Legal Practice Notes

Applicable rules Except for matters covered by Rule 7 and outlined in this Practice Note, all other AIAC Rules will govern any arbitration carried out under the Fast Track Procedure ( Rule 7.9). Request A party may seek application of the Fast Track Procedure when commencing the arbitration, or at any point prior to the constitution of the Arbitral Tribunal, if at least one of the following conditions is satisfied ( Rule 7.1): the parties have agreed to adopt the Fast Track Procedure or any edition of the AIAC Fast Track Arbitration Rules; the amount in dispute in the notice of arbitration is below USD 3 million (for international arbitration) or RM 2 million (for domestic arbitration); or there is exceptional urgency. Where the request for the Fast Track Procedure is not based on the parties’ agreement, the President of the AIAC Court will decide it,...

Appointment General rules The President of the AIAC Court acts as the appointing authority for arbitrations conducted under AIAC Rules ( Rule 15.1). In exercising that power, s/he may request any information required from the parties and invoke the powers conferred by the AIAC Rules ( Rule 15.4). Any nomination or pact by the parties to identify or appoint the Arbitral Tribunal is conditional upon the President confirming the appointment ( Rule 15.5). Number of arbitrators The parties are free to agree and fix the number of arbitrators ( Rule 15.2). If the arbitration agreement contains no such agreement, a sole arbitrator will be designated by default, unless the AIAC Court, on a party’s application, decides that the nature and complexity of the dispute justifies appointing three arbitrators instead ( Rule 15.3)......

Costs of the arbitration The costs of the arbitration comprise the following listed items ( Rule 47.1): the Arbitral Tribunal’s remuneration; the AIAC administrative fee payable; reasonable outlays and expenses incurred by the Arbitral Tribunal; any charges for the use of the AIAC’s facilities and any supplementary services; any further costs as directed by the Arbitral Tribunal; and any applicable taxes or other charges payable. Arbitral Tribunal’s fees and AIAC administrative fee Quantum The AIAC Court will determine and fix the fees of the Arbitral Tribunal and the AIAC administrative fee in line with the scales set out at both Schedules 1A (governing international arbitration) and 1B (governing domestic arbitration) respectively of the AIAC Rules ( Rule 47.3). Such fees are assessed by reference to the amount in dispute, encompassing the value of any claims, any...

Commencement The 2026 AIAC Rules came into force on 1 January 2026 ( Guideline and Application, para A)... Context Wider restructuring initiatives at the AIAC Introducing the 2026 AIAC Rules forms part of broader reforms at the AIAC and embodies global best practice in commercial arbitration. Alongside the arbitration rules, the AIAC has issued refreshed rules for Islamic arbitration, mediation, and sports arbitration. A notable innovation arising from the 2026 AIAC Rules is the creation of the AIAC Court of Arbitration, which replaces the former Director‑centred model in the 2023 AIAC Rules. This recalibration brings the AIAC’s procedures into alignment with the benchmarks of other leading international arbitral institutions... Objectives The......

Arbitral Tribunal’s jurisdiction Separability The Arbitral Tribunal is entitled to decide its own jurisdiction, including any objections concerning the existence or validity of the arbitration agreement. In doing so, it will have regard to the following principles ( Rule 26.1): an arbitration agreement incorporated within a contract is separable from the contract’s other provisions; a finding that the contract is null and void will not, of itself, invalidate the arbitration agreement Jurisdictional challenge A party may mount a jurisdictional challenge even if it nominated the arbitrator being challenged, or asked the President of the AIAC Court to appoint or confirm the Arbitral Tribunal ( Rule 26.4)......

