Arbitration Rules

Each of the appointing bodies promulgates its own model arbitration clauses and most also have their own arbitration rules for international and for domestic arbitrations.  Details of these arbitration clauses and arbitration rules may be obtained directly from the relevent bodies.  The arbitration procedures promulgated by arbitration bodies often give that body a wide range of duties to administer or to supervise the arbitration process beyond the role of appointing arbitrators.  Such arbitrations are normally referred to as administered arbitrations.  Arbitrations where the sole responsibility of any arbitration organization is to appoint when agreement cannot be reached and the arbitrators control all other aspects of the procedure are usually known as ad-hoc arbitrations.

The most notable set of internationally recognised rules for ad-hoc arbitration are known as the UNCITRAL Arbitration Rules.These rules were developed by the United Nations Commission on International Trade Law and were adopted by the General Assembly of the United Nations on 15th December 1976.The UNCITRAL rules have been extensively used in small and large arbitrations.

Most sets of arbitration rules provide a basic framework for the conduct of an arbitration but leave many details to the discretion of the arbitrators. If a more detailed framework is required it would be advisable to consider the other issues raised in the UNCITRAL publication: "Notes on Organizing Arbitral Proceedings (1996)" and "IBA Rules on the Taking of Evidence in International Commercial Arbitration" published by the International Bar Association.These publications are available from the UNCITRAL website and the IBA website

[If you are drafting an arbitration clause or are considering embarking on arbitration proceedings it is advisable to take expert advice. Most jurisdictions have mandatory laws that apply to arbitrations conducted within that jurisdiction and you should ensure that the procedure you wish to adopt is consistent with the law of the place selected as the site of the arbitration.]