Beruflich Dokumente
Kultur Dokumente
UNCITRAL
LCIA Rules ICC Rules SCC Rules CIETAC Rules SIAC Rules HKIAC Rules
Ad hoc Rules
2014 2012 2010 2014 2016 2013
2013
Deemed start date of arbitration Articles 1.4, 4.4 Articles 3.3, 4.2 Articles 4, 8(3) Article 11 Rules 2.2, 3.3 Articles 2.1, 2.2, 4.2, Articles 2.5, 3.2
Date of receipt by the Registrar, Day request is received by Day request is received by SCC Day request is received by the Day request is delivered to Day request is delivered or Day request is delivered or
which is the date delivered (if hard Secretariat, Arbitration Court Registrar transmitted to HKIAC attempted to be delivered to
copy) or transmitted (if soft copy) respondent
Default deadline for response Article 2.1 Article 5.1 Article 5(1) Article 15 Rule 4.1 Article 5.1 Article 4.1
28 days from the start of arbitration 30 days from receiving request Set by Secretariat 45 days from receipt of notice of 14 days from receipt of notice of 30 days from receipt of notice of 30 days from receipt of notice of
from ICC Secretariat by respondent arbitration by respondent arbitration by respondent arbitration by respondent arbitration by respondent
Default number of arbitrators Article 5.8 Article 12.2 Article 12 Article 25 Rule 9.1 Article 6 Article 7
Sole arbitrator Sole arbitrator (in deemed complex Three arbitrators (unless SCC Three arbitrators Sole arbitrator HKIAC decides Three arbitrators
cases the default number of Board considers sole arbitrator is
arbitrators is three) sufficient)
Default appointment of a sole Article 5.6 Articles 12.2, 12.3 Article 13(2) Article 27,28 Rule 10 Article 7 Article 8.1
arbitrator By LCIA after receipt of response By ICC Court after 30 days from Joint appointment within 10 days, Joint appointment within 15 days Joint appointment within 21 days Joint appointment within 30 days Joint appointment within 30 days,
or, if no response, 35 days from the the start of the arbitration, unless otherwise by the SCC Board from respondent's receipt of notice, from receipt of request by from HKIAC's decision, otherwise otherwise by appointing authority
start of arbitration sole arbitrator agreed by parties otherwise by Chairman of CIETAC Registrar, otherwise by President HKIAC using list procedure
of SIAC
Default appointment of three Article 5.6, 5.8 Articles 12.2, 12.4, 12.5 Article 13(3) Article 27 Rule 11 Article 8 Article 9
member tribunal By LCIA after receipt of response Each party nominates an arbitrator, Parties appoint equal number of Within 15 days from receipt of Each party nominates an arbitrator, Claimant nominates its arbitrator Each party appoints an arbitrator, if
or, if no response, 35 days from the chair appointed by ICC arbitrators, chair appointed by SCC request, parties each appoint (or if within 14 days of first nomination within 15 days of HKIAC's decision, within 30 days of first nomination a
start of arbitration Board entrust Chairman of CIETAC to a party fails to nominate its and respondent nominates within party fails to nominate its arbitrator
appoint) an arbitrator, and jointly arbitrator, President of SIAC will 15 days after that, the two the appointing authority will appoint
nominate (or entrust the Chairman appoint on its behalf; chair arbitrators nominate the chair on its behalf, the two arbitrators
of CIETAC to appoint) chair appointed by President of SIAC within 30 days of confirmation of appoint the chair within 30 days
second arbitrator, otherwise by from appointment of second
HKIAC arbitrator
Default restrictions on Article 6.1 Article 13.5 Article 13(5) None None Article 11.2 None
arbitrators where parties with Sole arbitrator/chair not of Sole arbitrator/chair not of Sole arbitrator/chair not of Sole arbitrator/chair not of
different nationalities nationality of any party nationality of any party nationality of any party nationality of any party
Time limit for challenging Article 10.3 Article 14.2 Article 15(2) Articles 32.1/32.3 Rule 15.1 Article 11.7 Article 13
arbitrator 14 days from appointment or, if 30 days from 15 days from becoming aware of 10 days where based on 14 days from appointment or 14 15 days from appointment or 15 15 days from appointment or 15
later, 14 days from becoming appointment/confirmation or 30 relevant circumstances information disclosed by arbitrator days from becoming aware of days from becoming aware of days from becoming aware of
aware of relevant circumstances days from becoming aware of on appointment relevant circumstances relevant circumstances relevant circumstances
relevant circumstances 15 days once the tribunal is formed
and 15 days from becoming aware
of relevant circumstances
Joinder Article 22.1(viii) Article 7.1 No provision Article 18 Rule 7 Article 27 Article 17.5
Only on application by a party and On request by a party and only Only on application by a party On application by a party or non- On request by party or third party On request by party and only if
consent of applicant and new party permitted prior to either before or after formation of party either before or after and only if third party is prima facie third party is party to arbitration
required confirmation/appointment of any tribunal; in case of objection, formation of tribunal if third party is party to the arbitration agreement agreement; joinder cannot
arbitrator, unless otherwise agreed CIETAC decides prima facie party to arbitration prejudice any party
agreement or all parties consent
Consolidation Article 22.1(ix;x) Article 10 Article 11 Article 19 Rule 8 Article 28.1 No provision
Subject to approval by LCIA where: On request by party, ICC Court can On request by party, the SCC On request by party, CIETAC can On request by party, SIAC Court or On request by party, tribunal can
all parties consent; or consolidate pending ICC Board can consolidate new claims consolidate where: tribunal can consolidate where: consolidate where:
LCIA arbitrations arbitrations under ICC Rules where: all claims are under same parties agree; parties agree;
commenced under where: these concern same legal arbitration agreement; claims under same claims under same
same/compatible arbitration the parties agree; or relationship; identical or compatible arbitration agreement; or arbitration agreement; or
agreement between same all claims made under same in respect of which there is claims under multiple compatible arbitration common question of law/fact
parties; and no tribunal arbitration agreement; or pending SCC arbitration; arbitration agreements agreements and disputes in all arbitrations, relief from
appointed or composed of same parties, in connection between same parties where either, claims involve arise out of same legal same transaction, and
same arbitrators with same legal relationship, same parties or there is a relationship, principal and HKIAC finds arbitration
and ICC finds arbitration principle contract; or ancillary contract or same agreements compatible
agreements compatible all the parties agree transaction or series of
transactions.
Mediation LCIA Mediation Rules available. ICC Mediation Rules available. SCC Mediation Rules available. No CIETAC mediation rules. SIAC-SIMC Arb-Med-Arb Protocol HKIAC Mediation Rules available. UNCITRAL Conciliation Rules
Recommended mediation clauses Recommended mediation clauses Recommended mediation clauses No recommended mediation available. Recommended mediation clause available.
available available available clause. Recommended Arb-Med-Arb available. Recommended conciliation clause
clause available. available.
Important Note: This is a simplified guide intended to provide an overview of the similarities and differences among some of the major institutional and ad hoc international arbitration rules. It is not intended as a substitute for detailed legal advice as to the procedures and laws which govern a particular
dispute. Advice should be sought when agreeing to arbitration and at any early stage of any dispute. Correct as at 12 October 2016.
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