16 March 2015 www.ciarb.org Practice & Standards Committee Tim Hardy.

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Presentation transcript:

16 March Practice & Standards Committee Tim Hardy

 The Chartered Institute of Arbitrators (“CIArb”) is a professional institution, a not-for-profit organisation and a registered charity, founded in 1915, and granted Royal Charter in  Its headquarters are in London, but it has more than 13,000 members in 120 countries around the world.  CIArb is celebrating its centenary in Tim Hardy

 Role of the Practice and Standards Committee (PSC)  Current projects: Arbitration Practice Guidelines  Main Challenges  Benefits Tim Hardy

 Role of the Practice and Standards Committee (PSC)  Developing and promoting best practice worldwide  Promoting and disseminating a wider knowledge of the law and practice  Maintaining an Information and Resource Centre Tim Hardy

 Current projects: Arbitration Practice Guidelines  Identification of topics which merit a Guideline  Revision of existing Guidelines  Ensure that the Guidelines reflect the current best international practice Tim Hardy

 Arbitration Practice Guidelines  Full list of Guidelines is available at: guidelines-protocols-and-rules guidelines-protocols-and-rules  The Guidelines address various aspects occurring before, during and after the closing of the arbitral proceedings Tim Hardy

 Arbitration Practice Guidelines 1.Guideline on Interviewing Prospective Arbitrators 2.Guideline on Accepting Appointment and Formulating Terms of Remuneration 3.Guideline on Issuing Procedural Orders and Managing the Arbitration Process 4.Guideline on Applications for Interim Measures 5.Guideline on Applications for Security for Costs 6.Guideline on Challenges to Jurisdiction Tim Hardy

 Arbitration Practice Guidelines 7.Guideline on Guideline on the Use of Tribunal-appointed Experts 8.Guideline on the Use of ADR Procedures 9.Guideline on Documents-only Arbitrations 10.Guideline on Multi-party Arbitrations 11.Guideline on Consumer Arbitration (unfair terms) Tim Hardy

 Arbitration Practice Guidelines 12.Guideline on Sanctions for Non-compliance with Procedural Orders 13.Guideline on Notices of Arbitration Applications to the Court 14.Guideline on Drafting Arbitral Awards (Part I) 15.Guideline on Awarding Costs (Part II) 16.Guideline on Awarding Interest (Part III) Tim Hardy

 Main Challenges  Divergence between civil law and common law countries  Lack of readily available information on particular issues (eg., security for costs)  Constantly evolving practice and changing rules Tim Hardy

 Benefits  Efficiency  Predictability  Easily accessible practical tool aimed at arbitrators, counsel, parties and anyone involved in arbitration Tim Hardy

 Work in Progress  Organising conferences to promote further discussion on specific controversial and problematic areas  Involving academics and practitioners from around the world in the peer review process  Future plans: publish a book containing the Guidelines

QUESTIONS & ANSWERS