Comparison of Key International Arbitration

Rules (1)

Key International Arbitration Rules

USA Europe Far East Middle East International

Element

JAMS International LCIA Rules ICC Rules SCC Rules HKIAC Rules SIAC Rules JCAA Rules DIAC Rules DIFC-LCIA Rules UNCITRAL Rules
ICDR Rules 2014 Arbitration Rules
2016 2020 2017 2018
2017 2016 2019 2007 2016 2013
Location New York with California with London, with regional Paris, with regional Stockholm Hong Kong Singapore Tokyo Dubai DIFC
regional centres in international centres in New Delhi, centres in Hong Kong,
Bahrain, Mexico City headquarters in Dubai (DIFC) and New York and
and Singapore Mauritius Singapore
London

Commencement Article 2 Article 2 Article 1 Article 4 Article 8 Article 4 Article 3 Article 14(6) Article 4 Article 1 Article 3
The date the The date on which The date the Request The date the Request The date the The date the Notice The date on which The date the The date the Request The date the Notice
The date the Notice
Administrator receives JAMS International is received by the is received by the Request is received the Request for Request and the and Registration Fee is is received by the
is received by is delivered to the
the Notice (which also receives the Registrar Secretariat by SCC Institute Arbitration has been Registration Fee is received by the DIFC- Respondent
Registrar
amounts to the Request HKIAC received by the JCAA received by DIAC LCIA Registrar
Statement of Claim)

Deadline for Article 3 Article 5 Article 2 Article 5 Article 9 Article 5 Rule 4 Article 18(1) Article 5 Article 2 Article 4
Response 30 days after the 30 days from the 28 days from the 30 days from receipt The time period for 14 days from receipt 30 days from the 28 days from the 30 days from the
30 days from receipt Within 4 weeks from
commencement of the receipt of the commencement date of the Request from the Answer is set by of the Notice of of the Notice by its receipt of the receipt of the Commencement Date receipt of Notice by
arbitration Request by the Secretariat the Secretariat Respondent Request from DIAC Respondent
Arbitration notice of the Request
Respondent
for Arbitration

Article 11 Article 8 Article 5 Article 12 Article 16 Article 6 Rule 9 Article 26(2) Article 8 Article 5 Article 7
Default number of
Sole Arbitrator Sole Arbitrator or Sole Arbitrator Sole arbitrator or three Parties determine HKIAC will decide if Sole Arbitrator or Sole Arbitrator Sole Arbitrator Sole Arbitrator Three Arbitrators
Arbitrators
Three Arbitrators arbitrators number of case is appropriate Three Arbitrators
depending on arbitrators.
Unless the dispute for sole arbitrator or depending on
complexity of case warrants three If no agreement, panel of three. complexity of case
arbitrators, the ICC will SCC will determine if
appoint a Sole the case warrants
Arbitrator if the parties one or three
haven’t agreed on the
arbitrators.
number.

1
Comparison of Key International Arbitration
Rules (2)

Key International Arbitration Rules

USA Europe Far East Middle East International

Element

JAMS International LCIA Rules ICC Rules SCC Rules HKIAC Rules SIAC Rules JCAA Rules DIAC Rules DIFC-LCIA Rules UNCITRAL Rules
ICDR Rules 2014 Arbitration Rules
2016 2020 2017 2018
2017 2016 2019 2007 2016 2013
Article 14 Article 10 Article 10 Article 14 Article 19 Article 11 Rule 14 Article 34(3) Article 13 Article 10 Article 13
Time limit for
15 days from being 15 days from being 14 days from the 30 days from receipt 15 days from 15 days from the 14 days from being Within 2 weeks from 15 days from the 14 days from the 15 days from being
challenging Arbitrator
notified of the notified of the formation of the being notified of the becoming aware of the date of the formation of the formation of the notified of the
confirmation of the notified of the
appointment or appointment or appointment or the relevant potential applicant’s appointment or
Tribunal or becoming arbitrator by HKIAC appointment or Tribunal or Tribunal or becoming
becoming aware of the becoming aware of becoming aware of circumstances receipt of the notice becoming aware of
aware of the relevant or becoming aware becoming aware of becoming aware of aware of the relevant
relevant the relevant relevant by the JCAA the relevant
circumstances of the circumstances the relevant confirming the the circumstances circumstances
circumstances circumstances circumstances circumstances
circumstances appointment of the
arbitrator or the date
when the applicant
became aware of any
circumstances giving
rise to justifiable
doubts as to the
arbitrator’s
impartiality or
independence,
whichever comes
later

