Arbitration - Investing into North African Solar Power - page 68

M ´diterran ´e ) is going to be established to coordinate the network, advanced
training courses and the ADR. 199
By publishing all its statistical data, the CAM tries to be as transparent as
possible. 200 In 2008, 27 % of all cases in front of a CAM tribunal were considered
to be international arbitration. 201 Furthermore, the arbitration rules of the CAM are
easier to understand than the rules of the CRCICA. 202 Overall, the CAM is an
interesting alternative within the Mediterranean region. However, they do not deal
with large scale projects as often as the ICC does. Thus, there may be concerns due
to the CAM ' s lack of experience.

2.2.2 Arbitration Proceedings

After introducing the different institutions, the following section deals with a
comparison of the different arbitration rules. Due to the historical and structural
comparison of the different institutions, only the ACCA fails to meet the require-
ments. Therefore, analyzing all arbitration rules might help to find the best arbitra-
tion proceeding for the Desertec Concept. The comparison includes all institutional
arbitration frameworks and the UNCITRAL Rules as the prominent example of ad
hoc arbitration.

2.2.2.1 Jurisdiction of Arbitration

There are articles dealing with the jurisdiction of each arbitration institution (Art.
1 and 9(1) of the SCC Rules/Art. 6 of the ICC Rules/Art. 23 of the LCIA Rules/Art.
23 of the CRCICA Rules/Art. 1(1) and 11 of the CAM Rules/Art. 23(1) of the
UNCITRAL Rules) The ICC Rules regulate the question of validity of the arbitra-
tion agreement in a detailed way, whereby the Court decides about it (Art. 6(9) of
the ICC Rules). In addition the latest reform of the ICC Rules established an
emergency arbitrator (Art. 29 ICC Rules and Appendix V to the ICC Rules with
jurisdiction according to Art. 6 Art. Appendix V to the ICC Rules). The emergency
arbitrator procedure is for particularly urgent interim measures. 23(1) and (2) of the
CRCICA Rules even says that the tribunal can check the validity of the contract of
which the arbitration agreement is part of. Similar to the CRCICA, the LCIA Rules
stipulate that the tribunal decides upon its own jurisdiction and the validity of the
arbitration agreement, Art. 23.1 of the LCIA Rules. However, the LCIA tribunal

199 CAM ( 2014b ); Vogl ( 2010 ), 32 (34); Euro-Mediterranean Association for Cooperation and
Development e.V. ( 2010 ), 5; cf Cicogna ( 2010 ), 347 (349).
200 Cicogna ( 2010 ), 347 (350).
201 Cicogna ( 2010 ), 347 (350).
202 Vogl ( 2010 ), 32 (37).