INTERNATIONAL ARBITRATION

• Jurisdiction: United States

International Resources Law and Projects
(Apr 1999)
CHAPTER 10B
INTERNATIONAL ARBITRATION
Harry L. Arkin
Arkin & Associates, P.C.
Denver, Colorado, USA

Complements of:

Harry L. Arkin, J.D., FCIArb

ATTORNEY AND COUNSELOR AT LAW

ARBITRATOR/MEDIATOR

SUITE 2750, LINCOLN CENTER

1660 LINCOLN STREET

DENVER, COLORADO 80264 (U.S.A.)

TELEPHONE: (303) 863-8400

FAX: (303) 832-4703

VERULAM CHAMBERS

PEER HOUSE

8-14 VERULAM STREET

LONDON WCIX 8LZ

TELEPHONE: 071 813-2400

FAX: 071-405-3870

[by appointment via Denver Office]

COMPARISON OF SELECTED INTERNATIONAL ARBITRATION RULES ^*

UNCITRAL	ICC	IACAC	LCIA	AAA-IR	NATDRC
Scope of Application	Art. 1.1: Agreement in writing; Disputes in relation to that contract; subject to written modification by parties	Art 1(1): Business disputes of: (i) an international character, or (ii) not of an international character if so provided in an arbitration agreement	Art 1.1: See UNCITRAL Art. 1.1	Preamble: any agreement, submission or reference providing for arbitration under these rules	Art. 1.1: Agreement in writing (i) to arbitrate disputes under these rules, or (ii) providing for arbitration by AAA without designating particular rules; rules in place at time of commencement of arbitration; subject to written modifications by the parties	Art. 1.1: Agreement in writing for these rules to apply
Art. 1.2: Applicable law not subject to derogation will prevail in the event of a dispute	Art 1.2: See UNCITRAL Art. 1.2	Art. 1.2: Applicable law not subject to derogation will prevail in the event of a conflict with these rules	Art. 1.2: These rules shall govern except where in conflict with law applicable to the arbitration from which the parties cannot depart
Art. 1.3: These rules specify the duties of the administrator. The administrator may provide services through its own facilities or through the facilities of arbitral institutions with whom it has agreements of cooperation	Art. 1.3: Arbitrations under these rules shall be administered by NATDRC or its designee

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Notice; Calculation of Time	Art. 2.1: Notices are deemed received when physically delivered to the addressee, or if delivered to the: habitual residence, place of business or mailing address; or, if none of these is found, then to the last-known residence or place of business;	Art. 3(2): Notices from the Secretariat and the Arbitral Tribunal are to be delivered against receipt or forwarded by registered post, courier, facsimile, telex, telegram or any other means of telecommunications providing for a record of sending it, to the address or last known address of the addressee	Art 2.1: See UNCITRAL Art. 2.1	Art. 4.1: Notices and other required communications are to be delivered by registered postal or courier service or transmitted by facsimile, telex, e-mail, or any other means of telecommunications that provide a record of its transmission	Art. 18.1: Unless otherwise agreed by the parties or ordered by the tribunal, notices and other communications may be served by air mail or air courier, facsimile, telex, telegram, or other written forms of electronic communication to the party's last known address or by personal service;	Art. 2.1: Any notice, or other communication deemed received if physically delivered to addressee or if it is mailed via certified or registered mail to addressee's habitual residence, place of business or mailing address, or if none of these is found, to last known residence or place of business; notice deemed received on day delivered
Notice is deemed delivered on the day delivered	Art. 3(3): Notices are deemed effected on the day received, or the day they should have been received if made per Art. 3(2)	Art. 2.2: See UNCITRAL Art. 2.2	Art. 4.2: A party's last known address or place of business during arbitration is valid for notices and communications unless notified otherwise	Art. 18.2: A time period begins to run on the day following the day it is received; if the last day is an official holiday, the period is extended to the first business day which follows; official holidays during the time period are included in the calculation	Art. 2.2: Time periods begin to run on the day following the day of receipt; if the last day is an official holiday or non-business day at such place, the period is extended until the first business day which follows; official holidays or non-business days during the running of the period are included; extensions of time may be granted for good cause
Art 2.2: A time period begins to run on the day following the day it is received; if the last day is an official holiday or non-business day, the period is extended to the first business day which follows; official holidays and non-business days during the time period are included in the calculation	Art. 3(4): Time periods start on the day following the date it is deemed effected per Art. 3(3); if such first day is an official holiday or non-business day, the period of time starts on the first following working day; official holidays and non-business days are included in the calculation; if the last day is an official holiday or non-business day, the time period expires at the end of the next following working day	Art 4.3: To determine the date of commencement of a time period, notices and communications are treated as received on day delivered or, for telecommunications, transmitted per Art. 4.1 and 4.2
Art. 4.4: To determine compliance with a time limit, a notice or communication is treated as having been sent if dispatched per Art. 4.1 and 4.2 prior to or on the date of expiration

