National arbitration laws
What legislation applies to arbitration in your jurisdiction?

Australia
Baker & McKenzie

The International Arbitration Act 1974 (Cth) governs international arbitration (eg, where one party is foreign) in Australia. Each state has its own commercial arbitration act which applies to domestic arbitration. Both the International Arbitration Act and the various commercial arbitration acts adopt the UNCITRAL Model Law (except the Commercial Arbitration Act in the Australian Capital Territory).

Bahrain
Charles Russell Speechlys LLP

In July 2015 Bahrain issued Law 9/2015, promulgating the Arbitration Law. The new Arbitration Law is yet to be tested; however, it has incorporated the UNCITRAL Model Law in its entirety and will therefore likely accord with the worldwide consensus on key aspects of international arbitration practice.

Bahrain set up the Bahrain Chamber for Dispute Resolution (BCDR) in 2009, in partnership with the American Arbitration Association (AAA). The BCDR Arbitration Rules are modelled on those published by the AAA and the AAA’s international arm, the International Centre for Dispute Resolution.

The BCDR is governed by Legislative Decree 30/2009 with respect to the Bahrain Chamber for Economic, Financial and Investment Dispute Resolution and is devised as a dual mechanism for parties to resolve disputes, under either statutory court procedures or arbitration by express choice.

The Gulf Cooperation Council (GCC) Commercial Arbitration Centre is governed by the rules and procedures set out in the GCC Commercial Arbitration Centre Charter 1993 and is designed as a centre for commercial dispute resolution involving GCC nationals and commercial disputes arising from incorporation of the GCC Unified Economic Agreement.

Belgium
ALTIUS

The principal piece of legislation that applies to arbitration is Part VI (Articles 1676 - 1722) of the Judicial Code, as introduced by the Act of June 24 2013, which entered into force on September 1 2013.

Brazil
Dechert LLP

The Arbitration Act (Law 9,307/96).

Bulgaria
Kambourov & Partners Attorneys at Law

Both international and domestic arbitration is regulated by the International Commercial Arbitration Act.

The Private International Law Code and the New York Convention apply to the recognition and enforcement of foreign arbitral awards.

The Civil Procedure Code defines arbitrability and regulates arbitration-related proceedings before courts.

Denmark
Lassen Ricard

The Arbitration Act (Act 553/2005, as amended on February 26 2008) and Executive Order 117 of March 7 1973 on the recognition and enforcement of foreign arbitral awards. 

Egypt
Shearman & Sterling LLP

Law 27/1994 on Civil and Commercial Arbitration (the Arbitration Act) is the primary legislation regulating arbitration in Egypt. It applies to both domestic and international arbitrations seated in Egypt and those which the parties have chosen to subject to the act. Several provisions of Law 13/1968 on Civil and Commercial Procedures and Law 25/1968 on Evidence in Civil and Commercial Matters may also be relevant to arbitration. In addition, Egypt has ratified the New York Convention and incorporated its terms into the Egyptian legal system by virtue of the Decree of the Minister of Foreign Affairs 19/1959.

France
King & Spalding LLP

In 1980 and 1981 France adopted a modern arbitration statute creating two arbitration regimes: one for domestic arbitration and the other for international arbitration. ‘International arbitration’ is defined broadly as arbitration in which “international trade interests are at stake” (Article 1504 of the Code of Civil Procedure). However, the statute, codified in Book IV of the Code of Civil Procedure, remained silent on many issues. As a result, a large body of jurisprudence emerged to fill in the blanks. 

On January 13 2011 France adopted Decree 2011-48, replacing Book IV with a redrafted set of 85 articles divided into Title I (Domestic Arbitration: Articles 1442 to 1503 of the code) and Title II (International Arbitration: Articles 1504 to 1527 of the code). The new statute encompasses and clarifies the provisions of the previous statute, confirms and codifies existing case law and practice, and incorporates a few innovations.

