UNCITRAL Arbitration Rules
|2.||Appointment of Arbitrator(s): Appointing Authority|
|3.||Administration of the Arbitration|
|The UNCITRAL Arbitration Rules are a comprehensive, internationally accepted, set of rules which parties can adopt for an arbitration arising under their contract. These rules, however, are designed essentially for a non-institutional form of arbitration. Neither UNCITRAL nor any other institution plays any role in the administration of the arbitration. Lack of institutional support often means delays and frustrations in arbitration according to these rules.
Parties need to make special provision if they are to enjoy the benefit of institutional support in the conduct of an UNCITRAL rules arbitration. The two main areas to be considered are:
|(a)||appointment of the arbitrator(s)|
|(b)||institutional support for the progress of the arbitration|
2. Appointment of Arbitrator(s): Appointing Authority
|You should always designate an appointing authority in your arbitration agreement. The Model Arbitration Clause, footnoted to the UNCITRAL Arbitration Rules, in fact, advises parties to consider doing so. If you fail to do so, then, in the event, for instance, of any disagreement about the appointment of an arbitrator, you will have to ask the Permanent Court of Arbitration in The Hague to designate an appointing authority. The appointing authority designated by the Permanent Court then appoints the arbitrator. This process takes time, and can result in substantial and sometimes serious delays to the whole process.
Parties can avoid such problems by agreeing on an appointing authority beforehand. With its substantial experience in the appointment of arbitrators and its wide network of arbitrators in the region and beyond, SIAC is in a position to act as an appointing authority. You may consider designating SIAC as the appointing authority in your contract or arbitration agreement.
Where SIAC is simply designated as the appointing authority, the Practice Notes for Ad Hoc Cases on appointment of arbitrators, arbitrators’ fees and financial management will apply.
3. Administration of the Arbitration
|The UNCITRAL Arbitration Rules do not provide for the management of the financial and other practical aspects of the arbitration. This is left entirely to the arbitral Tribunal and the parties. The Tribunal fixes its own fees, determines the amount of deposits towards its fees, collects the deposits from the parties, and pays itself at the end of the arbitration from the deposits. The parties and the Tribunal also try to manage other administrative chores in the proceedings.
SIAC, as an institution that regularly administers arbitrations, can provide valuable support to the Tribunal and the parties in the management of such practical matters. Parties may consider making provision in their contract for the administration of their arbitration cases by SIAC. See UNCITRAL Model Clause. In this instance, the arbitration will be considered an institutional arbitration administered by SIAC. The Practice Notes for Administered Cases on appointment of arbitrators, arbitrators’ fees and financial management will apply.
|The fees for the administration of UNCITRAL cases are based on the schedule of administration fees.
The arbitrators' fees are based on the schedule of arbitrators' fees.
5. Model Clause
|To enjoy the full benefit of SIAC's services, parties arbitrating under the UNCITRAL Arbitration Rules should not only provide for SIAC to act as the appointing authority; they should also provide for the administration of their arbitration by the SIAC.
Click here for a recommended UNCITRAL arbitration model clause.