Choose Arbitration Rules
Date in brackets indicates the year the current rules came into force.
American Arbitration Association AAA (2022) | China International Economic and Trade Arbitration Commission CIETAC (2024) | China Maritime Arbitration Commission CMAC (2021) | Hong Kong International Arbitration Centre HKIAC (2024 Administered Arbitration Rules) | International Chamber of Commerce ICC (2021) | International Centre for Dispute Resolution ICDR (2021) | London Court of International Arbitration LCIA (2020) | Stockholm Chamber of Commerce SCC (2023) | Singapore International Arbitration Centre SIAC (2016) | Tokyo Maritime Arbitration Commission of the Japan Shipping Exchange, Inc TOMAC (2024) | United Nations Commission of International Trade Law UNCITRAL (2013) |
Chartered Institute of Arbitrators CIArb (2015) |
London Maritime Arbitration Association LMAA (2021) | Singapore Chamber of Maritime Arbitration SCMA (2022) | |
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
How to commence arbitration | §4(a) – Demand for Arbitration filed with supporting documents (through AAA WebFile, an AAA office or by email to AAA) at AAA (and served on opposing party) who, upon reviewing, will notify the parties of receipt of the Demand. | §11 & 13 – Request for Arbitration to CIETAC who, after review and acceptance, serves both parties with Notice of Arbitration. | §11 to 13 - Request for Arbitration received by CMAC’s Arbitration Court who will send it to the Respondent once formalities are complete. | §4.1 – Notice of Arbitration communicated to the other party and HKIAC. | §4(1) – Request for Arbitration sent to the ICC Court Secretariat who then notifies the other party. | §2 – Notice of Arbitration sent to the ICDR Administrator and the other party. Claimant may also initiate the arbitration online through the Administrator’s AAA WebFile. | §1 - Request sent to the LCIA and the other party electronically. | §8 & 9 – Request sent to the SCC Board Secretariat who then notifies the other party. | §3.1 – Notice of Arbitration filed with the Registrar. | §5(1) – Statement of Claim and related documents filed with Secretariat of Japan Shipping Exchange. | §3.2 – Notice of arbitration sent to the other party by Claimant. | §3.2 – Notice of Arbitration sent to the other party by Claimant. |
§4 – Determined by the English Arbitration Act 1996 s14(4) – Occurs when one party serves a notice on the other party in writing requiring the appointment of an arbitrator or agreement as to the appointment of an arbitrator. |
§6.1 – Notice sent to the other party in writing by Claimant. |
How many arbitrators | §17 – 1, unless agreed otherwise by the parties or AAA, in its discretion or at the request of a party, determines that 3 arbitrators be appointed. | §25 – 3 arbitrators in the absence of an agreement of the parties, otherwise 1. | §29 – 3 arbitrators in the absence of agreement by the parties (provided that this does not conflict with the law of the seat) or provided by the rules, otherwise 1. | §6.1 – In the absence of an agreement between the parties in advance or within 30 days of a Notice of Arbitration, 1 or 3 arbitrators as determined by HKIAC. | §12(2) – 1 in the absence of an agreement between the parties unless the ICC Court decides 3 arbitrators is appropriate. Under Expedited Procedure Rules (Appendix VI), the Court may appoint a sole arbitrator notwithstanding a contrary provision in the arbitration agreement. | §12 – 1 in the absence of an agreement between the parties unless the ICDR decides 3 arbitrators is appropriate. | §5.8 – 1 in the absence of an agreement in writing between the parties unless LCIA Court decides 3 arbitrators (or exceptionally, more than 3) is appropriate. | §16 – In the absence of an agreement between the parties it is determined by the SCC Board as to whether it should be 1 or 3 arbitrators. | §9.1 – 1 in the absence of an agreement, unless it appears to the Registrar that the complexity, quantum involved or other relevant circumstances of the dispute, warrants the appointment of 3 arbitrators. | §16(3) – 3 arbitrators, unless the parties have nominated the same person and have no objection to a sole arbitrator, in which case, 1. | §7 – 3 arbitrators unless 1 is agreed by the parties in advance or within 30 days of notice of arbitration or if appointed by the appointing authority at the request of a party in certain circumstances. | §7 - 3 arbitrators unless 1 is agreed by the parties in advance or within 30 days of the notice of arbitration or where a party fails to nominate a second arbitrator and CIArb appoints 1 arbitrator at a party’s request. | §8 – If no provision in the arbitration agreement, then the agreement shall be deemed to provide for 3 arbitrators. | §8.2 – In the absence of an agreement between the parties, 3 arbitrators will be appointed. |
Who appoints arbitrators |
§13 to 15 – Unless parties name an arbitrator or specify an appointment method, AAA shall provide a list of 10 arbitrators from the National Roster and parties are encouraged to agree an arbitrator from the list. If the parties are unable to agree an arbitrator, each party has 14 days in which to strike out names they object to and rank the remaining names in order of priority. From the list and in accordance with the order of priority, AAA shall invite the relevant arbitrator(s). The chair may be appointed by the parties, the party-appointed arbitrators, or the AAA, with all but the parties making use of the National Roster list. |
§26 – Unless otherwise agreed by the parties, they are restricted to nomination of arbitrators from the Panel of Arbitrators. §27 – For tribunal, each party nominates an arbitrator within 15 days of receipt of the Notice of Arbitration and jointly nominate the presiding arbitrator within 15 days of the Respondent’s receipt of the Notice by each party recommending 1 to 5 candidates with the common candidate appointed by the Chairman of CIETAC. Where parties fail to nominate, or there is no single common candidate, appointment is by the Chairman of CIETAC. §28 – A sole arbitrator is appointed in the same way as the presiding arbitrator. |
§30 – Parties nominate arbitrators from CMAC Panel of Arbitrators, where Sole Arbitrator or Presiding Arbitrator, otherwise from outside CMAC’s Panel. §31 – For tribunal, each party nominates, or entrusts the Chairman of CMAC to appoint, an arbitrator within 15 days after receipt of the Notice of Arbitration and jointly nominate the Presiding Arbitrator within 15 days by each party recommending 1-5 candidates with the common candidate appointed by CMAC’s Chairman, or otherwise decided by CMAC’s Chairman. Where parties fail to jointly nominate or recommend the Presiding Arbitrator, the two appointed arbitrators shall jointly nominate the Presiding Arbitrator. §32 – A sole arbitrator is appointed in the same way as the Presiding Arbitrator but with appointment by Chairman of CMAC in all circumstances. |
§7 – Where parties have agreed to 1 arbitrator before commencement, parties have 30 days to jointly designate. If post-commencement (or HKIAC decides referral is for 1 arbitrator), it is a joint designation by the parties within 15 days. §8 – Where there is an agreement to 3 arbitrators before commencement, the Claimant is to designate in the Notice and the Respondent is to designate in the Answer. If post-commencement (or HKIAC decides referral is for 3 arbitrators), the Claimant has 15 days to designate and the Respondent 15 days thereafter. Party designated arbitrators designate the presiding arbitrator. HKIAC appoints where parties or the arbitrators fail to act within the prescribed time periods. §9 – HKIAC confirms all appointments. Practice Note on Appointment of Arbitrators dated 28 September 2021. |
§12 – Parties decide by agreement or nomination (to be confirmed by the ICC Court) and in the absence of an agreement, the ICC Court will appoint. §12(9) – In exceptional circumstances the Court may appoint each member of the tribunal to avoid a significant risk of unequal treatment and unfairness that may affect the validity of the award. |
§13.1 – Parties may agree on the procedure for appointment of arbitrator(s). If no agreement reached, the ICDR will appoint using its list method. | §5 & 7 – Unless the parties have agreed to nominate the arbitrator(s), a tribunal selected and appointed by LCIA Court with due regard to the method or criteria of selection agreed in writing by the parties and taking into account various factors concerning the dispute. | §17(3) & 17(4) – Where there is 1, parties have 10 days to jointly appoint failing which the SCC Board appoints. Where there is more than 1, each party to appoint an equal number and the SCC appoints the chairperson (and arbitrator where a party fails to do so). |
§9 – Arbitrators nominated by the parties shall be subject to appointment by the President in their discretion, regardless of the arbitration agreement. §10 – Where a sole arbitrator, it is a joint appointment within 21 days of request, otherwise by the President. §11 – Where 3 arbitrators, each party nominates an arbitrator but if a party fails to nominate within 14 days of the first nomination, an appointment will be made on their behalf by the President. The third arbitrator is to be nominated by parties in accordance with the arbitration agreement and appointed by the President. |
§16 – Each party nominates an arbitrator and the two nominated arbitrators shall nominate a third arbitrator, with TOMAC appointing the nominated arbitrators, unless the relevant nominations have not been made, where TOMAC will appoint taking account of the parties’ intentions. | §6, 8 to 10 – By the appointing authority either agreed by the parties or designated by the Secretary-General of the Permanent Court of Arbitration at The Hague. If 1, parties can agree on the appointment to be made by the appointing authority otherwise it will use a list procedure. If 3, then each party appoints an arbitrator and together those 2 arbitrators appoint the presiding arbitrator, otherwise they are appointed by the appointing authority. |