Germany
Brödermann Jahn RA GmbH

The German arbitration regime is set out in the tenth book of the German Code of Civil Procedure, which is essentially identical to the UNCITRAL Model Law. It applies to the extent that international treaties do not have priority.

The arbitration regime is underpinned by the following principles:

  • an environment that is conducive to arbitration;
  • freedom of contract within the area of arbitration; and
  • a three-arbitrator tribunal where the parties have not agreed otherwise (Section 1034, paragraph 1 of the Code of Civil Procedure).

Hong Kong
RPC

The Arbitration Ordinance (Cap 609), which came into force in June 2011, applies to arbitration in Hong Kong. The ordinance is largely based on the UNCITRAL Model Law on International Commercial Arbitration.

India
White & Case LLP

The Arbitration and Conciliation Act 1996 is the key law governing arbitration in India. The act has four parts:

  • Part I sets out general provisions on domestic arbitration;
  • Part II addresses the enforcement of foreign awards (Chapter 1 deals with New York Convention awards and Chapter II with awards under the 1927 Geneva Convention);
  • Part III deals with conciliation; and
  • Part IV sets out certain supplementary provisions.

Parts I and II are the most significant and are based on the UNCITRAL Model Law and the New York Convention respectively.

Israel
Barnea & Co

The Arbitration Act 1968 and the Arbitration Procedure Statute 1969 govern arbitration, as well as several minor statutes regarding arbitration in labour unions and family courts.

Italy
Nctm Studio Legale

Arbitration based in Italy, whether domestic or international, is governed by the Code of Civil Procedure. Certain aspects of arbitration are additionally governed by special laws; the most important concern corporate matters, public works contracts, employment issues and administrative disputes.

Arbitration based in a foreign country is governed by the laws of that country. In such cases Italian law governs only recognition and enforcement of the award. 

Kenya
The Offices of Njeri Kariuki

The Arbitration Act 1995, as amended in 2010, applies to arbitration in Kenya.

Luxembourg
Loyens & Loeff

Arbitration proceedings in Luxembourg are governed by Articles 1224 to 1251 of the New Code of Civil Procedure. According to Article 1230 of the code, the normal rules governing judicial proceedings will apply should the parties fail to choose any other specific arbitration rules.  

Nigeria
ǼLEX

The Arbitration and Conciliation Act (Chapter A18, Laws of the Federation of Nigeria 2004) is the national arbitration law. Some states have also enacted their own arbitration laws. In Lagos, the Lagos State Arbitration Law 2009 applies to all arbitrations that have not specified another law.

Norway
Advokatfirmaet Simonsen Vogt Wiig AS

The Arbitration Act 2004 governs arbitrations when the place of arbitration is Norway. The place of arbitration is determined by interpreting the arbitration agreement.

Romania
Zamfirescu Racoti & Partners Attorneys at Law

The main body of law applicable to arbitration is set out in the Code of Civil Procedure, which came into force on February 15 2013. Domestic voluntary arbitration is regulated in Book IV of the Code of Civil Procedure, while Title IV of Book VII sets out specific legal provisions addressing international arbitration and the effects of foreign arbitral awards.

Russia
Baker Botts LLP

International arbitrations are governed by the Law on International Commercial Arbitration of July 7 1993 (the International Arbitration Law). The law is based on the UNCITRAL Model Law 1985. Amendments to the law are expected to enter into force on September 1 2016 which will reflect, among other things, some of the 2006 amendments to the UNCITRAL Model Law. 

A notable difference between the International Arbitration Law and the UNCITRAL Model Law concerns the scope of application. The International Arbitration Law (as amended) applies only to international disputes, including:

  • disputes where at least one party has its place of business outside Russia;
  • disputes where a substantial part of the commercial relationship is to be performed outside Russia;
  • disputes where the subject matter of the dispute is most closely connected to a place outside Russia; and
  • disputes related to foreign investment in Russia or Russian investment abroad. 

Like the UNCITRAL Model Law, the International Arbitration Law primarily contains rules which govern international arbitrations seated in Russia, with a few provisions applicable to those with a non-Russian seat.

