Arbitration Reference 26054

8/6/2019 Arbitration Reference 26054

1/89

Reference

Institutions01 Abu Dhabi Commercial Conciliation & Arbitration Centre (ADCCAC)

04 American Arbitration Association (AAA)

06 Arbitration Center of the Iran Chamber (ACIC)

09 Bahrain Chamber of Dispute Resolution (BCDR)

11 China International Economic and Trade Arbitration Commission

(CIETAC)

14 Common Court of Justice and Arbitration (CCJA)

19 Dubai International Arbitration Centre (DIAC)

23 The DIFC-LCIA Arbitration Centre (DIFC-LCIA)

Dubai International Financial Centre (DIFC)

26 Gulf Cooperation Council Commercial Arbitration Centre (GCAC)

29 Hong Kong International Arbitration Centre (HKIAC)

32 International Centre for the Settlement of Disputes (ICSID)35 International Chamber of Commerce (ICC)

37 London Court of International Arbitration (LCIA)

39 Qatar Financial Centre (QFC)

42 Singapore International Arbitration Centre (SIAC)

45 Stockholm Chamber of Commerce (SCC)

47 Tehran Regional Arbitration Centre

Conventions50 New York Convention (full text and status table)

68 Washington (ICSID) Convention (summary and status table)

Weblinks

80 Related links


2/89

Norton Rose Group Arbitrating across the regions Reference 01

Abu Dhabi Commercial Conciliation

& Arbitration Centre

The Abu Dhabi Commercial Conciliation & Arbitration Centre (ADCCAC) was

established in February 1993 by the Abu Dhabi Chamber of Commerce &

Industry to provide a facility for resolving trade disputes through conciliation

and arbitration. ADCCAC maintains a register of specialists in the fields of

conciliation, arbitration, expertise and translation. ADCCAC claims to be

the first arbitration centre established in the GCC.

Supervision of arbitrators and scrutiny of awards

The Abu Dhabi Chamber of Commerce & Industry is responsible for

guaranteeing the independence of its registered arbitrators in the

performance of their duties. The Trade Convention and Arbitration

Committee of the Abu Dhabi Chamber of Commerce & Industry (the

Committee) must approve of all specialists on the registers of

conciliators, arbitrators, experts and translators (each of whom mustcomply with the requirements set out in the ADCCAC Charter), and has the

power to remove the same from the register if they no longer comply with

such requirements. If any Party objects to an arbitrator, they may raise

such objection in writing, with supporting documents, to the General

Manager of ADCCAC. The application shall then be referred to the

Committee within one week and the arbitration will be suspended

pending the Committees decision.

Procedure

The ADCCAC Charter & Regulations contains the Procedural Regulations

for Arbitration and Conciliation in Part Two (Rules). The Rules provide that

the parties to a contract may agree to have disputes settled by arbitration

under the ADCCAC Rules or they may elect ADCCAC arbitration once a dispute

has arisen. The arbitral procedure is set out in Article 36 of the Rules.

ADCCAC


3/89

02 Reference Arbitrating across the regions Norton Rose Group

Reference

The proceedings are conducted in Arabic unless otherwise agreed by the

parties; or the parties do not speak Arabic; or where the members of thearbitral tribunal are not Arabic speakers. In any event, arbitral awards

must be in Arabic in addition to any other language adopted during the

proceedings.

Costs

ADCCAC requires payment of a registration fee of 1,000AED upon the

filing of any new request for arbitration. This registration fee is non-

refundable and is exclusive from any fees charged by and payable directly

to the arbitrators. ADCCAC also retains 15% of each arbitrators fees.

Arbitrators fees are charged separately, directly to the parties. Fee rates

to be charged should be agreed in advance by the parties. If the parties

object to any arbitrators fees, they may object in writing to ADCCAC.

Appeal

The ADCCAC Rules provide no grounds for appeal. Recourse is limited to

applications for the annulment of an award under UAE law (Civil Procedure

Code).


4/89


ADCCAC

ADCCAC model clause

Standard Arbitration clause

All disputes arising from the interpretation; implementation or

termination of the agreement/contract herein shall have to be

conclusively settled via arbitration in accordance with the provisions

on arbitration provided in the Abu Dhabi Commercial Conciliation &

Arbitration Centres Procedural Regulations and through an arbitration

board comprising one; three or more arbitrators who shall benominated and summoned up in accordance with the rules and

procedures provided in the Centre's Procedural Regulations.

Standard Mixed clause

All disputes arising from the interpretation; implementation or

termination of the agreement/contract herein shall have to be initially

settled via Conciliation and through a special board comprising one;

three or more Conciliators who shall be nominated and summonedup in accordance with the provisions of the Abu Dhabi Commercial

Conciliation & Arbitration Centres Procedural Regulations.

In the event of failure of such endeavours, or consent on giving up

the aforementioned Conciliatory clause, the dispute shall have to

be conclusively settled via arbitration and through a special board

comprising one; three or more arbitrators who shall be nominated

and summoned up in accordance with the provisions of the Centres

(ADCCAC) Procedural Regulations.

See the Arbitration section for best practice in drafting arbitration clauses.
http://www.nortonrose.com/knowledge/publications/pdf/Arbitration%20manuals/file26050.pdf#nameddest=Drafting_arbitration_clauseshttp://www.nortonrose.com/knowledge/publications/pdf/Arbitration%20manuals/file26050.pdf#nameddest=Drafting_arbitration_clauses


5/89


Reference

American Arbitration Association

The American Arbitration Associations (AAA) main focus is on dispute

resolution in the US (for which it has many sets of rules). However, it also

provides International Arbitration Rules (the Rules).


AAA arbitration allows a level of flexibility in the appointment of arbitrators

and the procedural rules. The parties are free to adopt any mutually

agreeable procedure for appointing arbitrators either when they are

drafting the arbitration clause or after a dispute has arisen. They are

encouraged to request a conference with the AAAs International Centre

for Dispute Resolution (ICDR) to discuss this. For example, arbitrators can

be appointed by the parties themselves or by the ICDR, with or without

the use of lists of arbitrators provided by the ICDR from which each party

deletes unacceptable names.

The Rules also provide flexibility for a tribunal to conduct an arbitration

in whatever manner it sees fit. The AAA does not scrutinise awards.

Procedure

Arbitrations under the Rules are administered by the ICDR in New York (USA)

or Dublin (the Republic of Ireland), although sometimes administration

can be through the facilities of arbitration institutions with which the

ICDR has cooperation agreements.

Costs

In addition to paying the arbitrators fees, parties must pay ICDR

administration charges, comprising two elements: an initial filing fee

(for all claims/counterclaims filed); and a case service fee (for cases

which proceed to a first hearing). Fees are calculated based on the

sum in dispute and are generally lower than those of the ICC.


6/89


Appeal

Awards are final and binding on the parties.

AAA model clause

Any controversy or claim arising out of or relating to this contract,

or the breach thereof, shall be settled by arbitration administered

by the American Arbitration Association in accordance with its

Commercial [or other] Arbitration Rules [including the Optional Rules

for Emergency Measures of Protection], and judgment on the award

rendered by the arbitrator(s) may be entered in any court having

jurisdiction thereof. I


AAA


7/89


Reference

Arbitration Center of the Iran Chamber

The Arbitration Center of the Iran Chamber (ACIC) was established in

2001 as an affiliate of the Iran Chamber of Commerce, Industries and

Mines but with its own independent legal identity. ACIC is the first Iranian

independent arbitral institution established for the purpose of settlement

of both domestic and international disputes through arbitration or

conciliation.


