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Constitution of the Arbitral Tribunal - Chapter 3 - Comparison of International Arbitration Rules - 3rd Edition

Author(s): 
Simpson Thacher and Bartlett L.L.P.
Page Count: 
38 pages
Media Description: 
PDF from "Comparison of International Arbitration Rules - 3rd Edition"
Published: 
September, 2008
Jurisdictions: 
International
Practice Areas: 
Arbitral Process,
Arbitrators and Arbitral Tribunals,
Capacity and Qualifications of Arbitrators,
Challenge of Arbitrators,
Compensation of Arbitrators,
Designation of Arbitrators,
Removal and Resignation of Arbitrators,
Responsibility of Arbitrators,
International Institutions and Rules,
ICC,
ICSID,
SCC,
UNCITRAL,
National Institutions and Rules,
AAA,
CPR,
ICDR,
LCIA
Author Detail: 

About the Author:
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.

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Description: 

Originally from: Comparison of International Arbitration Rules

 

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Constitution of the Arbitral Tribunal

Simpson Thacher & Bartlett LLP

LCIA ARBITRATION
RULES
(1998)

Article 5—Formation
of the Arbitral
Tribunal

5.4 The LCIA Court
shall appoint the
Arbitral Tribunal as
soon as practicable
after receipt by the
Registrar of the
Response or after the
expiry of 30 days
following service of
the Request upon the
Respondent if no
Response is received
by the Registrar (or
such lesser period
fixed by the LCIA
Court). The LCIA
Court may proceed
with the formation of
the Arbitral Tribunal
notwithstanding that
the Request is
incomplete or the
Response is missing,
late or incomplete. A
sole arbitrator shall be
appointed unless the
parties have agreed in
writing otherwise, or
unless the LCIA Court
determines that in
view of all the
circumstances of the
case a three-member
tribunal is appropriate.

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