Domestic arbitrations will be governed by the Federal Law on Arbitration (Arbitral Proceedings) (the Domestic Arbitration Law), which is scheduled to enter into force on September 1 2016. The Domestic Arbitration Law will replace a 2002 law addressing the same issues. The Domestic Arbitration Law will govern some matters relevant for international arbitrations seated in Russia, including:

  • records of arbitration;
  • the effect of arbitral awards on public registries;
  • the establishment and function of arbitral institutions, including requirements for institutional arbitration rules;
  • requirements for arbitrators; and
  • liability of arbitrators and arbitral institutions.

The Code of Civil Procedure and the Code of Arbitrazh (Commercial) Procedure, both dated 2002 (as amended), set out rules for domestic courts when dealing with arbitration issues. Both codes have been updated (with amendments coming into force on September 1 2016) to bring them in line with the new arbitration laws.

These responses focus primarily on international arbitrations and the respective regulations that will come into force starting September 1 2016.

Two leading arbitral institutions in Russia usually deal with international disputes:

  • the International Commercial Arbitration Court; and
  • the Maritime Arbitration Commission.

Both institutions function under the auspices of the Chamber of Commerce and Industry.

The rules of these institutions often complement the national laws.

In accordance with the amended legal regime, Russian arbitral institutions (with the exception of the two above) must be licensed by the government, provided that they meet certain criteria. Foreign arbitral institutions must also be licensed if they want to administer:

  • arbitrations seated in Russia; or
  • potentially, arbitrations seated outside of Russia if they involve corporate disputes of Russian companies.

With respect to this second category, Article 225.1 of the Code of Arbitrazh (Commercial) Procedure provides a detailed, yet not exhaustive, list of such disputes. Only a limited category of corporate disputes (eg, disputes over the sale or control of shares in a Russian company) can be arbitrated abroad.

Foreign arbitral institutions – such as the International Chamber of Commerce or London Court of International Arbitration – can be licensed based solely on their reputation, which must be “widely recognized internationally”. The expectation is that prominent international arbitration institutions will apply for and obtain licenses. 

Singapore
Allen & Gledhill LLP

Arbitration in Singapore is governed by the Arbitration Act (Cap 10) and the International Arbitration Act (Cap 143A).

The Arbitration Act applies to domestic arbitration – that is, arbitration where Singapore is the seat and where Part II of the International Arbitration Act does not apply. Part II of the International Arbitration Act applies to ‘international arbitration’, defined as arbitration where:

  • at least one of the parties to the arbitration agreement has its place of business in a state other than Singapore at the time when the agreement was concluded;
  • one of the following places is situated outside the state where the parties have their place of business:
    • the place of arbitration;
    • anywhere that a substantial part of the obligations of the commercial relationship is to be performed or the place to which the subject matter of the dispute is most closely connected; or
  • the parties have expressly agreed that the subject matter of the arbitration agreement relates to more than one country.

However, the International Arbitration Act may also apply to domestic arbitration if the parties have agreed in writing that Part II of the International Arbitration Act or the UNCITRAL Model Law applies.

Apart from the Arbitration Act and the International Arbitration Act, Singapore has also enacted the Arbitration (International Disputes) Act (Cap 11) to give effect to the Convention on the Settlement of Investment Disputes between States and Nationals of Other States.

Spain
Olleros

Arbitral proceedings in Spain are governed by the Arbitration Act (60/2003).

The act applies without prejudice to treaties expressly ratified by Spain or specific Spanish regulations containing provisions relating to arbitration (eg, IP and consumer protection laws). 

Sweden
Frank Advokatbyrå AB

The Arbitration Act (SFS 1999:116) applies to both domestic and international arbitration. Some provisions in the Arbitration Act apply only to international disputes.

Institutional arbitrations seated in Sweden are often conducted pursuant to the Stockholm Chamber of Commerce (SCC) Arbitration Rules, which in many cases is a recommended option for parties seeking to conduct arbitral proceedings under institutional rules in Sweden. With respect to issues that are not regulated by the Arbitration Act, the SCC Rules in some respects contain provisions that, in practice, fill the gaps in relation to arbitration conducted under the rules. 