§6, 8 to 10 – Unless otherwise agreed by the parties, by CIArb. If 1, parties can agree on the appointment or request appointment to be made by the CIArb using list procedure. If 3, then each party appoints an arbitrator and together those 2 arbitrators appoint the third arbitrator (who will be the presiding arbitrator), otherwise they are appointed by CIArb. Where 2 appointed arbitrators fail to appoint the presiding arbitrator, they shall be appointed by the CIArb using the appointment procedure for 1. |
§8 to 11 – Provides for appointment of 1, 2 or 3. If 3, each party appoints 1, who together appoint a third at any time prior to the substantive hearing or if unable to agree on any matter. The third arbitrator shall be the chairperson. If 2, an umpire may be appointed. If 1 arbitrator cannot be agreed by the parties, then a party can call on the President of the LMAA to make an appointment. Where one party fails to appoint its own arbitrator within 14 days, then the party referring the dispute to arbitration may appoint its arbitrator as sole arbitrator. |
§8.3 If 1, and the parties are unable to agree within 14 days, the chairperson of SCMA shall appoint 1 upon the application of a party. §8.4 – If 3, each party appoints 1 then the 2 appointed shall appoint the third. However, 2 arbitrators once appointed can constitute a tribunal until (i) a substantive hearing or (ii) they cannot agree on any matter relating to the hearing. |
Restrictions on nationality of arbitrators |
§16 – None. Where parties are of different nationalities, at the request of any party or on its own initiative, the AAA may appoint an arbitrator of a different nationality than those of the parties. |
§30 – No absolute restrictions. Where appointment is by Chairman of CIETAC, consideration is given to applicable law, the place of arbitration, language, nationality, type of dispute and any other factor considered relevant. | §34 – No absolute restrictions. Where appointment is by Chairman of CMAC, consideration is given to applicable law, the seat of arbitration, language, nationality, parties’ agreement and other factors considered relevant by CMAC. |
§11 – In the absence of an agreement between the parties, the general rule is that the sole or presiding arbitrator shall not have the same nationality as any party. The general rule may be varied in appropriate circumstances and where no party objects. |
§13(5) – Where the Court is to appoint the sole arbitrator or president of tribunal, they shall usually be of a different nationality to the parties. §13(6) – For treaty-based arbitration, no arbitrator usually has the same nationality of any party to the arbitration. |
§13.4 – If there is no agreement on arbitrator(s), the ICDR may appoint nationals of a country other than that of any of the parties. | §6.1 – A sole arbitrator or the presiding arbitrator is not permitted to be the same nationality as one of the parties unless the parties who are not of that nationality agree. | §17(6) – A sole arbitrator or the chairperson is not permitted to be the same nationality as one of the parties unless otherwise agreed by the parties or the SCC deems it appropriate. | None. | §15 – Parties may only nominate an arbitrator from the Panel of TOMAC Arbitrators (the “Panel”), and if they have no connection with the parties or the matter in dispute. TOMAC may appoint an arbitrator from outside the Panel where it deems necessary. | §6.7 – No restrictions but the appointing authority will consider whether to appoint an arbitrator of a nationality other than the nationality of the parties. | §6 - No restrictions but CIArb will consider whether to appoint an arbitrator of a nationality other than the nationality of the parties. | None. Nor do the rules address the need for the arbitrator to be independent and impartial. | None. |
Time limits for challenging the appointment of arbitrators | §19 – No specific time limit for challenging an arbitrator’s appointment. | §32 – 10 days from the receipt of disclosure / arbitrator’s Declaration, or within 15 days of receipt of the Notice of Formation of the tribunal, or within 15 days of becoming aware of the reason for the challenge, but no later than the conclusion of the last oral hearing. | §36 – Within 10 days of receipt of disclosure/arbitrator’s Declaration or within 15 days of receipt of the Notice of Constitution of the tribunal or within 15 days of becoming aware of grounds for withdrawal, but no later than the conclusion of the last oral hearing. |
§11.7 – 15 days from when confirmation or appointment of the arbitrator is communicated to the challenging party or within 15 days of the party becoming aware of the circumstances for challenge. Note this notice must be accompanied by a non-refundable HKD 50,000 fee (2024 Schedule of Fees). |
§14(2) – 30 days from notification of the appointment of the arbitrator or becoming aware of the relevant circumstances. | §15.1 – Within 15 days from notification of the appointment of the arbitrator or becoming aware of the relevant circumstances. | §10.3 – 14 days from the formation of the tribunal or becoming aware of any grounds detailed in §10. | §19(3) – 15 days from the date on which disqualifying circumstances become known. | §15.1 – Within 14 days of the notice of appointment, or when circumstances become known or should reasonably be known by that party. | §21(1) and (2) – No specific time limit, however if a party desires to challenge an arbitrator, the proceedings will be suspended until the challenge is resolved. | §13.1 – 15 days from the appointment of the arbitrator or from becoming aware of the relevant circumstances. | §11 to 13 - 15 days from appointment of the arbitrator or from becoming aware of the relevant circumstances giving rise to justifiable doubt as to impartiality or independence. | None. | §12.2 – 14 days from the appointment of the arbitrator or becoming aware of the relevant circumstances. |
Appointment in multi-party disputes | §13(c) – Unless the parties have agreed otherwise, AAA may appoint all the arbitrator(s). | §29 – The multi-party side to nominate jointly or jointly entrust the Chairman of CIETAC to appoint. If the multi-party side fails to jointly nominate or entrust, the Chairman of CIETAC appoints all members of the tribunal and will designate the presiding arbitrator. | §33 – The multi-party side to nominate jointly or jointly entrust the Chairman of CMAC to appoint. If the multi-party side fails to jointly nominate or entrust, the Chairman of CMAC appoints that arbitrator. Otherwise in accordance with §31 and 32 as applicable. | §8.2 – Where a dispute is referred to 3 arbitrators, multiple claimants (jointly) and multiple respondents (jointly) appoint using the same procedure as a single party. If all parties on one side do not agree, HKIAC may appoint all tribunal members with or without regard to a party’s designation. | §12(6) to (8) – The ICC Court appoints the full tribunal and designates the president unless all parties have previously made a joint nomination. | §13.5 – Unless the parties agree otherwise, the ICDR will appoint all arbitrators no later than 45 days after the commencement of the arbitration. | §8 – Unless parties have agreed that they collectively represent two separate sides, the LCIA Court shall appoint a tribunal without regard to any party’s entitlement or nomination. | §17(5) – Multiple claimants (jointly) and multiple respondents (jointly) appoint an equal number of arbitrators and if one side fails to make an appointment the SCC may appoint the entire tribunal. |
§12.1 - For one arbitrator, the parties may agree to jointly nominate within 28 days, otherwise the President shall appoint the sole arbitrator. §12.2 – For three arbitrators, the claimants shall jointly nominate one, the respondents shall jointly nominate one, with the third arbitrator being appointed as normal. |
§17 – TOMAC appoints an arbitrator(s) taking into account all parties’ intentions. | §10.1 – Multiple claimants (jointly) and multiple respondents (jointly) shall appoint one arbitrator. | §10.1 - Unless the parties have agreed otherwise, where 3 arbitrators are to be appointed, multiple claimants (jointly) and multiple respondents (jointly) shall appoint one arbitrator. Guide to Multiparty Arbitration available. | Not addressed. | §9 – For 3 arbitrators, the claimants shall jointly appoint 1 and the respondents shall jointly appoint 1. Where claimants or respondents unable to agree on their party appointed arbitrator, the chairperson of the SCMA shall appoint on application of any party. |
Joinder, Consolidation, Multiple parties |
§8– Unless all parties agree to consolidate, party requesting consolidation must file a request with AAA and all parties within 90 days from the date the last arbitration was filed. Absent consent of all parties for joinder, the requesting party shall submit a request to the AAA before the appointment of an arbitrator or within 90 days from the date that AAA determines all filing requirements are fulfilled. Unless an arbitrator is appointed, the AAA shall appoint an arbitrator for the sole purpose of deciding consolidation and joinder requests. |
§18 – Joinder made by request showing that the additional party is bound by an agreement invoked in the arbitration and approval by CIETAC (who hears from all parties if tribunal considers joinder necessary) is given. §19 – At the request of a party, CIETAC may consolidate claims if all claims are made under the same or compatible arbitration agreements involving the same parties, or related multiple contracts, or parties have agreed. §14 – A single arbitration may be initiated under multiple contracts. |