ACIC comprises a seven-member board of management, the secretary

general who is appointed by the board from among eminent Iranian

lawyers, and a panel of arbitrators. The arbitrators are lawyers,

businessmen and other reputable individuals with knowledge of

domestic and foreign commercial rules and procedures. In the case of a

sole arbitrator, an arbitrator nominated by ACIC will hear the case, subject

to justifiable objections by the parties. Wherever such objections aresuccessfully made the ACIC will nominate a new arbitrator. In the case of

three member tribunals, the parties each nominate an arbitrator and the

parties or the nominated arbitrators (or failing agreement the ACIC) then

choose a presiding arbitrator.

Procedure

The arbitral proceedings in international arbitration referred to ACIC are

governed by the Law on International Commercial Arbitration (LICA)

enacted in Iran in 1997, and on the basis of the UNCITRAL model law. In

cases of domestic arbitration the Civil Procedure Act 2000 applies. An

agreement to submit a dispute to ACIC entails an undertaking to submit

proceedings to the arbitral rules of ACIC.


8/89


The parties may refer disputes to ACIC through a separate arbitration

agreement, an arbitration clause in the underlying contract, or once adispute has arisen by submission by the claimant and acceptance by

the respondent.

Costs

Arbitration costs consist of the administrative expenses of ACIC and the

Tribunals fee and are determined by the Secretary General of ACIC. An

advance on costs is also determined by the Secretary General of ACIC and

these must be paid by the Claimant within 15 days of the Secretary

General's notification (such sums standing to the account of the Claimant

in the final costs of the arbitration). The costs are calculated in

accordance with schedules appended to the ACIC regulations on costs

and are based on a percentage of the amount claimed. The arbitral

tribunal can award all or a portion of the costs to be paid by either or

both parties. The final costs of each of the parties must be paid prior to

the issuance of the final award (though one party can elect to cover allthe costs to avoid a delay in the issue of the award).

Appeal

There is no right to appeal an arbitral award issued by ACIC. However,

under certain conditions stipulated by law, which differ for domestic and

international arbitration, the arbitral award can be set aside by the court.

ACIC


9/89


Reference

ACIC model clause

All disputes and claims arising from or relating to the present

contract including its conclusion, validity, termination or breach, and

its interpretation or application shall be submitted to the Arbitration

Center of the Iran Chamber (ACIC) for binding and final arbitration by

[one/three] arbitrators in accordance with the Law of Statute of the

Arbitration Center of the Iran Chamber and Arbitration Rules of ACIC.

In addition to the applicable laws and regulations, the arbitrator(s)shall take into account the relevant trade usages. The present

arbitration clause shall be treated as an agreement independent of

this contract and shall in any case be binding. I



10/89


BCDR

Bahrain Chamber of Dispute Resolution

The Bahrain Chamber of Dispute Resolution (BCDR) was launched in January

2010 as an initiative between the Bahrain Ministry of Justice and American

Arbitration Association (AAA). It is known formally as the BCDR-AAA.

BCDR jurisdiction

Disputes will be heard by the BCDR in the following two circumstances:

The BCDR will have automatic and mandatory jurisdiction over any

claim exceeding BD500,000 (US$1.3m) which involves an international

party or a party licensed by the Central Bank of Bahrain (Article 9 of the

Legislative Decree No. (30) for the year 2009 (the Decree)); or

If the parties have agreed in writing to settle the dispute in the BCDR

(Article 19 of the Decree).

Rules and procedure

The BCDR Arbitration Rules very closely follow those of the International

Centre for Dispute Resolution (ICDR), and provide that the arbitral tribunal

shall conduct the arbitration in whatever manner its considers appropriate.

The ICDR is the international division of the AAA. Arbitrations before the

BCDR must take place in accordance with the BCDR Arbitration Rules

where the parties agree or where the parties have provided for arbitration

of a dispute by the BCDR and no particular rules have been designated,

subject to any modifications that the parties may agree in writing.

Fees

The BCDR Arbitration Rules provide that an Initial Filing Fee is payable by

a filing party when a claim, counterclaim or additional claim is filed. A

Case Service Fee will be incurred for all cases that proceed to their first

hearing. The fee schedule is as follows:


11/89


12/89


CIETAC

China International Economic and

Trade Arbitration Commission

China International Economic and Trade Arbitration Commission

(CIETAC) was set up in 1956. It administers foreign-related and domestic

arbitrations. CIETAC is also known as the Arbitration Court of the China

Chamber Of International Commerce (CCOIC).


Chinas Arbitration Law prescribes strict ethical standards for arbitrators.

Previously, arbitrators had to be appointed from CIETACs own panel

of arbitrators, comprising Chinese and foreign arbitrators. The current

CIETAC rules (2005) allow arbitrators to be selected from outside the

panel, although their appointment must first be approved by CIETACs

chairman. They also add to the obligation on arbitrators to disclose

conflicts of interest. Appointments may be challenged by application

to CIETACs chairman within certain time limits.

Arbitrators have to submit their awards to CIETAC in draft. CIETAC may

remind arbitrators of issues not addressed in the draft award as long

as the tribunals independence is not affected.

Procedure

The current rules allow parties to make other rules such as UNCITRAL

applicable to CIETAC arbitration. Unless the parties agree otherwise,

the tribunal need not follow Chinese court procedure and may adopt an

adversarial or inquisitorial approach, issuing directions and examining

witnesses as it wishes. It may also stipulate deadlines for submitting

evidence and extend time for service of submissions. In foreign-related

cases, the time by which an arbitration should be completed has been

reduced to six months from the establishment of the tribunal.


13/89


Reference

There is a summary procedure for cases involving less than RMB 500,000.

The current rules take aspects of domestic arbitration and modify themslightly.

CIETAC has formulated rules for the resolution of disputes concerning

financial transactions (as widely defined therein) called the Financial

Disputes Arbitration Rules. Parties may agree to apply them; otherwise,

the arbitration rules will apply.

See the Arbitration section for more information on UNCITRAL.

Costs

Fees must be paid upon application for arbitration. Fees are calculated

in accordance with rate schedules appended to the rules as a percentage

of the amount claimed; they include the tribunals fees. Remuneration

for arbitrators is quite modest, and for this reason a partys arbitrator

of choice may declare themselves unavailable.

The tribunal can award a portion of the expenses incurred by the winning

party; that portion, according to the new rules, is based on the award, the

degree of complexity of the case, the workload of the winning party and

their lawyers and the amount in dispute. The winning partys costs used

to be limited to 10 per cent of the award of damages, but this limit has

been removed under the current rules. The arbitration fee collected by

CIETAC is recoverable by the winning party as a separate head of claim.

Appeal

The current rules stipulate that the award is final and binding and that

neither party may apply to any court or other body to revise the award.

There is no right of appeal, but under Chinas Arbitration Law application

may be made to the court to have the award set aside.
http://www.nortonrose.com/knowledge/publications/pdf/Arbitration%20manuals/file26050.pdf#nameddest=UNCITRALhttp://www.nortonrose.com/knowledge/publications/pdf/Arbitration%20manuals/file26050.pdf#nameddest=UNCITRAL


14/89


CIETAC

CIETAC model clause

Any dispute arising from or in connection with this Contract shall

be submitted to China International Economic and Trade Arbitration

Commission for arbitration which shall be conducted in accordance

with the Commissions arbitration rules in effect at the time of

applying for arbitration. The arbitral award is final and binding

upon both parties. I



15/89


Common Court of Justice and Arbitration

The OHADA Treaty of 1993 provided for the creation of four institutions

to carry out the Treatys objectives. The Common Court of Justice and

Arbitration (CCJA) is one of those institutions. The CCJA is both an

arbitration institution and a judicial court, with a remit covering all the

OHADA states. It is located in Abidjan in Cte dIvoire and comprises

seven eligible judges.