Switzerland
Bär & Karrer

Swiss law distinguishes between international and domestic arbitration. Chapter 12 of the Federal Statute on Private International Law applies to international arbitration (ie, where at least one of the parties has its domicile or regular place of residence outside of Switzerland at the time it enters into the arbitration agreement). The rules of the Civil Procedure Code – in particular, Part 3 (Articles 353 and following) – apply to domestic arbitration (ie, where none of the parties has its domicile or regular place of residence outside Switzerland at the time the arbitration agreement is concluded).

According to Article 176(2) of the Federal Statute on Private International Law, the parties may exclude the application of Chapter 12 of the Federal Statute on Private International Law by an explicit declaration and agree on the application of Part 3 of the Civil Procedure Code. However, such exclusion is rarely made.

The following responses focus on the rules on international arbitration in Switzerland – that is, Chapter 12 of the Federal Statute on Private International Law.

Turkey
Hergüner Bilgen Özeke

The main piece of legislation governing domestic arbitration in Turkey is the Civil Procedural Code (6100), which entered into force in 2011. International arbitration is governed by the International Arbitration Law (4686), which came into force in 2001 and which is modelled on the UNCITRAL Model Law and the international arbitration section of the Swiss Federal Private International Law 1987. The International Arbitration Law governs arbitrations that are based in Turkey but which involve a foreign element. Even if the seat of arbitration is not Turkey, the parties can contractually subject the arbitration to this law, provided that there is still a 'foreign element' present. In addition, the recognition and enforcement of foreign arbitral awards is regulated separately under the International Private Procedure Law (5718).

United Arab Emirates
Baker Botts LLP

The arbitration law of the United Arab Emirates is set out in the UAE Civil Procedure Law (Federal Law 11/1992). The main provisions on arbitration are:

  • Articles 203 to 218;
  • Articles 235 to 238; and
  • Articles 239 to 243.

United Arab Emirates > DIFC
Baker Botts LLP

In the Dubai International Financial Centre (DIFC) Economic Free Zone, arbitration is governed by the DIFC Arbitration Law (1/2008), as amended by the DIFC Arbitration Law Amendment Law (6/2013). 

United Kingdom
Baker Botts LLP

The Arbitration Act 1996 governs domestic and international arbitration seated in England and Wales or Northern Ireland.  On some issues, the common law also provides important authority or guidance.

Mandatory laws
Are there any mandatory laws?

Australia
Baker & McKenzie

Some provisions of the UNCITRAL Model Law, as adopted by the International Arbitration Act, may arguably be considered mandatory, including:

  • the parties must be treated with equality and each party must be given a full opportunity to present its case (Article 18);
  • the claimant must state the facts supporting its claim and the respondent must state its defence (Article 23(1));
  • the parties must be given sufficient advanced notice of any hearings or meetings of the arbitral tribunal for the purposes of inspecting goods, other property or documents (Article 24(2));
  • all statements, documents or other information supplied to the arbitral tribunal by one party must be communicated to the other party, including any expert report or evidentiary document on which the arbitral tribunal may rely (Article 24(3));
  • the arbitral tribunal, or a party with the approval of the arbitral tribunal, may request the competent court’s assistance in taking evidence (Article 27);
  • in relation to settlement, an award on agreed terms must be made in accordance with Article 31 and must state that it is an award (Article 30);
  • the prescribed form of the award – except for Article 31(2), under which the parties can agree whether reasons are required (Article 31);
  • arbitral proceedings are terminated by the final award or by order of the tribunal (Article 32); and
  • the arbitral tribunal may correct any administrative errors at the request of a party or of its own accord – except for Article 33(3), which the parties may agree to exclude so that the arbitral tribunal can make an additional award to correct an omission (Article 33).

In addition, there are mandatory laws that apply in certain circumstances, such as the Competition and Consumer Act 2010 (Cth). 