Article 19 Article 18 Article 23 Article 6 Articles 11-12 Article 19 Rule 28 Article 47 Article 6 Article 23 Article 23
Jurisdictional
The Tribunal has the The Tribunal will The Tribunal has the The Tribunal will rule Challenges to be The Tribunal has the The Registrar has The arbitral tribunal The Tribunal has The Tribunal will rule The Tribunal will
challenges
power to rule on its have the power to power to rule on its on the existence, made to the SCC the power to review may make a the power to rule on on the validity of the have the power to
power to rule on its
rule on the validity validity and scope of board which is jurisdictional determination on any arbitration rule on its own
own jurisdiction and own jurisdiction and own jurisdiction and its own jurisdiction
of the arbitration the arbitration empowered to challenges before objection as to the agreement jurisdiction and the
the validity of the authority including the the validity or scope and the validity of
agreement agreement. Any dismiss a case if the they are referred to existence or validity validity of the
arbitration validity of the of the arbitration of an arbitration the arbitration Challenges should be
question of jurisdiction SCC manifestly lacks SIAC arbitration
agreement Challenges should arbitration agreement agreement and any agreement raised no later than the
or of whether the jurisdiction agreement
be raised no later agreement The Tribunal has other matters Statement of Defence
Challenges to the claims may be Challenges should
than the Statement Challenges should the power to rule on regarding its own or Reply to Challenges should
Tribunal’s jurisdiction determined together in be raised no later
of Defence or the Challenges should be raised in the its own jurisdiction jurisdiction Counterclaim or may be raised no later
should be submitted that arbitration shall be than the Statement
Reply be raised as soon as Answer to the Notice and the validity of be considered than in the
no later than the filing decided directly by the The arbitral tribunal of Defence or in
possible and not of Arbitration, and the arbitration irrevocably waived Statement of
arbitral tribunal shall make a decision Reply to the
of the Answer to the later than the Defence or Reply to
shall be raised no to terminate the Counterclaim
claim or counterclaim Statement of Defence Counterclaim
later than the arbitral proceedings if
giving rise to the
Statement of it finds that it has no
objection
Defence jurisdiction

2
Comparison of Key International Arbitration
Rules (3)

Key International Arbitration Rules

USA Europe Far East Middle East International

Element

JAMS International LCIA Rules ICC Rules SCC Rules HKIAC Rules SIAC Rules JCAA Rules DIAC Rules DIFC-LCIA Rules UNCITRAL Rules
ICDR Rules 2014 Arbitration Rules
2016 2020 2017 2018
2017 2016 2019 2007 2016 2013

Article 36 Article 36 Article 24 Article 1 Article 51 Article 41 Rule 27, 37 Article 82(2) Appendix – Article Article 24 Article 43
Non-payment of the 2
The Administrator will If a Party fails to In the event that a A party that has If one Party makes If either Party fails to A Party is free to If a Party fails to In the event that a party If the required
Advance on Costs
inform the Parties if provide a deposit as Party fails to make a already paid in full its the required payment pay its share the pay the unpaid make payments If either Party fails to fails to make a payment deposits are not paid
the costs directed by the payment on account of share of the advance and the other Party costs should the intended to cover pay its share the on account of the in full within 30 days
other Party may pay
are not paid in full so Administrator, JAMS costs the LCIA may does not, the other Party may pay arbitration costs the the Tribunal shall
on costs fixed by the the missing amount other Party fail to arbitrator(s)’
that one or more of International may direct the other Party Tribunal may, upon that share in cash or LCIA may direct the inform the Parties so
Court may pay the failing which the pay its share. remuneration and/or
them can make the direct the other to pay to allow the request, make a by providing an other party to effect that one or more can
required payment unpaid portion of the Tribunal may order expenses, the arbitral
Party to pay to allow arbitration to proceed. separate award for The Tribunal has unconditional bank substitute payment to make the required
the arbitration to advance owed by the suspension or tribunal, upon the guarantee allow the payment
The failure to pay the The Party making the reimbursement of the power to issue
proceed (subject to defaulting party by termination of the JCAA’s request, shall arbitration to proceed
required deposit shall substitute payment that payment an award for unpaid
any posting a bank proceedings. suspend or terminate The Party making the
be deemed a can request an order costs of the
withdrawal of the award on costs) guarantee. the arbitral substitute payment
to allow it to recover arbitration
respective claim or that amount as a debt proceedings unless shall be entitled to
The Tribunal has
counterclaim discretion to treat (with interest) the other Party pays recover that amount as
the failure to pay the immediately due from such unpaid amount a debt immediately due
required deposit as the defaulting Party instead from the defaulting
a withdrawal of the when the Tribunal is Party when the
respective claim or constituted Tribunal is constituted
counterclaim

