What arbitral institutions (if any) exist in your country?
The main arbitral institution Austria is the Vienna International Arbitral Centre (‘VIAC’), which is a separate entity of the Austrian Chamber of Commerce (www.viac.eu). Since its founding in 1975, it has enjoyed a vivid role in administrating commercial arbitrations in the region. The VIAC administers international cases involving at least one party with its place of business or normal residence outside of Austria or cases concerning disputes with an international character. The procedural rules governing arbitration proceedings instututed with the VIAC are called the Vienna Rules.
For disputes of solely national character, all of the economic chambers located in each of the nine Austrian States serve as administrative institutions.
The International Chamber of Commerce (ICC) is the most well-known arbitral institution in France and, arguably, in the world.
Other prominent Paris-based arbitration institutions include the:
• French Arbitration Association (Association française d'arbitrage).
• Paris Centre for Mediation and Arbitration (Centre de médiation et d'arbitrage de Paris).
• International Arbitration Chamber of Paris (Chambre arbitrale internationale de Paris).
There are also specialized arbitration centers for shipping and insurance disputes, such as the:
• Paris Maritime Arbitration Chamber (Chambre arbitrale maritime de Paris).
• French Reinsurance and Insurance Arbitration Centre (Centre français d'arbitrage de réassurance et d'assurance).
The most important arbitration institution is based at the Portuguese Chamber of Commerce and Industry and was established in 1986 to facilitate and promote domestic and international arbitration. Its rules were changed and entered in force in March 2014. They were updated according to the modern trends of arbitration, including the adoption of the emergency arbitrator. Even more recently, in 2016, the Chamber adopted Fast Track Arbitration Rules, a set of rules that aims to tackle slow arbitration proceedings, especially, but not exclusively, in small amount cases.
The Oporto Commercial Association also has an important arbitration centre and has also approve new arbitration rules, following the world best practices.
Further to a public initiative, several arbitration centres were recently created in different and, until now, highly improbable fields, such as consumer conflicts, administrative and tax disputes. These are centres with strong state support and very strict procedural rules. Only the people that are listed by the respective centre can be appointed as arbitrators.
The main arbitration body in Romania is the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania, which also coordinates the activity of the courts of arbitration attached to the regional chambers of commerce and industry, each county in Romania having such a chamber of commerce and industry.
The Court of International Commercial Arbitration (further herein referred to as “CICA”) has its own set of rules of arbitration. However, these rules are to be supplemented with the ordinary provisions of the Code of Civil Procedure insofar as the latter are compatible with the arbitration and the nature of the disputes.
Another arbitral institution established only in 2010 is the Court of Arbitration attached to the German-Romanian Chamber of Commerce and Industry.
The Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC”) was established in 1917 and is today one of the world’s leading forums for dispute resolution. The SCC handles around 200 cases a year, whereof more than 50 percent are international cases.
Three institutions exist: AMINZ, the New Zealand Dispute Resolution Centre and the New Zealand International Arbitration Centre. All are willing to act as an appointing authority.
The Chambers of Commerce of Industry of Basel, Berne, Geneva, Lausanne, Lugano, Neuchâtel, and Zurich established the Swiss Chambers' Arbitration Institution offering arbitration services governed by the Swiss Rules of International Arbitration ("Swiss Rules").
In addition, Switzerland hosts many dispute settlement institutions, including the Dispute Settlement Bodies of the World Trade Organization, the World Intellectual Property Organization (WIPO) Arbitration and Mediation Center, the United Nations Compensation Commission and the International Air Transport Association (IATA). The Court of Arbitration for Sports (CAS) is also located in Switzerland (Lausanne).
There are multiple arbitral institutions in the UAE, but the key institutions are the Dubai International Arbitration Centre (DIAC), the Abu Dhabi Commercial Conciliation and Arbitration Centre (ADCCAC), and the Dubai International Financial Centre-London Court of International Arbitration (DIFC-LCIA) Arbitration Centre.
The Kuala Lumpur Regional Centre for Arbitration (“KLRCA”) administers and provides a venue for commercial arbitration in Malaysia. It was established in 1978 under the auspices of the Asian-African Legal Consultative Organisation (“AALCO”) and became the first regional centre established by AALCO in Asia to provide institutional support as a neutral and independent venue for the conduct of domestic and international arbitration proceedings in Asia.