§18.1 – Joinder on application to CMAC showing that the additional party is bound by same arbitration agreement and if application is filed after the constitution of tribunal and tribunal considers joinder necessary, after consultation with all parties including the joinder. §19.1 – Unless the arbitration agreement expressly precludes consolidation of arbitration, CMAC may, at a party’s request, consolidate if: all claims are made and based on the same arbitration agreement or multiple arbitration agreements which are identical or compatible and involve the same parties and same nature of legal relationships or consist of principal and ancillary contracts; all disputes relate to the same transaction or series of transactions; or all parties agree to consolidation. §14 – A single arbitration may be initiated under multiple contracts. |
§27 – Joinder on request no later than the Statement of Defence unless there are exceptional circumstances. Must show prima facie proof that the additional party is bound by the arbitration agreement and all parties, including the additional party, expressly agree. §28 – Consolidation on request where all parties agree, all claims are made under the same arbitration agreement or a common question of law or fact, rights to relief arise from the same transaction or series of related transactions and the arbitration agreements are compatible. §30 – Where there is the same tribunal and a common question of law or fact arises, the tribunal may, after consulting the parties, conduct two or more arbitrations at the same time, or consecutively or suspend one until after the determination of another. §29 – A single arbitration may be initiated under multiple contracts. |
§7(1) – Joinder is permitted prior to the confirmation/appointment of any arbitrator, unless it is agreed by all parties including the additional party or as provided for by §7(5). §7(5) – After confirmation or appointment of any arbitrator, any request for joinder shall be decided by the tribunal. In deciding the request, the tribunal shall take into account all relevant circumstances, and this is without prejudice to the tribunal’s decision as to its jurisdiction to that party. §10 – At a party’s request, the ICC Court can consolidate pending ICC arbitrations where the parties agree; all claims made under the same arbitration agreement; or the same parties are involved, in connection with the same legal relationship, and the ICC finds the arbitration agreements compatible. §9 – Claims arising out of more than one contract may be made in a single arbitration. |
§8 – Joinder is permitted prior to arbitrator appointment. After appointment, joinder permitted with the agreement of all parties or determination of tribunal and consent of additional party. §9 – ICDR may consolidate other ICDR or AAA arbitrations so long as parties agree, all claims and counterclaims are made under the same agreement, or arbitrations involve the same/related parties, legal relationship, and the arbitration agreements are compatible. |
§1.2 – Claimant can serve composite request although arbitrations proceed separately. §22.1(x) – Joinder on the application of an existing party to tribunal; requires written consent of the third party and applicant. §22A/22.7 – Consolidation on application to the tribunal and subject to approval by the LCIA Court: where all parties consent; or where LCIA arbitrations have been commenced under the same/comparable arbitration agreement between the same parties or arising out of the same transaction or series of related transactions and no tribunal has been appointed or is composed of the same arbitrators. §22.8 – Alternatively consolidation at the determination of the LCIA Court where all parties consent in writing or prior to formation of tribunal after seeking the views of the parties. §22A/§22.7 – Two or more related arbitrations with the same arbitrators can be conducted concurrently on application to the tribunal and subject to approval by the LCIA Court. |
§13 – Joinder on the request of a party which must be made as early as possible to the SCC Board. §15 – On the request of a party, the SCC Board may consolidate a newly commenced arbitration with a pending arbitration if: the parties agree; all claims are made under the same arbitration agreement; or where the relief sought arises out of the same transaction or series of transactions and the SCC Board considers the arbitration agreements to be compatible. §14 – Parties may make claims arising out of more than one contract in a single arbitration. |
§6 – Claimant can serve a single Notice of Arbitration but will be treated as having commenced multiple arbitrations until consolidated. §7 – Joinder on the application of a party or non-party where the third party is prima facie a party to the arbitration agreement or all parties consent. § §8 – Consolidation of two or more arbitrations on application to the Court or tribunal into the first commenced arbitration if all parties agree, claims are under the same arbitration agreement or the arbitration agreements are compatible and related. |
§27 & 28 – No provision dealing with joinder but TOMAC may decide to consolidate where multiple contracts involve the same ship or charter party, shipbuilding contract, ship sale and purchase agreement or the issues of law or fact are mutually related to each other, at the application of any party or at its discretion. This can include a party who requests to participate in the arbitration and brings a claim for independent relief or remedy. Where multiple proceedings are not consolidated, TOMAC may decide to make multiple proceedings progress simultaneously. |
§17.5 – Joinder on the request of a party and only if the third party is party to the arbitration agreement. The joinder cannot prejudice any party. | §17.5 – Joinder on the request of a party and only if the third party is a party to the arbitration agreement. The joinder cannot prejudice any party. Appendix II - Matters for consideration at the case management conference include whether all necessary or appropriate parties have been joined (item 23) and existence of additional arbitrations pending between the same or similar parties that might be consolidated or taken into consideration in the interest of efficiency (item 24). | No provision but §17(b) allows for two or more arbitrations to be heard concurrently where they appear to raise common issues of fact or law. |
§29.1 – If parties agree then tribunal has the power to add other parties (with their consent) and make a single final award. §29.2 - Where 2 or more arbitrations appear to raise common issues of fact or law, then the tribunal can direct that they are heard concurrently or consecutively. |
Governing law | Not addressed. |
§52.2 – In the absence of an agreement or where parties’ agreement conflicts with any mandatory provision of law, the tribunal shall determine the law applicable to the merits of the dispute. |
§58.2 – In the absence of agreement or where parties’ agreement conflicts with a mandatory provision of law, the tribunal shall determine on the law applicable to the substantive issues. | §36.1 – The tribunal shall apply the rules of law agreed upon by the parties. If there is no designation, the tribunal shall apply the rule of law it determines appropriate. | §21 – The parties are free to agree upon the rules of law to be applied to the merits of the dispute. Failing which the tribunal shall apply the rules of law it determines to be appropriate. | §34 – The tribunal shall apply the law agreed by the parties. Failing an agreement, the tribunal shall apply the rule of law it deems appropriate. |
§22.3 – The tribunal shall decide the dispute in accordance with the law chosen by the parties. If the tribunal decides that the parties have made no such choice, they shall apply the law which they consider appropriate. |
§27(1) – Unless agreed upon by the parties, the tribunal shall apply the law that it considers most appropriate. | §31 –The tribunal shall apply the law or rules of law designated by the parties or those it determines are appropriate and take into account any applicable usage of trade. | Not addressed. | §35 – The tribunal shall apply the rules of law designated by the parties, failing which the tribunal will apply the law which it determines to be appropriate. | §35 - The tribunal shall apply the rules of law designated by the parties. Failing which the tribunal will apply the law which it determines to be appropriate. | §6 – In the absence of any agreement to the contrary, the law applicable to the arbitration is English law. | §31 – The tribunal shall apply the law designated by the parties, failing which the tribunal will apply the law determined by the conflict of laws rules which it considers applicable. |
Seat: normally determines the applicable procedural law | §12 – Unless specified in the Arbitration Agreement, the parties may agree on the locale where arbitration will be held. |
§7 – Absent an agreement of the parties or other determination by CIETAC, the seat is the domicile of CIETAC or its sub-commission administering the case. |
§7 – Absent an agreement of the parties or other determination by the Arbitration Court or tribunal, the seat shall be domicile of CMAC or its Shanghai Headquarters/ sub-commission/ arbitration centre administering the case. | §14.1 – Absent an agreement of the parties, the seat shall be Hong Kong unless the tribunal determines that another seat is more appropriate. | §18(1) – Unless otherwise agreed by the parties, this will be determined by the ICC Court. | §19.1 – Unless otherwise agreed by the parties, the ICDR will initially determine, and the tribunal will finally decide the seat within 45 days of constitution. | §16.2 – Unless otherwise agreed by the parties, the seat will be London (England) unless the tribunal decides otherwise. | §25(1) – Unless agreed upon by the parties, the SCC Board shall decide the seat of the arbitration. | §21 – The parties may agree on the seat, failing which the seat shall be determined by the tribunal. | §14 – Tokyo or Kobe, but where no place is designated or the designation is unclear, Tokyo shall be the place of arbitration. | §18.1 – Determined by the tribunal unless the parties have agreed it. | §18.1 - Determined by the tribunal having regard to the circumstance of the case unless the parties have agreed it. | §6 – In the absence of any agreement to the contrary, the seat of the arbitration will be England. | §32 – Unless parties agree otherwise, the seat of the arbitration will be Singapore. |