3
 Comparison of Key International Arbitration
Rules (4)

Key International Arbitration Rules

USA Europe Far East Middle East International

Element

JAMS International LCIA Rules ICC Rules SCC Rules HKIAC Rules SIAC Rules JCAA Rules DIAC Rules DIFC-LCIA Rules UNCITRAL Rules
ICDR Rules 2014 Arbitration Rules
2016 2020 2017 2018
2017 2016 2019 2007 2016 2013
Confidentiality Article 37 Article 17 Article 30 Article 9 Article 3 Article 45 Rule 39 Article 42 Article 41 Article 30 Article 28, 34
Confidential The Tribunal and The Parties undertake Unless prohibited by The SCC and the Unless the parties The Parties and the Arbitral proceedings The Parties The Parties undertake The hearings are
information disclosed the Administrator as a general principle Tribunal will maintain shall be held in undertake as a as a general principle confidential unless
applicable law, agree otherwise, no Tribunal shall at all
during the arbitration must maintain the to keep confidential all the confidentiality of private, and all general principle to to keep all Award and the Parties otherwise
proceedings and party may publish, times treat all
shall not be divulged confidentiality of the Awards in the the Award unless records thereof shall keep any Awards materials from the agree
settlements are disclose or matters relating to be closed to the
by an Arbitrator or arbitration arbitration save if otherwise agreed by and all proceedings
confidential. communicate any the proceedings and The Award may be
Administrator unless disclosure is required the Parties public. The materials from the confidential save for
The Award remains Settlements may be information relating the Award as arbitrators, the JCAA, made public in
otherwise agreed as part of a legal duty, proceedings the extent to which
confidential unless limited
to pursue a legal right disclosed to the extent to the arbitration or confidential the Parties, their confidential save for disclosure is required
The Award remains all the Parties counsel and circumstances
or to challenge the necessary for any award made in the extent to which by legal duty, to pursue
confidential unless
consent to Award in legal enforcement. the arbitration unless assistants, and other disclosure a legal right or to
otherwise agreed by persons involved in
publication proceedings. it is to pursue a legal is required by challenge the Award in
the Parties
the arbitral legal proceedings
The Parties shall seek right or enforce or legal duty, to pursue
The Tribunal can proceedings shall not
the same undertaking challenge a legal right or to
make orders disclose facts related
of confidentiality from the award. challenge the Award
concerning the to or learned through
all those that it in legal proceedings
confidentiality of the the arbitral
involves in the proceedings and shall
arbitration
arbitration.
not express any
views as to such
facts, except where
disclosure is required
by law or in court
proceedings, or
based on any other
justifiable grounds

4
Comparison of Key International Arbitration
Rules (5)

Key International Arbitration Rules

USA Europe Far East Middle East International

Element

JAMS International LCIA Rules ICC Rules SCC Rules HKIAC Rules SIAC Rules JCAA Rules DIAC Rules DIFC-LCIA Rules UNCITRAL Rules
ICDR Rules 2014 Arbitration Rules
2016 2020 2017 2018
2017 2016 2019 2007 2016 2013

Timeframe for issuing Article 30 Article 34 Article 15.10 Article 31 Article 43 Article 31.2 Rule 32 No set timeframe. Article 36 No set timeframe No set timeframe
the Award However, Article 43.1
The Award should be The dispute should The Tribunal shall Within 6 months from 6 months from the Within three months Draft Award to be 6 months from the
notes that the arbitral
made no later than be heard and seek to make its final the date of the last date of Referral to from the closure of submitted to the tribunal shall use date the Arbitrator
60 days after the submitted to the signature of Terms of the SCC. Can be the proceedings or Registrar 45 days receives the file
award as soon as reasonable efforts to
closing of the hearing Tribunal for decision Reference, unless the extended upon relevant phase of from the date on render an arbitral
reasonably possible Can be extended for
(unless otherwise within nine months Court has fixed a reasoned request the proceedings. which the Tribunal award within nine
and shall endeavour to an additional
agreed by the Parties, after the preliminary different time limit from the Tribunal This time limit may declared the months from the date
do so no later than 6 months by the
specified by law or conference required based on the be extended by the proceedings closed
Can be extended by when it is constituted, Tribunal
determined by the by Article 23, with three months following procedural timetable HKIAC or party
the Board upon a Can be extended by and to implement
ICDR) the final award the last submission established by the agreement The Executive
reasoned request the Parties or by the Article 43.1, the
rendered within from the parties Tribunal arbitral tribunal shall Committee may
If the International from the Tribunal or if Registrar
three months (whether made orally consult with the extend the time limit
Expedited Procedures Can be extended upon otherwise deemed
thereafter or in writing), in Parties, and make a further upon a
apply the Award must reasoned request from necessary
be made within 30 accordance with a the Tribunal or on the schedule of the reasoned request
days from the date of timetable notified to Court’s own initiative arbitral proceedings from the Tribunal or
closing the parties and the in writing to the extent on its own initiative
necessary and
Registrar as soon as
feasible as early as
practicable.
practicable

5
 Comparison of Key International Arbitration
Rules (6)
Key International Arbitration Rules
USA Europe Far East Middle East International

