Preliminary Issues - Chapter 5 - Comparison of International Arbitration Rules - 3rd Edition
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Originally from: Comparison of International Arbitration Rules - 3rd Edition
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Preliminary Issues
Simpson Thacher & Bartlett LLP
ICSID
ARBITRATION RULES
(2006)
Convention Chapter
II—Article 25—
Jurisdiction of the
Centre
(1) The jurisdiction of
the Centre shall
extend to any legal
dispute arising directly
out of an investment,
between a Contracting
State (or any
constituent subdivision
or agency of a
Contracting State
designated to the
Centre by that State)
and a national of
another Contracting
State, which the
parties to the dispute
consent in writing to
submit to the Centre.
When the parties have
given their consent, no
party may withdraw its
consent unilaterally.
(2) “National of
another Contracting
State” means:
(a) any natural person
who had the
nationality of a
Contracting
State other than the
State party to the
dispute on the
date on which the
parties consented to
submit such dispute
to conciliation or
arbitration as well as
on the date on
which the request was
registered pursuant to
paragraph (3)
of Article 28 or
paragraph (3) of
Article 36, but does
not include any person
who on either date
also had the
nationality of the
Contracting State
party to the dispute;
and
(b) any juridical
person which had the
nationality of a
Contracting
State other than the
State party to the
dispute on the date on
which the parties
consented to submit
such dispute
to conciliation or
arbitration and any
juridical person
which had the
nationality of the
Contracting State
party to the dispute on
that date and which,
because of foreign
control, the parties
have agreed should
be treated as a
national of another
Contracting State for
the purposes of this
Convention.
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