Towards the Harmonization of International Arbitration Rules: Comparative Analysis of the Rules of the ICC, AAA, LCIA and CIETAC

Abstract

OVER THE past 20 years, the well-established arbitral institutions worldwide have all experienced significant growth in their activity. This growth has brought with it new challenges which each institution has had to address in its own way. In many instances, this experience has brought to light improvements which could be made in each institution's arbitration rules in order to achieve better and more effective administration of justice. The major arbitral institutions have responded well to this challenge, adapting their rules to suit the ever-evolving needs of international commerce. For example, the International Chamber of Commerce (the ICC), the American Arbitration Association (the AAA), the London Court of International Arbitration (the LCIA) and the China International Economic and Trade Arbitration Commission (CIETAC) have each amended their arbitration rules within the last three years.1 Given that the requirements of businesses – and thus potential litigants – are the same the world over, it is perhaps unsurprising that, with each successive modification, the arbitration rules of each of these institutions have become increasingly harmonized. Paradoxically, the steady harmonization of these institutional rules has not done away wim the need to consider which of them to adopt in a particular contract. Although the rules of the above institutions are now broadly similar, important differences remain. Parties must still consider whether, in light of their particular needs, one institution offers more suitable services than another. The recent amendments to the rules of the ICC, the AAA, the LCIA and CIETAC could be broadly characterized as having the following objectives: (i) promoting the effective institutional oversight of the arbitration; (ii) accelerating arbitral proceedings; (iii) emphasizing the autonomy of the parties; and (iv) recognizing the transnational character of international arbitration. The major developments with respect to each of these objectives are discussed in turn infra. Where …