1. International Commercial Arbitration The procedure University of Oslo Giuditta Cordero-Moss, Ph.D., Dr.Juris Professor, Oslo University

2. Legal framework Arbitration agreement Arbitration rules Arbitration law Conventions Soft law Arbitral tribunal’s discretion

3. Mandatory principles Parties’ consent –Scope of dispute –Parties –Arbitral Tribunal’s powers Due process –Impartiality –Each party to be able to present its case Arbitrability Ordre public

4. Formal and actual hierarchy Arbitration agreement Arbitration rules Arbitration law Conventions Soft law Arbitral tribunal’s discretion Arbitration law Conventions Soft law Arbitral tribunal’s discretion Arbitration rules Agreement bewteen the parties

5. Main structure Request for arbitration Response Statement of Claim Statement of Defence [Terms of reference] New exchange of submissions Oral Hearing Award

6. Provisional measures: Court’s powers Courts have jurisidiction on provisional measures –UNCITRAL Model Law art 17J –Vogl § 8 Courts may assist in taking of evidence –UNCITRAL Model Law art 27 –Vogl §30

7. Provisional measures: Arbitral tribunal’s power Interim measures –UNCITRAL Model Law (post 2006) art 17 A Preliminary orders UNCITRAL Model Law (post 2006) art 17 B Emergency arbitrator

8. Law applicable to the substance Parties’ agreement –Not completely unlimited Law determined by the arbitral tribunal

9. How is the applicable law determined? –The PIL of the place of arbitration Norway vogl § 31 –The PIL that the arbitrator deems the most appropriate UNCITRAL Model Law art. 28 –Specific choice-of-law for the arbitration Switzerland PILA art. 187 –Direct application of the rules of law considered appropriate ICC Rules art. 21 –Not specified Sweden, Italy

10. Law or rules of law? If determined by the arbitral tribunal: law –UNCITRAL Model Law art 28(2) If requested by the parties: rules of law UNCITRAL Model Law art 28(1) If requested by the parties: ex bono et aequo UNCITRAL Model Law art 28(3)

11. Law or rules of law? ICC art. 21, LCIA Art 22.3: rules of law even at tribunal’s initiative They are considered as parties’ agreement and are therefore acceptable under Model Law art 28(1)