Language | Not addressed. | §84 – Unless the parties have agreed otherwise, the language of the arbitration will be Chinese. | §82 – Unless otherwise agreed by the parties or nominated by the Arbitration Court or tribunal, the language of arbitration will be Chinese. | §15 – Arbitration shall be conducted in the language of the arbitration. If not agreed, the parties can communicate in either English or Chinese until the tribunal determines the language of the arbitration. |
§20 – In the absence of party agreement, the tribunal shall determine the language(s) of the arbitration having regard to all relevant circumstances including the language of the contract. |
§20 – Unless otherwise agreed by the parties or the tribunal so determines, the arbitration shall be in the language of the documents containing the arbitration agreement. | §17.1 – Unless otherwise agreed by the parties, the prevailing language is that of the arbitration agreement. | §26 – Unless agreed by the parties, the tribunal will determine the language(s) of the arbitration taking account of all relevant circumstances and comments of the parties. | §22 – Unless otherwise agreed by the parties, the tribunal shall determine the language to be used in the arbitration. | §31 – In domestic arbitrations, Japanese and in international arbitrations, English. | §19 – Subject to agreement by the parties, the tribunal shall determine the language(s) of the proceedings including for all statements and for oral hearing. | §19 – Subject to agreement by parties, the tribunal shall determine the language(s) of the proceedings including for all statements and for oral hearing. | Not addressed. | §5 – English, unless otherwise agreed by the parties. |
Hearing venue |
§25 – The arbitrator shall set the time, place and method for each hearing. The AAA shall send a notice of hearing to the parties at least 10 calendar days in advance of the hearing date, unless otherwise agreed by the parties. |
§36 – Case to be heard at the agreed place. If the parties have failed to advance a deposit for cost of travel and accommodation or there is no agreement, the hearing is to be held at the domicile of CIETAC, Beijing, or its relevant sub-commission. |
§41 & 83 – Case to be heard at the agreed place, provided that a deposit has been paid, otherwise in Beijing, Shanghai or sub-commission or arbitration centre or at another location considered necessary by tribunal and approved by the Arbitration Court. | §14.2 – Unless the parties have agreed otherwise, the tribunal may meet at any location outside the seat. | §18(2) – Unless otherwise agreed to by the parties, the tribunal may, after consulting the parties, conduct any hearing at any location it considers appropriate. | §19.2 – Any place deemed appropriate by the tribunal. | §16.3 – The tribunal may, following consultation with parties, hold any hearing at any convenient geographical place. | §25(2) – To be decided by the tribunal after consultation with the parties. | §21.2 – At any location the tribunal considers convenient or appropriate. | §25(5) – The details of the manner of holding the hearing shall be decided by the Tribunal. | §28.1 – The tribunal will decide the date, time and place. |
§18.2 – At any location the tribunal considers appropriate for deliberations and hearings provided parties have not agreed otherwise. §28.1 – The tribunal will decide the date, time and place. |
Not addressed. |
§32.3 – Unless otherwise agreed by the parties or directed by the tribunal, all physical hearings and meetings to take place in Singapore. §25.1 – The tribunal shall decide if a hearing should be held or if the matter is to proceed on documents only. |
Virtual Hearings | §25 – The method for the hearing set by the arbitrator can include video, audio or other electronic means where appropriate. | §37.5 – After consulting with the parties, the tribunal may decide to conduct the oral hearing by remote virtual conference or any other appropriate means of electronic communication. | §39.4 – Unless otherwise agreed by the parties, tribunal may, after consulting the parties, decide to hold hearing by virtual audio-video conference or other communication means which it deems appropriate. | The rules do not mention remote / virtual hearings, but HKIAC Guidelines for Virtual Hearings were issued in May 2020 and offer a virtual hearing service. | §26(1) – After consulting with the parties, the tribunal may decide the hearing will be conducted by physical attendance or remotely by video, telephone or other appropriate means of communication. |
§22.2 – The tribunal and parties may consider if technology including video, audio or other electronic means, could increase efficiency and economy of the proceedings. §26.2 – If the parties agree or the tribunal determines, after comment from the parties, a hearing may be held by video, audio or other electronic means. |
§19.2 – The tribunal may, in consultation with the parties, arrange for any hearing to be held virtually by conference call, video conference or other communications technology. |
§28(2) – Case management conferences can take place “by any other means”. §23(1) – The tribunal shall conduct the arbitration in such manner as it considers appropriate, subject to the rules and the agreement of the parties. §32(2) – The tribunal may, after consulting with the parties, decide whether hearings shall be conducted in person or remotely (in whole or in part). |
§21.2 – The tribunal may hold hearings by any means it considers expedient or appropriate. | §25(5) – Where the tribunal deems appropriate, it can hold hearings in a way that enables the tribunal and both parties to communicate with one another at the same time, through audio transmissions. | §28.4 – The tribunal may direct examination of witnesses through means that do not require their physical presence. | §28.4 - The tribunal may direct examination of witnesses through means that do not require their physical presence. | §15(d) – The parties should follow the Guidelines for the conduct of virtual and semi-virtual hearings now contained in the Sixth Schedule, subject to any modifications by the LMAA or the tribunal. |
§17.2 and 25.3 – Case management conferences and oral hearings may be conducted in person, by telephone, video conference or any other manner deemed appropriate by the tribunal. Specimen Directions for Virtual Hearings and accompanying guidance was issued in October 2020. |
Challenges to the jurisdiction of the tribunal/institution |
§7 – The arbitrator rules on its jurisdiction including arbitrability of the claim. §7(c) – A party may object to the jurisdiction of the arbitrator or arbitrability of the claim but the arbitrator will rule on such objections. |
§6 – CIETAC rules on jurisdiction and may delegate that power to the tribunal. | §6 - CMAC rules on jurisdiction and may delegate that power to the tribunal. | §19 –The tribunal rule on their own jurisdiction, including existence, validity or scope of the arbitration agreement or any contract that the arbitration agreement forms part of. | §6(3) & (4) – The tribunal will rule on existence, validity or scope of the arbitration agreement and whether claims can be heard together, unless the Secretary General refers the matter to the ICC Court. | §21 – The tribunal will rule on its own jurisdiction, including any objections with respect to arbitrability, to the existence, scope, or validity of the arbitration agreement. The tribunal also has jurisdiction regarding admissibility of a claim which must be raised by the time of any answer. |
§23.1 – Made to the tribunal itself. §22.1(viii) – Determination that a claim is manifestly outside the jurisdiction of the tribunal can be subject to early determination. |
§11(i) & 12(i) – Made to the SCC Board who will determine if the SCC manifestly lacks jurisdiction over the dispute. | §28 – Before the tribunal is constituted, the Registrar shall determine if such objection shall be referred to the Court. Otherwise the tribunal has the power to rule on its own jurisdiction. | Not addressed. | §23.1 – The tribunal has the power to rule on its own jurisdiction, including objections, with respect to existence or validity of the arbitration agreement. |
§23 - The tribunal has the power to rule on its own jurisdiction, including objections with respect to the existence or validity of the arbitration agreement. Any such plea to be raised no later than in the statement of defence or in the reply to counterclaim. Guidelines for Jurisdictional Challenges available. |
§13 – To be determined by the tribunal unless the parties agree otherwise. Second Schedule §18 – Only in the most exceptional circumstances can it be appropriate for a party to question the terms of any procedural order made or seek a review of it by the tribunal. | §30 – The tribunal has jurisdiction to rule on its own jurisdiction. |
Expedited arbitration | §1(b) – Expedited Procedures available where disclosed claim or counterclaim does not exceed USD100,000 or the parties have agreed to expedited procedures. | §66 – Summary procedure is available for claims under RMB 5,000,000 or on the agreement of the parties. | §66 - Unless agreed by the parties, Expedited Procedure applies to claims that do not exceed RMB 5,000,000 or where one party applies under the Expedited Procedure and other party consents in writing or both parties have agreed to adopt the Expedited Procedure. | §42 – A party may apply prior to the constitution of the tribunal for the arbitration to be conducted on an expedited basis in cases of exceptional urgency, the parties agree or the amount in dispute is less than specified amount, currently HK$25 million. |
