What arbitral institutions (if any) exist in your country? Have there been any amendments to their rules or are there any being considered?
International Arbitration (3rd edition)
The most prominent arbitration organization is the Cairo Regional Centre for International Commercial Arbitration (CRCICA) www.crcica.org.eg.
CRCICA applies the UNCITRAL rules with some amendments.
The International Chamber of Commerce (ICC) is the most well-known arbitral institution in France and, arguably, in the world. It recently amended its Arbitration Rules, which entered into force on March 1, 2017 (applicable to arbitration agreements concluded after that date).
Other prominent Paris-based arbitration institutions include the:
- French Arbitration Association (Association française d'arbitrage). Its latest arbitration rules became effective on 1 January 2017.
- Paris Centre for Mediation and Arbitration (Centre de médiation et d'arbitrage de Paris). Its latest arbitration rules became effective on 1 March 2012.
- International Arbitration Chamber of Paris (Chambre arbitrale internationale de Paris). Its latest arbitration rules became effective on 1 September 2015.
There are also specialized arbitration centers for shipping and insurance disputes, such as the:
- Paris Maritime Arbitration Chamber (Chambre arbitrale maritime de Paris). Its latest arbitration rules became effective on 11 June 2014.
- French Reinsurance and Insurance Arbitration Centre (Centre français d'arbitrage de réassurance et d'assurance). Its arbitration rules are also those of the Paris Centre for Mediation and Arbitration.
During the last decade the use of arbitration as a way of resolving disputes became increasingly popular in Cyprus and some arbitral institutions were founded. Such institutions are (a) The Cyprus Arbitration and Mediation Centre (CAMC) (b) the Cyprus Eurasia Dispute Resolution and Arbitration Centre (CEDRAC) and (c) the Cyprus Chamber of Commerce Arbitration Centre.
There are currently three permanent arbitral institutions in the Czech Republic:
- The Arbitration Court attached to the Economic Chamber of the Czech Republic and the Agricultural Chamber of the Czech Republic
- The Exchange Court of Arbitration attached to the Prague Stock Exchange
- The International Arbitration Court attached to the Czech and Moravian Commodity Exchange
All these permanent arbitral institutions have their own set of rules and currently there are no indications about any amendments in the near future.
The most prominent arbitral institution is the the Arbitration Court attached to the Economic Chamber of the Czech Republic and the Agricultural Chamber of the Czech Republic; ad hoc arbitration is as well possible under Czech arbitral legislation.
Various arbitral institutions exist in Romania under the auspices of the local chambers of commerce and industry.
The main arbitral body in Romania is the Court of International Commercial Arbitration attached to the Romanian Chamber of Commerce and Industry (“CICA”). Aiming to modernize and align itself to the main international institutional arbitration rules, at the beginning of 2018 CICA completely overhauled its provisions and introduced a new set of arbitration rules reflecting current trends.
Most prominent arbitral institutions in Serbia is the Permanent Arbitration (formerly known as Foreign Trade Court of Arbitration) of the Serbian Chamber of Commerce and Industry of Serbia (SCC) with a longlisting tradition in dispute settlement.
In 2016, following the reform of the institution, most recent rules on procedure of the Permanent Arbitration (PA) were adopted.
Belgrade Arbitration Center (BAC), another arbitral institution that has been formed recently, has been founded by the Serbian Arbitration Association in 2013. Rules of BAC are in force since January 1, 2014.
The said rules differ from the rules of PA, most notably with regard to the costs of arbitration and the confidentiality of the proceedings and the arbitral award.
There are more than 260 arbitration institutions in China. The major ones include China International Economic and Trade Arbitration Commission (CIETAC), Beijing Arbitration Commission/Beijing International Arbitration Center (BAC/BIAC), Shenzhen Court of International Arbitration/ Shenzhen Arbitration Commission (SCIA), and Shanghai International Economic and Trade Arbitration Commission/Shanghai International Arbitration Center(SHIAC). The arbitration rules of CIETAC, BAC and SHIAC was newly amended in 2015, the arbitration rules of SCIA was amended in 2016.
a. The Danish Institute of Arbitration (DIA) has existed since 1894. DIA revised its rules effective 1 May 2013. The revision brought the rules into line with those of leading international arbitral institutions.
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 particular industries, 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.
The Chambers of Commerce and 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 resolution 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).
None of the rules of the aforementioned institutions have been amended in 2018.