Judicial function

The CCJA is the supra-national court of the OHADA states. It ensures the

common interpretation and application of the OHADA Treaty and the

Uniform Acts that harmonize African commercial law (including the

Uniform Act on Arbitration).

The CCJA also plays a role in arbitrations governed by the CCJA Arbitration

Rules (the CCJA Rules). It rules on appeals filed against arbitral awardsand on measures initiated to enforce arbitral awards.

Arbitral capacity

The CCJA is an arbitration institution which supervises the administration

of arbitration proceedings. It is assisted by a General Secretariat. The CCJA

Rules were adopted on 11 March 1999. The CCJA does not act as

an arbitral tribunal and does not settle disputes itself. As the CCJAs

decisions are administrative (in its arbitral capacity), it is not required

to provide reasons for its decisions and they cannot be challenged by the

parties.

Only contractual disputes with a sufficient link with one or various OHADA

states can be referred to the CCJA. A claim is deemed to have a sufficient

Reference


16/89


link if one of the parties is domiciled (or has its usual place of residence)

in one of the member states or if the contract has been (or is to be)performed in whole or in part on the territory of one or more member

states.


As an administrative body, the CCJA plays an important role in the

appointment of arbitrators. The OHADA Treaty and the CCJA Rules provide

for the use of either a sole arbitrator or a tribunal of three arbitrators.

Where the parties have agreed that the arbitration will have three

arbitrators, it is usual for the parties to agree to each choose one

arbitrator and then have the two arbitrators choose who will chair the

tribunal.

Should the parties fail to agree on the appointment procedure, the CCJA

appoints the arbitrators. Where the parties have not specified the number

of arbitrators in the arbitration agreement, the CCJA appoints a sole

arbitrator (unless the circumstances of the case suggest that a three-

arbitrator tribunal is more appropriate).

The CCJA has a list of arbitrators who are expert in the field of

international arbitration; this list is updated once a year. The parties are

not required to select their arbitrator from that list.

The CCJA Rules give the CCJA the right to review partial and final arbitralawards and awards on jurisdiction in draft form. Although it can only

propose modifications as to the form of the award and not its merits,

the scrutiny procedure exerts an important influence on arbitrators when

drafting awards, as they know the CCJA will review their awards.

CCJA


17/89


Procedure

The CCJA Rules set out the procedure of CCJA arbitrations. Matters notcovered by the CCJA Rules are governed by the applicable procedural

rules selected by the parties or, failing agreement on what those rules

may be, by the arbitral tribunal.

As in ICC arbitrations, at the beginning of a CCJA arbitration the CCJA

facilitates a meeting between the parties to agree terms of reference for

the arbitration. As soon as the CCJA receives the file from the parties (and

within a maximum time limit of 60 days from receipt), the arbitral tribunal

invites the parties (or their representatives) and their counsels to a

meeting to determine the terms of reference. Besides establishing a

provisional timetable for the proceedings, this meeting determines the

nature and basic grounds of the parties claims, the existence of an

arbitration agreement between the parties, the seat and language of the

arbitration, and the applicable procedural and substantive laws. The

parties also decide whether the tribunal can rule as amiable compositeur(in other words, decide the dispute according to principles of what is fair

and just). The arbitrator then has the right to ignore a legal rule if it would

otherwise lead to an unjust result. This meeting is the last chance for

either party to challenge the tribunals jurisdiction.

Afterwards, minutes are drawn up and signed by both the arbitrator(s)

and the parties. These minutes will be the agreed terms of reference

which will govern the whole arbitral proceedings until the rendering ofthe award.

Costs

A request for arbitration must be accompanied by a deposit of FCFA

200,000 (CCJA decision 004/99/CCJA February 1999, approved by OHADA

Council of Ministers March 1999). This is an advance payment of the

administrative fees that the claimant(s) will have to bear later on and is

not refundable.

Reference


18/89


Once the initial written briefs have been exchanged, the CCJA determines

the amount of the advance to be paid by the parties to cover theanticipated costs of arbitration. The arbitrators fees and the CCJAs

administrative costs are determined on the basis of the amounts in

dispute, in accordance with a scale drawn up by the CCJA. This advance is

owed half by the claimant(s) and half by the respondent(s). Where one

party fails to pay its share of the advance costs, the other party may pay

the total amount. The payments are made to the General Secretariat

before the case is filed with the arbitral tribunal.

Appeal

All CCJA arbitration awards are deemed final and binding, with res

judicata effect throughout the OHADA member states.

An arbitral award can be challenged, however, on the following limited

grounds (article 29 of the CCJA Rules) (unless the parties have waived

this right in the arbitration agreement or terms of reference):

there is no arbitration agreement

the arbitration agreement is void

the arbitration agreement has expired

no respect is shown for the agreed terms of reference

no respect is shown for due process

the award conflicts with international public policy.

CCJA


19/89


Any application to challenge an award on these grounds has to be filed

with the CCJA in its judicial capacity. Where the award is set aside, theCCJA is able, at the parties request, to rule upon the merits of the case.

The dispute is then governed by the CCJA Procedural Rules (the rules that

the CCJA applies in its judicial capacity).

Where an award has been set aside, a party may apply to the CCJA to

revise the award or to issue a ruling on the merits of the case. An

application for revision is only admissible if a fact is discovered which

might have had a significant influence on the decision being challenged

and which was unknown to the tribunal, to the CCJA and to the party

seeking revision when the award or judgment was rendered. After

discovering such a fact, a party has three months to apply to the CCJA for

revision. A request becomes inadmissible from the date ten years after

the rendering of the award.

A third party can appeal awards and decisions made by the CCJA on the

merits (following the setting aside of the award) where the third party

who has not been a part of the proceedings considers that the award or

the decision is prejudicial to its rights. There is no time limit on a third

partys right to appeal.


Reference


20/89


DIAC

Dubai International Arbitration Centre

The Dubai International Arbitration Centre (DIAC) was set up in 1994 to

supply facilities for commercial arbitration, promote the settlement of

disputes by arbitration, and develop a pool of international arbitrators.

The DIAC is an autonomous, permanent, non-profit institution, and is

financially and administratively autonomous. It aims to be the major

arbitral institution in the Middle East, though it is likely to face stiff

competition both in Dubai (from the DIFC-LCIA) and regionally.

The number of cases heard by the DIAC has increased significantly in

recent years, to the point where it presently hears more cases than any

other regional institution. Most cases at present are related to

construction, but both caseload and variety are expected to rise following

the UAEs accession to the New York Convention and the proposed

adoption in 2007 of the UNCITRAL model law.


The Board of Trustees which comprises 21 members with expertise in

the field of arbitration, including legal consultants, lawyers, academics

and other specialised professionals, both from inside the Emirate and

abroad set down the DIAC Arbitration Rules, which were then issued by

decree of the Ruler of Dubai. The DIAC has recently revised its rules: these

are based on the UNCITRAL arbitration rules and include elements taken

from the LCIA, ICC, WIPO and Stockholm arbitration rules.

Procedures for alternative mechanisms for dispute resolution are

regulated under by-laws issued by the Board of Trustees.


21/89


Reference

Procedure

The parties to a contract may agree in the contract that the DIAC rules willapply to their disputes, or they may elect for the DIAC rules to apply once

a dispute has arisen.

