Environmental Engineering Reference
In-Depth Information
(Art. 16 and 17 of the SCC Rules/Art. 12 of the ICC Rules/Art. 10 of the LCIA
Rules/Art. 13-14 of the CRCICA Rules/Art. 20 of the CAM Rules/Art. 14 of the
UNCITRAL Rules).
2.2.2.3 The Arbitration Process
Some arbitration institutions also include a code of conduct for the arbitration (Art.
19 of the SCC Rules/Art. 22 ICC Rules/Art. 14 of the LCIA Rules/Art. 17 of the
CRCICA Rules/Art. 17 of the UNCITRAL Rules). Only the CAM Rules do not
have a section or article specifically governing how the arbitration is to be
conducted.
All arbitration rules stipulate that the language can be chosen by the parties or
will be chosen by the tribunal (Art. 21(1) of the SCC Rules/Art. 4(1)(h) and 20 of
the ICC Rules and Art. 1(1)(g) and (4) of the Appendix V to the ICC Rules/Art. 5
(1) and (2) of the CAM Rules/Art. 19(1) of the UNCITRAL Rules). Only Art. 19
(1) of the CRCICA Rules regulates that the language is only subject to the party
s
agreement. Furthermore, Art. 17(1) of the LCIA Rules highlights that the language
of arbitration will be according to the language of the arbitration agreement if the
parties do not choose differently. If there are more language versions of the
arbitration agreement, the tribunal will decide which language is applicable for
the process, according to Art. 17.2 of the LCIA Rules.
All the arbitration rules include provisions on the seat of arbitration (Art. 20 of
the SCC Rules/Art. 18 of the ICC Rules and Art. 4 of the Appendix V to the ICC
Rules/Art. 16 of the LCIA Rules/Art. 18 of the CRCICA Rules/Art. 4 of the CAM
Rules/Art. 18 of the UNCITRAL Rules). However, Art. 20(3) of the SCC Rules
specifically mentions that no matter where the hearing, meeting or deliberation is
held, the arbitration will nonetheless be treated if it were being done at the seat of
arbitration.
'
2.2.2.4 Applicable Law, Amendments and Timetable
All arbitration rules say that the applicable law relates to the choice by the parties
(Art. 22(1) of the SCC Rules/Art. 21(1) of the ICC Rules and 1(1)(g) of the
Appendix V to the ICC Rules/Art. 22.3 of the LCIA Rules/Art. 35(1) of the
CRCICA Rules/Art. 2(1) and 3(1) and (2) of the CAM Rules/Art. 35(1) of the
UNCITRAL Rules). If the parties have not chosen any law, the tribunals can
determine which law is best for the respective case (Art. 22(1) of the SCC Rules/
Art. 21(1) of the ICC Rules and 1(1)(g) of the Appendix V to the ICC Rules/Art.
22.3 of the LCIA Rules/Art. 35(1) of the CRCICA Rules/Art. 3(3) of the CAM
Rules/Art. 35(1) of the UNCITRAL Rules). Only the CAM Rules mention that
certain mandatory provisions always apply to arbitration, according to Art. 2(2) of
the CAM Rules.