Element
JAMS International LCIA Rules ICC Rules SCC Rules HKIAC Rules SIAC Rules JCAA Rules DIAC Rules DIFC-LCIA Rules UNCITRAL Rules
ICDR Rules 2014 Arbitration Rules
2016 2020 2017 2018
2017 2016 2019 2007 2016 2013
Correction / Article 33 Article 38 Article 27 Article 36 Article 47 Articles 38 and 39 Rule 33 Articles 68-70 Article 38 Article 27 Articles 37-39
Interpretation of the
Within 30 days after Within 30 days after Within 28 days of Within 30 days of the Within 30 days of the Within 30 days after Within 30 days of The arbitral tribunal, Within 30 days of Within 28 days of Within 30 days after
Award, and additional
receipt of the Award, the receipt of the receipt of the Award, a receipt of the Award, receipt of the Award, a receipt of the Award, receipt of the Award, upon the written receipt of the Award, receipt of the Award, a receipt of the Award,
awards
any party may request Award, any party may party may by written any party may request, party may, upon notice either party may, with a party may by request of a Party, or a party may by party may by written a party with notice to
the Tribunal, with notice request the Tribunal, notice to the Registrar by application to the to the other party, notice to the other written notice to the on its own motion, written notice to the notice to the Registrar the other parties may
to the other party, to (a) with notice to the (copied to other Secretariat, the Tribunal request that the parties request the Registrar and the may correct any Tribunal and other (copied to other parties) request the Tribunal
interpret the Award other parties, to (a) parties) request the to (a) provide an Tribunal to (a) provide Tribunal to (a) give an other party, request computational, party, request the request the Tribunal to to (a) give an
and/or (b) correct any interpret the Award Tribunal to (a) correct interpretation of the an interpretation of a interpretation of the the Tribunal to (a) clerical, or any other Tribunal to (a) give an (a) correct any error in interpretation of the
clerical, typographical or and/or (b) correct any any error in Award and/or (b) to specific point of the Award, and/or (b) give an errors or omissions of interpretation of the computation, clerical or Award, and/or (b)
computational errors, clerical, typographical computation, clerical or correct a clerical, Award, and/or (b) correct any errors in interpretation of the a similar nature. A Award, and/or (b) to typographical error, any correct any error in
and/or (c) make an or computational typographical error, computational or correct any clerical, computation, any Award, and/or (b) to Party, within 4 weeks correct any clerical, ambiguity or mistake of computation, any
additional award as to errors, and/or (c) any ambiguity or typographical error or typographical or clerical or correct any error in from its receipt of the typographical or a similar nature, and/or clerical or
claims, counterclaims, make an additional mistake of a similar any errors of similar computational errors in typographical errors or computation, any arbitral award, may computational errors (b) request the Arbitral typographical error or
or setoffs presented but award as to claims nature, or (b) make an nature in the Award. the Award, and/or (c) errors of a similar clerical or request the arbitral in the Award, and/or Tribunal to make an omission of a similar
omitted from the Award. presented but omitted additional award as to The Tribunal may make make an additional nature, and/or (c) typographical error tribunal to make a (c) to make an additional award as to nature, and/or (c)
The Tribunal may from the award. any claim or cross- corrections on its own award on claims make an additional or any error of a correction of the additional award in any claim or cross- make an award or an
correct any error or claim presented in the initiative within 30 days presented in the award as to claims similar nature, arbitral award respect of claims or claim presented in the additional award as
If the Tribunal
make an additional arbitration but not of the date of the arbitration but not presented in the and/or (c) to make counterclaims arbitration but not to claims presented
considers such a A Party, within 4
award on its own decided in any award. Award. determined in the arbitration but omitted an additional Award presented in the decided in any award. in the arbitral
request justified, after weeks from its receipt
initiative within 30 days award. The Tribunal from the Award. The as to claims arbitration but not proceedings but not
considering the If the Tribunal The Tribunal shall of the arbitral award, The Tribunal may do
of the date of the may make corrections Tribunal may make presented in the dealt with in any decided by the
contentions of the considers such a submit its decision on may request in writing either of the above on
Award. on its own initiative corrections on its own arbitration but not award. arbitral tribunal.
parties, it shall request justified, after the application in draft the arbitral tribunal to its own initiative, within
within 30 days of the initiative within 30 dealt with in the
If the Tribunal considers comply with the consulting the parties, form to the ICC Court give an interpretation The Tribunal may 28 days of the Award, The Tribunal may
date of the Award. days of the date of the Award. The Tribunal
such a request justified request within 30 it shall make the not later than 30 days of a specific point or make corrections on after consulting the make corrections on
Award. may make
after consulting the days after the correction within 28 after the expiration of After giving the other part of the arbitral its own initiative parties. its own initiative
corrections on its
parties, it shall comply request. days of receipt of the the time limit for receipt party an opportunity to The Tribunal shall award within 30 days after within 30 days after
own initiative within If the Tribunal considers
with the request within request (56 days with of any comments from comment on the make any corrections issuing the Award. issuing the Award.
The Tribunal may 30 days of the date A Party, within 4 the request justified
30 days after receipt of respect to an additional the other party or within request, and if the or interpretation it
correct any error on of the Award. weeks from its receipt If the Tribunal after consulting the If the Tribunal
the parties’ last award). such other period as the Tribunal considers the deems appropriate
its own initiative of the arbitral award, considers the request parties, it shall make considers the request
submissions regarding ICC Court may decide. request justified, it (after consulting the If the Tribunal
within 30 days of the The Tribunal may also may request in writing justified, it shall make the correction within 28 justified, it shall make
the request. shall make the parties) within 30 days considers the
date of the Award. correct any error or the arbitral tribunal to the correction or days of receipt of the the correction or
correction or give the after receipt of the request to be
make an additional make an additional interpretation within request (within 56 days interpretation within
interpretation within 30 request, subject to an justified, it shall
award upon its own arbitral award as to 30 days of receipt of for an additional award). 45 days of receipt of
days of the receipt of extension if needed make the correction
initiative within 28 days claims presented in the request (within 60 the request (within 60
the request (within 60 (within 60 days with within 30 days of
of the date of the the arbitral days for an additional days for an additional
days with respect to respect to an receipt of the
award, after consulting proceedings but award (“wherever award, subject to an
an additional award, additional award). request, subject to
the parties. omitted from the reasonably extension if needed).
subject to extension). an extension if
arbitral award possible”), after
needed (within 45
consulting the
days with respect to
parties).
interpretations or an
additional award).

