About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

31 701 (2014)
Vive la Difference? Convergence and Conformity in the Rules Reforms of Arbitral Institutions: The Case of the LCIA Rules 2014

handle is hein.kluwer/jia0031 and id is 723 raw text is: Vive la difference? Convergence and Conformity in the Rules Reforms of Arbitral Institutions: The Case of the LCIA Rules 2014 Dipen SABHARWAL & Rebecca ZAMAN* Many international arbitration institutions have reformed their Rules within the last five years, including the International Centre for Dispute Resolution (ICDR (2009)), Stockholm Chamber of Commerce (SCC (2010)), International Chamber of Commerce (ICC (2012)), Singapore International Arbitration Centre (SIAC (2013)), Hong Kong International Ar- bitration Centre (HKIAC (2013)) and now the London Court of International Arbitration (LCIA (2014)). The LCIA's reform of its Rules appears to be part of an increasing convergence of the procedures of international arbitration institutions. This is particularly apparent in three aspects of the new LCIA Rules: the new availability of emergency arbitrators; the inclusion of consolidation provisions and rules on the treatment of third parties generally; and the imposition of 'soft' ethical standards on arbitrators, experts and legal representatives. This article examines this phenomenon of convergence among arbitration institutions, and assesses its desirability. Are these second generation reforms to institutional rules similar because they are addressing common user concerns and general teething problems with earlier rules? Or are other influences pushing arbitral institutions towards conformity in their procedures? This article analyses empirical data concerning the extent to which choice and flexibility in procedures are desired by users of arbitration. In light of this data, we consider the extent to which the LCIA rule reforms and other institutional rule reforms are catering to user preference and how this might be improved. 1 INTRODUCTION On 25 July 2014, the London Court of International Arbitration (LCIA) Court formally adopted its new arbitration rules (the '2014 Rules'). The 2014 Rules came into force on 1 October 2014 and will apply to any LCIA arbitration commenced from that date. Many international arbitration institutions have reformed their Rules within the last five years, including the International Centre for Dispute Resolution Dipen Sabharwal is a Partner in the London office of White & Case LLP. Rebecca Zaman is an Associate in the London office ofWhite & Case LLP.Views expressed are personal.The authors thank Sonia Kenawy for her valuable research assistance with this article. Sabharwal, Dipen & Zarnan, Rebecca. 'Vive la difference? Convergence and Conformity in the Rules Reforms of Arbitral Institutions: The Case of the LCIA Rules 2014'.Journal oflnternationalArbitration 31, no. 6 (2014): 701-718. © 2014 Kluwer Law International BV, The Netherlands

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most