Lex Mundi Global Arbitration Institutions Guide |
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International - (CIArb) |
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(International)
Firm
Steptoe LLP
Contributors
Jonathan Raynes |
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| Name of Arbitral Institution; with abbreviation, if any. | Chartered Institute of Arbitrators ("CIArb") |
| Where is the seat of the Arbitral Institution? | The Chartered Institute of Arbitrators is headquartered in London. The seat of each arbitration is to be determined by the parties or the tribunal, and need not be London. |
| Is there an umbrella organization for the Arbitral Institution? | No. |
| How is the Arbitral Institution structured? | It is a not for profit, registered charity, run by a board of trustees. |
| Is there a compulsory list of arbitrators that parties are required to choose from? | There is no compulsory list, and the parties have the autonomy to choose the identity or nature of the tribunal. If the CIArb is asked to appoint, arbitrators are chosen from CIArb's panel. |
| Can the place of arbitration freely be chosen by the parties? Is there a default place of arbitration? | The parties have total autonomy. If the parties have not previously agreed on the place of arbitration, it will be decided by the arbitral tribunal, having considered the circumstances of the case. |
| What is the amount of the registration fee? | There is no registration - the CIArb does, however, charge if asked to appoint arbitrators (£600 per appointment). |
| What is the average cost of an arbitration in the following cases? 1 arbitrator, amount in dispute = $1 million | The CIArb does not administer arbitrations or charge fees (save for appointment fees, if applicable). The costs are therefore based upon the fees charged by the tribunal and the parties' own legal and expert teams. It is impracticable to estimate costs as they depend entirely on the procedure adopted, as to which the CIArb is not prescriptive. |
| What is the average cost of an arbitration in the following cases? 3 arbitrators, amount in dispute = $10 million | The CIArb does not administer arbitrations or charge fees (save for appointment fees, if applicable). The costs are therefore based upon the fees charged by the tribunal and the parties' own legal and expert teams. It is impracticable to estimate costs as they depend entirely on the procedure adopted, as to which the CIArb is not prescriptive. |
| What is the average cost of an arbitration in the following cases? 3 arbitrators, amount in dispute = $100 million | The CIArb does not administer arbitrations or charge fees (save for appointment fees, if applicable). The costs are therefore based upon the fees charged by the tribunal and the parties' own legal and expert teams. It is impracticable to estimate costs as they depend entirely on the procedure adopted, as to which the CIArb is not prescriptive. |
| Who pays advances on costs? What happens in the event of default? | Costs of the arbitration shall, in principle, be paid by the unsuccessful party or parties, but the arbitral tribunal may apportion costs between such parties if it determines such action reasonable. |
| Does the Arbitral Institution have formalistic procedures (e.g. terms of reference) that must be complied with? If so, which ones? | No. The CIArb rules are similar to UNCITRAL rules. |
| Which languages can be used for communication with the Arbitral Institution? | The CIArb has local branches in many countries around the globe, but one would expect correspondence with the CIArb to be generally in English. |
| Who is the main point of contact for the parties within the Arbitral Institution? | There is generally little need for the parties to have contact with the institution - many arbitrations under the CIArb rules will have none whatsoever. The primary contact would generally be for the appointment of an arbitrator, which is done by the CIArb's Dispute Appointment Service: Dispute Appointment Service |
| Are there restrictions on the language that the arbitration may be conducted in? | No. |
| Who appoints substitute arbitrators? | The CIArb rules give the institution authority to appoint a substitute arbitrator if necessary. |
| Are there specific regulations for multi-party arbitrations or joinders to the proceedings? | The rules merely give the tribunal the power to include additional persons to be joined into the arbitration so long as they are party to the arbitration agreement. |
| Are oral hearings compulsory? | No. The procedure is a matter for the tribunal. |
| What are common evidence-taking practices? | The procedure is a matter for the tribunal and can reflect the parties' wishes and local custom. The only general principle is that the parties have the burden of proving the allegations they each make. |
| What is the average duration of arbitration proceedings? | It is very difficult to say - as arbitrations under CIArb rules are not administered, statistics are not generally available. In the UK the process is likely to take around 18 months from initial notice to award. |
| What is the timeframe for rendering the award? | There is no time frame. It is a matter for the tribunal. |
| Are extensions to time limits permissible? | Yes. |
| Can the arbitral tribunal impose interim measures? Is there a competing competency of the ordinary courts with regard to interim measures? | The tribunal is given the power to impose interim measures, but the parties also have the right to seek relief from any relevant local court. |
| Do the institutional rules provide for an emergency arbitrator? | Yes, see Appendix I of the Arbitration Rules. |
| Are there any specific regulations for expedited proceedings? If so, is there a deadline for rendering such an award? | No. As an alternative to the normal CIArb rules for arbitration, the institution also publishes alternative rules which the parties may agree to adopt providing for cost-controlled arbitration or speedy Business Arbitration where an award should be given within 90 days. |
| Are arbitral awards submitted for scrutiny? If so, to whom? | No. |
| Do costs necessarily follow the event? | No, although there is a rebuttable presumption that they should. |
| 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? | Under English law, an award can be challenged on a point of law, serious irregularity, or jurisdiction. The NY convention rules are applied with regard to the enforcement of award to which the convention applies. |
| Link to institutional rules | http://www.ciarb.org/dispute-appointment-service/arbitration/ciarb-arbitration-rules |
| Link to model clause | http://www.ciarb.org/dispute-appointment-service/recommended-clauses |
Lex Mundi Global Arbitration Institutions Guide
International - (CIArb)
(International) Firm Steptoe LLPContributors Jonathan Raynes
Updated 01 Nov 2018Chartered Institute of Arbitrators ("CIArb")
The Chartered Institute of Arbitrators is headquartered in London. The seat of each arbitration is to be determined by the parties or the tribunal, and need not be London.
