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Getting The Deal Through


Published: February 2020


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  • 1.

    Multilateral conventions relating to arbitration
    Is your jurisdiction a contracting state to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards? Since when has the Convention been in force? Were any declarations or notifications made under articles I, X and XI of the Convention? What other multilateral conventions relating to international commercial and investment arbitration is your country a party to?

  • 2.

    Bilateral investment treaties
    Do bilateral investment treaties exist with other countries?

  • 3.

    Domestic arbitration law
    What are the primary domestic sources of law relating to domestic and foreign arbitral proceedings, and recognition and enforcement of awards?

  • 4.

    Domestic arbitration and UNCITRAL
    Is your domestic arbitration law based on the UNCITRAL Model Law? What are the major differences between your domestic arbitration law and the UNCITRAL Model Law?

  • 5.

    Mandatory provisions
    What are the mandatory domestic arbitration law provisions on procedure from which parties may not deviate?

  • 6.

    Substantive law
    Is there any rule in your domestic arbitration law that provides the arbitral tribunal with guidance as to which substantive law to apply to the merits of the dispute?

  • 7.

    Arbitral institutions
    What are the most prominent arbitral institutions situated in your jurisdiction?

  • 8.

    Are there any types of disputes that are not arbitrable?

  • 9.

    What formal and other requirements exist for an arbitration agreement?

  • 10.

    In what circumstances is an arbitration agreement no longer enforceable?

  • 11.

    Are there any provisions on the separability of arbitration agreements from the main agreement?

  • 12.

    Third parties - bound by arbitration agreement
    In which instances can third parties or non-signatories be bound by an arbitration agreement?

  • 13.

    Third parties - participation
    Does your domestic arbitration law make any provisions with respect to third-party participation in arbitration, such as joinder or third-party notice?

  • 14.

    Groups of companies
    Do courts and arbitral tribunals in your jurisdiction extend an arbitration agreement to non-signatory parent or subsidiary companies of a signatory company, provided that the non-signatory was somehow involved in the conclusion, performance or termination of the contract in dispute, under the ‘group of companies’ doctrine?

  • 15.

    Multiparty arbitration agreements
    What are the requirements for a valid multiparty arbitration agreement?

  • 16.

    Can an arbitral tribunal in your jurisdiction consolidate separate arbitral proceedings? In which circumstances?

  • 17.

    Eligibility of arbitrators
    Are there any restrictions as to who may act as an arbitrator? Would any contractually stipulated requirement for arbitrators based on nationality, religion or gender be recognised by the courts in your jurisdiction?

  • 18.

    Background of arbitrators
    Who regularly sit as arbitrators in your jurisdiction?

  • 19.

    Default appointment of arbitrators
    Failing prior agreement of the parties, what is the default mechanism for the appointment of arbitrators?

  • 20.

    Challenge and replacement of arbitrators
    On what grounds and how can an arbitrator be challenged and replaced? Please discuss in particular the grounds for challenge and replacement, and the procedure, including challenge in court. Is there a tendency to apply or seek guidance from the IBA Guidelines on Conflicts of Interest in International Arbitration?

  • 21.

    Relationship between parties and arbitrators
    What is the relationship between parties and arbitrators? Please elaborate on the contractual relationship between parties and arbitrators, neutrality of party-appointed arbitrators, remuneration and expenses of arbitrators.

  • 22.

    Duties of arbitrators
    What are arbitrators’ duties of disclosure regarding impartiality and independence throughout the arbitral proceedings?

  • 23.

    Immunity of arbitrators from liability
    To what extent are arbitrators immune from liability for their conduct in the course of the arbitration?

  • 24.

    Court proceedings contrary to arbitration agreements
    What is the procedure for disputes over jurisdiction if court proceedings are initiated despite an existing arbitration agreement, and what time limits exist for jurisdictional objections?

  • 25.

    Jurisdiction of arbitral tribunal
    What is the procedure for disputes over jurisdiction of the arbitral tribunal once arbitral proceedings have been initiated, and what time limits exist for jurisdictional objections?

  • 26.

    Place and language of arbitration, and choice of law
    Failing prior agreement of the parties, what is the default mechanism for the place of arbitration and the language of the arbitral proceedings? How is the substantive law of the dispute determined?

  • 27.

