Institutions, Rules and Model Clauses

International Arbitration can be conducted in New York on an ad hoc basis, or under the administration of any arbitration institution. This page provides information and links to some of the leading arbitration institutions that administer arbitrations in New York and rules that are used in New York every day.

United Nations Commission on International Trade Law (“UNCITRAL”)

The United Nations Commission on International Trade Law (UNCITRAL), established in 1966, has been recognized as the core legal body of the United Nations system in the field of international trade law. Its mandate is to further the progressive harmonization and modernization of the law of international trade by preparing and promoting the use and adoption of legislative and non-legislative instruments in a number of key areas. Those areas include dispute resolution (arbitration, mediation, online dispute resolution), international contract practices, transport, insolvency, electronic commerce, international payments, secured transactions, procurement and sale of goods. UNCITRAL texts are widely accepted as offering solutions appropriate to different legal traditions and to countries at different stages of economic development.

In the field of international arbitration, the New York Convention on the Recognition and  Enforcement of Foreign Arbitral Awards, 1958 is one of the most important and successful United Nations treaties in the area of international trade law. UNCITRAL is responsible for the promotion of the Convention, and for its harmonized interpretation and application. The UNCITRAL Model Law on International Commercial Arbitration (1985, amended in 2006) establishes widely accepted procedures. Around ninety jurisdictions have adopted legislation based on the Model Law to date. The UNCITRAL Arbitration Rules (1976, revised in 2010) have been used for the settlement of a broad range of disputes, including disputes between private commercial parties, investor-State disputes and State-to-State disputes. They have also strongly contributed to the development of the arbitration activities of many arbitral institutions in all parts of the world.

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  • Rules and Procedures
  • Model Clauses:
    • Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules.
    • Note. Parties should consider adding: (a) The appointing authority shall be … [name of institution or person]; (b) The number of arbitrators shall be … [one or three]; (c) The place of arbitration shall be … [town and country]; (d) The language to be used in the arbitral proceedings shall be … .”
    • Source: UNCITRAL Arbitration Rules (as revised in 2010) at 29.

International Centre for Dispute Resolution (“ICDR”)

Established in 1996 as the international division of the American Arbitration Association, the International Centre for Dispute Resolution® (ICDR) is one of the most recognized and prominent providers of international dispute resolution services in the world. Key to this success is hte ICDR’s Case Management Team, comprised of highly trained professionals from around the globe who, in addition to an in-depth understanding of ICDR International Arbitration Rules and Mediation Procedures, have a proven track record for moving matters forward, helping to control costs, and respecting cultural differences.

The ICDR emphasizes party choice where feasible, such as the ability to file under a number of sets of procedural rules and to choose where a dispute is held. ICDR procedures also encourage party input in selecting the appropriate arbitrator or mediator.

The International Court of Arbitration® of the International Chamber of Commerce

Created in 1923, the International Court of Arbitration®  (“Court”) of the International Chamber of Commerce (“ICC”) is a leading institution for resolving international commercial and business disputes, pioneering international commercial arbitration as it is known today.  The Court is not a “court” in the traditional sense in that it does not, itself, resolve disputes.  Disputes are resolved by independent arbitrators.  Rather, the Court organizes and supervises the arbitration process and makes every effort to ensure the enforceability of the awards rendered under the ICC Rules of Arbitration.

The Court is assisted by a Secretariat, headed by the Secretary General, headquartered in Paris and staffed full-time by over 80 persons, including more than 30 lawyers covering over 20 nationalities and speaking over 25 different languages.  Each case is monitored by one of eight case teams, one of which is located in Hong Kong, each headed by a Counsel using computerized case management and information retrieval systems that function in four different languages.

In addition to case management, the Secretariat provides educational and documentary support services to promote and facilitate the use of arbitration.  Through ICC Dispute Resolution Services, the ICC also administers other forms of dispute resolution, including ADR, expertise proceedings, DOCDEX (documentary instruments dispute resolution expertise), and Dispute Boards.

The International Centre for Settlement of Investment Disputes

The International Centre for Settlement of Investment Disputes (ICSID or the Centre) is one of the five intergovernmental organizations that make up the World Bank Group. It was established in 1966 by the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ICSID Convention).  Effective December 10, 2013, 158 States had signed the ICSID Convention and 147 States had ratified it.

The mandate of ICSID is to foster increased flows of international investment by providing an impartial and effective international forum for the resolution of disputes between host governments and foreign investors.  The Centre administers arbitration and conciliation under the ICSID Convention and the ICSID Additional Facility Rules.  ICSID also administers investor-State proceedings under other sets of rules such as the Arbitration Rules of the United Nations Commission on International Trade Law, and acts as an appointing authority under various arbitral rules and international treaties.

JAMS

JAMS International is headquartered in New York and London, with partners in Italy, the Netherlands and Ireland.  The JI panel is multi-cultural, multi-lingual, and experienced in a wide variety of sectors including construction, engineering, maritime, banking and financial services, media and entertainment, intellectual property, oil and gas, defamation, complex commercial and numerous other sectors.  JAMS arbitrators and mediators have heard cases on six continents, and served on cases for all of the major arbitral institutions as well as many regional institutions and ICSID.

The International Institute for Conflict Prevention and Resolution (CPR Institute)

CPR is a leading independent resource helping global businesses and their lawyers resolve complex commercial disputes more cost effectively and efficiently.

In 1979, CPR started this legacy by being the first to bring together Corporate Counsel and their firms to find ways to lower the cost of litigation. Since that time, CPR has changed the way the world resolves conflict by being the first to develop an ADR Pledge©.  Today, this Pledge obliges over 4,000 operating companies and 1,500 law firms to explore alternative dispute resolution options before pursuing litigation.  CPR is once again challenging the way the world resolves conflict by introducing the 21st Century Corporate ADR Pledge©.  This new Pledge will systemically change the way global businesses and their leaders resolve complex commercial disputes.

CPR’s membership comprises an elite group of ADR trailblazers, including executives and legal counsel from the world’s most successful companies and global law firms, government officials, retired judges, highly experienced neutrals, and leading academics.  CPR accomplishes its mission by harnessing the expertise of these leading legal minds to change the way the world resolves conflict for generations to come.