Why would an additional award be needed? If a tribunal overlooks one or more claims advanced in the arbitration (for example, interest or costs), the parties can seek an additional award addressing those discrete claims under section 57(3)(b) of the Arbitration Act 1996 ( AA 1996). In this context, a ‘claim’ is distinct from an ‘issue’ as that term appears in AA 1996, s 68(2)(d). A claim is the narrower concept: a single claim may generate multiple issues, or it may itself comprise a solitary issue (see Torch Offshore LLC v Cable Shipping). Section 57(3)(b) of the AA 1996 is confined to rectifying omissions in respect of whole claims that were left undecided. Determining whether such an omission occurred will typically involve examining the award to ascertain if the claim was actually determined. In Cadogan Maritime v Turner Shipping, the court cautioned against...

Where an arbitration agreement designates arbitration under the Abu Dhabi Commercial Conciliation & Arbitration Centre ( ADCCAC), the proceedings will take place pursuant to the 2013 Procedural Regulations of Arbitration (the 2013 Regulations), which, among other aspects and matters, delineate the procedural framework of the arbitration. Consistent with international arbitration rules generally, that framework is intentionally light-touch so as to afford the parties and the Panel ( ADCCAC’s term for the tribunal) flexibility, and it frequently operates, in practice, only in the absence of a contrary agreement between the parties. This Practice Note relies on the ‘official’ English version of the 2013 Regulations. There are inconsistencies between Arabic and English as regards the translation of mandatory versus permissive terminology. The authoritative text is, however, Arabic, and Arabic will prevail if any dispute arises concerning the 2013...

ADCCAC—starting an arbitration— Request for Arbitration Under the Abu Dhabi Commercial Conciliation & Arbitration Centre ( ADCCAC) 2013 Procedural Regulations of Arbitration (the 2013 Regulations), an arbitration is commenced by lodging a Request for Arbitration (the Request)—see: ADCCAC—starting an arbitration— Request for Arbitration. This Practice Note relies on the ‘official’ English text of the 2013 Regulations. Variations exist between Arabic and English regarding the rendering of mandatory versus permissive expressions, and nuances may differ. The authentic text is Arabic and, in the event of any dispute over the 2013 Regulations, the Arabic version will take precedence and govern. The arbitration costs—covering the Centre’s charges and those of the Panel ( ADCCAC’s label for the tribunal)—must be remitted to the Centre at the commencement of the case and at the outset of the arbitration—see: Arbitrating under the ADCCAC Regulations 2013— Roles and...

This Practice Note examines ad hoc arbitration in China within the framework of Chinese law. China International Commercial Court. For a broader overview of ad hoc arbitration, see Practice Note: Ad hoc arbitration—an introduction to the key features of ad hoc arbitration. Requirement to provide an administering institution Arbitration in China falls under the Arbitration Law (promulgated by the Standing Committee of the National People’s Congress on 31 August 1994, effective from 1 September 1995, and amended in 2009, 2017 and 2025) (the Arbitration Law). Article 16 of the Arbitration Law mandates that parties to an arbitration agreement designate an institution in their agreement to administer the proceedings. This has been read as invalidating awards rendered in ad hoc arbitrations—i.e., proceedings conducted without institutional administration. Note that Chinese courts do not recognise precedent, and therefore there is no binding case law on this issue....

The AAA Commercial Arbitration Rules and Mediation Procedures, including the Procedures for Large, Complex Commercial Disputes (collectively, the Commercial Rules or AAA Commercial Rules), were updated with effect from 1 September 2022. A Fee Schedule applies to arbitrations conducted under the AAA Commercial Rules (effective 1 May 2018). This Practice Note reflects the revised AAA Commercial Rules. For an introduction to the AAA and the Commercial Rules, see Practice Note: AAA Commercial Rules. Note: each Commercial Rule bears a letter prefix (eg ‘ R’ or ‘ L’). The relevant letters/numbers are indicated below... Administrative/institutional fees Parties bringing claims or counterclaims must elect one of two fee schedules: the ‘ Standard Fee Schedule’ or the ‘ Flexible Fee Schedule’. Under the Standard option, there are two payment points; the Flexible option involves three. If the arbitration proceeds to conclusion, the overall fees payable under either choice are the...