§30 – If the parties agree or if the amount does not exceed the specified amount (USD2,000,000 for arbitration agreements concluded prior to 1 January 2021 and USD3,000,000 thereafter – Appendix VI). |
§1.4 – Unless agreed by the parties or determined by the ICDR, only available for claims valued at less than USD500,000. §23 – Permits early disposition of issues if (a) it has a reasonable possibility of succeeding; (b) it will dispose of, or narrow, issues in the case; and (c) it is more efficient or economical. |
§9.1 – In cases of exceptional urgency, on the application of a party. §22.1(viii) – Early determination is available if a claim is manifestly outside the jurisdiction of the tribunal. |
Yes, where the arbitration agreement makes express reference to their Rules of Expedited Arbitration. | §5 – Yes, where the amount in dispute is less than SG$6,000,000, the parties agree or in cases of exceptional urgency. | Yes – where a claim is for less than ¥20,000,000 a party can apply for simplified arbitration under the Rules of Simplified Arbitration of TOMAC which includes hearing by way of examination of documents. | Yes, where both parties agree, the rules will apply as modified by the UNCITRAL Expedited Arbitration Rules. | §26 and Appendix I - Prior to the constitution of the tribunal, but after the notice of arbitration has been received by the respondent, a party may submit an application to the CIArb and all other parties seeking an appointment of an emergency arbitrator if circumstance of extraordinary urgency arises. | Yes, where the arbitration agreement refers to the Intermediate Claims Procedure and normally for claims of less than USD400,000. Also, there is a Small Claims Procedure for claims under USD100,000. | §44.1 - Yes, where a claim is for less than USD300,000 or where the parties otherwise agree. |
Arbitration procedure |
§23(a) – The arbitrator shall manage all necessary pre-hearing exchanges with a view to achieving an efficient and economical resolution of the dispute whilst upholding equal and fair treatment of the parties and safeguarding each party’s opportunity to fairly present its claims and defenses. |
§35 – The tribunal shall examine the case as it deems appropriate unless it is agreed differently by the parties and it may adopt an inquisitorial or adversarial approach in hearing a case. It is an oral hearing unless the parties agree otherwise, and the tribunal deems it unnecessary. |
§39 - Unless parties agree otherwise, the tribunal shall examine the case as it deems appropriate and in an impartial, fair and efficient manner giving both parties reasonable opportunities to present their case and ensure due process. Case can be examined on documents only if parties agree and tribunal approves or the tribunal deems oral hearing unnecessary and parties agree. Unless otherwise agreed by the parties, the tribunal may after consulting with the parties, adopt appropriate procedural measures. |
§13.1 – Subject to the rules, the tribunal shall adopt suitable procedures in order to avoid unnecessary delay or expense having regard to the complexity of the issues and the amount in dispute, provided that such procedures, which can include the effective use of technology, ensure equal treatment of the parties and afford the parties a reasonable opportunity to present their case. | §19 – The proceedings are governed by the rules, unless the rules are silent where the parties can agree the rules, otherwise it is decided by the tribunal. | §22.1 – The tribunal may conduct arbitration in whatever manner it considers appropriate, provided that the parties are treated equally and fairly. | §14.4 – Parties may agree on joint proposals for conduct of arbitration for consideration by tribunal. | §23 – The tribunal shall conduct the arbitration in a manner it considers appropriate, and in a manner that is impartial, efficient and expeditious, giving the parties an equal opportunity to present their case. | §19.1 – The tribunal shall conduct the arbitration in such a manner as it considers appropriate, after consulting with the parties, to ensure the fair, expeditious, economical and final resolution of the dispute. | §23(1) – At an early stage of the proceedings, the Tribunal discusses and confirms the issue(s) to be determined, evidence to be filed, timetable etc. with the parties. | §17 – Conducted by the tribunal in such a manner as it considers appropriate provided that the parties are treated with equality, given a reasonable opportunity to present their case, avoiding unnecessary delay and expense and providing a fair and efficient process. | §17.1 – Conducted by the tribunal in such manner as it considers appropriate provided that the parties are treated with equality, given a reasonable opportunity to present their case, avoiding unnecessary delay and expense and providing a fair and efficient process. | §15(a) – To be determined by the tribunal taking account of any agreement reached by the parties. The normal procedure to be adopted is set out in the Second Schedule to the rules. | §28 – To be determined by the tribunal to ensure the fair, expeditious, economical and final determination of the dispute, but subject to any agreement between the parties. If there is to be an oral hearing, the parties are required to submit the questionnaire at Schedule A (§22). |
Confidentiality |
§26 – The arbitrator and the AAA shall maintain the privacy of the hearing unless it is in contrary with the law. §45 – Unless otherwise required by law, parties’ agreement or a court order, the AAA and the arbitrator shall keep confidential all matters relating to the arbitration and the award. |
§38 – Hearings in camera unless the parties agree otherwise, and the tribunal approves, to an open hearing. Where in camera, substantive and procedural matters relating to the case shall not be disclosed. | §43.1 – Hearing shall be held in private unless both parties request an open hearing and tribunal decides to hold an open hearing. |
§22.8 – Unless agreed otherwise, the hearing shall be held in private. §45 – Unless agreed otherwise or to protect a legal right or the enforce or challenge the award, no party may publish, disclose or communicate information relating to the arbitration or award. |
§22(3) – No specific provision but at the request of any party, the tribunal may make orders concerning confidentiality of the arbitration and may take measures to protect trade secrets and confidential information. | §40 – The tribunal shall keep all matters of the proceedings confidential. The tribunal may make orders concerning the confidentiality of the arbitration or related matters unless the parties agree otherwise. An award can only be made public with the consent of all parties, as required by law or if made public in the course of enforcement or otherwise. |
§30 – A confidentiality undertaking required by all involved. Awards and materials in the arbitration are confidential; disclosure permitted in limited circumstances. Awards are only published with written consent of all parties and the tribunal. |
§3 – Yes, unless otherwise agreed by the parties. | §24.4 & §39 – Yes, all matters relating to the proceedings and the Award are to be treated as confidential unless otherwise agreed. |
§22.3 - No specific provision, but the proceedings and record are not open to the public and the parties, their agents or attorneys (and anyone else connected) shall not reveal to third parties the contents of the arbitration, the names of the parties or anything else related to the ongoing matter in question. §44 – The award may be published unless any party communicates its objections before the award is sent to the parties. |
§28.3 - Hearing shall be held in camera unless the parties agree otherwise. §34.5 – The award may be made public if all parties consent or in other limited circumstances. |
§28.3 - Hearing shall be held in camera unless the parties agree otherwise. §34.5 - The award may be made public if all parties consent or in other limited circumstances. |
§29 – If the tribunal considers that the decision merits publication, it must give notice to the parties, who may object to its publication. The published award will preserve anonymity as regards to the identity of the parties, of their legal or other representatives, and of the tribunal. | §47 – Yes, and disclosure may only be made with the prior written consent of the parties except in limited circumstances. |
Time limit for award | §47 – 30 calendar days from the date of the closing of the hearing or final document submission unless otherwise agreed by the parties or specified by law. | §51 – 6 months from the date the tribunal is formed but can be extended at the tribunal’s request by the president if truly necessary and justified. | §57 – Six months from date the tribunal is constituted but can be extended by the Arbitration Court, at the request of the tribunal, if absolutely necessary with reasonable grounds and extension truly justified. | §31.2 – 3 months from closure of the proceeding subject to an extension by agreement or by HKIAC. | §31(1) – 6 months from signature of the terms of reference, subject to any extension. | §33.1 – The tribunal shall render the award within 60 days of the closing of the hearing unless the administrator or the parties agree otherwise. |
§15.10 – As soon as reasonably possible and the tribunal endeavour to do so no later than three months following the parties’ last submissions and in accordance with the timetable notified to the parties and the Registrar. |