No.
It is a not for profit, registered charity, run by a board of trustees.
There is no compulsory list, and the parties have the autonomy to choose the identity or nature of the tribunal. If the CIArb is asked to appoint, arbitrators are chosen from CIArb's panel.
The parties have total autonomy. If the parties have not previously agreed on the place of arbitration, it will be decided by the arbitral tribunal, having considered the circumstances of the case.
There is no registration - the CIArb does, however, charge if asked to appoint arbitrators (£600 per appointment).
The CIArb does not administer arbitrations or charge fees (save for appointment fees, if applicable). The costs are therefore based upon the fees charged by the tribunal and the parties' own legal and expert teams. It is impracticable to estimate costs as they depend entirely on the procedure adopted, as to which the CIArb is not prescriptive.
The CIArb does not administer arbitrations or charge fees (save for appointment fees, if applicable). The costs are therefore based upon the fees charged by the tribunal and the parties' own legal and expert teams. It is impracticable to estimate costs as they depend entirely on the procedure adopted, as to which the CIArb is not prescriptive.
The CIArb does not administer arbitrations or charge fees (save for appointment fees, if applicable). The costs are therefore based upon the fees charged by the tribunal and the parties' own legal and expert teams. It is impracticable to estimate costs as they depend entirely on the procedure adopted, as to which the CIArb is not prescriptive.
Costs of the arbitration shall, in principle, be paid by the unsuccessful party or parties, but the arbitral tribunal may apportion costs between such parties if it determines such action reasonable.
No. The CIArb rules are similar to UNCITRAL rules.
The CIArb has local branches in many countries around the globe, but one would expect correspondence with the CIArb to be generally in English.
There is generally little need for the parties to have contact with the institution - many arbitrations under the CIArb rules will have none whatsoever.
The primary contact would generally be for the appointment of an arbitrator, which is done by the CIArb's Dispute Appointment Service:
Dispute Appointment Service
Chartered Institute of Arbitrators
T +44 (0) 20 7421 7444
F +44 (0) 20 7900 2899
12 Bloomsbury Square
London, WC1A 2LP
das@ciarb.org
No.
The CIArb rules give the institution authority to appoint a substitute arbitrator if necessary.
The rules merely give the tribunal the power to include additional persons to be joined into the arbitration so long as they are party to the arbitration agreement.
No. The procedure is a matter for the tribunal.
The procedure is a matter for the tribunal and can reflect the parties' wishes and local custom. The only general principle is that the parties have the burden of proving the allegations they each make.
It is very difficult to say - as arbitrations under CIArb rules are not administered, statistics are not generally available. In the UK the process is likely to take around 18 months from initial notice to award.
There is no time frame. It is a matter for the tribunal.
Yes.
The tribunal is given the power to impose interim measures, but the parties also have the right to seek relief from any relevant local court.
Yes, see Appendix I of the Arbitration Rules.
No. As an alternative to the normal CIArb rules for arbitration, the institution also publishes alternative rules which the parties may agree to adopt providing for cost-controlled arbitration or speedy Business Arbitration where an award should be given within 90 days.
No.
No, although there is a rebuttable presumption that they should.
Under English law, an award can be challenged on a point of law, serious irregularity, or jurisdiction.
The NY convention rules are applied with regard to the enforcement of award to which the convention applies.