Chapter 2Arbitration Institution.ppt

Chapter 2Arbitration Institution Ad hoc v. Inst’l Arbitration Business place Administration staff Rules of arbitration Panel list Function of Institution Draft arbitration rules supervision on the application of the Rules Administration works Maintain panel list Preliminary decision on the jurisdiction Assistance to the composition of the arbitration tribunal Appointment or withdraw of the appointment of the arbitrator Advantages Disadvantages Efficiency Quality of works Arbitration fee Enforcement issues Classification on the Institution International based on int’l convention ICSID Local registered in particular country Local Arbitration Institutions American Arbitration Association (AAA) London Court of International Arbitration (LCIA) Arbitration Institute of the Stockholm Chamber of Commerce (SCC) China International Economic Trade Arbitration Commission (CIETAC) Hong Kong International Arbitration Center (HKIAC) ICC in General ICC 1919: NGO ICC Arbitration Court 1923 International Court of Arbitration (1998) ICC Rules ICC Council 1955 Rules: jurisdiction rules 1975 Rules: procedure rules application 1998 Rules: application of the substantive law ICC Arbitration Arbitration rules Place of arbitration Language used Substantive rules Nationality of the arbitrators Unique Characteristics Terms of reference Court review of the draft award before the official award sent to the parties Model Arbitration Clause 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. Cases Relating to the Application of ICC Rules Zublin Case Xiamen co. v. Taiwan co. Swiss co. v. Hainan co. Xiamen co. v. Taiwan co. Dispute settled by friendly consultation or subject to ICC arbitration Supreme ct. replied in 1996 that ICC Ct. is the only institution to apply ICC Rules Ct. has no jurisdictio