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Notice of Arbitration	Art. 3.1: Claimant shall give the other party notice of arbitration	Art. 4(1): Submit Request for Arbitration to Secretariat of the Court;	Art. 3.1: See UNCITRAL Art. 3.1	Art.1: Claimant shall send a written request for arbitration (the "Request") to the Registrar of the Court (the "Registrar"); the Request shall include: (a) names, addresses, telephone, facsimile, telex and e-mail numbers (if known) of the parties; (b) copies of the arbitration agreement and contractual documents; (c) a brief statement as to the nature and circumstances of the dispute, and the claims advanced; (d) a statement of any matters (such as the place or language of arbitration, number of arbitrators, or qualifications or identity of arbitrators) on which the parties already have agreed, or with which the Claimant wishes to make a proposal; (e) the Claimant's nominee for an arbitrator if the arbitration agreement so allows; (f) the required fee; and (g) confirm that copies have been sent to the other parties	Art. 2.1: Claimant shall give written notice to the administrator and to the party-respondent	Art. 3.1: A Claimant shall give written notice of Arbitration to the Respondent
Art. 3.2: Arbitral proceeding is deemed to commence on date on which notice is received	Art. 4(2): The date received by the Secretariat is deemed the date of commencement of the arbitral proceedings	Art. 3.2: See UNCITRAL Art. 3.2	Art. 2.2: Arbitral proceedings are deemed to commence on the date on which notice is received by the administrator	Art. 3.2: Arbitral proceedings shall be deemed to commence on the date Notice of Arbitration is received by NATDRC certified as having been sent to the Respondent per these rules
Art. 3.3: Notice to include: (a) demand for arbitration; (b) names and address of the parties; (c) reference to the arbitration clause; (d) reference to the contract; (e) general nature of the claim and an indication of the amount involved; (f) relief or remedy sought; (g) proposal as to number of arbitrators	Art. 4(3): The Request is to contain, inter alia, (a) names, description and addresses of the parties, (b) description of the nature and circumstances of the dispute, (c) statement of the relief sought, (d) relevant agreements, including the arbitration agreement, (e) all relevant particulars concerning the arbitrators, and any required nomination of an arbitrator, (f) comments as to place of arbitration, applicable rules of law and language	Art. 3.3: See UNCITRAL Art. 3.3	Art. 2.3: The notice of arbitration shall include: a demand that the dispute be referred to arbitration, the names and addresses of the parties, a reference to the arbitration clause or agreement, a reference to any contract out of or in relation to which the dispute arises, a description of the claim and an indication of the facts supporting it; the relief sought and the amount claimed and may include proposals as to the number of arbitrators, the place of arbitration and the language(s) of the arbitration	Art. 3.3(a): The Notice of Arbitration shall include: (i) a demand for arbitration, (ii) names and addresses of the parties, (iii) reference to the arbitration clause or arbitration agreement being invoked, (iv) reference to the contract or agreement involved, (v) general nature of the claim, a summary of the facts, and amount involved, (vi) relief or remedy sought, (vii) a proposal as to the number of arbitrators if not previously agreed upon, (viii) the place, for arbitration, (ix) the language
Art. 3.4: Notice may also include: (a) proposal for appointment of a sole arbitrator and an appointing authority, (b) notification of the appointment of an arbitrator, and (c) the statement of claim	Art. 4(4): Submit required number of copies and the advance payment; failing this the Secretariat may fix a time limit for such compliance, failing which the file will be closed without prejudice	Art. 3.4: See UNCITRAL Art. 3.4
Representation and Assistance	Art. 4: The parties may be represented or assisted by persons of their choice; the names and addresses of such persons must be communicated in writing to the other party; must specify whether the appointment is for representation or

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