§43 – 6 months from the date of referral to the SCC subject to an extension granted by the SCC Board upon reasonable request of tribunal. | §32.3 – Unless the Registrar extends the period, the tribunal shall submit the draft award to the Registrar not later than 45 days from the date on which the tribunal declares the proceedings closed. | §37 – Once the Tribunal declares the hearings closed, within 30 days. | No time limit. | No time limit. | §23 – Normally available within not more than 6 weeks from the close of the proceedings but will vary with the circumstances of the case. The tribunal will, if asked, indicate when the award will be available. | §34.1 – Unless the parties agree otherwise, 3 months from the date proceedings are closed. |
Who makes the award if arbitrators disagree | §46 - Unless otherwise provided by law or the arbitration agreement, a majority of arbitrators must make all decisions. | §52 – By majority but failing a majority then by the presiding arbitrator. | §58.6 – By majority but failing that by presiding arbitrator. | §33.1 – By majority, but in the absence of a majority then by the presiding arbitrator. | §32(1) – By majority, but in the absence of a majority then the president can make the award alone. | §32.2 – By majority. | §26.5 – By majority, but in absence of a majority then by the presiding arbitrator. | §41 – By majority, but in the absence of a majority then the chairperson is sufficient. | §32.7 – Majority decision, but in the absence of a majority then the presiding arbitrator alone. | §38 – By majority. | §33 – By majority, but in the absence of a majority or when the tribunal authorises it, the presiding arbitrator may decide alone on questions of procedure. | §33.1 - By majority, but in the absence of a majority or when the tribunal authorises it, the presiding arbitrator may decide alone on questions of procedure. | §8(b) – If 3 arbitrators, by majority and the view of the third arbitrator shall prevail when there is no unanimity or majority. |
§34.3 – By majority. §8.4 – Where the arbitration has proceeded with 2 arbitrators, a third arbitrator will be appointed and the majority will make the award. |
Awards Electronically Signed (note Article III of the New York Convention 1958): | §48 – Signatures can be in electronic or digital form. | §52 – Yes, electronic signature bears the same legal effect as handwritten signature. Also, seal of CIETAC shall be affixed to the award. | §81 – Yes, unless otherwise provided by the law of the seat of arbitration, agreed by the parties or decided by the Arbitration Court or tribunal. | §35 - No specific provision but award to be in writing and signed by the tribunal (giving reasons if 1 or more of the 3 arbitrators fails to sign) and the HKIAC seal affixed. | §35 - No specific provision but award to be signed by the tribunal. ICC Guidance Note on Possible Measures Aimed at Mitigating the Effects of the COVID-19 Pandemic states that awards can be signed in counterparts and then compiled into one electronic file. | §32.4 – Yes, unless applicable law requires a physical signature, parties agree or tribunal or Administrator determines otherwise. | §26.2 – Yes, and in counterparts, unless parties agree or tribunal or LCIA Court directs otherwise. | §42 – No specific provision but award to be in writing and signed by the tribunal. | §32.4 – No specific provision but award to be in writing. | §39 – No specific provision, but award to be in writing and signed by the tribunal (although where omitted, this must be written into the award). | §34 - No specific provision but award to be in writing and signed by the tribunal. | § 34 – No specific provision but award to be in writing and signed by the arbitrators. | §24 - Yes and in counterparts unless the parties agree or tribunal directs otherwise. If original handwritten signatures are required by a party, this must be requested prior to production of the award. | §34 - Yes and in counterparts unless a party requires or the tribunal in its discretion otherwise decides. |
Scrutiny of the award by any other body | No. | §54 – By CIETAC before being finalised. | §60 – Draft award scrutinised by CMAC who may bring issues addressed in the award to the tribunal’s attention provided that the tribunal’s independence in rendering the award is not affected. | No. | §34 – Scrutinised and approved by the ICC Court to identify mistakes in form and draw attention to points of substance. | §33.1 – No review of the award. | No formal requirement but the Secretariat will review a draft award when asked to do so by a tribunal. | No. | §32.3 – To be approved by the Registrar, who may suggest modifications to the form of the award and draw the tribunal’s attention to points of substance. | No. | No. | No | No. | No |
Right of Appeal (subject to the laws of the seat): | If parties have agreed that Optional Appellate Arbitration Rules apply, then appeals permitted on grounds that underlying award is based on errors of law that are material and prejudicial or on determinations of fact that are clearly erroneous. |
§52 – Arbitral award is final and binding upon both parties. §10 – A party would be considered to have waived its right to object where it was aware or should have been aware of non-compliance with the rules yet still proceeded with the arbitral process. |
§10 – A party would be considered to have waived its right to object where it was aware or should have been aware of non-compliance with the rules yet still proceeded with the arbitral process. §58 – Award is final and binding and neither party shall bring an appeal for revision before a court or any other organisation. |
§2.2 – All decisions are final and, to the extent permitted by any applicable law, not subject to appeal but is not considered to amount to a waiver of the right to appeal or challenge an award in most seats. §35 – Awards are final and binding on the parties. |
§40 – A party will be deemed to have waived its right to object where it proceeded with the arbitration without raising objection to non-compliance with relevant provisions of the rules. §35(6) – The parties are deemed to have waived their right to any form of recourse insofar as such waiver can validly be made. |
§31 – A party waives its right to object where it knew of non-compliance of the rules and proceeds with the arbitral proceeding without prompt written objection. §33 – Award made shall be final and binding. |
§26.8 and 29.2 – All awards are final and binding, and parties have irrevocably waived their right to appeal or review insofar as possible under the applicable law. |
§36 – A party who fails to object without delay to non-compliance with the rules shall be deemed to waive its right to object to such failure. §46 – All awards shall be final and binding when rendered but this is not considered to amount to a waiver of the right to appeal or challenge an award in most seats. |
§32.11 – Any award shall be final and binding on the parties, and insofar as it may validly do so, waives the right to any from of appeal, review or recourse with respect to such award. §41 – A party is deemed to have waived its right to object if it proceeds with the arbitration without promptly raising any objection to non-compliance with the rules applicable. |
Not addressed. |
§34 – All awards are final and binding on the parties but it is not considered to amount to a waiver of the right to appeal or challenge an award in most seats. §32 – Failure to promptly object to any non-compliance with the rules is deemed to be a waiver of such right to object. |
§34.2 - All awards are final and binding on the parties. Under the rules, the parties have waived their right to any form of appeal or recourse to a court or other judicial authority insofar as such waiver is valid under the applicable law. |
§25 – Right of appeal available under section 69 of the English Arbitration Act 1996 if seated in London. However, parties may agree award be rendered without any reasons and exclude the Court’s jurisdiction under section 69 of the English Arbitration Act to determine an appeal if seated in London. |
§34.2 – Any award shall be binding on the parties but is not considered to amount to a waiver of the right to appeal or challenge an award in most seats. §49 – A party aware of non-compliance with relevant rules is deemed to have waived its right to object if they proceed with the arbitration without prompt objection. |
Administration fee | §55 – According to the Fee Schedule in effect when the Demand for Arbitration was filed will be applicable. Filing fee based on amount of the claim/counterclaim. | Appendix II (international disputes), Schedule I, – For international disputes, registration fee of RMB 10,000 payable when the case is accepted. |
Appendix II Schedule I – Acceptance fee and handling fee calculated based on amount in dispute. Schedule II – Administration fee only applies if explicitly agreed by the parties and calculated based on amount in dispute. |
Schedule 1 – Registration fee as set by HKIAC, currently 8,000 HKD. Administrative Fee based on the amount in dispute. |
§38 and Appendix III.3 – Filing fee of USD5,000 (non-refundable). ICC administrative expenses are calculated on the basis of scales set out in the rules or, where the sum in dispute is not stated, at the ICC Court’s discretion. In exceptional circumstances this may be increased or decreased by the ICC Court. | §37 – Pursuant to current fee schedule and dependant on the amount in dispute. |
Registration fee of £1,950 (non-refundable). Other administrative charges are calculated on a time basis in accordance with the Schedule of LCIA Arbitration Costs (with a new Schedule effective from 1 December 2023) regardless of the amount in dispute. |
Registration fee of €3,000 (non-refundable). §49 and Appendix IV – An administrative fee determined based on the amount in dispute and in accordance with the table in the rules and with regard to all the relevant circumstances. |