6
 Comparison of Key International Arbitration
Rules (7)
Key International Arbitration Rules

USA Europe Far East Middle East International

Element

JAMS International LCIA Rules ICC Rules SCC Rules HKIAC Rules SIAC Rules JCAA Rules DIAC Rules DIFC-LCIA Rules UNCITRAL Rules
ICDR Rules 2014 Arbitration Rules
2016 2020 2017 2018
2017 2016 2019 2007 2016 2013
Expedited procedure Article 1 Article 22 Articles 9A Article 30 Not available under Article 42 Rule 5 Article 84 Article 12 Article 9 Not available
these rules but a
The International Expedited procedure Expedited formation of The Expedited Expedited Procedure Expedited procedure Expedited arbitration Expedited formation Expedited formation of
separate set of rules
Expedited Procedure is of the Tribunal is the Tribunal available procedures set out at of the Tribunal is the Tribunal available on
Procedure Rules may for SCC Expedited applies upon available on
available where there is available if the on application in cases Articles 83-90 apply available by written application in cases of
apply if the amount Arbitrations are application to the application to the
no claim or aggregate amount in of exceptional urgency where the amount or request in cases of exceptional urgency
does not exceed available HKIAC and the Registrar in limited
counterclaim exceeding dispute is less than economic value of the exceptional urgency
Articles 14.5 – 14.6 $2,000, 000 or the amount in dispute circumstances
$250,000 excluding USD 5 million or the claimant’s claim(s) is
interest and the costs of parties agree or by A Tribunal may make parties so agree does not exceed HKD including in cases of not more than
the arbitration. Parties application to JAMS any procedural order it 25 million, the parties exceptional urgency JPY50,000,000 (or the
International in considers appropriate agree or in cases of foreign currency
may also agree to use
exceptionally urgent with regard to the fair, exceptional urgency. equivalent)
the expedited
procedure circumstances efficient and
reasonable conduct of
Unless otherwise the arbitration;
agreed claims involving including on or more of
$100,000 or less are a non-exhaustive list of
decided on the basis of eight measures
written submissions provided at Article 14.6.
alone

Summary dismissal No summary dismissal Article 26 Article 22.1(viii) No summary dismissal Article 39 Article 43 Rule 29 No summary dismissal No summary dismissal No summary dismissal No summary dismissal
provisions provisions specified provisions specified provisions specified provisions specified provisions specified provisions specified
The Tribunal may The Tribunal has an A party may request A party may request A party may apply to
permit any party to file express power for early that the Tribunal decide that the Tribunal the Tribunal for the
an application for determination of claims one or more issues of determines a point of early dismissal of a
summary disposition or defences that are fact or law by summary law or fact that is claim on the basis
of a particular claim or manifestly outside the procedure. Such issues manifestly without that: (a) a claim or
issue, either by jurisdiction of the may concern merit or manifestly defence is manifestly
agreement of all Tribunal, or are jurisdiction admissibility outside of the without merit; or (b) a
interested parties or at inadmissible or or the merits. The tribunal’s jurisdiction, claim or defence is
the request of one manifestly without merit. request should specify or a point of law or fact manifestly outside the
party, provided other the form of summary that, assuming it is jurisdiction of the
interested parties have procedure proposed, correct, would not Tribunal.
reasonable notice to and that such result in an award
respond to the request procedure is rendered in favour of
appropriate in all the party that
circumstances of the submitted such point.
case.

7
Comparison of Key International Arbitration
Rules (8)

Key International Arbitration Rules

USA Europe Far East Middle East International

Element

JAMS International LCIA Rules ICC Rules SCC Rules HKIAC Rules SIAC Rules JCAA Rules DIAC Rules DIFC-LCIA Rules UNCITRAL Rules
ICDR Rules 2014 Arbitration Rules
2016 2020 2017 2018
2017 2016 2019 2007 2016 2013

