Arbitration / Mediation / Litigation Litigation & Dispute Resolution

Comparison of International Arbitration Rules, 6th Edition

By Simpson Thacher and Bartlett LLP
Juris Publishing September 2022

Specifications

ISBN-13
9781944825584
Publisher
Juris Publishing
Publication
September 2022
Format
Paperback , 412 pages
Jurisdiction
International ? Countri(es) for reference only

Details

The International Arbitration Team at Hogan Lovells LLP continues the work started by colleagues at Simpson Thacher & Bartlett LLP in compiling the current Sixth Edition of Comparison of International Arbitration Rules of prevailing rules that guide international arbitration proceedings throughout major centers across the world. All of the international arbitration rules compared in this edition are current and up to date as of 2022. The publication is an invaluable resource for all lawyers as it provides the most up-to-date comparison of major institutional rules.  Whether you are helping clients draft arbitration provisions for contracts; advising sovereign and quasi-sovereign entities preparing critical legislation; helping clients through arbitration proceedings; or researching the cornerstone of international arbitration, the knowledge contained in Comparison of International Arbitration Rules, Sixth Edition is your guide. This book allows you to spend less time searching and more time solving your client’s most pressing legal issues and problems.

This completely current Sixth Edition reflects all the amendments made to the rules following the COVID-19 pandemic, including the 2021 ICC Rules, the 2021 AAA/ICDR Rules, the 2020 LCIA Rules, and the 2022 ICSID Convention Arbitration and Conciliation Rules recently approved on July 1st.

Table of Contents

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

COMMENCEMENT OF ARBITRATION
Notice or Request for Arbitration
Answer and Counterclaims/Reply
Registration Fee/Advance on Costs
Joinder of Parties

CONSTITUTION OF THE ARBITRAL TRIBUNAL 
Consolidation
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

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

PRELIMINARY ISSUES
Jurisdictional Issues
Applicable Substantive Law
Punitive Damages

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 Arbitral Interim Measures
Default
Waiver of Rules
Closure of Hearings or Proceedings

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

About the Author

Hogan Lovells LLP is led by the 170-plus member market-leading international arbitration team at Hogan Lovells can strategically steer the most important dispute regardless of size, complexity, or seat. We bring together teams that span jurisdictions and time zones to resolve your disputes through commercial or investment treaty arbitration. We handle all aspects, as well as the before and after — from pre-arbitration litigation to post-award proceedings to appeals before the highest courts around the world. Our lawyers have held high-level positions on arbitration boards worldwide – the ICC Task Force on the Revision of Rules of Arbitration; the ICDR Panel (chairmanship), which drafted the International Expedited Procedures; and the UNCITRAL Working Group of Commercial Arbitration and Conciliation.

The publication was prepared by a cross-office team, led by Oliver Armas and Samaa Haridi (Partners, New York), Richard Lorenzo (Partner, Miami), and Gabriella Morello (Senior Associate, Miami).  The team that prepared this update included other associates throughout the firm’s International Arbitration practice, including Alba Briones (Madrid), Julia Grabowska (New York), William Homer (Miami), and Eduardo Lobaton Guzman (Mexico City).  A special thanks to Irina Goga (New York) and Orlando Federico Cabrera Colorado (Mexico City) for their extra effort on this important project.

Oliver J. Armas is a Partner in Hogan Lovells’ New York office.  Ollie has handled arbitrations under the rules of many of the major arbitral institutions around the world, including the ICC, AAA/ICDR, LCIA, ICSID, HKIAC, SIAC, SMA, LMAA, DIAC, and DIFC, among others.  He is also a highly sought-after arbitrator.  Fluent in Spanish, and with an understanding of Portuguese, Ollie routinely counsels clients on matters involving Latin America.  Ollie is also an active member of Hogan Lovells’ National Diversity Committee, and has served as part of the faculty of the Columbia Law School – Chartered Institute Of Arbitrators Comprehensive Course On International Arbitration, as well as being a guest lecturer at Harvard Law School, NYU School of Law, and The University of Pennsylvania Law School.

Samaa A. Haridi is a Partner in Hogan Lovells’ New York office.  Samaa is a common and civil law trained lawyer whose practice focuses on complex international commercial and investment arbitration proceedings under the arbitration rules of all the major arbitral institutions.  Samaa also frequently sits as an arbitrator.  She is currently serving as an officer in a number of arbitral organizations, including as Court Member of the ICC International Court of Arbitration, as Senior Vice-Chair of the Arbitration Committee of the International Bar Association, and as Vice President of the LCIA Arab Users’ Council.  Samaa is a member of the bars of New York, California, and England & Wales, and is native in French and Arabic, in addition to her fluency in English.  Given Samaa’s commitment to the representation of women in arbitration, she was recently appointed to the Equal Representation in Arbitration Pledge’s Global Steering Committee, and she serves as an advisor to the Hogan Lovells’ International Arbitration Women’s Steering Committee.

Gabriella Morello is a Senior Associate in Hogan Lovells’ Miami office.  Gabriella has represented clients in high value ICC, AAA/ICDR, UNCITRAL, DIFC, and LCIA arbitrations. Fluent in English and Spanish, and proficient in Portuguese, she routinely advises clients on matters involving Latin America.  Committed to equal representation in the legal field, Gabriella co-founded and serves as co-chair of the firm’s International Arbitration Women’s Steering Committee. Gabriella is a member of the bars of New York and Florida. 

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