Under the DIAC rules the parties are free to choose the law applicable

to the dispute. If they do not do this, the tribunal applies the law(s) it

considers most appropriate. The proceedings are conducted in the

language of the agreement, unless the parties specify otherwise. The

DIAC rules also allow the parties to appoint an arbitrator of their choice.

The appointment of arbitrators is then formalised by the DIAC, who must

determine their suitability to act.

The tribunal can combine both an adversarial and an inquisitorial role,

with the arbitrators reserving the right, after consultation with the parties,

to call in their own experts to deal with technical matters. The parties may

request a hearing for the presentation of oral witness evidence. If they do

not request this, the tribunal can decide whether to hold such hearings or

to conduct proceedings on the basis of written documentation alone.

The DIAC rules place a strict time frame on arbitral proceedings: generally,

an award has to be made within six months of the arbitrators receiving

instruction to decide the case, although this period can be extended by

the tribunal or further extended on request to the Executive Committee.

A party may apply to the DIAC to request expedited formation of thetribunal.

The tribunal is empowered to order interim measures on the application

of one of the parties.


22/89


Costs

There is a one-off, non-refundable, fixed registration fee for arbitrationcases referred to the DIAC. Administration fees and the remuneration of

the arbitrators are determined as a percentage of the amount of the

dispute, with a maximum and a minimum limit according to the

circumstances and complexity of the case, according to a scale

established by the committee of the DIAC.

Appeal

The parties may refer the award back for review by the arbitrators if there

is an issue or concern that there has been an oversight. This does not

invalidate the award. Insofar as permitted by the law of the proceedings

the parties waive all rights of appeal against awards rendered by the

DIAC.

DIAC


23/89


Reference

DIAC model clause

Any dispute arising out of the formation, performance,

interpretation, nullification, termination or invalidation of this

contract or arising therefrom or related thereto in any manner

whatsoever, shall be settled by arbitration in accordance with the

provisions set forth under the DIAC Arbitration Rules (the Rules), by

one or more arbitrators appointed in compliance with the Rules.

The DIAC also advises parties to include in their contractual

agreements details of the number of arbitrators (or the authority of

the DIAC to determine the number), the place of arbitration (Dubai),

the venue for proceedings(DIAC), and the language of proceedings.I



24/89


The DIFC-LCIA Arbitration Centre

The Dubai International Financial Centre (DIFC) was conceived as a

regional capital market by the Government of Dubai with its own onshore

jurisdiction and common law-based civil and commercial laws. Following

its opening in September 2004, the DIFC established the DIFC courts in

December 2004 as an independent judicial system to deal with matters

arising from the DIFC. On 17 February the DIFC established a joint venture

arbitration institution with the London Court of International Arbitration the DIFC-LCIA Arbitration Centre. Following the recent changes to the

DIFCs arbitration legislation, the DIFC-LCIA Arbitration Centre offers

dispute resolution services to parties internationally, rather than solely

within the DIFC.


The DIFC-LCIA Arbitration Centre will allow parties access to the LCIAs

extensive database of arbitrators. Arbitrators may be nominated by theparties for appointment by the LCIA Court. The DIFC-LCIA Registrar is

responsible for the day-to-day conduct of the arbitration and assists with

procedure. A sole arbitrator will be appointed unless specified otherwise

by the parties, or the DIFC-LCIA Registrar determines that a three-member

tribunal is appropriate in the circumstances.

The LCIA Court is not responsible for scrutiny of the award.

Procedure

Parties are free to agree on the procedure to be followed by the tribunal.

Where the parties have not agreed on the procedure to be followed, then

the tribunal has discretion to discharge its duties in order to conduct the

arbitration in a fair, efficient and expeditious manner.

DIFC-LCIA


25/89


Reference

Arbitration proceedings commence when the DIFC-LCIA Registrar receives

a request for the dispute to be referred to arbitration. The DIFC-LCIAArbitration Rules then set out detailed provisions that govern the

response, submission of written statements and documents, experts

(appointed by the tribunal), the type of hearing (oral or written) and the

powers to order interim measures.

Proceedings may continue even where the respondent fails to file a

statement of defence or if either party fails to attend at a hearing or to

produce evidence.

The DIFC-LCIA Arbitration Rules provide an expedited procedure for the

formation of the arbitral tribunal in matters of exceptional urgency.

Appeal

Arbitral awards under the DIFC-LCIA Arbitration Rules are final and

binding, and the parties irrevocably waive any right to appeal.

Requests for interpretation or the correction of errors in an award of a

typographical, computational or clerical nature can be made to the DIFC-

LCIA Registrar within a period of 30 days from receipt of the award.

Costs

The DIFC-LCIA Arbitration Centre charges a registration fee of AED 9750.

The tribunals fees will depend on the circumstances of the case,including its complexity and any special qualifications of the arbitrators,

but will ordinarily fall within a range of AED 1085 to AED 2525 per hour.

The DIFC-LCIA Rules of Arbitration also set out the fees applicable where

the LCIA Court is requested to act as appointing authority or to determine

a challenge to the arbitrators.


26/89


DIFC-LCIA model clause

Any dispute arising out of or in connection with this contract,

including any question regarding its existence, validity or

termination, shall be referred to and finally resolved by arbitration

under the Arbitration Rules of the DIFC-LCIA Arbitration Centre, which

Rules are deemed to be incorporated by reference into this clause.

The number of arbitrators shall be [one/three]. The seat, or legal

place, of arbitration shall be [city and/or country]. The language tobe used in the arbitration shall be [language]. The governing law of

the contract shall be the substantive law of [governing law]. I


DIFC-LCIA


27/89


Reference

Gulf Cooperation Council Commercial

Arbitration Centre

The Gulf Cooperation Council (GCC) Commercial Arbitration Centre (GCAC)

was jointly established by chambers of commerce of each of the GCC

countries in 1993, and became fully operational in 1995. The aim of the

GCAC is to establish strong relationships with other Arab and

international arbitration centres.

The GCAC intends to set up a fast-track section which will seek to settle

minor commercial disputes within 30 days. The fast-track section will be

divided into two sections: one unit to deal with marine arbitration; and

another to deal with Islamic banking disputes.


The panel of arbitrators have all been nominated by every chamber of

commerce from each of the GCC states. Parties have the flexibility tochoose the arbitrators for their tribunal; only in instances where no

agreement is made by the parties, or where the appointment of an

arbitrator is challenged, will the secretary general of the GCAC appoint the

necessary arbitrator(s), or consider replacing an arbitrator.

There is no scrutiny of awards issued by the GCAC.

Procedure

The parties can decide the law which will be applied to the dispute;

where a choice is not made, then the arbitrators decide which law has

most relevance to the dispute. Where a dispute is referred to the GCAC,


28/89


the procedure is governed by the GCACs rules, unless the parties have

agreed otherwise. The GCACs rules allow the arbitrators to conduct thearbitration in the matter best suited to the proceedings, save where

certain matters have been agreed between the parties. The rules also set

out prescribed periods within which the parties submissions must be

made. Tribunals are required to ensure that each party has the full

opportunity to present their case.

Costs

The GCAC charges a non-refundable fee of (currently) 50 Bahraini dinars

for every referral to arbitration. Administrative charges and arbitrators

remuneration are calculated based on a percentage of the amount in

dispute, up to a maximum of two per cent.

The secretary general of the GCAC prepares an initial estimate of costs at

the outset of proceedings, and the parties to the dispute are required to

deposit an equal amount as an advance on account of costs. Once the

award is made, the secretary general submits a final statement of costs

for settlement by the parties.

