International Centres of Arbitration: Overview
This article discusses the international centres of Arbitration. Arbitration has impacted solving international disputes in modern times..
This article discusses the international centres of arbitration. Arbitration has had an impact on solving international disputes in modern times, especially because of the shift of the ideology of the nations in solving disputes from aggressive to peaceful methods. This has happened because of several reasons. The most important reason is that arbitration is non-aggressive, law-binding, interactive, confidential, party-friendly, and most importantly, it uses a single statutory authority...
The most important reason is that arbitration is non-aggressive, law-binding, interactive, confidential, party-friendly, and most importantly, it uses a single statutory authority to resolve disputes. Several surveys show that the nations prefer using arbitration as a means of dispute resolution in the courts of law.
Internationally there are many organizations working providing cutting edge arbitration services to the nations to solve their disputes.
There are many arbitration styles adapted to suit the circumstances of different types of disputes. The difference separating the types of ADR and international arbitration is that in most cases, the parties agree to solve the disputes through arbitration before entering into a contract. This makes it binding for the parties to try to resolve the disputes through that process.
International Centres of Arbitration
I. EUROPE
1. London Court of International Arbitration (LCIA)
ESTD: 1986
LOCATION: London
A large percentage of the members of the LCIA are from countries outside the UK. Therefore it is capable of providing arbitration services anywhere in the world. It deals with a number of disputes ranging from energy to foreign trade, transport, distribution, technology, construction, and engineering. The LCIA has devised a system called the User’s council for particular regions to refine the system of providing arbitration practices.
2. International Chamber of Commerce (ICC)
ESTD: 1923
LOCATION: PARIS
It is one of the most active and influential ADR centres providing international arbitration services. It has its own set of arbitration rules known as the ICC Arbitration rules, which are followed whenever the parties agree on giving the matter of dispute to be resolved by the ICC
3. Swiss Chambers Arbitration Institution (SCAI)
LOCATION: SWITZERLAND
The organization alleges to have been resolving international arbitration disputes for more than 150 years. The arbitration in the SCAI follows the guidelines in the Swiss Rules of International Arbitration.
4. Stockholm Chamber of Commerce (SCC)
ESTD: 1902
LOCATION: Stockholm and Uppsala Capital Region.
The wing of the SCC dealing with arbitration is also called the Arbitration Institute of the Stockholm Chamber of Commerce. It has its own guidelines and also follows the UNCITRAL guidelines for International Commercial Arbitration.
5. Permanent Court of Arbitration(PCA)
ESTD: 1899
LOCATION: Hague, Netherlands.
Established by the Convention for the Pacific Settlement of International Disputes on 29th July 1899 and 18th October 1907. The PCA has 122 Contracting Parties. The PCA has a three-pronged structure which consists of an Administrative Council whose main function is to look after the policies and budgets, panel arbitrators nominated by the contracting parties who are known as the Members of the Court, and the Secretariat, known as the International Bureau, which the Secretary-General heads.
6. Chartered Institute of Arbitrators (CIArb)
ESTD: 1915
LOCATION: LONDON
A not-for-profit, UK registered charity working in the public interest through an international network of branches, existing for the global promotion, facilitation, and development of all forms of private dispute resolution to maximize the contribution that dispute resolution practitioners make.
7. WIPO [World Intellectual Property Organization] Arbitration and Mediation Center
ESTD: 1967
LOCATION Geneva, Switzerland,
WIPO has a further office in Singapore, the WIPO Arbitration and Mediation Center was established in 1994 to offer Alternative Dispute Resolution (ADR) options, in particular, arbitration and mediation, for the resolution of international commercial disputes between private parties.
II. AFRICA
1. Kigali International Arbitration Centre (KIAC)
ESTD: 2013
LOCATION: RWANDA
The main objective of KIAC was to promote the use of arbitration in Rwanda. It is reputed in solving major arbitration cases in Africa.
2. Lagos Court of Arbitration
ESTD: 2012
LOCATION: Lagos, Nigeria
The International Centre For Arbitration & ADR (ICAA) serves as the permanent headquarter of the LCA. It asserts being Africa’s one of most influential arbitration centres and proud itself on having a highly qualified arbitrator with the aim of resolving the dispute.
III. AMERICA
1. American Arbitration Association (AAA) and the International Centre for Dispute Resolution (ICDR)
ESTD: 1996
LOCATION: New York City, Mexico.
AAA is one of the recognized associations providing internationally relevant arbitration services. In 1991, it adopted arbitration rules known as the AAA International Arbitration Rules. These rules are based on the UNCITRAL model laws on International Commercial Arbitration.
2. International Centre for Settlement of Investment Disputes (ICSID)
ESTD: 1966
LOCATION: Washington,
An autonomous international institution established under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States with over one hundred and forty member States. The primary purpose of ICSID is to provide facilities for conciliation and arbitration of international investment disputes.
IV. ASIA
1. China International Economic and Trade Arbitration Commission (CIETAC)
ESTD: 1956
LOCATION: CHINA
It is one of the most important centers for arbitration in the Chinese mainland. A large number of disputes are controlled by a number of exceptionally experienced arbitrators from around the world.
2. Hong Kong International Arbitration Centre (HKIAC)
ESTD: 1985
LOCATION: Hong Kong
Hong Kong International Arbitration Centre (HKIAC) is an independent and non-profit organization and the area of important areas of construction, commercial disputes, joint ventures, and shipping. The organization has a number of highly experienced.
3. Singapore International Arbitration Centre (SIAC)
ESTD: 1991
LOCATION: Singapore
The Singapore Government funds this organization.
According to recent research, the UNCITRAL Model Law on Arbitration is the most used by the countries. The United Nations General Assembly, by resolution 2205 (XXI) of 17 December 1966, was introduced.
The United Nations Commission on International Trade Law (UNCITRAL), “plays an important role in developing that framework in pursuance of its mandate to further the progressive harmonization and modernization of the law of international trade by preparing and promoting the use and adoption of legislative and non-legislative instruments in a number of key areas of commercial law? Those areas include dispute resolution, international contract practices, transport, insolvency, electronic commerce, international payments, secured transactions, procurement and sale of goods”.[1]
With the emergence of UNCITRAL, a new era of ADR came about. all the countries had framed their arbitration laws on the basis of the model laws.
[1] https://uncitral.un.org/sites/uncitral.un.org/files/media-documents/uncitral/en/12-57491-guide-to-uncitral-e.pdf
Alternative Dispute Resolution – Notes, Case Laws and Study Material
Avishikta Chattopadhyay
Institution: Rajiv Gandhi National University of Law. As a researcher, she passionately engages in contemporary legal issues and believes in law beyond books.
