Environmental Engineering Reference
In-Depth Information
Only the LCIA Rules and the ICC Rules include regulations concerning an
expedited formation of the tribunal (Art. 29 and Appendix V of the ICC Rules/
Art. 9 of the LCIA Rules). This is only possible in an exceptionally urgent case (Art.
29(1) ICC Rules and Art. 1(1)(e) of the Appendix V of the ICC Rules/Art. 9(1) of
the LCIA Rules). It can help to minimize the outage of a project. Especially the
updated Appendix V of the ICC Rules encompasses a detailed and comprehensive
set of regulations concerning the application of an emergency arbitration. It is
noteworthy the ICC tribunal will decided in the form on an order and not an
award according to Art. 6(1) of the Appendix V of the ICC Rules. This might
cause issues with a later enforcement, which is going to be discusses later. Lastly,
only Art. 22(1)(a) of the LCIA Rules allows the direct involvement of a third party,
if one of the disputing parties applies, in the case in question.
2.2.2.8 Arbitration Awards and Costs
All arbitration rules have special provisions on the requirements of an award (Art.
36 of the SCC Rules/Art. 30-35 of the ICC Rules/Art. 26 of the LCIA Rules/Art.
33-41 of the CRCICA Rules/Art. 30 of the CAM Rules/Art. 34 of the UNCITRAL
Rules).
In cases where three arbitrators are in a tribunal, the decision will be by majority
(Art. 35(1) of the SCC Rules/Art. 31(1) of the ICC Rules/Art. 26(3) of the LCIA
Rules/Art. 33(1) of the CRCICA Rules/Art. 30(1) of the CAM Rules/Art. 33(1) of
the UNCITRAL Rules).
Some even include a special provision on the effect of the award (Art. 40 of the
SCC Rules/Art. 34(6) of the ICC Rules/Art. 26(9) of the LCIA Rules/Art. 34 of the
CRCICA Rules). It is doubtful that this provision has any influence on the enforce-
ment of the award, since other legal documents (e.g. NY Convention) deal specif-
ically with this issue.
Finally, there is also the question of cost. All arbitration rules have special
regulations concerning the calculation and composition of the arbitration costs
(Art. 43 of the SCC Rules/Art. 30 and 31 of the ICC Rules/Art. 28 of the LCIA
Rules/Art. 38 to 41 of the CRCICA Rules/Art. 35 to 38 of the CAM Rules/Art. 40 of
the UNCITRAL Rules).
2.2.3 Best Suited Arbitration Process
Overall, almost all arbitration institutions and the UNCITRAL Rules have similar
regulations concerning international commercial disputes. There are only a few
“special” or exceptional regulations in the different arbitration rules, which make
some sets arbitration rules stand out. However, these regulations are not as impor-
tant as they exclude application of arbitration rules, which do not include them.
Thus, it is difficult to recommend a certain set of arbitration rules.
