CIArb finalise 10 principles for an efficient and effective seat of arbitration

In our earlier post we discussed the CIArb’s 10 Principles for an efficient and effective seat of arbitration. While the principles have remained the same, the details have changed in subtle ways to broaden the principles away from International Commercial Arbitration to arbitration ‘at large’ with a specific mention of investor state arbitration now being introduced.

The core principles remain the same:

Law

Judiciary

Legal Expertise

Education

Right of representation

Accessibility and safety

Facilities

Ethics

Enforceability

The changes to note are:

  • Removal of the word ‘Commercial’ in several places to broaden the Principles from International Commercial Arbitration to International Arbitration
  • Addition of Principle 1(c)  to reflect the importance of ‘striking an appropriate balance between confidentiality and appropriate transparency, including the growing practice of greater transparency in investor state arbitration’
  • That the commitment to education must be implemented, not just theoretical
  • That parties, witnesses and counsel must be able to enter, work and exit the seat without unreasonable constraints (previously it just provided for entry)
  • A ‘demonstrably experienced’ Judiciary has been changed to one which is ‘competent, efficient, with expertise’

The finalised Principles maintain the ‘feel’ of the draft in being not overly-prescriptive but encouraging debate about the foundations of a strong arbitral seat. Whether these Principles will be used to guide countries aiming to develop their reputation as an arbitral seat remains to be seen. In our view London passes the test and we’ll be looking at how other jurisdictions measure up in future blogs.

Filed Under: Arbitration

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