Appeal

Awards passed by the arbitral tribunal are final and binding upon the

parties after the issue of an order for enforcement by the competent

judicial authority in the relevant GCC member state. There are no grounds

of appeal, although an award may be nullified if the arbitrationagreement on which it is based is void or if the award has been passed by

arbitrators who are not authorised to hear the dispute or who have not

been correctly appointed.

GCAC


29/89


Reference

GCAC model clause

All disputes arising from or related to this contract shall be finally

settled in accordance with the Charter of the Commercial Arbitration

Centre for the States of the Cooperation Council for the Arab States

of the Gulf. I



30/89


Hong Kong International Arbitration Centre

The Hong Kong International Arbitration Centre (HKIAC) was established in

1985 to assist parties to resolve disputes through arbitration. It provides

facilities for the staging of arbitrations which are open to all parties,

irrespective of the rules under which they have chosen to arbitrate. It has

a panel of some 300 international and local arbitrators and is a popular

venue for international arbitration in Asia.


Under the Arbitration Ordinance (chapter 341), the HKIAC has power to

appoint the arbitrators. Where an arbitrator has committed misconduct,

either themselves or within the proceedings, the court may remove them.

Where an arbitration award has been improperly procured, the court may

set it aside.

ProcedureThere are no fixed procedural rules for the conduct of arbitration

proceedings. The HKIAC, however, recommends that parties choose the

HKIAC domestic arbitration rules for domestic arbitration, and the HKIAC

Administered Arbitration Rules for administered international arbitration.

The UNCITRAL Rules are recommended for ad hoc international arbitration.

Marine arbitrations are usually conducted under the rules of either the

London Maritime Arbitrators Association (LMAA) or UNCITRAL. The HKIAC

has also introduced a maritime clause, which has adopted the maritime

arbitration clause of LMAA, to encourage and promote maritime

arbitration in Hong Kong.

See the Arbitration section for more information on UNCITRAL.

HKIAC
http://www.nortonrose.com/knowledge/publications/pdf/Arbitration%20manuals/file26050.pdf#nameddest=UNCITRALhttp://www.nortonrose.com/knowledge/publications/pdf/Arbitration%20manuals/file26050.pdf#nameddest=UNCITRAL


31/89


Reference

Cost

By international standards, the HKIACs charges for appointing arbitrators,deciding on the number of arbitrators and providing administrative

services for arbitration proceedings are reasonable.

Arbitrators fees are agreed between the parties and the arbitrator and

are not subject to the HKIACs control.

Under the Arbitration Ordinance, the arbitrators have power to order

security for costs.

Appeal

In domestic arbitration, in the absence of an agreement which excludes

the right of appeal, a party may appeal against an arbitral award with the

consent of all parties concerned or with the leave of the court.

In international arbitration, recourse to a court against an arbitration

award may be made only by an application for setting aside on the

grounds set out in the model law. However, if the parties agree in writing

that the international arbitration is to be arbitrated as a domestic arbitration

and the parties have not entered into an agreement excluding the right

of appeal, a party may appeal against an arbitration award with the

consent of all parties concerned or with leave of the court.

Under the new Arbitration Bill, the provision in the existing ArbitrationOrdinance relating to appeal to the Court of First Instance against

arbitration awards on a question of law is retained as an opt-in provision

in the Bill for domestic arbitrations (or if the parties expressly agree).


32/89


HKIAC model clause

Domestic arbitration

Any dispute or difference arising out of or in connection with this

contract shall be referred to and determined by arbitration at Hong

Kong International Arbitration Centre and in accordance with its

Domestic Arbitration Rules.

International arbitration

Any dispute, controversy or claim arising out of or relating to this

contract, or the breach, termination or invalidity thereof, shall be

settled by arbitration in Hong Kong under the Hong Kong International

Arbitration Centre Administered Arbitration Rules in force when the

Notice of Arbitration is submitted in accordance with these Rules.

* The number of arbitrators shall be [one or three]

The arbitration proceedings shall be conducted in [insert

language]

*Optional I


HKIAC


33/89


Reference

International Centre for the Settlement

of Investment Disputes

The International Centre for the Settlement of Investment Disputes (ICSID)

is an autonomous institution but has close ties with the World Bank.

It facilitates the conciliation and arbitration of investment disputes

between contracting States (or State-owned bodies) and investors who

are nationals of other contracting States.

There are about 20 investment laws and over 900 bilateral investment

treaties (BITs) that contain advance undertakings by governments to

submit investment disputes to ICSID arbitration. ICSID dispute resolution

is also provided for under four recent multilateral trade and investment

treaties (MITs): the North American Free Trade Agreement; the Energy

Charter Treaty; the Cartagena Free Trade Agreement; and the Colonia

Investment Protocol of Mercosur.

See the Arbitration section for more information on investment treaties.

Jurisdiction

Even where parties have agreed to refer a dispute to ICSID, certain criteria

must still be fulfilled to establish ICSID jurisdiction; this can be difficult

to do.

See also pages 39 to 42.

Enforcement

The power of ICSIDs enforcement capabilities and the strength of its

enforcement record taken together offer significant protection for investors

and are an important consideration during project risk analysis. The

Washington (ICSID) Convention has been ratified by over 140 countries.
http://www.nortonrose.com/knowledge/publications/pdf/Arbitration%20manuals/file26050.pdf#nameddest=Investment_treatieshttp://www.nortonrose.com/knowledge/publications/pdf/Arbitration%20manuals/file26050.pdf#nameddest=Investment_treaties


34/89


There is a general perception that ICSIDs affiliation with the World Bank

places increased pressure on ICSID award debtors to comply with awardsvoluntarily.

Appeal

There is no appeal on a point of law. However, an administrative appeal

(ICSID refers to it as an application) may be made to the ICSID Secretary-

General for an interpretation, revision or annulment on defined and

limited grounds. The effect of an annulment is that either party may

request the re-submission of the dispute to a new tribunal. It is possible

to seek and obtain a partial annulment; if this happens, the new tribunal

can only consider issues from the annulled portion of the award.

Awards cannot be challenged outside of ICSID and are therefore not

subject to any appeal or to any other remedy except those provided for

in the Convention itself.

See pages 39 to 50 for a summary of the Washington (ICSID) Convention

and a list of contracting States.

ICSID


35/89


Reference

ICSID model clause

The [Government]/[name of constituent subdivision or agency] of

[name of Contracting State] (hereinafter the Host State) and [name]

of investor (hereinafter the Investor) hereby consent to submit to the

International Centre for Settlement of Investment Disputes (hereinafter

the Centre) any dispute arising out of or relating to this agreement

for settlement by [conciliation]/[arbitration]/ [conciliation followed,

if the dispute remains unresolved within [time limit] of thecommunication of the report of the Conciliation Commission to the

parties, by arbitration] pursuant to the Convention on the Settlement

of Investment Disputes between States and Nationals of Other States

(hereinafter the Convention). I



36/89


37/89


Reference

These guidelines are useful in any context where the parties wish to

expedite the procedure to save time and costs.

Costs

A large proportion of the tribunal and administrative costs are payable

before the reference (the legal process) can proceed. The fees are fixed,

based upon the amount in dispute according to a published scale. This

contrasts with other institutions, which charge on the basis of an hourly

rate and do not require significant payments before the arbitration can

proceed.

Costs are to be shared between the parties but the arbitration cannot

proceed until the fees have been paid, so, if the respondent fails to pay,

the claimant must pay the full fee before the arbitration can proceed.

