Lex Mundi Global Arbitration Institutions Guide |
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Ireland |
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| (Europe) Firm Arthur Cox Updated 29 Oct 2018 | |
| Name of Arbitral Institution; with abbreviation, if any. | No Irish Arbitral Institution. Most common institutions used for international arbitrations seated in Ireland are the ICC, LCIA or ICDR. Ireland adopted the UNCITRAL Model Law with the enactment of the Arbitration Act 2010. |
| Where is the seat of the Arbitral Institution? | NA |
| Is there an umbrella organization for the Arbitral Institution? | NA |
| How is the Arbitral Institution structured? | NA |
| Is there a compulsory list of arbitrators that parties are required to choose from? | NA |
| Can the place of arbitration freely be chosen by the parties? Is there a default place of arbitration? | NA |
| What is the amount of the registration fee? | NA |
| What is the average cost of an arbitration in the following cases? 1 arbitrator, amount in dispute = $1 million | NA |
| What is the average cost of an arbitration in the following cases? 3 arbitrators, amount in dispute = $10 million | NA |
| What is the average cost of an arbitration in the following cases? 3 arbitrators, amount in dispute = $100 million | NA |
| Who pays advances on costs? What happens in the event of default? | NA |
| Does the Arbitral Institution have formalistic procedures (e.g. terms of reference) that must be complied with? If so, which ones? | NA |
| Which languages can be used for communication with the Arbitral Institution? | NA |
| Who is the main point of contact for the parties within the Arbitral Institution? | NA |
| Are there restrictions on the language that the arbitration may be conducted in? | NA |
| Who appoints substitute arbitrators? | NA |
| Are there specific regulations for multi-party arbitrations or joinders to the proceedings? | NA |
| Are oral hearings compulsory? | NA |
| What are common evidence-taking practices? | NA |
| What is the average duration of arbitration proceedings? | NA |
| What is the timeframe for rendering the award? | NA |
| Are extensions to time limits permissible? | NA |
| Can the arbitral tribunal impose interim measures? Is there a competing competency of the ordinary courts with regard to interim measures? | NA |
| Do the institutional rules provide for an emergency arbitrator? | NA |
| Are there any specific regulations for expedited proceedings? If so, is there a deadline for rendering such an award? | NA |
| Are arbitral awards submitted for scrutiny? If so, to whom? | NA |
| Do costs necessarily follow the event? | Section 21(1) of the Arbitration Act provides that the parties to an arbitration agreement can agree to deal with costs of the arbitration as they wish. Section 21(3) of the Arbitration Act 2010 provides that if there is no agreement by the parties as to costs, the arbitral tribunal can determine costs as it sees fit by way of an award. |
| Can an arbitral award be annulled in your jurisdiction? If yes, do the reasons for annulment in principle correspond to the reasons for denial of enforcement according to the New York Convention? | Article 34 of the Model Law, as adopted, provides an exhaustive list of grounds available to challenge an arbitral award under the 2010 Act. Under this Article, the grounds upon which a party can apply to the High Court in Ireland to have an arbitral decision set aside are limited to those set out below: A party to the arbitration agreement was under some alleged incapacity or the arbitration agreement was not valid under the law to which the parties have subjected it or under the law of the state. The party making the application was not given proper notice of the appointment of the arbitrator or of the arbitral proceedings or was otherwise unable to present his case. The award contains decisions on matters beyond the scope of the submission to arbitration. The composition of the arbitral tribunal was not in accordance with the agreement of the parties. The arbitral procedure was not in accordance with the agreement of the parties. The award is in conflict with the public policy of the state. The subject matter of the dispute is not capable of settlement by arbitration under the law of the state. |
| Link to institutional rules | NA |
| Link to model clause | NA |
Lex Mundi Global Arbitration Institutions Guide
No Irish Arbitral Institution. Most common institutions used for international arbitrations seated in Ireland are the ICC, LCIA or ICDR. Ireland adopted the UNCITRAL Model Law with the enactment of the Arbitration Act 2010.
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Section 21(1) of the Arbitration Act provides that the parties to an arbitration agreement can agree to deal with costs of the arbitration as they wish. Section 21(3) of the Arbitration Act 2010 provides that if there is no agreement by the parties as to costs, the arbitral tribunal can determine costs as it sees fit by way of an award.
Article 34 of the Model Law, as adopted, provides an exhaustive list of grounds available to challenge an arbitral award under the 2010 Act. Under this Article, the grounds upon which a party can apply to the High Court in Ireland to have an arbitral decision set aside are limited to those set out below: A party to the arbitration agreement was under some alleged incapacity or the arbitration agreement was not valid under the law to which the parties have subjected it or under the law of the state. The party making the application was not given proper notice of the appointment of the arbitrator or of the arbitral proceedings or was otherwise unable to present his case. The award contains decisions on matters beyond the scope of the submission to arbitration. The composition of the arbitral tribunal was not in accordance with the agreement of the parties. The arbitral procedure was not in accordance with the agreement of the parties. The award is in conflict with the public policy of the state. The subject matter of the dispute is not capable of settlement by arbitration under the law of the state.
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