Status:
Published on 28-Apr-2011
General
1.
Please give a brief overview of the use of commercial arbitration in your jurisdiction, including any recent trends. What are the general advantages and disadvantages of arbitration compared to court litigation in your jurisdiction?
2.
Which arbitration organisations are commonly used to resolve large commercial disputes in your jurisdiction? Please give details of both arbitral institutions and professional/industry bodies, including the website address of each organisation.
3.
What legislation applies to arbitration in your jurisdiction? To what extent has your jurisdiction adopted the UNCITRAL Model Law on International Commercial Arbitration 1985 (UNCITRAL Model Law)?
4.
Are there any mandatory legislative provisions (for example, relating to removal of arbitrators, challenge of awards and arbitrability)? If yes, please summarise their effect.
5.
Are there any requirements relating to independence or impartiality?
6.
Does the law of limitation apply to arbitration proceedings? If yes, briefly state the usual length of limitation period(s) and what triggers or interrupts it in the context of commercial arbitration.
Arbitration agreements
7.
For an arbitration agreement to be enforceable:
8.
Do statutory rules apply to the arbitration agreement? For example, are there restrictions on the number, qualifications/characteristics or selection of arbitrators?
9.
In what circumstances can a third party be joined to an arbitration, or otherwise be bound by an arbitration award? Please give brief details.
Procedure
10.
Does the applicable legislation provide default rules governing the appointment and removal of arbitrators, and the start of arbitral proceedings?
11.
What procedural rules are arbitrators likely to follow? Can the parties determine the procedural rules that apply? Does the legislation provide any default rules governing procedure?
12.
What procedural powers does the arbitrator have? If there is no express agreement, can the arbitrator order disclosure of documents and attendance of witnesses (factual or expert)?
Evidence
13.
What documents must the parties disclose to the other parties and/or the arbitrator(s)? Can the parties determine the rules on disclosure? How, in practice, does the scope of disclosure compare with disclosure in litigation?
Confidentiality
14.
Is arbitration confidential?
Courts and arbitration
15.
Will the local courts intervene to assist arbitration proceedings? For example, by granting an injunction or compelling witnesses to attend?
16.
What is the risk of a local court intervening to frustrate the arbitration? Can a party delay proceedings by frequent court applications?
17.
What remedies are available where proceedings are started in the local court in breach of an arbitration agreement?
18.
Will the local courts grant an injunction to restrain proceedings started overseas in breach of an arbitration agreement?
19.
What remedies are available where one party denies that the tribunal has jurisdiction to determine the dispute(s)? Does your jurisdiction accept the concepts of separability and/or kompetenz-kompetenz? Does the tribunal or the local court determine issues of jurisdiction?
Remedies
20.
What interim remedies are available from the tribunal? Can the tribunal award:
21.
What final remedies are available from the tribunal? For example, can the tribunal award damages, injunctions, declarations, costs and interest?
Appeals and challenges
22.
Can arbitration proceedings and awards be appealed or challenged in the local courts? If yes, please briefly outline the grounds and procedure. Can the parties effectively exclude any rights of appeal?
Costs
23.
What legal fee structures can be used? For example, hourly rates and task based billing? Are fees fixed by law?
24.
Does the unsuccessful party have to pay the successful party's costs? How does the tribunal usually calculate any costs award and what factors does it consider?
Enforcement
25.
To what extent is an arbitration award made in your jurisdiction enforceable in the local courts? Please briefly outline the enforcement procedure.
26.
To what extent is an arbitration award made in your jurisdiction enforceable in other jurisdictions? Is your jurisdiction party to international treaties relating to this issue such as the UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (New York Convention)?
27.
To what extent is a foreign arbitration award enforceable in your jurisdiction? Please briefly outline the enforcement procedure.
28.
How long do enforcement proceedings in the local court take? Is there any expedited procedure?