What Is Arbtration: Rules

Whilst the traditional legal rules of evidence do not apply to arbitration, there are still rules available to guide the proceedings.

A number of institutes have formulated procedural rules to govern the conduct of arbitration, and whilst many are industry specific, the parties are free to choose between them or opt for ad hoc proceedings.

Some of the more major institutes are listed below and include a link to their rules in full.

 

The American Arbitration Association (AAA)

Although the AAA is traditionally concerned with domestic arbitrations within the USA, through its International Center for Dispute Resolution (ICDR), it now handles a number of international disputes. Arbitrations are conducted under the ICDR International Arbitration Rules.

The International Chamber of Commerce International Court of Arbitration (ICC)

The ICC founded its arbitration court in 1923 and has handled over 13,000 cases since that time. Although more costly than most of the other institutes, the court takes over much more of the administration of the proceedings which are conducted under the LCIA Rules of 1998.

The London Court of International Arbitration (LCIA)

Founded in 1892 the court administers arbitrations under its own rules and those of UNCITRAL. Although it has a rather complicated fee structure, the court’s involvement with the administration of its proceedings is less intrusive, resulting in a swifter process. Proceedings are conducted under the LCIA Rules of 1998.

 

World Intellectual Property Organisation Arbitration and Meditation Centre (WIPO)

WIPO is one of the youngest institutes, established in 1994. The organisation administers disputes in matters of technology, entertainment, intellectual property and especially domain name disputes. Proceedings are conducted under the World Intellectual Property Organisation Rules of Arbitration.

United National Commission on International Trade Law (UNCITRAL)

UNCITRAL is a United Nations Commission that developed rules for ad hoc arbitrations, namely the UNCITRAL Arbitration Rules 1976. UNCITRAL does not, however, involve itself in the administration of arbitration proceedings.

There are also a number of other national arbitration institutes and rules formulated for specific industries. Your attorney or legal team will be able to assist you in selecting the most appropriate rules to govern your current or future disputes and The Arbitration Company will be able to administer your dispute whichever set of rules you agree upon.

If you would like additional information regarding industry specific rules, then you can contact us via the contact form and we will assist you.