Deviations from the agreed procedural rules: A no go? Dr. Markus Altenkirch, LL.M., Baker McKenzie Frankfurt

Article V(1)(d) New York Convention 1.Recognition and enforcement of the award may be refused, … where … (d) … the arbitral procedure was not in accordance with the agreement of the parties

Agenda The “Frankfurt Trap” The facts of the decision The decision Reception amongst arbitration practitioners How to avoid the “Frankfurt Trap”? Further comparative view Can an arbitral institution impose expedited procedure and sole arbitrator?

“The arbitral tribunal furthermore documents the parties’ agreement as to the content of written submissions: … in the expert reports, each expert has to disclose all sources of information made available to him or her.”

Switzerland The rest of the world ?

Rule 5.2.(b) SIAC Rules 2013: The case shall be referred to a sole arbitrator, unless the President determines otherwise.

Singapore Supreme Court AQZ v. ARA [2015] SGHC 49 versus Shanghai Intermediate Court Noble Resources International Pte. Ltd v. Shanghai Good Credit International Trade Co., Ltd. (2016) Hu 01 Xie Wai Ren No. 1

“I am of the view that “express assent” … is not necessary … to override the parties’ agreement for arbitration before three arbitrators … A commercially sensible approach … would be to recognise that the SIAC President does have the discretion to appoint a sole arbitrator.”