Instiutional Arbitration

Question 1

What are the functions of the institution?

Answer 1

To constitute the tirbunal and act as the appointing authority
To get the arb up and running
To oversee challenges to arbitrators
To oversee the arbitrators conduct

Question 2

What are the functions of the institution in relation to the award?

Answer 2

Tribunal is tasked w preparing the award
ICC imposes dealines,if deadline passes, then instiution will reduce cost
ICC also scrutinises draft awards

Question 3

Instiutional rules

Answer 3

Most insitutions create their own rules for reputational purposes and efficiency

KLRCA just adopted the UNCITRAL rules

Question 4

What are the secondary functions of insitutions

Answer 4

Roster of arbitrators
Maintaining a monitoring of the file
Access to hearing facilities
Acting like a resource and guide to parties

Question 5

How is quality ensured

Answer 5

High standards for experience and quality of staff.

Question 6

What is the main challenge of instiutions

Answer 6

They hhave a very close link to the government because they can be funded or sponsored by them
This sometimes may cause too much governmental interference in relation to the structure and power of the institution.
Arbitral tribunals must function at an arms length.

Question 7

ICC goal

Answer 7

To promote international trade and investment

Question 8

What are some of the roles of the ICC

Answer 8

Scrutinise award
Appoint arbitrators/confrim or reject them
CHoose place of arbitration
Approve ToR
Monitor the process

Question 9

Why is ICC so distinct

Answer 9

It is a truly international insitution
As a secretariat which allows for hands-on case management
Uses ad velorem system with predicatble costs
Scutinises awards

Question 10

What are the main 3 ways in which the ICC is so distinct

Answer 10

Expedited proceedure
For cases under 3 million
Appoints 1 arb and the whole process is completed within 7-8 months

Emergency arbitrator
Offers interim relief within 14 days if the tribunal is yet to be constiuted

Scrutinises the award
To ensure that it is fully enforceable
Provided for in Article 32(2)/34 and 36

Question 11

Whats the ad valorem system

Answer 11

Has a cost calculator to predict the advance on costs, Courts are free to fix costs lower or higher than average

Question 12

Ways in which ICC is increasing transparency

Answer 12

Publishing the award
Relasing names of arbitrators
Providing reasons for decisons
Reducing fees for unjustified delays

Question 13

What are the advantages of insitutional arb

Answer 13

Have a set book of rules for efficiency
Have a problem for every solution
Provide support to the parties
Specialist staff

Question 14

What are the disadvantages of insitutional arb

Answer 14

Add more costs/fees
Makes the arbitration process very managerial

Question 15

Why do ppl select insitutions

Answer 15

Their use is becoming more and more common
Tried and tested rules
Serve as appointing authority if they cannot come up with an agreement on who to appoint

Question 16

The difference between instiutions and centres

Answer 16

Insitutions administer arb under their own rules and other established rules like UNCITRAL

Centres dont ussually administer arb, usually just provide facilities and resources

Question 17

Two tupes of costs and explain

Answer 17

Ad valorem: Set amount of money from the amount in dispute- know exactly the costs and fees

Hourly: Based on the hours worked- correlation between the time worked and the costs being paid

Question 18

Other ditinguishing factors of ICC

Answer 18

Ad valorem
Scrutiny
Requirement for the ToR

Question 19

ICDR

Answer 19

International Centre for Dispute Resolution

Question 20

When will ICDR apply

Answer 20

If both parties agree
If both parties are canadian

Question 21

Feature of ICDR

Answer 21

all members are required to take cyber security training.