Appeal

Arbitration awards under the ICC rules are final and binding. Under the

ICC rules, the parties irrevocably waive any right to appeal, insofar as

such a waiver may be made (some governing laws prohibit a complete

waiver of a partys right to appeal). The clause should perhaps be amended

to allow appeals on points of procedure; otherwise, there is no way to

deal with an abuse of process.

ICC model clauseAll disputes arising out of or in connection with the present contract

shall be finally settled under the Rules of Arbitration of the

International Chamber of Commerce by one or more arbitrators

appointed in accordance with the said Rules. I



38/89


London Court of International Arbitration

The London Court of International Arbitration (LCIA) is a key international

arbitration body administering arbitrations involving parties from many

different jurisdictions.


The Secretariat deals with the day-to-day conduct of the arbitration and

provides assistance with procedure. The LCIA Court is not responsible for

the scrutiny of arbitration awards.

Procedure

The LCIA has an expedited procedure for the formation of the arbitral

tribunal and the ability to curtail certain time limits where there are

grounds for exceptional urgency, such as the need for interim measures.

CostsThe costs of an LCIA arbitration (based on a registration fee currently set

at 1500 and a fee for time spent by the registrar) are payable in addition

to the costs of the arbitral tribunal. The fees for LCIA arbitrators are

calculated on the basis of an hourly rate which is agreed before the

tribunals appointment by the LCIA Court.

Appeal

Arbitration awards under the LCIA rules are final and binding. The parties

irrevocably waive any right to appeal. The clause should perhaps be

amended to allow appeals on points of procedure; otherwise, there is

no way to deal with an abuse of process.

LCIA


39/89


Reference

LCIA model clause

Any dispute arising out of or in connection with this contract,

including any question regarding its existence, validity or termination,

shall be referred to and finally resolved by arbitration under the LCIA

Rules, which Rules are deemed to be incorporated by reference into

this clause. T

The number of arbitrators shall be [1/3]

The seat, or legal place, of arbitration shall be

[city and/or country]

The language to be used in the arbitral proceedings shall be

The governing law of the contract shall be the substantive law of

I



40/89


Qatar Financial Centre

The Qatar Financial Centre (QFC) was established under new legislation in

the State of Qatar in March 2005 and formally opened on 1 May 2005. It

aims to attract international financial institutions and multinational

corporates to establish business operations in the QFC, which will

operate as an onshore jurisdiction integrated within the state as a whole.

The QFC has established its own Civil and Commercial Court, modelled on

the Commercial Court in London, and has enacted the QFC ArbitrationRegulations in order to provide for arbitrations and other forms of dispute

resolution.


The QFC courts have powers to appoint arbitrators in certain

circumstances, for example where the parties have not complied with

their agreed procedure for appointment, or, where no such procedure

is specified, have not complied with the procedure set out in the QFCArbitration Regulations. The QFC courts may decide on challenges to

the appointment of an arbitrator or the termination of an arbitrators

mandate where they have become unable to perform their functions.

A party to an arbitration may also request that the QFC courts decide,

following determination of the issue by the tribunal, whether the tribunal

has jurisdiction to hear the dispute.

Under the QFC Arbitration Regulations, the QFC courts can also assist

with the conduct of arbitration proceedings in certain circumstances,

for example by deciding whether to consolidate or join arbitration

proceedings or assist in taking evidence.

QFC


41/89


There are limited grounds on which the QFC courts can refuse to

recognise or enforce an award, and the only recourse to the QFCcourts against an award made in accordance with the QFC Arbitration

Regulations lies in an application to have the award set aside.

Similarly, such application may only be granted in limited circumstances.

Procedure

Subject to certain mandatory provisions of the QFC Arbitration

Regulations, the parties are free to determine the procedure to be

followed by the tribunal in conducting the proceedings. Where the

parties have not specified the rules to apply, the tribunal may conduct

the proceedings in such manner as it considers appropriate.

Arbitration proceedings commence when the respondent receives a

request for the dispute to be referred to arbitration. The QFC Arbitration

Regulations set out detailed provisions that govern the procedure for

filing statements of claim and defence, whether evidence will be given

orally or in writing, the situations in which experts may be appointed

by the tribunal, and the powers to order interim measures.

Proceedings can continue notwithstanding a challenge to the

appointment of an arbitrator; the failure of the respondent to file

a statement of defence; or the failure of either party to attend at

a hearing or to produce evidence.

Appeal

Awards cannot be appealed but may be set aside within a strict time

frame where issues of procedural irregularity, the jurisdiction of the

arbitration or public policy arise. The award will stand provided there

is a valid agreement to arbitrate between the parties, the tribunal is

properly composed, notices are correctly given and the arbitrators deal

Reference


42/89


with the correct scope of the arbitration, as long as the QFC is capable

of settling the dispute under QFC law and the award does not conflictwith public policy.

Requests for interpretation or the correction of errors in an award of a

computational, clerical or typographical nature can be made within a

period of 30 days from receipt of the award (unless the parties have

agreed a different time period). Any interpretation issued by the tribunal

forms part of the original award.

Costs

Under the QFC Arbitration Regulations, unless the parties have agreed

otherwise, the tribunal may fix the amount of costs to be paid and by

which party they should be paid.

QFC model clause

No model clause has been proposed yet by the QFC.


QFC


43/89


44/89


The SIAC rules require the claimant to file a statement of case within 30

days of the constitution of the tribunal, and for the respondent to do thesame within 30 days of service of the claimants statement of case. These

time limits may be altered by the tribunal.

Cost

The SIAC cost levels are reasonable by international standards.

Administrative costs are charged on a sliding scale according to the

amount in dispute. (Based on current rates, a claim of US$1 million

would attract an administrative cost of just under US$12,500.)

The arbitrators fees are agreed between the parties and the arbitrator.

The SIAC does not control the arbitrators fees.

Appeal

The SIAC has no role in any application to set aside an award. If the

arbitration was seated in Singapore, there is no right of appeal. As a

general rule, the judicial attitude in Singapore is to support arbitration

awards.

If an award is from an arbitration seated in Singapore, there is a right to

apply to the Singapore High Court to set aside the award. Grounds for

such an application are limited and are based on those laid out in the

UNCITRAL model law. They include the condition that the award was

subject to fraud or corruption; or that the parties were, as a consequenceof the making of the award, prejudiced by breach of the rules of natural

justice.

SIAC


45/89


Reference

SIAC model clause

Any dispute arising out of or in connection with this contract, including

any question regarding its existence, validity or termination, shall

be referred to and finally resolved by arbitration in Singapore in

accordance with the Arbitration Rules of Singapore International

Arbitration Centre (SIAC Rules) for the time being in force which rules

are deemed to be incorporated by reference to this clause. I



46/89


47/89


48/89


Tehran Regional Arbitration Centre

The Tehran Regional Arbitration Centre (TRAC) was established in 1997

under the auspices of the AsianAfrican Legal Consultative Organization

(AALCO). TRAC began its arbitral responsibilities in July 2005 following

publication of its Rules of Arbitration (the Rules). While TRAC is mainly

concerned with providing an organisational framework for arbitrations,

it also promotes international commercial arbitration in the region,

including providing assistance to existing arbitral institutions, ad hocarbitrations and the enforcement of arbitral awards.


Internal regulations govern the constitution of the Arbitration Board

established at TRAC, which seeks to ensure independence and

impartiality in the implementation of the Rules. The Director of TRAC

consults the Arbitration Board on the implementation of the Rules and on

the appointment and replacement of arbitrators. AALCO is also consultedbefore TRAC appoints an arbitrator. Arbitrators are required to be lawyers

of good standing with experience in international arbitration; at least two

thirds of the arbitrators must be nationals of countries that are members

of AALCO.

