Arbitration Clause - Chapter 1 - Comparison of International Arbitration Rules - 3rd Edition

Simpson Thacher & Bartlett LLP has one of the most dynamic and successful international arbitration practices in the world. Litigators in the firm act as counsel and arbitrator in international arbitrations under all of the major international arbitration rules, including the ICC, AAA, LCIA and UNCITRAL arbitration rules. The firm represents major multinational corporations in significant arbitrations – conducted in English, French, Spanish, German and Dutch – in Geneva, Paris, London, Amsterdam, Hong Kong, Buenos Aires, New York and Washington. The Firm is consistently identified as one of the leading international arbitrations firms in the world, and its litigators are repeatedly profiled among the world’s leading international arbitration lawyers.

PDF77.25 KB

$40.00

Description:

Originally from: Comparison of International Arbitration Rules

Preview Page

Arbitration Clause

Simpson Thacher & Bartlett LLP

ICC ARBITRATION
RULES
(1998)

"All 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."

Parties are reminded
that it may be
desirable for them to
stipulate in the
arbitration clause itself
the law governing the
contract, the number
of arbitrators and the
place and language of
the arbitration. The
parties' free choice of
the law governing the
contract and of the
place and language of
the arbitration is not
limited by the ICC
Rules of Arbitration.

Attention is called to
the fact that the laws
of certain countries
require that parties to
contracts expressly
accept arbitration
clauses, sometimes in
a precise and
particular manner.

Table of Contents:

Full Table of Contents from "Comparison of International Arbitration Rules - 3rd Edition"

1 ARBITRATION CLAUSE
Model Clause
Effect of Arbitration Clause/Application of Rules

2 COMMENCEMENT OF ARBITRATION
Notice or Request for Arbitration
Answer and Counterclaims/Reply
Registration Fee/Advance on Costs
Consolidation

3 CONSTITUTION OF THE ARBITRAL TRIBUNAL
Number of Arbitrators
Nationality/Qualifications of Arbitrators
Disclosure by Arbitrators
Appointment of Arbitrators
Challenge of Arbitrators
Replacement of Arbitrators
Truncated Tribunals
Compensation of Arbitrators
Communications Between Parties and Arbitrators
Liability of Arbitrators/Arbitral Institutions

4 GENERAL CONDITIONS
Notices and Communications/Calculation of Periods of Time
Place of Arbitration
Language/Translations
Representation and Assistance
Confidentiality/Privacy

5 PRELIMINARY ISSUES
Jurisdictional Issues
Applicable Substantive Law
Punitive Damages

6 ARBITRAL PROCEEDINGS
Transmission of File to Arbitrators
Conduct of Proceedings Generally/Applicable Procedural Law
Procedural Rulings
Expedited Proceedings
Terms of Reference/Procedural Timetable/Pre-Hearing Conference
Statement of Claim
Statement of Defense/Counterclaims/Reply
Amendments to Claims/Defenses
Further Written Statements
Time Limits
Disclosure/Discovery
Hearings
Evidence
Witnesses
Experts
Interim Measures
Emergency Interim Measures
Default
Waiver of Rules
Closure of Hearings or Proceedings

7 ARBITRAL DECISIONS/AWARDS
Time Limits for Award
Quorum/Dissents
Place, Form, Notification and Effect of Award
Currency of Award/Interest
Determination and Allocation of Arbitration Costs
Correction, Interpretation or Supplementation of Award
Settlement/Other Termination
Recourse Against Award

INDEX

APPENDIX

International Chamber of Commerce ("ICC") Arbitration Rules
AAA/ICDR International Arbitration Rules
London Court of International Arbitration ("LCIA") Rules
Stockholm Chamber of Commerce ("SCC") Arbitration Rules
International Center for the Settlement of Investment Disputes ("ICSID") Arbitration Rules
United Nations Commission on International Trade Law ("UNCITRAL") Arbitration Rules
Center For Public Resources ("CPR") International Arbitration Rules