Interim measures prior Article 6 Article 3 Article 9B Article 29 and Appendix II Article 23 and Rule 30.2 and Articles 75-79 Not available Article 9B Not available
to constitution of Appendix V Schedule 4 Schedule 1
A party may apply for A party may apply for A party may apply for A party may apply for A party may apply for A party may apply for the
Tribunal
emergency relief before emergency relief prior the immediate A party may apply for the appointment of an A party may apply for A party may file an urgent interim or immediate appointment
the constitution of the to the appointment of appointment of a urgent interim or Emergency Arbitrator urgent interim or application for conservatory relief of a temporary sole
Tribunal. An Emergency an Arbitrator. An temporary sole arbitrator conservatory measures until the case has conservatory relief emergency interim prior to the arbitrator to conduct
Arbitrator shall Emergency Arbitrator to conduct emergency before the case file is been referred to the prior to the constitution relief before the constitution of the emergency proceedings
determine the shall determine the proceedings pending transmitted to the Tribunal. The of the arbitral tribunal. constitution of the arbitral tribunal. The pending formation of the
application and has the application and shall formation of the Tribunal. An emergency Emergency Arbitrator An Emergency Tribunal. An emergency arbitrator Tribunal. This
power to order or award enter an order or Tribunal. This arbitrator shall shall determine the Arbitrator shall Emergency shall make Emergency Arbitrator
any interim or award granting or Emergency Arbitrator determine the application for interim determine the Arbitrator shall reasonable efforts to shall determine the
conservancy measures denying the relief shall determine the application, and his/her relief and has the application, and may determine the decide on the application and may
that s/he deems sought application and may determination shall take power to order or order or award any application and has application within 2 make any order or award
necessary make any order or the form of an order award any interim interim measures it the power to order or weeks from his or her which the Tribunal could
award which the relief that s/he deems deems necessary or award any interim appointment make
Tribunal could make necessary appropriate relief that s/he
deems necessary

8
Comparison of Key International Arbitration
Rules (9)

Key International Arbitration Rules

USA Europe Far East Middle East International

Element

JAMS International LCIA Rules ICC Rules SCC Rules HKIAC Rules SIAC Rules JCAA Rules DIAC Rules DIFC-LCIA Rules UNCITRAL Rules
ICDR Rules 2014 Arbitration Rules
2016 2020 2017 2018
2017 2016 2019 2007 2016 2013
Interim measures after Article 24 Article 32 Article 25 Article 28 Article 37 Article 23 Rule 30 Article 71 Article 31 Article 25 Article 26
constitution of Tribunal Unless otherwise The Tribunal has the The Tribunal has the The arbitral tribunal The Tribunal has the The Tribunal has
The Tribunal may take The Tribunal has the The Tribunal has the The Tribunal has the The Tribunal may
whatever measures it power to take power to order the agreed, the Tribunal power to order any power to order any may order interim issue any interim or power to order the the power to order
power to order any
deems necessary whatever interim Parties to pay security may order any interim interim measure it interim relief it measures under to conservatory Parties pay security for interim measures
interim measure it
including injunctive measures it deems for costs, to make or conservatory deems appropriate deems appropriate the extent it considers measures it deems costs, to make orders including measure
deems appropriate appropriate after
relief necessary including orders concerning the measure it deems necessary including concerning property or to maintain or
and measures for the injunctive relief, property or any other appropriate taking into account injunctions and any other order for restore the status
protection of property measures for the order for provisional the standards under conservation orders provisional relief quo pending
protection of relief Article 71(2), such determination and
property and standards being, (1) measures to
measures to secure that harm not preserve assets/
the payment adequately reparable evidence
by an arbitral award
of any potential
of damages is likely to
Award
result if the measure
is not ordered, and
such harm
substantially
outweighs the harm
that is likely to result
to the Party against
whom the measure is
directed if the
measure is granted;
and (2) there is a
reasonable possibility
that the requesting
Party will succeed on
the merits of the claim

9
Comparison of Key International Arbitration
Rules (10)
Key International Arbitration Rules
USA Europe Far East Middle East International

Element
JAMS International LCIA Rules ICC Rules SCC Rules HKIAC Rules SIAC Rules JCAA Rules DIAC Rules DIFC-LCIA Rules UNCITRAL Rules
ICDR Rules 2014 Arbitration Rules
2016 2020 2017 2018
2017 2016 2019 2007 2016 2013
Arbitration costs Article 34-35 Article 37 Article 28 Article 38 Article 49 Schedule 1 Rule 35 Article 93 Article 37 Article 28 Article 40-41
As soon as practicable The Tribunals’ fees The costs shall be The costs of the Before making the HKIAC will be The Registrar will The amount of an The administrative Administrative charges The fees and
after commencement will be calculated by determined by the arbitration shall final Award the determine the costs arbitrator’s fees will be fixed in and fees of the Tribunal expenses of the
determined based
of the arbitration the reference to work LCIA on a time basis Tribunal will request of the arbitration in remuneration shall be are calculated on a Arbitrators will be
include the fees and upon the Schedule to relation to the
Administrator shall done by its in accordance with the that the SCC Board accordance with the based on the hourly time basis in reasonable in the
expenses of the the Rules which amount in dispute
designate appropriate members and LCIA Schedule of finally determines the SIAC Schedule of rate multiplied by the accordance with the circumstances.
arbitrators and the ICC takes into account number of hours as per the DIAC
rates of compensation charged at rates Costs. The amount arbitration costs in Fees. In exceptional DIFC-LCIA Schedule of
administrative the aggregate reasonably required Table of Fees and The Tribunal shall fix
for the appropriate for the shall be fixed in the accordance with the circumstances an Costs
expenses fixed by the Costs costs in the Award
Arbitrators. The circumstances Award. SCC Schedule of amount in dispute additional fee may to conduct the arbitral
Court, in accordance proceedings; Registration Fee of
costs shall be fixed in Costs Registration be permitted Registration Fee of
Filing Fee of $1500 Registration Fee of The Registration Fee AED 10,000 is payable
the Award with the scales in force Fee of EUR 3000 is provided that, only
per party is payable £1950 is payable is available on the Case Filing Fee of DHS 5000 is
at the time of the payable (EUR 2500 one-half of the
Initial Filing Fee by the Claimant S$2140 for payable
commencement of the if using the Rules for HKIAC website and traveling time the
payable as per Fee Singapore Parties
arbitration. Expedited currently set at HKD arbitrator spends for
Schedule, the cost will and S$2000 for
Arbitrations) 8,000 arbitral proceedings
be in the range of Overseas Parties is
shall be included in
$750-$11,000 Filing Fee of $5,000 is payable
the total hours. The
depending on the payable hourly rate of an
value of the claim arbitrator shall be
JPY50,000 (not
including
consumption tax). ).
However, this is
subject to a cap
depending on the
value of the dispute.
In addition, the hourly
rate is subject to a
10% reduction for
each 50 hours spent
by the arbitrator
above 150 hours,
regardless of the
amount in dispute, up
to a maximum
reduction of 50%. An
Administrative Fee is
also due from the
Claimant at the time
the Request for
Arbitration is
submitted, on a fixed
scale dependent on
the value of the claim
(Article 103).