The AAA Commercial Arbitration Rules and Mediation Procedures, including the Procedures for Large, Complex Commercial Disputes (collectively, the Commercial Rules or the AAA Commercial Rules), were updated with effect from 1 September 2022. A Fee Schedule applies to arbitrations under the Commercial Rules (effective 1 May 2018). This Practice Note reflects the revised Commercial Rules. For an introduction to the AAA and the Commercial Rules, see Practice Note: AAA Commercial Rules. Note: each Commercial Rule is prefixed by a letter, eg ‘ R’ or ‘ L’. Relevant rule letters/numbers are identified below. Roles of the parties and the institution in arbitrator selection Where the parties’ agreement names the arbitrator(s) or sets out a procedure for appointment, that designation or procedure will be observed ( R.14(a)). If any party does not make the required appointment, the AAA will proceed to...

This Practice Note has been assessed against the new Arbitration Act 2025 and remains aligned with it. Grounds for challenging jurisdiction by non–participation— AA 1996, s 72 Under section 72 of the Arbitration Act 1996 ( AA 1996), a party that does not engage in the arbitral process may dispute the existence of a valid arbitration agreement, the proper composition of the tribunal, or the scope of the issues referred to arbitration under the agreement, ie questions of substantive jurisdiction ( AA 1996, s 30(1)). Such objections are brought before the English court seeking a declaration, an injunction, or other suitable relief. Section 72 AA 1996 is mandatory, so the parties cannot exclude it by agreement ( AA 1996, Sch 1). The availability of this right to non-participants has consequences for those seeking pre-award judicial determinations on jurisdiction......

The legal framework applicable to arbitration in Portugal has undergone a complete change since 2011 Portugal’s arbitration regime has been thoroughly overhauled since 2011. Law no. 63/2011 of 14 December 2011 ( PAL) took effect on 14 March 2012, repealing Law no. 31/86 of 29 August 1986 ( Old PAL). Even before this, the Portuguese system governing the enforcement of arbitral awards—domestic and international—had already undergone significant adjustments. In the Old PAL, the enforcement rules were reduced to only two concise sentences: Article 30 conferred competence on the ‘ Courts of Enforcement’ ( First Instance) to handle enforcement procedures. Article 31 stated that a debtor who had not brought a timely set-aside action could still oppose later enforcement by invoking any ground available in the annulment process. Despite the brevity of articles 30 and 31 of the Old PAL, articles 814 and 815 of the...

This Practice Note addresses arbitration solely under the CIETAC Arbitration Rules 2024 ( CIETAC Rules). As a general rule, those Rules govern arbitrations accepted by CIETAC on or after 1 January 2024, or where the parties have agreed to adopt the 2024 Rules ( CIETAC, art 88). The 2015 rules continue to apply to any arbitrations accepted by CIETAC between 1 January 2015 and 31 December 2023. This Practice Note applies to international or foreign related disputes, as well as matters connected with Hong Kong SAR, Macao SAR or the Taiwan region ( CIETAC, art 3.2). CIETAC has distinct provisions for summary arbitration—see Practice Note: CIETAC (2024)—summary procedure (and early dismissal)—and for domestic arbitration; these are not addressed in this Practice Note. There are also separate provisions for cases administered by the CIETAC Hong Kong Arbitration Centre, which are not covered...

Further guidance on investment treaty arbitration is also available in our subtopic: Investment treaty arbitration—overview. While this Practice Note includes links to selected News Analysis and other news items, additional news and the latest case content can be found in the News pod within the ICSID arbitration and Investment treaty arbitration subtopics... What is ICSID? Founded in 1966, ICSID is the sole multilateral body with a specific mandate to facilitate the peaceful settlement of international investment disputes arising from treaty obligations, contracts and investment laws. By being available to investors and states, it promotes international investment by building confidence in the chosen dispute resolution process. It also covers state‑to‑state disputes under investment treaties and free trade agreements, and acts as an administrative registry. ICSID is among the organisations most frequently designated in bilateral ( BIT) and multilateral ( MIT) investment protection treaties, alongside the...