The Rules provide for TRAC to provide whatever assistance to the tribunal

may be necessary. This includes carrying out a review of the form of draft

awards before they are issued and consulting on the assessment of costs.

TRAC may, if necessary and without affecting the tribunals freedom of

decision, suggest modifications as to the form of the award and may draw

the tribunals attention to points of substance.

TRAC


49/89


50/89


51/89


Reference

New York Convention

Convention text reproduced courtesy of UNCITRAL.

The 1958 Convention on the Recognition and Enforcement of Foreign

Arbitral Awards.

Article I

1 This Convention shall apply to the recognition and enforcement ofarbitral awards made in the territory of a State other than the State

where the recognition and enforcement of such awards are sought,

and arising out of differences between persons, whether physical

or legal. It shall also apply to arbitral awards not considered as

domestic awards in the State where their recognition and

enforcement are sought.

2 The term arbitral awards shall include not only awards made by

arbitrators appointed for each case but also those made by

permanent arbitral bodies to which the parties have submitted.

3 When signing, ratifying or acceding to this Convention, or notifying

extension under article X hereof, any State may on the basis of

reciprocity declare that it will apply the Convention to the

recognition and enforcement of awards made only in the territory ofanother Contracting State. It may also declare that it will apply the

Convention only to differences arising out of legal relationships,

whether contractual or not, which are considered as commercial

under the national law of the State making such declaration.


52/89


Article II

1 Each Contracting State shall recognize an agreement in writing

under which the parties undertake to submit to arbitration all or

any differences which have arisen or which may arise between

them in respect of a defined legal relationship, whether

contractual or not, concerning a subject matter capable of

settlement by arbitration.

2 The term agreement in writing shall include an arbitral clause ina contract or an arbitration agreement, signed by the parties or

contained in an exchange of letters or telegrams.

3 The court of a Contracting State, when seized of an action

in a matter in respect of which the parties have made an agreement

within the meaning of this article, shall, at the request of one of the

parties, refer the parties to arbitration, unless it finds that the said

agreement is null and void, inoperative or incapable of being

performed.

Article III

Each Contracting State shall recognize arbitral awards as binding and

enforce them in accordance with the rules of procedure of the territory

where the award is relied upon, under the conditions laid down in thefollowing articles. There shall not be imposed substantially more

onerous conditions or higher fees or charges on the recognition

or enforcement of arbitral awards to which this Convention applies

than are imposed on the recognition or enforcement of domestic

arbitral awards.

New York Convention (full text)


53/89


Reference

Article IV

1 To obtain the recognition and enforcement mentioned in the

preceding article, the party applying for recognition and

enforcement shall, at the time of the application, supply:

(a) The duly authenticated original award or a duly certified copy

thereof;

(b) The original agreement referred to in article II or a duly certifiedcopy thereof.

2 If the said award or agreement is not made in an official language

of the country in which the award is relied upon, the party applying

for recognition and enforcement of the award shall produce

a translation of these documents into such language.

The translation shall be certified by an official or sworn translator

or by a diplomatic or consular agent.

Article V

1 Recognition and enforcement of the award may be refused, at the

request of the party against whom it is invoked, only if that party

furnishes to the competent authority where the recognition and

enforcement is sought, proof that:

(a) The parties to the agreement referred to in article II were, under the

law applicable to them, under some incapacity, or the said

agreement is not valid under the law to which the parties have

subjected it or, failing any indication thereon, under the law of the

country where the award was made; or


54/89


(b) The party against whom the award is invoked was not given proper

notice of the appointment of the arbitrator or of the arbitrationproceedings or was otherwise unable to present his case; or

(c) The award deals with a difference not contemplated by or not

falling within the terms of the submission to arbitration, or it

contains decisions on matters beyond the scope of the submission

to arbitration, provided that, if the decisions on matters submitted

to arbitration can be separated from those not so submitted, that

part of the award which contains decisions on matters submitted to

arbitration may be recognized and enforced; or

(d) The composition of the arbitral authority or the arbitral procedure

was not in accordance with the agreement of the parties, or, failing

such agreement, was not in accordance with the law of the country

where the arbitration took place; or

(e) The award has not yet become binding on the parties, or has been

set aside or suspended by a competent authority of the country in

which, or under the law of which, that award was made.

2 Recognition and enforcement of an arbitral award may also be

refused if the competent authority in the country where recognition

and enforcement is sought finds that:

(a) The subject matter of the difference is not capable of settlement by

arbitration under the law of that country; or

(b) The recognition or enforcement of the award would be contrary to

the public policy of that country.



55/89


Reference

Article VI

If an application for the setting aside or suspension of the award has

been made to a competent authority referred to in article V (1) (e),

the authority before which the award is sought to be relied upon

may, if it considers it proper, adjourn the decision on the enforcement

of the award and may also, on the application of the party claiming

enforcement of the award, order the other party to give suitable

security.

Article VII

1 The provisions of the present Convention shall not affect the

validity of multilateral or bilateral agreements concerning the

recognition and enforcement of arbitral awards entered into by the

Contracting States nor deprive any interested party of any right he

may have to avail himself of an arbitral award in the manner and to

the extent allowed by the law or the treaties of the country where

such award is sought to be relied upon.

2 The Geneva Protocol on Arbitration Clauses of 1923 and the

Geneva Convention on the Execution of Foreign Arbitral Awards of

1927 shall cease to have effect between Contracting States on their

becoming bound and to the extent that they become bound, by this

Convention.


56/89


Article VIII

1 This Convention shall be open until 31 December 1958 for

signature on behalf of any Member of the United Nations and also

on behalf of any other State which is or hereafter becomes a

member of any specialized agency of the United Nations, or which

is or hereafter becomes a party to the Statute of the International

Court of Justice, or any other State to which an invitation has been

addressed by the General Assembly of the United Nations.

2 This Convention shall be ratified and the instrument of ratification

shall be deposited with the Secretary-General of the United

Nations.

Article IX

1 This Convention shall be open for accession to all States referred to

in article VIII.

2 Accession shall be effected by the deposit of an instrument

of accession with the Secretary-General of the United Nations.



57/89


Reference

Article X

1 Any State may, at the time of signature, ratification or accession,

declare that this Convention shall extend to all or any of the

territories for the international relations of which it is responsible.

Such a declaration shall take effect when the Convention enters

into force for the State concerned.

2 At any time thereafter any such extension shall be made by

notification addressed to the Secretary-General of the UnitedNations and shall take effect as from the ninetieth day after the day

of receipt by the Secretary-General of the United Nations of this

notification, or as from the date of entry into force of the

Convention for the State concerned, whichever is the later.

3 With respect to those territories to which this Convention is not

extended at the time of signature, ratification or accession,

each State concerned shall consider the possibility of taking the

necessary steps in order to extend the application of

this Convention to such territories, subject, where necessary

for constitutional reasons, to the consent of the Governments

of such territories.


58/89


Article XI

In the case of a federal or non-unitary State, the following provisions

shall apply:

(a) With respect to those articles of this Convention that come within

the legislative jurisdiction of the federal authority, the obligations

of the federal Government shall to this extent be the same as those

of Contracting States which are not federal States;

(b) With respect to those articles of this Convention that come within

the legislative jurisdiction of constituent states or provinces which

are not, under the constitutional system of the federation, bound to

take legislative action, the federal Government shall bring such

articles with a favourable recommendation to the notice of the

appropriate authorities of constituent states or provinces at the

earliest possible moment;

(c) A federal State Party to this Convention shall, at the request of any

other Contracting State transmitted through the Secretary-General

of the United Nations, supply a statement of the law and practice

of the federation and its constituent units in regard to any

particular provision of this Convention, showing the extent

to which effect has been given to that provision by legislative or

other action.