Bahrain
Charles Russell Speechlys LLP

The new Arbitration Law applies to all arbitrations in Bahrain.

Fees for applications for the recognition, enforcement and cancellation of arbitral awards are subject to the Judicial Fees Law.

Belgium
ALTIUS

In principle, the parties are free to organise arbitral proceedings as they deem fit. However, the following articles of the Judicial Code apply irrespective of the place of arbitration and in spite of any clause to the contrary:

  • Article 1682 (on exceptio arbitrandum);
  • Article 1683 (on interim or conservatory measures in state courts);
  • Articles 1696 to 1698 (on the recognition and enforcement of arbitral interim or conservatory measures);
  • Article 1708 (on the taking of evidence in the courts); and
  • Articles 1719 to 1722 (on the recognition and enforcement of arbitral awards).

Brazil
Dechert LLP

In addition to the Arbitration Act, all arbitrations taking place in Brazil should abide by the Federal Constitution. Thus, arbitration proceedings in Brazil are subject, for example, to the mandatory principle of due process of law, which is established in the Federal Constitution for all types of proceedings.

Bulgaria
Kambourov & Partners Attorneys at Law

Certain provisions of the International Commercial Arbitration Act are mandatory (eg, those related to due process and challenges to arbitrators or awards). Most of the other provisions are non-mandatory.

Certain laws are mandatory for all arbitrators sitting in Bulgaria (eg, the Measures Against the Financing of Terrorism Act).

Denmark
Lassen Ricard

The Arbitration Act is mandatory to a certain extent. The parties may agree which specific procedures must be followed by the arbitral tribunal, but may not deviate from fundamental principles stipulated in the act.

In accordance with Section 39 of the Arbitration Act, any foreign or domestic arbitral awards must be enforced in Denmark, unless they are contrary to public order or another ground listed in Article V of the New York Convention applies.

Egypt
Shearman & Sterling LLP

Some of the provisions of the Arbitration Act are mandatory – for example, Article 11 on non-arbitrable matters and Article 15 on the number of arbitrators. Further, mandatory provisions from other laws may impact arbitration.

France
King & Spalding LLP

Under French international arbitration law, only a few mandatory rules apply, relating to arbitrability, the obligation to ensure due process and a fair trial, and international public policy. The principle of party autonomy in respect of procedural matters is also emphasised. 

Germany
Brödermann Jahn RA GmbH

Germany has many mandatory laws on numerous issues. The overarching principle of mandatory law is the German public order. The courts uphold certain principles of arbitration as mandatory, such as equal treatment of the parties with respect to the right to nominate arbitrators. Further mandatory arbitration law is contained in international treaties (eg, Articles 28 to 32 of the Convention concerning International Carriage on by Rail).

A tribunal will apply and/or give effect to many or most German or foreign overridingly mandatory laws in order to ensure that any award made is enforceable in the relevant jurisdictions (see Article V(e) of the New York Convention). This will usually include German mandatory law in substantive matters, where applicable. With respect to foreign mandatory law, a German arbitrator might take inspiration from Article 9(3) of the European Rome I Regulation on the law applicable to contractual obligations (593/2008). According to this provision, judges (though not arbitrators) are obliged to give effect to foreign mandatory law under certain circumstances, in particular at the place of execution of the contract. 

Hong Kong
RPC

The Arbitration Ordinance (Cap 609) contains relatively few provisions that cannot be excluded by the parties. Section 3(2) of the ordinance explicitly states that it is based on the following principles:

"(a) that, subject to the observance of the safeguards that are necessary in the public interest, the parties to a dispute should be free to agree on how the dispute should be resolved; and

(b) that the court should interfere in the arbitration of a dispute only as expressly provided for in this Ordinance."