UAE - Federal
The main On-Shore arbitral institutions, in order of case volume, are the:
Dubai International Arbitration Centre (“DIAC”), which applies the DIAC Rules (2007) (the “DIAC Rules”); and
Abu Dhabi Commercial Conciliation and Arbitration Centre (“ADCCAC”), which applies the Procedural Regulations of Arbitration (the “ADCCAC Rules”).
There exists, within the remaining Emirates, a number of other arbitration centres, for example in:
Ras Al Khaimah: The Ras Al Khaimah Centre of Reconciliation and Commercial Arbitration;
Ajman: The Ajam Centre for Commercial Conciliation and Arbitration; and
Sharjah: The Tahkeem Sharjah International Arbitration Centre.
UAE - Free-zone Jurisdictions
The Dubai International Financial Centre / London Court of International Arbitration Centre (“DIFC-LCIA Arbitration Centre”) which applies the DIFC-LCIA Arbitration Rules 2016 (the “DIFC-LCIA Arbitration Rules”).
A number of arbitral institutions are based in the United Kingdom, including: London Court of International Arbitration (LCIA), Chartered Institute of Arbitrators (CIArb), London Maritime Arbitrators Association (LMAA) and Reinsurance Arbitration Society (ARIAS (UK)). In addition, various commodity organisations based in the United Kingdom have published arbitral rules, including the Grain & Feed Trade Association (GAFTA) and the London Metal Exchange (LME).
The LCIA issued revised Arbitration Rules in 2014, the CIArb Arbitration Rules entered into effect on 1 December 2015, and the new LMAA terms came into effect in May 2017.
In 2014, the KSA has established the Saudi Center for Commercial Arbitration (“SCCA”) to administer arbitral proceedings in civil and commercial disputes further to parties’ agreements. The SCCA’s jurisdiction does not include personal status, administrative, and criminal disputes, nor does it include matters that cannot be arbitrated, such as Hudud .
In addition to administering arbitration proceedings, the SCCA provides Alternative Dispute Resolution (“ADR”) services that include mediation. The SCCA provides its services, in accordance with international and professional standards, in both Arabic and English.
The SCCA’s staff has been trained by the American Arbitration Association - International Centre for Dispute Resolution (“AAA-ICDR”) and the SCCA provides users with various arbitration and ADR technological tools (such as, video and teleconference, video and audio recording, etc.) and facilities to ensure a rapid and effective settlement of domestic and international commercial disputes.
The SCCA acknowledges the principles of independency, neutrality, integrity, transparency, privacy and responsibility for its litigants in the arbitration procedures.
Arbitration institutions that are headquartered in the United States include the American Arbitration Association (“AAA”), the AAA’s International Centre for Dispute Resolution (“ICDR”), JAMS, the International Institute for Conflict Prevention and Resolution (“CPR”), and the Inter-American Commercial Arbitration Commission (“IACAC”). The CPR amended its Arbitration Rules in 2018, effective 1 March 2018. The other institutions have not amended their rules in the past couple of years.
The International Centre for Settlement of Investment Disputes (“ICSID”) is also headquartered in the U.S. and is an arbitral institution that deals with international investment treaty arbitration. Currently, amendments to the ICSID Rules are under discussion.
In addition to the arbitration institutions that are headquartered in the U.S., the International Chamber of Commerce (“ICC”), which administers arbitrations through its International Court of Arbitration, has offices in the U.S.
The Vienna International Arbitral Centre of the Federal Economic Chamber (VIAC) was founded in 1975 and provides excellent administration of international and domestic arbitrations. Since the recent amendment of the Austrian Federal Act on Economic Chambers in June 2017, the VIAC also administers purely domestic arbitrations.
A new version of the VIAC Rules of Arbitration and Mediation entered into force on 1 January 2018 (“Vienna Rules and Vienna Mediation Rules 2018“). The recently revised Vienna Rules 2018 apply to all proceedings that commenced after 31 December 2017.
The arbitral institutions in Nigeria are as follows:
(i) Abuja Multi-door Courthouse;
(ii) International Centre for Arbitration & Mediation, Abuja;
(iii) Chartered Institute of Arbitrators (UK) Nigerian Branch;
(iv) Lagos Chamber of Commerce International Arbitration Centre;
(v) Lagos Court of Arbitration;
(vi) Lagos Multi-door Courthouse;
(vii) Maritime Arbitrators Association of Nigeria;
(viii) Nigerian Chartered Institute of Arbitrators; and
(ix) Regional Centre for International Commercial Arbitration, Lagos.
