Arbitration - Investing into North African Solar Power - page 72

the eventuality that not all the parties in a multi-party case are able to select an
arbitrator. 216
However, international multi-party litigations are rather rare. By dividing the
process into single phases, where each party was able to state their claims, the result
was a delay of the litigation. 217 The biggest problem of multi-party arbitration lies
in the fact that most rules of procedure are set up for two-party litigation. 218
Furthermore, the principle of confidentiality is harder to observe, which represents
the main benefit of choosing arbitration. 219 Longer proceedings also lead to higher
costs and decrease the proceedings ' efficiency. 220 Finally, legal unity cannot be
guaranteed, because of the different development of contracts. 221
De facto multi-party arbitrations are often split into the respective two-party
constellations and because of less confidentiality, parties frequently reject a

legal

'

222 In addition, the questions of higher costs, less efficiency and legal unity
do not support the application of multi-party arbitration.
With regard to multi-party arbitration, all arbitration regulations include a
section concerning procedural details (Art. 13(4) of the SCC Rules/Art. 7 and
8 of the ICC Rules/Art. 8 of the LCIA Rules/Art. 8 of the CRCICA Rules/Art.
15 of the CAM Rules). Finally, there is also an increasing demand for multi-
contract arbitration, but only Art. 6(2) and 4(2) of the ICC Rules deal with this
issue specifically. Overall, multi-party arbitration is not advisable due to the
numerous drawbacks.

pooling.

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2.2.2.6 Evidence, Hearings, Witnesses and Interim Measures

All arbitration rules have special statutes relating to evidence and hearings, whereas
most of them are quite similar (Art. 26 and 27 of the SCC Rules/Art. 20(5) and 21 of
the ICC Rules/Art. 22.1(f) and 16(2) of the LCIA Rules/Art. 27 and 28 of the
CRCICA Rules/Art. 25 and 24 of the CAM Rules/Art. 27 and 28 of the UNCITRAL
Rules). The SCC Rules and the ICC Rules are the most detailed arbitration rules
concerning issues of evidence. In the Appendix IV to the ICC Rules new regula-
tions concerning the documentary of evidence were introduced as part of a new case
management technique.
There are special regulations concerning witnesses and appointed experts.
Unlike the LCIA there is no requirement for a witness statement in writing (Art.
28(1) of the SCC Rules/Art. 25(3) of the ICC Rules/Art. 20.3 of the LCIA Rules/

216

Possible solution in Article 1126 NAFTA, in: Lamm et al. ( 2009 ), 54 (71-72).
217 Procedural efficiency, in: Lamm et al. ( 2009 ), 54 (69); Nicklisch ( 1994 ), 53 (60).
218 Nicklisch ( 1994 ), 53 (60).
219 Lamm et al. ( 2009 ), 54 (72-74); Nicklisch ( 1994 ), 53 (61).
220 Nicklisch ( 1994 ), 53 (61-62).
221 Further references, in: Nicklisch ( 1994 ), 53 (62).
222 Nicklisch ( 1994 ), 53 (65-66).