The KLRCA maintains its own rules of arbitration, which are adaptations of the UNCITRAL Rules for Arbitration (revised in 2010). Additionally, the centre also provides the following rules:
- KLRCA i-Arbitration Rules, which are modified rules for the arbitration of disputes arising from commercial transactions premised on Islamic principles. A notable feature of these rules is the reference procedure to a Shariah Advisory Council or Shariah expert whenever the arbitral tribunal has to form an opinion on a point related to Shariah principles.
- KLRCA Fast Track Arbitration Rules, which are simplified procedures aimed at facilitating the rendering of an award in the fastest way with minimal costs.
Apart from the KLRCA, arbitrations are also administered by a number of other Malaysian bodies, including the Institute of Engineers Malaysia, Kuala Lumpur and Selangor Chinese Chambers of Commerce, Malaysian Rubber Board, Palm Oil Refiners Association of Malaysia, Institute of Surveyors, and the Malaysian Institute of Architects.
The main arbitral institutions in the United States are (i) the American Arbitration Association (AAA, www.adr.org) and its International Centre for Dispute Resolution (ICDR, www.icdr.org), (ii) the International Institute for Conflict Prevention and Resolution (CPR, www.cpradr.org), (iii) the Inter-American Commercial Arbitration Commission (IACAC, www.sice.oas.org), (iv) the International Chamber of Commerce (ICC, www.iccwbo.org) and its branch for services in North America (SICANA), and (v) the Judicial Arbitration and Mediation Services (JAMS, www.jamsadr.com).
The New York International Arbitration Center (NYIAC) was founded in 2013 to advance, strengthen, and promote the conduct of international arbitration in New York. While the NYIAC does not administer arbitrations or publish rules, it offers educational initiatives and hearing facilities (www.nyiac.org).
There are also many regional arbitration centers and for-profit arbitral institutions, and many trade associations for particular industries provide their own dispute-resolution mechanisms.
The main arbitral institution in Singapore is the Singapore International Arbitration Centre (SIAC).
The International Court of Arbitration of the International Chamber of Commerce (ICC) also has an office in Singapore.
In Brazil, there are several arbitral institutions, such as Brazilian Center of Mediation and Arbitration, Chamber of Mediation and Arbitration of FGV – Getúlio Vargas Foundation, Chamber of Conciliation, Mediation and Arbitration of CIESP/FIESP, Conciliation and Arbitration Court of the Bar Association of Brazil – São Paulo Section, Conciliation and Arbitration Court of the Bar Association of Brazil – Rio de Janeiro Section, a subsidiary of the Arbitral Court of ICC – International Chamber of Commerce in São Paulo. However, three stood out at a time when little was mentioned about arbitration: Arbitration Commission of the Chamber of Commerce Brazil-Canada (now known as the Arbitration Centre of the Chamber of Commerce Brazil-Canada), Arbitration Commission of the International Chamber of Commerce of Brazil (headquartered in Belo Horizonte, in Minas Gerais, given that in that state today work at least two mighty arbitration entities: Business Arbitration Chamber - Brazil and Mining Chamber of Mediation and Arbitration) and the Brazilian Center of Mediation and Arbitration.
The Mediation and Arbitration Center of the Chamber of Commerce Brazil-Canada, the Commission of Arbitration of the International Chamber of Commerce of Brazil and the Brazilian Center of Mediation and Arbitration are institutions with general competence (multi-sector) who know of all kinds of commercial arbitrations, given that in this category fall into practically all committees, centers or arbitration courts linked to chambers of commerce, trade associations or industry associations, such as also the Board of Mediation and Arbitration of São Paulo, the Board of Mediation and Arbitration - Commercial Association of Paraná and the Arbitration Centre of American Chamber of Commerce.
In addition to the institutional arbitration bodies mentioned above, we can name a few others, as examples: Arbitration Judge of the Commodities and Futures Exchange of São Paulo, Mediation, Conciliation and Arbitration Court of the Bar Association of Brazil - São Paulo Section, Conciliation and Arbitration Court of the Bar Association of Brazil – Rio de Janeiro Section, Board of Mediation and Arbitration of the Brazilian Institute of Energy Law Studies - IBDE (these three bodies have essentially corporate nature, which shall ensure the interests of a sector or profession and resolve, through arbitration, matters relating to their particular area of expertise); National Council of Mediation and Arbitration Institutions (CONIMA), Brazilian Arbitration Committee (CBAr), and these two are scientific institutions, dealing with arbitration from the standpoint of investigation and research, promoting its development through publications and cultural activities.