ARCHIVED This Practice Note has been archived and is not maintained. This Practice Note compiles the particulars of notable awards and determinations delivered by tribunals in investment treaty arbitration matters, chiefly those administered by the International Centre for the Settlement of Investment Disputes ( ICSID). It additionally encompasses pertinent awards and determinations in cases conducted under the United Nations Commission on International Trade Law ( UNCITRAL) Arbitration Rules and run by other arbitral bodies, including the Arbitration Institute of the Stockholm Chamber of Commerce ( SCC), the Permanent Court of Arbitration ( PCA) and the International Court of Arbitration of the International Chamber of Commerce ( ICC). Although investment treaty arbitration does not operate a recognised doctrine of precedent, earlier decisions are frequently relied upon by parties during proceedings and considered by arbitral tribunals in their rulings. This Practice Note only includes awards and...

ARCHIVED: This Practice Note is archived and is not maintained. More recent versions of the WADA Code are available on the WADA website. Purpose of the WADA Code The World Anti- Doping Code (the Code) applies to every sport and harmonises anti-doping regulation across sport. The Code sets out a framework for anti-doping policies, rules and regulations for sports organisations and public authorities. Key features of the Code adoption of the Code by the Olympic Movement is required (see Practice Note: Sports arbitration—an introduction) only sports that adopt and implement the Code can be included in the programme of the Olympic Games members of professional leagues and sports organisations outside the Olympic Movement must follow the Code when participating in events or tournaments run by organisations that have implemented the Code The Code was significantly revised following resolutions passed by the World Anti- Doping Agency in...

Contract ( Right of Third Parties) Act 1999 and arbitration This Practice Note examines the effect of the Contract ( Right of Third Parties) Act 1999 ( C( RTP) A 1999) on arbitration, in particular, and more generally, with emphasis on the settled rule that only signatories to an arbitration agreement can be bound, take part in the proceedings, and be subject to any arbitral award. It also addresses the conditional benefit principle. The Note surveys the leading authorities Nisshin Shipping Co Ltd v Cleaves and Fortress Value Recovery Fund v Blue Sky Special Opportunities Fund. The subject is also described as privity of contract in international arbitration, the interaction between C( RTP) A 1999 and arbitration, and third parties and arbitration. Under English common law, the orthodox privity doctrine provides, broadly, that only those party to a contract have rights under it and only those...

This Practice Note examines whether arbitral tribunals may strike out, summarily dismiss, or swiftly determine claims or defences in arbitrations under English and Welsh law (using ‘ English’ and ‘ England’ as shorthand). It looks principally at section 39A of the Arbitration Act 1996 ( AA 1996), inserted by the Arbitration Act 2025, which empowers a tribunal to dispose of a claim, defence, or issue on a summary basis where there is no real prospect of success. It also considers AA 1996 s 41, which provides powers in cases of inordinate and inexcusable delay/want of prosecution, and where a party fails to attend an oral hearing or to make written submissions, alongside comparable provisions in the rules of certain international arbitral institutions... AA 1996—early dismissal of claims Under English law, tribunals now hold an express statutory power to make a summary award if, on a...

To begin an arbitration under the Arbitration Act 1996 ( AA 1996), unless the parties have agreed a different approach, the usual step is for the claimant to serve a notice of arbitration (the Notice) on the respondent, calling for the appointment of, or agreement to appoint, the tribunal; see Practice Note: AA 1996—starting an arbitration. What to consider on receipt of the notice of arbitration Upon receiving the Notice, AA 1996 requires only that the respondent engage in constituting the tribunal. In practice, however, as soon as a Notice is received, the respondent (or its advisers) should check: that any applicable limitation periods have been met (or this may provide a defence) whether the Notice identifies the correct person or entity whether the Notice was served on the correct person or entity (noting that service by any effective means is...