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This document is part of the ICC Dispute Resolution Library.
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Publisher: Image of Publisher which is The International Chamber of Commerce (ICC DRL)
Type: Books
Publication Date: 24 October 2022
Language: English
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Institutions’ normative role in shaping international arbitration

306.

Changes to the nature of the arbitral process and sundry reviews of the international arbitration system have thrown up concerns in respect of some aspects of the process, concerns that users allege if not properly addressed, can negatively impact the efficiency and even the legitimacy of arbitration as a system of private dispute resolution. All users of arbitration are aware that the arbitral process is one where parties engage in a private resolution of their dispute, outside of a government instituted legal framework, but supported by government enforcement structures at conclusion. The arbitral process is driven by party autonomy and is based on their agreement as to the procedural rules that will guide the process from commencement to conclusion. Parties choose to do this in one of two ways, either by regulating the process themselves [ad hoc arbitration] or through utilising the services of an arbitral institution [institutional arbitration].

In ad hoc arbitration proceedings, the parties themselves decide all aspects of the arbitration, from how to appoint the arbitrator to the rules and procedures, which will govern the proceedings. For such situations, the United Nations Commission on International Trade Law [UNCITRAL] has developed model arbitration rules which parties can use as a guide in regulating the arbitration process and can be used for both domestic and international disputes. In most ad hoc arbitrations, rather than draft an extensive set of procedural rules, parties tend to opt for the UNCITRAL Arbitration Rules, which UNCITRAL has amended from time to time in response to concerns raised by users.

Where the parties decide to utilise the services of an arbitral institution to regulate any arbitration proceedings, they usually designate an institution in the arbitration clause or agreement to administer the arbitral process. The selected institution will ad

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