10
Comparison of Key International Arbitration
Rules (11)

Key International Arbitration Rules

USA Europe Far East Middle East International

Element
JAMS International LCIA Rules ICC Rules SCC Rules HKIAC Rules SIAC Rules JCAA Rules DIAC Rules DIFC-LCIA Rules UNCITRAL Rules
ICDR Rules 2014 Arbitration Rules
2016 2020 2017 2018
2017 2016 2019 2007 2016 2013
Cost allocation Article 34-35 Article 31, 37 Article 28 Article 37 Article 50 Article 34 Rule 37 Article 80 Article 37 Article 28 Article 42
The Tribunal may The Tribunal may The Tribunal has the The Tribunal has The Tribunal is The Tribunal will The Tribunal has The arbitral tribunal The apportionment The Tribunal has the The costs of the
allocate the costs apportion arbitration power to order that discretion as to how to empowered to order may apportion costs of costs between power to order that arbitration are, in
decide the authority to order
between the Parties if costs among the legal or other allocate the costs one Party to pay any between the Parties, the Parties shall be legal or other expenses principle, borne by
apportionment of that legal and other taking into account
it considers allocation parties if it expenses incurred by between the Parties reasonable costs fixed by the Award. incurred by a Party be the unsuccessful
reasonable, taking into incurred by the other costs of the costs of one Party the Parties’ conduct An Award can be Party but the
considers apportion a Party be paid by and shall take into paid by another Party
account the reasonable, taking another Party and will account such Party arbitration in its are paid by the throughout the course rendered solely for and will base its Tribunal can
circumstances of the into account the base its decision on circumstances as it award based upon other of the arbitral costs decision on the general apportion if
case circumstances of the general principle considers relevant its judgement of what proceedings, the principle that costs appropriate
the case. that costs should including the extent to is reasonable in the determination on the should reflect the
reflect the Parties’ which each party has circumstances. merits of the dispute, Parties’ relative
In apportioning and any relevant
relative success conducted the success
costs the Tribunal circumstances.
arbitration in an
may take into
expeditious and cost-
account a Party’s
effective manner
bad faith conduct