§34 – Schedule of Fees – Case filing fee of SG$2,000 (plus GST for local parties). Administrative fee ranges from SG$3,800 to SG$95,000 depending on the sum in dispute. | §46 – Non-refundable Filing Fee of ¥100,000 payable by the claimant (and counter-claimant). | Depends on the appointing authority. |
§ 6.2 - The CIArb shall be entitled to charge administrative fees for its services. Appendix III - Non-refundable fee including appointment fee, challenge fee and administration of deposit fee outlined on CIArb’s website. Schedule of Fees available. |
Appointment fee of £350 per arbitrator (non-refundable). | Appointment fee of SG$1,500 per arbitrator (non-refundable). |
Arbitrators’ fees |
§57- Arbitrator’s compensation shall be at a rate consistent with the rate stated in their AAA resume. AAA with the arbitrator shall determine an appropriate rate if any disagreement regarding terms of compensation. |
Appendix II, Schedule I (international disputes), subject to the Arbitration Fee Schedule based on the amount in dispute, though additional and reasonable actual expenses may be charged. |
§62 and Appendix II Schedule II – Arbitrator’s fee only applies if explicitly agreed by the parties and calculated based on amount in dispute, otherwise determined by tribunal in award. §83 – Arbitration Court will determine if tribunal entitled to special remuneration. |
§10 & Schedules 2 and 3 – Parties may agree to fees based on hourly rates or the amount in dispute. If they fail to do so, fees will be based on the hourly rates. There is a cap for the arbitrator’s hourly rate. | §38 and Appendix III.2 – Calculated on the basis of scales set out in the rules and set by the ICC Court by reference to the diligence and efficiency of the arbitrator, time spent, rapidity of proceedings, complexity of the dispute and timeliness of submissions for the draft award. | §38 – Arbitrator fees must be reasonable. After appointment, the Administrator will designate an appropriate daily or hourly compensation rate. | Schedule of LCIA Arbitration Costs (new Schedule effective from 1 December 2023) – Calculated by reference to the time spent and rates appropriate to the particular circumstances of the case including its complexity and the special qualifications of the arbitrators. | §49(3) and Appendix IV – Calculated based on the amount in dispute and based on the tables in the rules, with co-arbitrators receiving 60% of the fee of the chairperson. | §36 - Schedule of Fees – Depends on the sum in dispute but ranges from SG$6,250 to SG$2,605,000. |
§46(2) – Subject to the Tariff of Fees for Arbitration Schedule, based on the amount in dispute. Arbitration Fee is payable within 7 days of notice from the Secretariat. §47(1) – The cost sharing ratio of the Administrative Fee and Arbitration Fee shall be decided by the Tribunal. |
§41 – Calculated based on the amount in dispute, complexity of the matter and the time spent by the arbitrators and any other relevant circumstances of the case. The appointing authority may impose a method for determining fees. |
§41.1- The fees and expenses of the arbitrators shall be reasonable in amount, taking into account the amount in dispute, the complexity of the subject, the time spent by the arbitrators and other relevant circumstances of the case. General appointment fee per arbitrator of £600 (plus VAT) which excludes expenses. |
First Schedule – Based on time spent but the arbitrator receives an appointment fee and booking fees for any hearings, payable 6 months before the hearing (£1,250 per day if up to 10 days). | SCMA Standard Terms of Appointment §3.4 – Based on work done at rates agreed by the arbitrator with their appointing party prior to appointment. |
Costs awards in favour of successful party | §56 – Expenses are usually borne equally by the parties unless the parties agreed otherwise, or the arbitrator assesses the expenses and apportions relevant expenses to the unsuccessful party. | §55 – At the discretion of the tribunal but taking account of the outcome, complexity of the case, workload, the amount in dispute etc. | §62 – At the discretion of the tribunal having regard to circumstances of the case and considering the outcome of the arbitration, complexity of the case, actual workload of the winning party and/or its representatives and the quantum, etc. | §34 – At the discretion of the tribunal, who may take into account any factors relevant including success of parties, scale and complexity of dispute, conduct of parties, third- party funding arrangement, outcome related fee structure agreement and adverse environmental impact due to parties’ conduct. | §38(4) – At the discretion of tribunal. | §37 – At the discretion of the tribunal. | §28.4 – At the discretion of the tribunal but based on the general principle that costs should reflect the parties’ relative success and failure in the award. | §50 – Unless otherwise agreed, at the request of a party, the tribunal has the discretion to order a party to pay reasonable costs. | §37 – The tribunal has the authority to order in its award that all or part of the costs of one party are paid by the other. | §39(1) – At the discretion of the tribunal. | §42 – In principle they will be borne by the unsuccessful party, but the tribunal may make a reasonable apportionment taking the circumstances of the case into account. | §42.1 – In principle, cost to be borne by the unsuccessful party, but the tribunal may make a reasonable apportionment taking into account the circumstances of the case. | Second Schedule §19 provides that the tribunal has discretion as to costs and in assessing costs will take account of unreasonable or inefficient conduct by a party and of offers made without prejudice save as to costs and the costs estimates provided by the parties. | §39 – The tribunal has the power to order that all or part of the costs of one party shall be paid by the other party and may take into account any unreasonable refusal to participate in mediation or accept settlement offers. |
Deposits on account of costs | §58 – At the discretion of the AAA who can require parties to deposit such sum as it deems necessary for the expenses of the arbitration. | §85 – As required by CIETAC. | §83 – Payable in respect of special remuneration at direction of CMAC with failure to do so resulting in party being deemed to have not nominated arbitrator. Where parties have agreed to hold a hearing at a place other than a CMAC location, parties shall advance deposit for the associated travel and accommodation expenses. | §41 – In principle requested by HKIAC for tribunal's fees, travel and other expenses, expert and other assistance required by the tribunal, Registration Fee and Administrative Fees. | §37 and Appendix III.1 – Yes but referred to as an advance on costs. By way of example where the sum in dispute is USD1million and there are 3 arbitrators the advance on costs will be USD141,472 and is payable at the outset. | §39 – The Administrator may request that the parties deposit appropriate amounts in advance of costs. | §24.1 – At the direction of the LCIA Court. | §51 – Yes and the SCC Board will determine the amount. | §34 – The Registrar shall fix the amount of deposits payable towards the costs of the arbitration. | Not addressed by the rules. | §43.1 - At the discretion of the tribunal. | §43.1 – At the discretion of the tribunal. | No deposit on account of costs but the First Schedule grants an arbitrator the discretion to require payment of fees to date at appropriate intervals and the right to obtain security for their costs. | No deposit on account of costs but §40.3 grants an arbitrator the discretion to require payment of fees to date at appropriate intervals and §41.1 gives the tribunal the right to reasonable security for its estimated costs. |
Security for costs | §38 – Arbitrator may require security of costs of any interim measures undertaken by the arbitrator. | §23.3 – At the discretion of the tribunal. | §27.2 – The tribunal has power to decide that the party applying for the interim measure should provide appropriate security. | §24 – At the discretion of the tribunal. | §28(1) – Not expressly mentioned but the power arguably exists. | §27.2 – The tribunal may require security for the cost of interim orders. | §25.2 – At the discretion of the tribunal upon application of a party. | §38(1) – At the discretion of the tribunal in exceptional circumstances and at the request of a party. | §27j. – The tribunal has the power to order any party to provide security for legal or other costs. | Not addressed by the rules. | §26 – Not expressly mentioned but recognised and security can be required in connection with an interim measure. |
§26 and Appendix I – Not expressly mentioned but recognised security can be required in connection with an interim measure and emergency relief. Guideline for Security for Cost §1– Arbitrators must take account of non-exhaustive list of matters including the prospect of success, ability to satisfy adverse costs wards and fairness. |
Second Schedule §7 refers to consideration of security for costs after the defence submissions. It is included in the Third Schedule questionnaire. | No provision save that it is raised in the questionnaire in Schedule A. |
Other Interim Measures | §38 – The arbitrator can order any interim measures deemed necessary. |
§23 – Request for conservatory measures in accordance with laws of The People’s Republic of China forwarded by CIETAC to the competent court. Appendix III sets out Emergency Arbitrator Procedures. §49 – Interim award available on any issue if the tribunal deems it necessary or with tribunal’s approval at the request of a party. |
§23 & 24 – Preservation of properties and evidence on application of a party. §25 & 26 – CMAC will pass an application for maritime injunction and limitation fund for a maritime claim to a competent maritime court. §27 - A party may apply to the Arbitration Court for emergency relief pursuant to Appendix III. The tribunal may decide to take interim measures it deems necessary or appropriate on the request of a party. |
