 Submission Agreement - Agreement submitting a dispute that has already arisen between the

parties to arbitration

 Arbitration clause/Arbitration agreement is an agreement by the parties to submit to arbitration all

or certain disputes which have arisen or which may arise between them in respect of a defined
legal relationship, whether contractual or not. An arbitration agreement may be in the form of an
arbitration clause in a contract or in the form of a separate agreement.

 Arbitral Seat refers to the location/place of arbitration.

 Bifurcation refers to splitting an arbitration into two separate phases, and most often involves
splitting jurisdictional issues from the merits.

 Multi-tier dispute resolution clauses state that when a dispute arises, parties must undertake
certain steps prior to commencing arbitration, in an attempt to amicably settle the dispute. While
there are a number of benefits to such clauses, there are also drawbacks.

 State Immunity is a traditional rule that exempts a state from being sued in the courts of another
State without its consent or waiver.

 Confidentiality - obligation not to disclose information concerning the arbitration to third parties

 Principle of Judicial Non-Interference means that no court shall intervene in arbitration

proceedings except where so provided in the law.

 ad hoc arbitration has primarily been defined as the opposite of institutional arbitration, as a
category encompassing all arbitrations that are not institutional. “Negative” definitions of this
kinds describe ad hoc arbitration as arbitrations that are conducted without the involvement of
any arbitral institution, that are independent of all administrative authority or (generally)
preexisting arbitration rules20 or that institutions, that are conducted without the benefit of an
appointing and are not administered by an arbitral institution.

 “institutional” arbitration has been described as one that is administered by a specialist arbitral
institution under its own rules of arbitration.

 A multi-party arbitration arises where there are several parties to a single contract; while multi
contract issues arise where there are several parties to several contracts all related to the subject
of the dispute.

 Consolidation is a procedural mechanism allowing two or more arbitrations pending under the
Rules into a single arbitration.

 Joinder is the act of joining an ‘additional party’ by filing a request for joinder to the Secretariat.

 Intervention is a proceeding in a suit or action by which a third person is permitted by the court to
make himself a party, either joining plaintiff in claiming what is sought by the complaint, or
uniting with defendant in resisting the claims of plaintiff, or demanding something adversely to
both of them; the act or proceeding by which a third person becomes a party in a suit pending
between others
 The Green List is a non-exhaustive list of specific situations where no appearance and no actual
conflict of interest exists from an objective point of view.

 The Orange List is a non-exhaustive list of specific situations that, depending on the facts of a
given case, may, in the eyes of the parties, give rise to doubts as to the arbitrator’s impartiality or
independence.

 The Red List consists of two parts: ‘a Non-Waivable Red List’ and ‘a Waivable Red List’. These
lists are non-exhaustive and detail specific situations that, depending on the facts of a given case,
give rise to justifiable doubts as to the arbitrator’s impartiality and independence.

 Interim measures are awards issued by a national court or an arbitral tribunal pending arbitral

proceedings for the purpose of protecting or preserving the assets or claims of one of the parties.

 The 'Redfern Schedule', a device used to organize requests for the production of documents
in arbitration, was initially conceived as a way of limiting document production to the documents
critical to each party's case, and avoiding the costs and delays associated with discovery in
common law jurisdictions.

 Statement of Claim and Defense emphasizes that the claimant shall state the facts supporting his
claim, the points at issue and the relief or remedy sought, and the respondent shall state his
defence in respect of these particulars.

 A memorial is a detailed presentation of the facts and evidence that support a party's claims and
defenses in arbitration.

 A Witness Bundle consists of the Parties’ fact witness statements.

 An evidentiary hearing is a formal examination of charges by the receiving of testimony from

interested persons, irrespective of whether oaths are administered, and receiving evidence in
support or in defense of specific charges which may have been made.

 Closing Arbitration is the process wherein the arbitrator closes the record on the case and issues a
decision, including an award, if applicable.

 An arbitral award or arbitration award refers to a decision made by an arbitration tribunal in

an arbitration proceeding. 

 Appeal is a legal proceeding by which a case is brought before a higher court for review of the
decision of a lower court.