11
Comparison of Key International Arbitration
Rules (12)

Key International Arbitration Rules

USA Europe Far East Middle East International

Element
JAMS International LCIA Rules ICC Rules SCC Rules HKIAC Rules SIAC Rules JCAA Rules DIAC Rules DIFC-LCIA Rules UNCITRAL Rules
ICDR Rules 2014 Arbitration Rules
2016 2020 2017 2018
2017 2016 2019 2007 2016 2013
Perceived advantages Rules promote Access to the JAMS Long established The ICC is sometimes Perceived neutrality Recently referred to Relative speed. The The rules expressly A flexible set of Access to the LCIA’s Perceived neutrality
mediation and permit electronic filing institution and widely considered the leading of the institution as the “Most Award ought to be recognise that arbitration rules extensive database of of the institution
Parties to agree to system for filing, respected institution in terms of Improved” institution provided in draft in arbitrators cannot used in the UAE Arbitrators
Historically often Useful where Parties
mediate at any time serving and the volume and and one of the most 45 days delegate decision-
Rules particularly well used for disputes and elsewhere in Supervised by the cannot agree on a
during arbitration accessing significance of cases used institutions making to third
suited to London- involving Russian, Arbitrator the Middle East LCIA rather than the set of rules or a
proceedings, arbitration outside of Europe parties, such as
seated arbitrations The Terms of CIS and other appointments are DIFC courts
encouraging early documents from user surveys tribunal secretaries, A number of DIAC designated
because they are Reference can help Eastern European made from a panel
settlement without parties’ Arbitrators have The DIFC courts can institution
Mediator-In-Reserve drafted to fit with the narrow the issues in counter parties. The Institution is used to
Perceived neutrality consent specialised ratify and enforce
The Notice also policy encouraging UK Arbitration Act dispute early in the pool of Arbitrators and capably deals Possible reduced
compared to other construction arbitral Awards within
comprises the early settlement 1996 process includes several with with parties from the The availability of an administrative costs
arbitral institutions experience the jurisdiction,
Statement of Claim Russian fluency Mainland expedited procedure, because it is not run
Specialist team of Calculation of cost on Scrutiny of the Award in China avoiding the Dubai
which makes the which can be used in The rules impose a through an arbitral
insurance a time rather than by the ICC Court New claims can be Good record of court system. The
procedure quicker higher-value disputes confidentiality institution
Arbitrators and value of claims basis which ensures a high consolidated on enforcement in the DIFC courts can also
if the parties agree undertaking on the
Availability of mediators is sometimes thought standard of Award request by a Party in Mainland “convert” an arbitral
Parties
expedited procedure to lead to lower costs writing, albeit scrutiny certain Arbitrator fees are Award into a UAE
under which the does not usually circumstances payable on an hourly judgment pursuant
The Tribunal’s general
Award should be extend to the rate but are subject to to the Protocol of
power includes making
rendered within 30 substance of the a cap depending on Enforcement, which
orders to expedite the
days from closing decision the value of the allows enforcement
procedure, and
dispute against on-shore
Any Party can request specifies examples of Proceedings can be
assets without the
that a consolidation potential steps to that consolidated on Introduction of a
ratification procedure
Arbitrator is appointed. end. request by a Party in separate set of
The consolidation certain circumstances “Interactive
Tribunals have an
Arbitrator will have the Arbitration Rules”, to
express power to From 1 January
power to consolidate apply where the
determine early any 2016 the ICC has
two or more parties agree. The
claims that are
arbitrations indicated it will rules aim to
manifestly without
improve transparency encourage settlement
merit.
and seek to reduce of a dispute by
The first of the main the risk of arguments requiring the tribunal
Rules to require to communicate
of bias by publishing
Tribunals to consider preliminary views
information on
whether any specific about the dispute
information security individual arbitrators twice during the
measures and means proceedings
to address the
processing of personal
data should be
adopted.
Proceedings can be
consolidated in certain
circumstances subject
to the approval of the
LCIA

12
Comparison of Key International Arbitration
Rules (13)

Key International Arbitration Rules

USA Europe Far East Middle East International

Element

JAMS International LCIA Rules ICC Rules SCC Rules HKIAC Rules SIAC Rules JCAA Rules DIAC Rules DIFC-LCIA Rules UNCITRAL Rules
ICDR Rules 2014 Arbitration Rules
2016 2020 2017 2018
2017 2016 2019 2007 2016 2013
Perceived Perceived as US- Perceived as US- Perceived as London- Costs and time are Swedish courts can Perceived as Asia- No institutional Historically, the The successful Administrative costs The lack of
disadvantages centric, with lists of centric centric increased by the need be slow to grant centric scrutiny of the JCAA's caseload has Party will ultimately are likely to be higher institutional
Arbitrators consisting for Terms of interim remedies Award been small, and has need to go to the than DIAC. administration
of a majority of The rules provide No institutional Reference and the No institutional been used principally (unless adopted by
that the Tribunal scrutiny of the Award Appointment by SCC scrutiny of the Award The rules provide Dubai courts for on- No set time frame for
domestic candidates scrutiny of the Award for Japan-related agreement) can
and JAMS maintain Institute, but no that the Tribunal shore enforcement issue of the Award
The Rules do not by the ICC Court international result in delay
No institutional the confidential panel and SIAC keep the transactions in the UAE
scrutiny of Awards nature of the expressly require Terms of Reference arbitration No institutional scrutiny The lack of an
arbitration but do Tribunals to consider may cause challenge/ confidential but do No set time frame for No set time frame of the Award institutional rate of
The rules provide that not impose a whether they should enforcement problems not impose a issue of the Award for issue of the fees can result in
the Tribunal and confidentiality exercise their power to confidentiality following the closing Award increased cost
ICDR keep the requirement on the order expedition or No express duty of requirement on the of the arbitral
arbitration confidential any of the eight confidentiality is No institutional The rules make the
Parties Parties proceedings
but do not impose a specified measures; or imposed on the scrutiny of the hearings confidential
confidentiality to consider whether Parties No institutional Award but do not impose a
requirement on the No institutional they should order scrutiny of the confidentiality
Parties scrutiny of the Sometimes said to be Awards, although requirement on the
early determination.
Award bureaucratic Parties can request Parties
that the Tribunal
interpret the Award No set time frame for
within 4 weeks of issue of the Award
receipt of the Award No institutional
scrutiny of the
Awards, although
Parties can request
that the Tribunal
‘interpret’ the Award

13