (2) where multiple arbitrations have been commenced under the same or compatible arbitration agreements, between the same parties, provided that the arbitral tribunal has not been formed for the other arbitration(s). 8

ICDR: Consolidation Rule 9

Expedited Proceedings ICDR Articles E-1 E-10: The ICDR is unique in including rules for expedited proceedings. 10

ICDR: Expedited Proceedings Estimated 135 day cycle time to get an Award Applies for Cases below USD $250,000 Written Submissions only for USD $100,000 Detailed Submissions Arbitrator Appointment ICDR List due back within 10 Days Procedural Conference and Order due within 14 Days from Appointment Proceedings on Written Submissions due within 60 Days from Order Proceedings with an Oral Hearing held within 60 Days from Order The Award is due within 30 Days from Closing of Hearing 11

Document Exchange ICDR Article 21: The ICDR is unique in including document exchange U.S. discovery limits in its rules. 12

ICDR Document Exchange Rules 13

Party Disclosure Duties ICDR Article 13.5: Failure of a party to disclose any circumstances that may give rise to justifiable doubts as to an arbitrator s impartiality or independence within a reasonable period constitutes a waiver of the right to challenge LCIA Article 10.4: A party may challenge an arbitrator within 15 days of the formation of the tribunal or after becoming aware of a circumstances that give rise to justifiable doubts as to his impartiality or independence. 14

Award Deadline ICDR Article 30: Awards shall be made in writing by the arbitral tribunal and shall be final and binding on the parties. The tribunal shall make every effort to deliberate and prepare the award as quickly as possible after the hearing. Unless otherwise agreed by the parties, specified by law, or determined by the Administrator, the final award shall be made no later than 60 days from the date of the closing of the hearing. ICC Article 30: The time limit within which the arbitral tribunal must render its final award is six months. Such time limit shall start to run from the date of the last signature by the arbitral tribunal or by the parties of the Terms of Reference.... The Court may fix a different time limit based upon the procedural timetable. LCIA Article 15.10: Final awards are to be rendered as soon as reasonably possible after the last submission from the parties and in accordance with a timetable. 15

Drafting Arbitration Clauses Issues Checklist Scope of Arbitrable Disputes Confidentiality Conditions Precedent to Arbitration Limitations on Discovery Governing Law Timing, Length and Location of Hearing Number of Arbitrators Form of the Award Qualifications of Arbitrators Timing of the Award Selection of Arbitrators Scope of Relief Administrator Equitable Relief Governing Rules Enforcement 16

ICDR Standard Clause The ICDR offers the following model clause for international commercial contracts: "Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules." The parties should consider adding: The number of arbitrators shall be (one or three) ; The place of arbitration shall be [city, (province or state), country] ; The language(s) of the arbitration shall be. 17

Mediation Options ICDR Concurrent Clause Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules. Once the demand for arbitration is initiated, the parties agree to attempt to settle any controversy or claim arising out of or relating to this contract, or a breach thereof by mediation, administered by the International Centre for Dispute Resolution under its International Mediation Rules. Mediation will proceed concurrently with arbitration and shall not be a condition precedent to any stage of the arbitration process. 18

ICDR Team & Territories Richard Naimark, SVP NaimarkR@adr.org Europe, Middle East & India Steve Andersen, AndersenS@adr.org Canada, Mexico & U.S. Michael Lee, LeeM@adr.org Asia Luis Martinez, MartinezL@adr.org Central & South America & U.S. Thomas Ventrone, VentroneT@adr.org Administrative Offices 19

Thank You For questions, please reach out to: James R. Ferguson + 1 312 701 7282 jferguson@mayerbrown.com Sarah E. Reynolds +1 312 701 7644 sreynolds@mayerbrown.com Steven K. Andersen, Esq + 1 619 813 2889 andersens@adr.org Visit us: https://www.mayerbrown.com/experience/international-arbitration/ https://www.icdr.org 20