However, certain mandatory laws apply:

  • The arbitration agreement must be in writing (Section 19).
  • The court has the power to order a stay of court proceedings in favour of arbitration proceedings (Section 20).
  • The tribunal must be competent to rule on its own jurisdiction (Section 34).
  • The parties must be treated equally, and the tribunal must be independent and act fairly and impartially towards the parties, giving each reasonable opportunity to present its case and deal with its opponent's case, and use procedures that are appropriate to the particular case to avoid unnecessary delay and expenses (Section 46).
  • Certain general powers of the tribunal, including the power to make orders for security for costs, discovery, the collection of evidence and the preservation of property (Section 56).
  • The court has the power to order recovery of the tribunal's fees (Section 62) and the tribunal has the power to withhold an award for non-payment of the arbitrators' fees and expenses (Section 78).
  • The court has the power to set aside an award (Section 81).
  • The arbitral tribunal or mediator is liable for dishonest acts and omissions (Section 104).
  • Persons who appoint the arbitral tribunal or mediator or who administer arbitration proceedings are liable for dishonest acts and omissions (Section 105).

India
White & Case LLP

There are no mandatory laws governing arbitration in India, except the Arbitration and Conciliation Act, which ensures party autonomy in respect of most procedural matters.

Israel
Barnea & Co

Both the Arbitration Act and the Arbitration Procedure Statutes are mandatory. 

Italy
Nctm Studio Legale

Certain rules of the Code of Civil Procedure are mandatory, while others may be waived by the parties, subject to compliance with certain principles. In general, the rules governing the following issues are mandatory:

  • the relationship with the arbitrators;
  • the commencement and object of arbitration;
  • the form of the arbitration agreement;
  • the effectiveness of the award; and
  • the independence and impartiality of the arbitrators. 

Luxembourg
Loyens & Loeff

No – only the fundamental principles relating to due process. These require that all important principles governing judicial proceedings be observed, including:

  • the adversarial nature of the proceedings;
  • equality between the parties; and
  • the rights of defence.

When applying these general principles, they should be adapted to the specific nature of arbitration.

Arbitration proceedings must also comply with the most important procedural principle stated in Article 6(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms, which concerns the impartiality and independence of the courts. 

Nigeria
ǼLEX

The Arbitration and Conciliation Act mandatorily applies to all domestic arbitrations where parties have not chosen another law to govern their proceedings. 

Norway
Advokatfirmaet Simonsen Vogt Wiig AS

The Arbitration Act is mandatory and can be departed from only by agreement and provided that this is explicitly stated in the relevant provision of the act.

Romania
Zamfirescu Racoti & Partners Attorneys at Law

The arbitration law contains predominantly directive (rather than mandatory) provisions. This is in line with the freedom to arbitrate, which is a pillar of private voluntary arbitration under the Code of Civil Procedure. However, in some respects parties’ freedom is limited in favour of public policy, mandatory provisions and ethics. For instance, in ad hoc arbitration organised by the parties themselves, they are free to agree rules regarding the constitution of the arbitral tribunal, disqualification/removal of arbitrators, procedural rules to be applied by the arbitral tribunal (including potential preliminary proceedings), the allocation of costs and any other rules that may govern the arbitration, subject to public policy, mandatory provisions of law and morals. There are certain validity requirements that apply as mandatory rules (eg, regarding the written form of the arbitration agreement). In addition, while the parties are to a large extent free to organise the arbitral process as they see fit, the law imposes certain fundamental principles from which no derogation is permitted (eg, the right to be heard, right to an adversarial trial and the parties’ equal treatment).

Russia
Baker Botts LLP

All laws and procedural codes mentioned above are binding, but many of their provisions allow for derogations. Certain derogations (eg, exclusion of recourse to courts) can be made only by an express agreement of the parties, rather than by reference to arbitration rules.

Singapore
Allen & Gledhill LLP

The Arbitration Act and International Arbitration Act contain certain mandatory provisions which cannot be derogated from by the parties (eg, those relating to the validity of the arbitration agreement).

Apart from this, the provisions regarding the procedure for arbitration proceedings are not mandatory and apply only toad hoc arbitration.

Spain
Olleros

All arbitral proceedings must follow the Arbitration Act. 