Some of these institutions have in the past amended or introduced new rules on arbitration. Most of these institutions have not recently amended their rules and there are no current plans to amend these institutions’ rules.
The most relevant arbitral institution in Portugal is the Commercial Arbitration Centre (“CAC”) of the Portuguese Chamber of Commerce and Industry (http://www.centrodearbitragem.pt/index.php?lang=en). The CAC Rules of Arbitration are recent, as they date back to March 2014, and have recently been amended to include the “Fast Track Arbitration Rules”, which have entered into force in March 2016.
There are other noteworthy arbitral institutions, such as:
i. Concordia (http://www.concordia.pt/)
ii. Centro de Arbitragem de Conflitos de Consumo (http://www.centroarbitragemlisboa.pt/)
iii. Arbitrare (https://www.arbitrare.pt/en/centro_a.php)
iv. Portuguese Arbitral Tribunal for Sports (https://www.tribunalarbitraldesporto.pt/)
There are currently four arbitral institutions in Russia that received an authorisation from the Russian Government: the International Commercial Arbitration Court (“ICAC”) and Maritime Arbitration Commission (“MAC”) at the Chamber of Commerce and Industry of the Russian Federation, the Arbitration Center at the Russian Union of Industrialists and Entrepreneurs, the Russian Arbitration Center at the Russian Institute of Modern Arbitration (“RIMA”). All of them, with the exception of the MAC, have opened branches in various regions of Russia. Moreover, all the arbitral institutions have amended their rules in 2017–2018 to reflect the recent legislative developments.
The Russian Arbitration Association currently awaits government authorisation to administer disputes.
There are no domestic arbitral institutions in Ireland. The Chartered Institute of Arbitrators has a very active Irish branch. There ara a number of sector-specific bodies (principally on the construction industry) which provide arbitral and other dispute resolution services. Parties are free to adopt the rules of any arbitral institutions they believe may be appropriate.
A particular feature of arbitration in Norway is the extensive use of ad hoc arbitration rather than institutional arbitration. One institution, which is used from time to time, is the Arbitration Institute of the Oslo Chamber of Commerce (OCC). The OCC adopted new rules for arbitration and mediation as of 1 January 2017. The new rules include updated procedures for fast-track arbitration and a remuneration schedule that caps the remuneration payable to the arbitral tribunal.
The most important German arbitration institution is the "Deutsche Institution für Schiedsgerichtsbarkeit e.V." (DIS), which has recently changed its English name from "German Institution of Arbitration" to "German Arbitration Institute". It was established in 1992, but its predecessor organisations date back to the 1920s.
The latest version of the DIS Arbitration Rules entered into force on 1 March 2018 ('DIS 2018 Rules'). It replaced the DIS 1998 Rules.
The DIS 2018 Rules contain significant modifications regarding:
- Acceleration of initiation of proceedings and of constitution of the arbitral tribunal;
- Promotion of use of sole arbitrators;
- Mandatory Case Management Conference requiring the discussion of efficiency measures at an early stage;
- Promotion of early settlements;
- New rules on multi-party-, multi-contract-, and joinder situations;
- Stronger administrative role of the DIS.
The DIS has also enacted rules and guidelines for:
- The Reimbursement of Arbitrators Expenses;
- Expert Determination Proceedings;
- Expertise Proceedings;
- Sports Arbitration (2008 and 2016);
- Expedited Arbitration Proceedings;
- Arbitrating Corporate Law Disputes; and
- Conflict Management.
All the DIS-Rules may be found on the website of the institution: http://www.disarb.org/en/16/rules/overview-id0
Other German arbitration institutions include the local representation of the International Chamber of Commerce (ICC) in Germany, the Chinese European Arbitration Centre (CEAC), the German Maritime Arbitration Association (GMAA), and several local Chambers of Industry and Commerce (Industrie- und Handelskammern) that support arbitrations, often by way of referring to the arbitration rules of the DIS.
The only arbitral institution in Croatia is the Permanent Arbitration Court established at the Croatian Chamber of Economy. Arbitration Rules of the Permanent Arbitration Court are the Rules of Arbitration of the Permanent Arbitration Court of the Croatian Chamber of Economy (the ”Zagreb Rules”). The Zagreb Rules entered into force in 2011 and were subsequently amended in 2015.
