Arbitration - Investing into North African Solar Power - page 73

Art. 27(2) of the CRCICA Rules/Art. 26 (1) of the CAM Rules/Art. 27-29 of the
UNCITRAL Rules). The question of the tribunal appointing an expert is mostly the
same within all arbitration rules (Art. 29 of the SCC Rules/Art. 25(3) of the ICC
Rules/Art. 20(1), 20(2) and 20(7) of the LCIA Rules/Art. 27 of the CRCICA Rules/
Art. 26 of the CAM Rules).
With regard to interim measures, almost all tribunals have the same regulations
(Art. 32 of the SCC Rules/Art. 28 and 29 of the ICC Rules and Art. 1(1)(e) of the
Appendix V to the ICC Rules/Art. 25 of the LCIA Rules/Art. 26 of the CRCICA
Rules/Art. 22(2) of the CAM Rules/Art. 26 of the UNCITRAL Rules). In almost all
cases, the possibility to conclude an interim measure exists “if it deems appropri-
ate.” Based on the fact that the SCC process is a national arbitration, the interim
measures are according to Swedish law. Therefore, they can be more effective than
international interim tools.
2.2.2.7 Confidentiality, Consolidation and LCIA Specialties
Another important fact of arbitration is confidentiality. All arbitration rules include
special regulations concerning the confidentiality of tribunals (Art. 46 of the SCC
Rules/Art. 22(3), Art. 6 of the Appendix I of the ICC Rules, Art. 1 of the Appendix
II to the ICC Rules/Art. 30 of the LCIA Rules/Art. 40 of the CRCICA Rules/Art.
8 of the CAM Rules). The UNCITRAL Rules addresses the issue of confidentiality
in Art. 34(5) and demands that both parties consent. Parties can agree on special
confidentiality agreements, e.g. by stipulating it within the arbitration agreement. 223
These agreements are always at risk of being challenged, interpreted differently by
one party or violating the law. 224 It is important to analyze the applicable law and its
regulations concerning the possibility to conclude confidentiality agreements. 225
Furthermore, confidentiality agreements only apply inter partes , which means third
parties must sign separate agreements for example. 226 It must be kept in mind that
there also exemptions to confidentiality, e.g. agreed waivers, time, geographic
limits, or on the ground of public policy. 227
There is also the possibility of consolidation in most arbitration rules, which
means that combinations of different arbitrations involving the same parties and
concerning the same legal relationship are possible (Art. 11 of the SCC Rules/Art.
10 of the ICC Rules/Art. 25 of the LCIA Rules/Art. 22(3) of the CAM Rules). Art.
11 of the SCC Rules points out that after consulting the parties, the Board can
decide on consolidation. Consolidation is not regulated within the UNCITRAL
Rules or the CRCICA Rules.
223 Trakman ( 2002 ), 1 (11).
224 Trakman ( 2002 ), 1 (12).
225 Horn ( 2008 ), 587 (594); Trakman ( 2002 ), 1 (13).
226 Trakman ( 2002 ), 1 (14-15).
227 Trakman ( 2002 ), 1 (16-17).