    Commencement of arbitration
    How are arbitral proceedings initiated?

  • 28.

    Is a hearing required and what rules apply?

  • 29.

    By what rules is the arbitral tribunal bound in establishing the facts of the case? What types of evidence are admitted and how is the taking of evidence conducted?

  • 30.

    Court involvement
    In what instances can the arbitral tribunal request assistance from a court, and in what instances may courts intervene?

  • 31.

    Is confidentiality ensured?

  • 32.

    Interim measures by the courts
    What interim measures may be ordered by courts before and after arbitration proceedings have been initiated?

  • 33.

    Interim measures by an emergency arbitrator
    Does your domestic arbitration law or do the rules of the domestic arbitration institutions mentioned above provide for an emergency arbitrator prior to the constitution of the arbitral tribunal?

  • 34.

    Interim measures by the arbitral tribunal
    What interim measures may the arbitral tribunal order after it is constituted? In which instances can security for costs be ordered by an arbitral tribunal?

  • 35.

    Sanctioning powers of the arbitral tribunal
    Pursuant to your domestic arbitration law or the rules of the domestic arbitration institutions mentioned above, is the arbitral tribunal competent to order sanctions against parties or their counsel who use ‘guerrilla tactics’ in arbitration? May counsel be subject to sanctions by the arbitral tribunal or domestic arbitral institutions?

  • 36.

    Decisions by the arbitral tribunal
    Failing party agreement, is it sufficient if decisions by the arbitral tribunal are made by a majority of all its members or is a unanimous vote required? What are the consequences for the award if an arbitrator dissents?

  • 37.

    Dissenting opinions
    How does your domestic arbitration law deal with dissenting opinions?

  • 38.

    Form and content requirements
    What form and content requirements exist for an award?

  • 39.

    Time limit for award
    Does the award have to be rendered within a certain time limit under your domestic arbitration law or under the rules of the domestic arbitration institutions mentioned above?

  • 40.

    Date of award
    For what time limits is the date of the award decisive and for what time limits is the date of delivery of the award decisive?

  • 41.

    Types of awards
    What types of awards are possible and what types of relief may the arbitral tribunal grant?

  • 42.

    Termination of proceedings
    By what other means than an award can proceedings be terminated?

  • 43.

    Cost allocation and recovery
    How are the costs of the arbitral proceedings allocated in awards? What costs are recoverable?

  • 44.

    May interest be awarded for principal claims and for costs, and at what rate?

  • 45.

    Interpretation and correction of awards
    Does the arbitral tribunal have the power to correct or interpret an award on its own or at the parties’ initiative? What time limits apply?

  • 46.

    Challenge of awards
    How and on what grounds can awards be challenged and set aside?

  • 47.

    Levels of appeal
    How many levels of appeal are there? How long does it generally take until a challenge is decided at each level? Approximately what costs are incurred at each level? How are costs apportioned among the parties?

  • 48.

    Recognition and enforcement
    What requirements exist for recognition and enforcement of domestic and foreign awards, what grounds exist for refusing recognition and enforcement, and what is the procedure?

  • 49.

    Time limits for enforcement of arbitral awards
    Is there a limitation period for the enforcement of arbitral awards?

  • 50.

    Enforcement of foreign awards
    What is the attitude of domestic courts to the enforcement of foreign awards set aside by the courts at the place of arbitration?

  • 51.

    Enforcement of orders by emergency arbitrators
    Does your domestic arbitration legislation, case law or the rules of domestic arbitration institutions provide for the enforcement of orders by emergency arbitrators?

  • 52.

    Cost of enforcement
    What costs are incurred in enforcing awards?

  • 53.

    Influence of legal traditions on arbitrators
    What dominant features of your judicial system might exert an influence on an arbitrator from your jurisdiction?

  • 54.

    Professional or ethical rules
    Are specific professional or ethical rules applicable to counsel and arbitrators in international arbitration in your jurisdiction? Does best practice in your jurisdiction reflect (or contradict) the IBA Guidelines on Party Representation in International Arbitration?

  • 55.

    Third-party funding
    Is third-party funding of arbitral claims in your jurisdiction subject to regulatory restrictions?

  • 56.

    Regulation of activities
    What particularities exist in your jurisdiction that a foreign practitioner should be aware of?

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