International Commercial

Arbitration
The arbitral tribunal
University of Oslo
Giuditta Cordero-Moss, Ph.D., Dr.Juris
Professor, Oslo University

Ad hoc arbitration
Parties agree on arbitration
They specify that the arbitration shall be
ad hoc, or
They do not say anything

Legal framework

Arbitration agreement
(Arbitration rules)
Arbitration law
Conventions
Soft law

Arbitration rules
UNCITRAL Arbitration Rules, if the parties
have chosen them
http://www.uncitral.org/uncitral/en/uncitral_
texts/arbitration/2010Arbitration_rules.html
Any rules that the parties may have
agreed on
Any rules that the tribunal may determine
appropriate

Arbitration law, conventions, soft law

Fully applicable to ad hoc arbitration

Distinguishing feature
Need for appointing authority
UNCITRAL Rules (art. 6): designated by the
parties or by the Secretary General of the
PCA
UNCITRAL Model Law (art.11): court
e.g.Norwegian Arbitration Act 6, 13: court that
would have had jurisdiction or court of first instance in
Oslo

Fragile if no applicable rules were

designated

Institutional arbitration
Parties agree on arbitration under the
rules of a specific arbitral institution
ICC
http://www.iccwbo.org/uploadedFiles/Court/Arbitration/other/2012_Arbitration%20and%20AD
R%20Rules%20ENGLISH.pdf

LCIA http://www.lcia.org/Dispute_Resolution_Services/LCIA_Arbitration_Rules.aspx
SCC
http://www.sccinstitute.com/filearchive/3/35894/K4_Skiljedomsregler%20eng%20ARB%20T
RYCK_1_100927.pdf

Swiss Rules https://www.sccam.org/sa/download/SRIA_english.pdf

Legal framework

Arbitration agreement
Arbitration rules
Arbitration law
Conventions
Soft law

Arbitration rules
By choosing the institution, its rules
automatically become applicable
The parties may also agree to have the
proceeding administered by an institution
under the UNCITRAL Rules

Arbitration law, conventions, soft law

Fully applicable to institutional arbitration

Distinguishing feature
Institution acts as appointing authority
Institution acts as a secretariat in respect
of costs
Depending on the rules, it may be complex
and time consuming (terms of reference,
court of arbitration)

Seat of arbitration
Proceedings in the territory are subject to
that countrys arbitration law, e.g.
UNCITRAL Model Law art 1(2)
Arbitration law is procedural, not
substantive

Seat v. hearings
Hearings do not have to be held at the
seat
Model Law art 20(2), vogl 22
UNCITRAL Arbitration rules art 18(2)
ICC Arbitration rules art 18(2)
SCC Arbitration rules art 20(2)

Arbitration law

Recognition of arbitration agreements

Arbitrability
Role of courts
Constitution of the arbitral tribunal
Seat
Powers of the arbitral tribunal
Procedural rules
Costs
Mandatory principles on due process
Validity of arbitral awards
Enforcement of arbitral awards

Composition of the arbitral tribunal

Arbitration agreement
Arbitration rules
Arbitration law

Number of arbitrators
Three arbitrators
Sole arbitrator

Arbitration rules

If parties have not agreed,

UNCITRAL Rules
Three arbitrators unless
Appointing authority deems sole appropriate,
One party requests, and
The other party does not object
SCC
Three arbitrators unless
Arbitration Institute deems sole appropriate
ICC
Sole arbitrator unless
Court of arbitration deems three appropriate

Arbitration law
If parties have not agreed and there are no
arbitration rules,
UNCITRAL Model Law art. 10(2), vogl 12:
Three arbitrators

English Arbitration Act sec. 15(3):

Sole arbitrator

Appointmenet of arbitral tribunal

Arbitration agreement
Arbitration rules
Arbitration law

Arbitration rules
If parties have not agreed,
UNCITRAL Rules art.8, 9:

Sole: Parties agreement

Three: Each party appoints one, two arbitrators appoint chairman
Failure: Appointing authority with list method
Failure: Appointing authority

SCC art 13

Sole: Parties agreement

Three: Each party appoints one, Arbitration Institute appoints chairman
Failure: Arbitration Institute

ICC

Sole: Parties nominate

Three: Each party nominates one, Court of Arbitration appoints chairman
Failure: Court of Arbitration

Arbitration law
If parties have not agreed and there are no
arbitration rules,
UNCITRAL Model Law art 11, vogl 13
Sole: Parties agreement
Three: Each party appoints one, two arbitrators appoint chairman
Failure: Court

English Arbitration Act sec 16-18

Sole: Parties agreement
Three: Each party appoints one, two arbitrators appoint chairman
Failure: Appointed arbitrator to be treated as sole, or Court

Requirements
Independence and impartiality
Availability
Qualifications
Challenge