Sweden
Frank Advokatbyrå AB

The Arbitration Act applies to all arbitration proceedings conducted in Sweden. In general, the Arbitration Act allows parties to agree on the conduct of the proceedings, but there are a few mandatory rules to safeguard the interest of due process, including the following:

  • The parties must be given the opportunity to present their respective cases, orally or in writing, in all necessary respects. This includes a right to review all documents and other materials pertaining to the dispute, which are supplied to the arbitrators by the opposing party or by another person.
  • The parties cannot give the tribunal powers that are exclusively reserved to the courts, such as examination of witnesses under oath, imposition of fines or other compulsory measures in order to obtain requested evidence.
  • The parties may not agree to exclude or restrict the rules governing invalid awards. However, non-Swedish parties may agree to waive in advance the applicability of the grounds for setting aside an award.

Switzerland
Bär & Karrer

Swiss law has a fair amount of mandatory provisions. Insofar as Chapter 12 of the Federal Statute on Private International Law is concerned, the following provisions are considered to be mandatory:

  • objective arbitrability (Article 177(1));
  • subjective arbitrability of a state, or an enterprise held by or an organisation controlled by a state (Article 177(2));
  • the  written form of the arbitration agreement (Article 178(1));
  • the independence of arbitrators (Article 180(1)(c));
  • the possibility for a party to challenge  the appointment of an arbitrator it has nominated based on grounds which come to its attention after such appointment (Article 180(2));
  • the principle of lis pendens (Article 181);
  • the equal treatment requirement and the right to be heard in an adversarial procedure (Article 182(3)); and
  • judicial assistance (Article 185).

In addition, the action for the annulment of arbitral awards (Article 190(2) of the Federal Statute on Private International Law) is considered mandatory in international arbitration if one of the parties is Swiss. If none of the parties to the arbitration agreement has its domicile, its habitual residence or a business establishment in Switzerland, the parties can waive the right to appeal the decision according to Article 192 of the Federal Statute on Private International Law.

Turkey
Hergüner Bilgen Özeke

Yes, there are mandatory laws. In both local and international arbitrations, the main principle is the parties’ freedom of choice – unless this is contrary to the mandatory provisions of the Civil Procedural Code or the International Arbitration Law. The main limits lie in public order and the mandatory principles of equal treatment and due process.

United Arab Emirates
Baker Botts LLP

The arbitration provisions of the UAE Civil Procedure Law are mandatory, in the sense that they govern all arbitrations with a seat in any part of the United Arab Emirates excluding the Dubai International Financial Centre. The UAE Civil Procedure Law does not prohibit the parties from choosing to make use of institutional or ad hoc rules of arbitration. However, where any provision of the UAE Civil Procedure Law is non-derogable, that provision will prevail over any inconsistent provision of the arbitration rules adopted by the parties.

United Arab Emirates > DIFC
Baker Botts LLP

The arbitration provisions of the DIFC Arbitration Law are mandatory, in the sense that they govern all arbitrations with a seat in the DIFC. The DIFC Arbitration Law does not prohibit the parties from choosing to make use of institutional or ad hoc rules of arbitration. However, where any provision of the DIFC Arbitration Law is non-derogable, that provision will prevail over any inconsistent provision of the arbitration rules adopted by the parties.

United Kingdom
Baker Botts LLP

Schedule 1 to the Arbitration Act 1996 lists the mandatory provisions of the act (pursuant to Section 4(1)). These include provisions dealing with:

  • the power of the court to stay legal proceedings (Section 9);
  • objections to the substantive jurisdiction of the tribunal (Section 31);
  • determination by the court of any question as to the substantive jurisdiction of the tribunal (Section 32);
  • the tribunal’s general duty to act fairly and impartially (Section 33)
  • enforcement of the award (Section 66);
  • challenge of an award on the basis of lack of substantive jurisdiction (Section 67);
  • challenge of an award on the ground of serious irregularity (Section 68); and
  • the loss of a party’s right to object (Section 73).

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