The LAC has several years of experience in administering arbitral proceedings conducted under the UNCITRAL rules of 1976 and 2010. The cases mainly concern complex international disputes in the field of construction, investments and international trade.
Advantages of administered UNCITRAL arbitration:
The LAC Procedures for the Administration of Cases Under the UNCITRAL Arbitration Rules enable the parties to use the advantages of institutional arbitration and retain the flexibility and universal character of UNCITRAL Arbitration Rules. The rules are drafted in such a manner that they primarily fit the current UNCITRAL Arbitration Rules of 2010 (supplemented in 2013 with the fourth paragraph of Article 1); however, they are flexible enough to be applied to the UNCITRAL Arbitration Rules of 1976, if need be.
The rules were originally written in English.
Administrative services of the LAC
The rules are drafted in such a manner as to supplement the UNCITRAL Arbitration Rules (always where the rules refer to the appointing authority). The administrative services of the LAC, therefore, consist mostly of the following:
- Appointment of arbitrators
- Decision-making concerning challenges of arbitrators, and
- Decision-making concerning the costs of arbitration, as well as financial management of proceedings.
How to agree on the application of the rules?
The parties may agree on the application of the rules in their basic contract or at a later time, after the dispute arises or even during arbitral proceedings. A standard clause is available for this purpose.
An agreement on the application of the rules is recommended especially in the event of ad hoc arbitrations, where the parties have not agreed on the rules of procedure in advance. By agreeing on the application of the rules:
- The parties ensure greater efficiency of proceedings,
- Avoid potential complications in appointing arbitrators, and
- Enable transparency and predictability of the costs of arbitration (use of the tariff in force, safekeeping of the advance for covering the costs of arbitration, administering payments from the advance and financial management of proceedings, including calculation of taxes and contributions, drafting of the final calculation and repayment of potential surpluses to the parties).