§23 – At the request of a party, the tribunal may order any interim measures it deems necessary or appropriate. Schedule 4 deals with emergency arbitration/emergency relief. | §28(1) – Unless the parties have agreed otherwise, the tribunal has the power to order any interim or conservatory measure it deems appropriate. | §27.1 – At the request of a party, the tribunal may grant any interim measure it deems appropriate. | §25.1 – On a party’s application, the tribunal has the power to order security to the respondent for the amount in dispute; preservation, storage, sale or disposal of monies, documents, property etc under control of any party and relating to the arbitration; the provisional award of relief including payment of money or disposition of property between the parties. | §37(1) – At the request of a party, the tribunal may grant any interim measure it deems appropriate. |
§30 – At the request of a party, the tribunal may issue an order or an award granting an injunction or any other interim relief it deems appropriate. Schedule 1 deals with emergency relief and appointment of an emergency arbitrator. |
§8 – The tribunal may, in considering whether to issue an order for interim measures under the provisions of Article 24 of the Arbitration Act of Japan (Act No. 15 of 2023), hear the opinions from the other party in an appropriate manner. | §26 – At the request of a party, the tribunal has power to grant interim measures. These are temporary measures which include preservation of assets or evidence, to maintain or restore the status quo or to prevent harm or prejudice to the arbitral process. |
§26 – At the request of a party, the tribunal has power to grant interim measures. These are temporary measures which include preservation of assets or evidence, to maintain or restore the status quo or to prevent harm or prejudice to the process. Guidelines for applications for Interim Measures available. |
The parties are to be guided by the procedure set out in the Second Schedule which includes security for costs, and specific disclosure. | §28 – In addition to those powers conferred by the relevant act, the rules also grant the tribunal specific powers including the power to order inspection of property or documents and order samples. |
Location (including regional centres) | Headquartered in New York with regional offices across America. | Beijing (or various regional centres in China). | Beijing and Shanghai (Tianjin, Chongqing, Hong Kong, Fujian, Shenzhen, Zhejiang, Hainan, Qingdao, and Dalian). | Hong Kong (Shanghai, Seoul). | Paris (Sao Paulo, Hong Kong, New York, Singapore and Abu Dhabi). | New York, Houston and Miami, Los Angeles, San Francisco, Singapore (cooperation agreements in over 80 countries). | London and Singapore. | Stockholm. | Singapore (Mumbai, New York, Seoul, Shanghai). | Tokyo. | Vienna (centres present worldwide administering proceedings or acting as the appointing authority). | London (headquarters). | London. | Singapore. |
Remarks |
• Largest full-service alternative dispute resolution in America administering in the region of 150,000 cases per year. • AAA offers arbitration rules and services for various types of disputes and industries (as well as international rules – see ICDR). The parties may determine the appropriate AAA Rules in their arbitration clause. • This summary is based on the AAA (Commercial Rules) and while many of the provisions are materially similar, there are differences between the various AAA Rules. |
• Also known as the Arbitration Institute of the China Chamber of International Commerce and has had various previous names. • The leading arbitral organisation in China. • Approximately 15% of cases involve foreign parties. |
• Used for resolving maritime, other transportation and carriage, international trade, finance, insurance and construction matters. • 25% of cases are considered foreign-related cases. |
• Provides the option to appoint a tribunal secretary, with guidelines on their role. • Unlike some institutions, HKIAC does not actively administer arbitrations. • Cooperation agreement with the Madrid International Arbitration Centre to expand scope to Europe and South America. • A popular forum for disputes involving international transactions particularly those involving Chinese parties. |
• One of the best-known arbitral institutions. • Terms of Reference allow issues between the parties to be recorded at an early stage but adds to the time and costs. • Conflict of interest provisions introduced in 2021 require parties to disclose the identity of non-party funders and to notify the tribunal of any changes in representation. • Caseload comes from a wide range of industries, with construction, engineering and energy disputes generating the largest number of cases. |
• Aims to limit or avoid US litigation style discovery practices. • The ICDR can assist with the appointment and challenges to arbitrators but otherwise not actively involved in the process. • The ICDR Administrator may act through its International Administrative Review Council (comprised of at least current or former ICDR executives or other members) to take any action. • The tribunal may require disclosure of existence and identify any third-party funder and nature of funding. • Operates in the following divisions: commercial, construction, labour, employment and consumer. |
• One of the foremost international arbitral institutions and widely respected. • Popular with international parties (over 80% of cases typically involve parties that are not of English nationality). • Caseload comes from a wide range of industries, with energy and resources, transport and commodities and banking and finance being the most popular. |
• Perceived neutrality is seen as an advantage. • Under Swedish arbitration law, arbitrators in a Swedish-seated arbitration lack some of the powers taken for granted elsewhere such as the power to order witnesses to testify under oath and the Swedish courts can be slow in granting interim relief like injunctions. • About 50% of its cases are international. • Popular form for resolution of investment treaty disputes. |
• The draft seventh edition of the SIAC Rules underwent public consultation in 2023 and are due to be introduced in 2024. Changes to the rules are likely to be in respect of Multiple Contracts, Consolidation, and Joinder; Expedited Procedure and Emergency Arbitration; Appointment; Arbitral Procedure and Powers of the Tribunal (including Early Dismissal); and New Technology and New Procedures. • Considered a leading arbitral institution outside of Europe, particularly for disputes involving Asian and Australian parties. • Administers a wide range of disputes including corporate and commercial, trade and investment, construction/engineering, shipping/maritime, insurance, intellectual property, and banking and finance. |
• TOMAC is used to resolve disputes arising under bills of lading, charter parties, contracts relating to the sale and purchase of ships, shipbuilding, ship financing and manning. • A TOMAC arbitration clause is included in the NIPPON sale form 1999. |
• As a form of ad hoc arbitration, it can be more cost effective and flexible than an institutional arbitration. • Freedom to tailor the procedure to specific requirements. • Vulnerable to obstructive tactics as there is no institution acting as an intermediary. • There is no procedure for the appointment of an emergency arbitrator but introduced Early Neutral Evaluation guidelines in 2022. |
• CIArb rules are well aided by the additional guidelines released on a variety of provisions including jurisdictional challenges, interim measure and others. • CIArb has over 17,000 professional members across 150 jurisdictions – the largest community of alternative dispute resolution professionals. |
• The leading forum for maritime arbitrations. • As a form of ad hoc arbitration, it can be more cost effective and flexible than an institutional arbitration. • Vulnerable to obstructive tactics as there is no institution acting as an intermediary. • No procedure for the appointment of an emergency arbitrator. • Witness statements are ideally to be in the witness’ own words and contain evidence as to matters of fact that need to be proved by evidence of the witness about which the witness has personal knowledge or recollection. |
• A popular forum for resolving maritime and international trade disputes. • As a form of ad hoc arbitration, it can be more cost effective and flexible than an institutional arbitration. • Vulnerable to obstructive tactics as there is no institution acting as an intermediary. • No procedure for the appointment of an emergency arbitrator. |
International arbitration is the leading method for resolving international disputes, but there are many rules to choose from.
Arbitration is commonly used in cross-border transactions and projects. It allows parties to settle disputes privately with experienced, neutral decision-makers, using procedures tailored to the specific case. While parties often choose their dispute resolution method during contract negotiations, they can also decide after a dispute arises. Parties can opt for institutional arbitration, where an institution manages the process under its rules, or ad hoc arbitration, where they can adopt a set of standalone rules or agree on their own procedures.
This comparison highlights the differences between the rules of the leading arbitral institutions and the typical ad hoc rules.
Please contact Haynes Boone Counsel Fiona Cain or Partner Odean Volker for more information about International Arbitration rules, and visit the Haynes Boone International Arbitration page on this website.
To use the comparison chart, check the arbitration institutions and rules you are interested in. The comparisons will automatically publish below the checked items. You may download a PDF version of this comparison for your reference.