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1.
Multilateral conventions relating to arbitration
Is your country 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?To read more
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2.
Bilateral investment treaties
Do bilateral investment treaties exist with other countries?To read more
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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?To read more
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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?To read more
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5.
Mandatory provisions
What are the mandatory domestic arbitration law provisions on procedure from which parties may not deviate?To read more
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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?To read more
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7.
Arbitral institutions
What are the most prominent arbitral institutions situated in your country?To read more
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8.
Arbitrability
Are there any types of disputes that are not arbitrable?To read more
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9.
Requirements
What formal and other requirements exist for an arbitration agreement?To read more
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10.
Enforceability
In what circumstances is an arbitration agreement no longer enforceable?To read more
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11.
Third parties - bound by arbitration agreement
In which instances can third parties or non-signatories be bound by an arbitration agreement?To read more
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12.
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?To read more
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13.
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?To read more
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14.
Multiparty arbitration agreements
What are the requirements for a valid multiparty arbitration agreement?To read more
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15.
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?To read more
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16.
Background of arbitrators
Who regularly sit as arbitrators in your jurisdiction?To read more
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17.
Default appointment of arbitrators
Failing prior agreement of the parties, what is the default mechanism for the appointment of arbitrators?To read more
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18.
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?To read more
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19.
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.To read more
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20.
Immunity of arbitrators from liability
To what extent are arbitrators immune from liability for their conduct in the course of the arbitration?To read more
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21.
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?To read more
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22.
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?To read more
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23.
Place and language of arbitration
Failing prior agreement of the parties, what is the default mechanism for the place of arbitration and the language of the arbitral proceedings?To read more
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24.
Commencement of arbitration
How are arbitral proceedings initiated?To read more
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25.
Hearing
Is a hearing required and what rules apply?To read more
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26.
Evidence
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?To read more
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27.
Court involvement
In what instances can the arbitral tribunal request assistance from a court and in what instances may courts intervene?To read more
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28.
Confidentiality
Is confidentiality ensured?To read more
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29.
Interim measures by the courts
What interim measures may be ordered by courts before and after arbitration proceedings have been initiated?To read more
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30.
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?To read more
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31.
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?To read more
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32.
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?To read more
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33.
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?To read more
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34.
Dissenting opinions
How does your domestic arbitration law deal with dissenting opinions?To read more
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35.
Form and content requirements
What form and content requirements exist for an award?To read more
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36.
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?To read more
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37.
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?To read more
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38.
Types of awards
What types of awards are possible and what types of relief may the arbitral tribunal grant?To read more
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39.
Termination of proceedings
By what other means than an award can proceedings be terminated?To read more
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40.
Cost allocation and recovery
How are the costs of the arbitral proceedings allocated in awards? What costs are recoverable?To read more
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41.
Interest
May interest be awarded for principal claims and for costs and at what rate?To read more
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42.
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?To read more
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43.
Challenge of awards
How and on what grounds can awards be challenged and set aside?To read more
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44.
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?To read more
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45.
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?To read more
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46.
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?To read more
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47.
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?To read more
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48.
Cost of enforcement
What costs are incurred in enforcing awards?To read more
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49.
Judicial system influence
What dominant features of your judicial system might exert an influence on an arbitrator from your country?To read more
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50.
Professional or ethical rules applicable to counsel
Are specific professional or ethical rules applicable to counsel in international arbitration in your country? Does best practice in your country reflect (or contradict) the IBA Guidelines on Party Representation in International Arbitration?To read more
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51.
Third-party funding
Is third-party funding of arbitral claims in your jurisdiction subject to regulatory restrictions?To read more
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52.
Regulation of activities
What particularities exist in your jurisdiction that a foreign practitioner should be aware of?To read more
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Updates and trends
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