The principal arbitral institution existing in Chile is the Santiago Arbitration and Mediation Center (CAM Santiago), founded in 1992 by the Santiago Chamber of Commerce. Since its installment, CAM Santiago has provided dispute resolution services for national arbitrations under its own Domestic Arbitration Rules.
Later, in 1998 it started to provide mediation services as a voluntary method for dispute resolution, and finally in 2006 CAM Santiago created the International Arbitration Center with its own set of Rules of International Commercial Arbitration, in accordance with the international standards for these types of procedures.
At the present, CAM Santiago is considering to introduce a series of amendments to the Domestic Arbitration Rules in order to reduce the duration of the arbitral proceedings. Specifically, the amendments pursue to expedite the arbitrator’s appointment process and also to introduce a new and more expedite procedure for claims under certain value (USD $21.000 approximately), in which the time limits and the arbitrator’s fees will be reduced in accordance with the value of the dispute.
One of these institutions is the Philippine Dispute Resolution Center, Inc. (“PDRCI”). As an arbitral institution, it does not directly resolve conflicts. While it administers arbitration, the function of resolving disputes remains with the appointed arbitrators. PDRCI ensures that the rules are complied with during arbitration proceedings.
The 2015 PDRCI Administrative Guidelines contain the latest amendment to its rules, superseding prior Administrative Guidelines. PDRCI has likewise coordinated with the Intellectual Property Office of the Philippines (“IPOPHL”) to establish a complete alternative dispute resolution system involving intellectual property disputes.
The Construction Industry Arbitration Commission (“CIAC”) has exclusive original jurisdiction over disputes involving construction contracts in the Philippines.
CIAC recently issued the Revised Rules of Procedure Governing Commercial Arbitration last 09 November 2017. Amendments were made to align CIAC’s arbitration practices with international standards.
The principal such institutions in Greece are: (a) The Athens Chamber of Commerce and Industry, (b) The Hellenic Chamber of Shipping, (c) The Piraeus Association for Maritime Arbitration, (d) The Regulatory Authority for Energy. Reference is to be made also to the Technical Chamber of Greece. However, pursuant to well-established case law the scope of its authority is limited only to stricto sensu technical disputes.
Furthermore institutional arbitrations are administered by the Athens Bar Association and Thessaloniki Bar Association.
Said institutional arbitrations are provided for under article 902 GrCC. This rule entails a delegation of legislative authority which allows for Presidential Decrees which establish the so - called permanent Arbitration Institutions within the Chambers and delineate their Rules. However, said delegation is fairly limited. Article 902 GrCC provides that articles 867 – 900 GrCC still apply and stipulates only certain matters which may be regulated differently by virtue of said P.Ds. In light of this arrangement, the respective Arbitral Institutions and their Rules are not to be seen as autonomous, in the sense that Chambers are not entirely free to tailor institutional arbitration proceedings the way they see fit in order to meet the evolving needs of their members and to adjust to the ever-changing business environment. The Presidential Decrees controlling said institutional arbitrations are (a) P.D. 31/1979 as regards Athens Chamber of Commerce and Industry, (b) P.D. 447/1969 as regards the Hellenic Chamber of Shipping, and, (c) P.D. 723/1979 as regards the Technical Chamber of Greece.
Τhe institutional arbitration before the Regulatory Authority for Energy is controlled by article 37 of L. 4001/2011. Again, this rule provides for the application of articles 867 – 900 GrCC and/or of the provisions of L. 2735/1999 (depending on the domestic or international nature of arbitration) and introduces specific rules only as to certain matters. Subsequently to the enactment of said law, the Regulatory Authority issued also (by virtue of Decision No. 261/30-3- 2012) a Regulation controlling the arbitration proceedings in the context prescribed by article 37 L. 4001/2011, referring to the application of the provisions of the GrCCP and/or L. 2735/1999. Hence, the comment made above as to the nonexistent self-sufficiency of institutional arbitration rules applies also here.
The Piraeus Association for Maritime Arbitration (PAMA) on the contrary, being a private non-profit legal entity established in 2005 in order to promote the resolution of maritime disputes by arbitration in Piraeus has put in place an autonomous set of rules which is described by its drafters as being “in accordance with international standards and the UNCITRAL Model Law for International Commercial Arbitration as adopted by Greece”.
With the exception of the institutional arbitrations administered by the Athens Bar Association and Thessaloniki Bar Association, no amendments to other institutional arbitration rules are currently considered.