Rules
Arbitration rules govern how the arbitration process is run. Ciarb offers three sets of rules to choose from.
Ciarb Arbitration Rules
Ciarb Arbitration Rules
The Ciarb Arbitration Rules 2015 (the Rules) are designed for use in both domestic and international ad hoc arbitrations.
The Rules are based on the 2010 UNCITRAL Arbitration Rules and include optional additional clauses to enable parties to tailor them to their own needs. Significantly, the Rules allow Ciarb to decide challenges to arbitrators and introduce provisions to aid emergency relief and enhance efficiency.
The Rules are based on the 2010 UNCITRAL Arbitration Rules and include optional additional clauses to enable parties to tailor them to their own needs. Significantly, the Rules allow Ciarb to decide challenges to arbitrators and introduce provisions to aid emergency relief and enhance efficiency.
Ciarb Mediation Rules
Ciarb Mediation Rules
The Ciarb Mediation Rules are based on the 1 August, 1999 rules of the Hong Kong International Arbitration Centre (HKIAC).
These rules should be interpreted in accordance with the Ciarb Code of Professional and Ethical Conduct for Members. They do not preclude mediation occurring simultaneously with arbitration or litigation. These rules may also apply where there is no conflict or dispute to be resolved, but the parties simply wish to use mediation to facilitate achieving an agreed outcome.
Cost Controlled Arbitration Rules
Cost Controlled Arbitration Rules
For relatively straightforward and lower value cases, the parties may wish to use the Ciarb Cost Controlled Expedited Arbitration Rules. These rules are designed for smaller claims in which the issues are comparatively simple and there is a risk that costs may outweigh the amount at stake.
If both parties agree to use the Ciarb Cost Controlled Arbitration Rules, they must ensure that the arbitrator appointed to hear the case also agrees to this.
Contracts signed after 2018 that specifically reference the Ciarb Arbitration Rules will automatically qualify for use of the Cost Controlled Expedited Arbitration Rules where the claim value is under £2,000,000 unless parties jointly agree to opt out.