Over the last year, Practice and Standards Committee of the Chartered Institute of Arbitrators (PSC), which is charged with the development and promotion of best practice in arbitration worldwide, published ten new International Arbitration Guidelines. The Guidelines are designed for international commercial arbitrations and are not based on the laws of any particular jurisdiction and/or arbitration rules, the recommended good practice principles and standards are equally applicable in domestic arbitrations, including those seated in Poland.
Shortly after the enactment of the English Arbitration Act 1996, the first edition of the Guidelines was published in 1998 focusing exclusively on the practice of arbitration in England. Subsequently, the Guidelines were periodically reviewed and updated to broaden their application by adding a commentary on the practice in a number of other jurisdictions reflecting the local laws and the rules of various international arbitral institutions.
The new Guidelines identify best practice as to how arbitrators should respond to procedural issues and challenges that commonly arise. However, the Guidelines are not prescriptive and do not contain any legal advice. Rather they contain suggestions and recommendations aimed at promoting a consistent approach to decision-making. Ultimately, arbitrators’ decisions should always take into legal and factual circumstances of a particular proceeding. It should be noted that the new Guidelines can also be used by counsel who seek advice on procedural matters.
To ensure that the new Guidelines reflect international best practice and take into account different legal backgrounds and culture, they were drafted by the PSC, whose members come from 13 different jurisdictions.
The 10 new Guidelines, which discuss the most crucial and sometimes controversial issues of international arbitration are listed below. Each of them include specific guidelines and explanatory notes.
- Interviews for Prospective Arbitrators
- Terms of Appointment including Remuneration
- Jurisdictional Challenges
- Applications for Interim Measures
- Applications for Security for Costs
- Documents-Only Arbitration Procedures
- Party Non-Participation
- Drafting Arbitral Awards Part I - General
- Drafting Arbitral Awards, Part II - Interest
- Drafting Arbitral Awards, Part III - Costs
The Guidelines are available at: http://www.ciarb.org/guidelines-and-ethics/guidelines/arbitration-guidelines
Prepared by Aleksandra Orzeł-Jakubowska, associate, Łaszczuk and Partners