59/89


Reference

Article XII

1 This Convention shall come into force on the ninetieth day

following the date of deposit of the third instrument of ratification

or accession.

2 For each State ratifying or acceding to this Convention after the

deposit of the third instrument of ratification or accession, this

Convention shall enter into force on the ninetieth day after deposit

by such State of its instrument of ratification or accession.

Article XIII

1 Any Contracting State may denounce this Convention by a written

notification to the Secretary-General of the United Nations.

Denunciation shall take effect one year after the date of receipt of

the notification by the Secretary-General.

2 Any State which has made a declaration or notification under

article X may, at any time thereafter, by notification to the

Secretary- General of the United Nations, declare that this

Convention shall cease to extend to the territory concerned one

year after the date of the receipt of the notification by the Secretary-

General.

3 This Convention shall continue to be applicable to arbitral awards

in respect of which recognition or enforcement proceedings have


60/89


been instituted before the denunciation takes effect.

Article XIV

A Contracting State shall not be entitled to avail itself of the present

Convention against other Contracting States except to the extent that it

is itself bound to apply the Convention.

Article XV

(a) The Secretary-General of the United Nations shall notify the States

contemplated in article VIII of the following: Signatures and

ratifications in accordance with article VIII;

(b) Accessions in accordance with article IX;

(c) Declarations and notifications under articles I, X and XI;

(d) The date upon which this Convention enters into force in

accordance with article XII;

(e) Denunciations and notifications in accordance with article XIII.

Article XVI

1 This Convention, of which the Chinese, English, French, Russianand Spanish texts shall be equally authentic, shall be deposited in

the archives of the United Nations.

2 The Secretary-General of the United Nations shall transmit a

certified copy of this Convention to the States contemplated in

article VIII.



61/89


62/89


63/89


64/89


State Declarations Signature Ratification, Entry into force

and accession,reservations succession

Kyrgyzstan 18 Dec 1996 18 Mar 1997

Lao Peoples 17 Jun 1998 15 Sep 1998

Democratic Republic

Latvia 14 Apr 1992 13 Jul 1992

Lebanon 1 11 Aug 1998 9 Nov 1998

Lesotho 13 Jun 1989 11 Sep 1989

Liberia 16 Sep 2005 15 Dec 2005

Lithuania 3 14 Mar 1995 12 Jun 1995

Luxembourg 1 11 Nov 1958 9 Sep 1983 8 Dec 1983

Macedonia, 1,2,5 10 Mar 1994 17 Nov 1991

former Yugoslav

Republic of

Madagascar 1,2 16 Jul 1962 14 Oct 1962

Malaysia 1,2 5 Nov 1985 3 Feb 1986

Mali 8 Sep 1994 7 Dec 1994

Malta 1, 9 22 Jun 2000 20 Sep 2000

Marshall Islands 21 Dec 2006 21 Mar 2007

Mauritania 30 Jan 1997 30 Apr 1997

Mauritius 1 19 Jun 1996 17 Sep 1996

Mexico 14 Apr 1971 13 Jul 1971

Moldova, 1,5 18 Sep 1998 17 Dec 1998

Republic of

Monaco 1,2 31 Dec 1958 2 Jun 1982 31 Aug 1982

Mongolia 1,2 24 Oct 1994 22 Jan 1995

Montenegro 1, 2, 5 23 Oct 2006 3 Jun 2006

Morocco 1 12 Feb 1959 7 June 1959

Mozambique 1 11 Jun 1998 9 Sep 1998

Nepal 1,2 4 Mar 1998 2 Jun 1998

Netherlands 1 10 Jun 1958 24 Apr 1964 23 Jul 1964

New Zealand 1 6 Jan 1983 6 Apr 1983

New York Convention (status table)


65/89


Reference

State Declarations Signature Ratification, Entry into force

and accession,reservations succession

Nicaragua 24 Sep 2003 23 Dec 2003

Niger 14 Oct 1964 12 Jan 1965

Nigeria 1,2 17 Mar 1970 15 Jun 1970

Norway 1,4 14 Mar 1961 12 Jun 1961

Oman 25 Feb 1999 26 May 1999

Pakistan 1 30 Dec 1958 14 Jul 2005 12 Oct 2005

Panama 10 Oct 1984 8 Jan 1985

Paraguay 8 Oct 1997 6 Jan 1998

Peru 7 Jul 1988 5 Oct 1988

Philippines 1,2 10 Jun 1958 6 Jul 1967 4 Oct 1967

Poland 1,2 10 Jun 1958 3 Oct 1961 1 Jan 1962

Portugal 1 18 Oct 1994 16 Jan 1995

Qatar 30 Dec 2002 30 Mar 2003

Romania 1,2,3 13 Sep 1961 12 Dec 1961

Russian 3 29 Dec 1958 24 Aug 1960 22 Nov 1960

Federation

Rwanda 31 Oct 2008 29 Jan 2009

Saint Vincent 1,2 12 Sep 2000 11 Dec 2000

and the

Grenadines

San Marino 17 May 1979 15 Aug 1979

Saudi Arabia 1 19 Apr 1994 18 Jul 1994

Senegal 17 Oct 1994 15 Jan 1995

Serbia 1, 2, 5 12 Mar 2001 27 Apr 1992

Singapore 1 21 Aug 1986 19 Nov 1986

Slovakia 4 28 May 1993 1 Jan 1993

Slovenia 5 6 Jul 1992 25 Jun 1991

South Africa 3 May 1976 1 Aug 1976

Spain 12 May 1977 10 Aug 1977Sri Lanka 30 Dec 1958 9 Apr 1962 8 Jul 1962


66/89


67/89


Reference

Declarations and reservations(Excludes territorial declarations and certain other reservations and

declarations of a political nature all of which are available on the

UNCITRAL website at www.uncitral.org)

1 State will apply the New York Convention only in the recognition and

enforcement of awards made in the territory of other contracting states.

2 State will apply the New York Convention only to differences arising

out of legal relationships, whether contractual or not, which are

considered commercial under its national law, except, in relation to

Canada, in the case of the Province of Quebec where the law did not

provide for such limitation.

3 Where awards are made in the territory of non-contracting states,

the state will only apply the New York Convention to the extent to

which those states grant reciprocal treatment.

4 This state will not apply the New York Convention to differences where

the subject matter of the proceedings is immovable property situated

in this state, or a right in or to such property.

5 State will apply the New York Convention only to those arbitral awards

which were adopted after the coming into effect of the New York

Convention.

6 Argentina declared that the New York Convention should be construed

in accordance with the principles and rules of its National Constitution

in force or those resulting from reforms mandated by the National

Constitution.


68/89


69/89


Reference

Washington (ICSID) Convention

SummaryICSID, the International Centre for the Settlement of Investment Disputes,

was established by the Convention on the Settlement of Investment

Disputes between States and Nationals of Other States (the Convention)

which came into force on 14 October 1966.

ICSID is an autonomous international organisation. However, it has close

links with the World Bank. All of ICSIDs members are also members of

the Bank.

ICSID provides facilities for the conciliation and arbitration of disputes

between member countries and investors who qualify as nation

Documents

Arbitration Reference 26054