To mark its 100th anniversary, the Chartered Institute of Arbitrators has announced that it will publish what it has called the ‘CIarb Centenary London Conference Principles’, designed to lay down the characteristics of an effective and efficient Seat for the conduct of International Commercial Arbitration.
The Principles, in summary, are as follows:
Law
A clear effective, modern international arbitration law which recognises and respects the parties’ choice of arbitration as the method for settlement of disputes.
Judiciary
An independent Judiciary, experienced in International Commercial Arbitration and respectful of the parties’ choice of arbitration as their method for settlement of disputes.
Legal Expertise
A legal profession experienced in International Commercial Arbitration and International Dispute Resolution.
Education
A commitment to the education of counsel, arbitrators, the judiciary, experts, users and students of the character and autonomy of International Commercial Arbitration.
Right of Representation
A clear right for parties to be represented at arbitration by party representatives of their choice.
Accessibility and Safety
Easy accessibility to the Seat, free from unreasonable constraints on entry for parties, witnesses, and counsel in International Commercial Arbitration.
Facilities
Functional facilities for the provision of services to International Commercial Arbitration proceedings.
Ethics
Professional and other norms which embrace a diversity of legal and cultural traditions.
Enforceability
Adherence to international treaties and agreements governing and impacting the ready recognition and enforcement of foreign arbitration agreements, orders and awards.
Immunity
A clear right to arbitrator immunity from civil liability for anything done or omitted to be done by the arbitrator in good faith in his or her capacity as an arbitrator.