P.R.I.M.E. Finance (2022)—tribunal’s powers

Produced in partnership with Deannie Yap of P.R.I.M.E. Finance Foundation and Camilla Macpherson of Independent contributor
Practice notes

P.R.I.M.E. Finance (2022)—tribunal’s powers

Produced in partnership with Deannie Yap of P.R.I.M.E. Finance Foundation and Camilla Macpherson of Independent contributor

Practice notes
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The P.R.I.M.E. Finance arbitration rules were revised in 2021 and the 2022 edition came into force on 1 January 2022, applying to arbitrations commenced on or after that date (the P.R.I.M.E. Finance rules; the Rules). The Rules also include model clauses and a model submission agreement.

This Practice Note considers the powers of arbitral tribunals appointed under the P.R.I.M.E. Finance Rules.

The tribunal has a general power to conduct proceedings in a way that it considers appropriate provided that the parties are treated with equality and the parties are each given a reasonable opportunity to present their case. In exercising its discretion, the tribunal must avoid unnecessary delay and expense and deliver a fair and efficient process for resolving the dispute (art 16.1).

Place, location, language and rule of law

Among other things, the tribunal has the power, if the parties have not previously agreed, to determine:

  1. the legal place (seat) of arbitration (art 18)

  2. the location of any hearings (art 18)

  3. the language of the arbitration

Deannie Yap
Deannie Yap

Deannie Yap is Legal Officer at P.R.I.M.E. Finance, a foundation based in The Hague which seeks to foster greater financial market stability and increased confidence in global finance.
 
Deannie a Singapore-qualified advocate and solicitor who holds an LLB from the Singapore Management University as well as an Advanced LLM in International Dispute Settlement and Arbitration (cum laude) from Leiden University. Deannie spent five years in private legal practice in Singapore dealing with civil and commercial litigation matters before moving to The Hague in 2021. She has a keen interest in the emerging frontier of digital assets and fintech-related disputes.

Camilla Macpherson
Camilla Macpherson

From 2019 to 2024, Camilla Macpherson was Head of Secretariat of P.R.I.M.E. Finance, a foundation based in The Hague which seeks to foster greater financial market stability and increased confidence in global finance.
 
Camilla previously practised international arbitration and litigation at Allen & Overy in London and Amsterdam, focusing on complex, high value cross-border disputes, many involving co-ordination of cross-jurisdictional proceedings and project management on a global scale. She was also previously DLA Piper’s Head of Knowledge Management, DLA Piper’s dedicated Brexit Counsel, and Legal Counsel at the Permanent Court of Arbitration in The Hague.
 
Camilla is a Fellow of the Chartered Institute of Arbitrators, a member of the Law Society’s Arbitration Working Group, a former member of the Law Society’s International Committee and a practising solicitor in England & Wales with Solicitors’ Higher Rights of Audience.

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Jurisdiction(s):
United Kingdom
Key definition:
Arbitration rules definition
What does Arbitration rules mean?

The procedural rules in accordance with which an arbitration is conducted. The arbitration rules may be found in the arbitration law of the seat of the arbitration and/or any arbitration rules agreed to apply by the parties (such as the arbitration rules of the LCIA or HKIAC).

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