With the enactment of Law nº 9.307/96, some of these institutional arbitration bodies took the form of civil associations, as occurred with the National Institute of Mediation and Arbitration (INAMA) and the Brazilian Arbitration Association (ABAR), both headquartered in Sao Paulo; others do not have legal autonomy and depends (organically) on federations, associations or chambers of commerce, such as the Mediation and Arbitration Center of Pernambuco (CEMAPE), linked to the Federation of Trade Associations of the State of Pernambuco, the Mediation and Arbitration Center of the Chamber of Commerce Brazil-Canada, the Centre of Conciliation and Arbitration of the Argentine-Brazilian Chamber of Commerce of São Paulo, the Chamber of Conciliation and Arbitration of Commercial Association of Bahia, the Chamber of Mediation and Arbitration of São Paulo, linked to São Paulo State Industries Centre, the Arbitration Judge of the Commodities and Futures Exchange of São Paulo, the Commercial Arbitration Brazilian Court (CBAC), a member body of the Confederation of Trade Associations of Brazil, the Arbitration Center of American Chamber of Commerce, among others.
Some of the arbitral institutions in Canada include:
a. ADR Chambers;
b. ADR Institute of Canada (“ADRIC”);
c. British Columbia International Commercial Arbitration Centre ("BCICAC");
d. Canadian Arbitration Association;
e. Canadian Commercial Arbitration Centre;
f. International Centre for Dispute Resolution (“ICDR Canada”); and
g. International Chamber of Commerce (“ICC”).
The two main arbitration institutions in Panama are the “Centro de Arbitraje y Conciliación de Panamá (CeCAP)” and the “Centro de Solución de Conflictos (CESCON)”.
It is also usual for parties to agree that the arbitration be conducted under the UNCITRAL Arbitration Rules, even if the arbitration is to be administered by one of the aforementioned arbitration institutions.
There are Arbitration Courts in most of the Chambers of Commerce of each Autonomous community.
However, the three most respected institutions are:
- The Court of Arbitration of Madrid Chamber of Commerce ("CAM").
- The Civil and Mercantile Court of Arbitration ("CIMA").
- The Spanish Court of Arbitration ("CEA").
ITOTAM, ISTAC, Turkish Union of Chambers and Commodity Exchanges Court of Arbitration, the Arbitration Centres of Ankara Chamber of Industry and İzmir Chamber of Commerce, Arbitration Centre of Turkish Bar Associations.
The leading German arbitration institution is called DIS, Deutsche Institution für Schiedsgerichtsbarkeit (German Institution of Arbitration). The DIS administers both national and international arbitration proceedings. The institution published its Arbitration Rules in 1998, but will issue revised rules in the course of 2017.
There are also several smaller, usually highly specialized institutions, e.g. the GMAA, the German Maritime Arbitration Association. The ICC Germany represents the International Chamber of Commerce as an international arbitration institution in the country.
In Italy there are several arbitration institutions. The most well-known arbitration institution is the National and International Chamber of Commerce of Milan. Other well-known arbitral institutions are the Italian Association for Arbitration (AIA) and the Arbitral Chamber of the Chamber of Commerce of Rome (CCIAA).
There are many such as London Court of International Arbitration (LCIA), International Chamber of Commerce (ICC), International Centre for Dispute Resolution (ICDR), Chartered Institute of Arbitrators (CIArb), London Maritime Arbitrators’ Association (LMAA) and Insurance and Reinsurance Arbitration Society (ARIAS).
There are currently no Irish arbitral institutions but a number of international arbitral institutions have conducted arbitrations in Ireland.
The most recognized arbitral institutions in Poland are the Court of Arbitration at the Polish Chamber of Commerce and the Lewiatan Court of Arbitration. There are also a number of institutions designated for resolving disputes in a particular industry, such as the Court of Arbitration at the Polish Chamber of Information Technology and Telecommunications (for internet domain disputes), the Court of Arbitration at the Gdynia Cotton Association, the International Court of Arbitration at the Polish Chamber of Maritime Commerce (IMAC), and the Court of Arbitration at the Polish Olympic Committee.