A number of jurisdictions and arbitral institutions have recently amended their arbitration rules or laws. Many of these amendments have come into effect in the last several months or are due to come into effect before the end of 2013. This article provides a brief round-up of these new arbitration rules and laws.
Vienna International Arbitration Centre
On 1 July 2013, the new arbitration rules of the Vienna International Arbitration Centre (VIAC Rules) came into effect. Key changes brought about by the new VIAC Rules (which can be found here) are:
- Joinder of third parties, which is now expressly allowed at the discretion of the tribunal “after hearing all parties and the third party to be joined as well as considering all relevant circumstances” (Article 14(1))
- Consolidation of claims, which can now be ordered by the Board of the VIAC in certain circumstances (Article 15)
- The creation of an expedited procedure for arbitration proceedings, which the parties to a dispute can agree to apply (Article 45)
Abu Dhabi Commercial Conciliation and Arbitration Centre
The Abu Dhabi Commercial Conciliation and Arbitration Centre (ADCCAC) also updated its arbitration rules. The new rules — which are generally perceived to be a significant improvement on the existing rules — are expected to come into effect on 1 October 2013. The key changes are:
- The Centre’s staff, the arbitrators, tribunal-appointed experts and members of the ADCCAC Committee cannot be held responsible “for any action, act or inadvertence related to the arbitration taken or arising in good faith” (while no such exclusion of liability exists under the civil procedure rules of the UAE)
- The arbitral award is expressly stated to be confidential (while no such confidentiality is provided for under the civil procedure rules of the UAE)
- The arbitrator(s) may now issue provisional and precautionary measures in the form of provisional awards
- A schedule of arbitrators’ fees has been included
- The new rules have not yet been made publicly available but are expected to be released on or shortly before 1 October 2013.
International Institute for Conflict Prevention and Resolution – Administered Arbitration Rules
On 1 July 2013, the International Institute for Conflict Prevention and Resolution (CPR) launched its new Administered Arbitration Rules. The new rules can be found here.
Although CPR has revised its rules before, this is the first time CPR is offering administered rules for domestic arbitration. Previously, CPR offered only non-administered arbitrations. While it continues to do so, it now offers, as an alternative, administered rules overseen by its highly trained staff. Whether the user selects administered or non-administered arbitration, the CPR Panels of Distinguished Neutrals remain available to arbitrate a party’s dispute.
Belgian Arbitration Law and the Belgian Centre for Mediation and Arbitration
Belgium’s Council of Representatives approved a draft bill amending the arbitration provisions of the Belgian Judicial Code on 16 May 2013. The new arbitration provisions came into force on 1 September 2013. These legislative amendments come within six months of amendments to the arbitration rules and mediation rules of the Belgian Centre for Mediation and Arbitration (CEPANI), both of which entered into force on 1 January 2013. The 2013 CEPANI Arbitration Rules will be used in this year’s Vis Moot Court.
The new arbitration provisions of the Belgian Judicial Code can be found here and the new CEPANI arbitration rules here.
As previously reported, the London Court of International Arbitration (LCIA) is also in the process of updating its arbitration rules can be found here. The most recent draft LCIA rules – released since publication of our last International Arbitration Newsletter – has dropped the proposed new emergency arbitrator procedure. Amendments to the Dutch Arbitration Law are also expected to come into force in the fall can be found here.