CMS Appendix 2 – Link to Comparative Table

Argentina

National Code of Civil Procedure (Código Procesal Civil y Comercial de la Nación, Chapter 6)

Yes

In writing, including written confirmation of acceptance prior to the commencement of the arbitration proceedings (in the form of a "Compromiso Arbitral")

If one of the parties to a valid arbitration agreement refuses to execute the Compromiso Arbitral, the other party can request the State Courts do so on behalf of the defaulting party

No express provision

In institutional arbitration proceedings, arbitrators' fees are determined in accordance with the institution's rules. In ad hoc arbitration proceedings, the fees of the tribunal will be determined by an agreement between the parties and the arbitrator(s) or by the courts

Yes

The arbitral proceedings start with the filing of a claim with the arbitral tribunal (once constituted)

No statutory requirement, but common to hold an oral hearing in practice. The parties have a statutory right to a hearing in accordance with the law if so requested

The parties are free to choose the law governing their dispute. In the absence of an express choice, the arbitral tribunal will choose the applicable law by reference to the relevant conflict of laws rules

Contractual interest only

By majority unless otherwise agreed by the parties

In writing, dated and signed by the arbitrators

Yes

Unless otherwise agreed by the parties, the award of costs lies in the discretion of the arbitrators; no express provision in the National Code of Civil Procedure

Tribunal may, at request of a party, correct clerical, computational, typographical and other similar errors

Either party may request an additional award if the arbitral tribunal failed to make an award on any claim presented in the arbitral proceedings

No statutory provision but yes in practice

Upon application of a party

Yes, upon application by the parties

The court can also enforce interim measures granted by the arbitral tribunal

Challenge possible on the following grounds: a party was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings, or was otherwise unable to present its case; the award was granted after the deadline fixed in the Compromiso Arbitral; the award contains decisions on matters beyond the scope of the Compromiso Arbitral; the party which concluded the arbitration agreement did not have legal capacity; the arbitration agreement is not valid under the law which the parties have chosen, or failing any indication thereon, under Argentine law; the subject matter of the dispute is not capable of settlement by arbitration under Argentinean law; or the award is in conflict with the rules of Argentine public policy.

Arbitral awards can be appealed by the parties unless the arbitration was conducted on an ex aequo et bono basis or the parties waived their right to appeal. If the right of appeal has not been waived, the award may be appealed on the same grounds as court judgments

No leave for enforcement required

With leave for enforcement of Court of First Instance (exequatur); pursuant to New York Convention

National Code of Civil Procedure: Articles 330-498

Court which would have had jurisdiction in absence of arbitration agreement

Subject to arbitration agreement; no statutory provision

No statutory provision

Austria

Code of Civil Procedure (Zivilprozessordnung – ZPO) 1895 (“CCP”), now amended by Schiedsrechts-Änderungsgesetz 2006, Section 4, Articles 577-618

Yes

In writing or be contained in letters, telex, e-mails or any other means of communication which constitutes a record of the agreement and is exchanged by the parties

Three

Pursuant to agreement between parties and arbitrator; in institutional arbitrations determined

by institution; according to Section 609 CCP the tribunal decides on the reimbursement and the amount of reimbursement of costs in the form of an award

Yes

Yes; after having heard the other party, the tribunal may order such preliminary or protective measures against the other party as it considers necessary (Section 593(1) CCP); the precondition for this is that without the measure either the enforcement of a claim would be frustrated or materially hampered or if there is risk of irrecoverable damage; the issue of ex parte measures is not allowed

No particular statutory provision. Nevertheless, when the respondent receives the claimant's request to appoint an arbitrator, the arbitration commences as a general rule

No statutory requirement. Proceedings may be conducted in writing. Tribunal holds oral hearing on own initiative or at request of a party.

Statutory right to present case must, however, be observed

Substantive law chosen by parties or determined by tribunal on basis of conflict of law rules

Upon application of a party, contractual or legal interest

By absolute majority of votes unless otherwise agreed by the parties

In writing, stating seat of arbitration and date of award and signed by at least the majority of arbitrators

Yes; unless parties have agreed to dispense with reasons or agreed award

No special statutory provision; unless otherwise agreed by the parties, award of costs in the discretion of the arbitrators

Tribunal may on own initiative or at request of a party correct clerical, computational, typographical, or other similar errors, or, at the request of a party, give an interpretation of specific parts of the award or make an additional award as to claims asserted in the proceedings but not decided by the arbitral award

Stay must be granted if arbitration agreement valid and dispute is within the scope of agreement and arbitrable

Upon application of a party if arbitral tribunal not yet properly constituted [or the tribunal does not reach absolute majority of votes, if arbitration award is set aside]

Austrian courts remain competent to grant interim measures of protection regardless of the fact that the parties have entered into an arbitration agreement

Challenge possible on grounds of: non-existing or invalid arbitration agreement; tribunal denying jurisdiction even though a valid agreement exists; incapacity of a party to conclude the arbitration agreement; failure to give party proper notice of proceedings or of appointment of arbitrators; award dealing with or deciding issues beyond the scope of the arbitration agreement; constitution or composition of the tribunal not in accordance with provisions of law or agreement; proceedings violating public policy; matter in dispute not arbitrable under domestic law; the award violates Austrian public policy

No leave for enforcement required; on request of party the chairman of tribunal confirms in writing on his copy that award has become final and enforceable

Prior to enforcement in Austria, the foreign award must be declared enforceable in Austria (Section 79(1) Enforcement Act); in addition, New York Convention applies to Convention awards

CCP Sections 577-617; general provisions of the CCP and the Act on non-litigious matters (Außerstreitgesetz)

Regional court chosen in arbitration agreement; in absence of agreement, regional court at seat of arbitration; if seat not stipulated in arbitration agreement or determinable the Vienna Commercial Court has jurisdiction

Subject to arbitration agreement; statutory provisions only concern the appointment of arbitrators in case of failure by the parties (Sections 587(5) and (6) CCP)

No special statutory provision but both principles prevail

Belgium

Articles 1676-1723 of the Judicial Code/Gerechtijk Wetboek 1972 as amended by the Acts of 27 March 1985 and of 19 May 1998

Many provisions are based on the UNCITRAL Model Law

Yes

An arbitration agreement shall be in writing and signed by the parties or contained in documents evidencing their intention to refer their dispute to arbitration (this rule is however ad probationem and not ad validatem)

Three

Pursuant to agreement between parties and arbitrator; in institutional arbitrations determined by institution; otherwise arbitrator has implied power to apportion fees and expenses in his award; no express provision in Judicial Code

Yes

Yes (except attachment of goods); court applications for interim measures are also allowed pursuant to Article 1679.2 Judicial Code

When written notice of dispute referring to arbitration agreement served on other party. Notice must also appoint arbitrator or be copied to appointing authority

Unless otherwise agreed by the parties, tribunal decides after oral hearing

Substantive law chosen by parties or determined by tribunal on the basis of conflict of law rules

Upon application of a party, contractual or legal interest

By majority unless otherwise agreed by the parties; parties may agree to give chairman casting vote if no majority

In writing, signed by the arbitrators, stating names and addresses of the arbitrators and parties, subject of the dispute, date of award, seat of arbitration and place where award is made

Yes

Unless otherwise agreed by the parties, award of costs in the discretion of the arbitrators; no express provision in Judicial Code

Court proceedings must be rejected as inadmissible if arbitration agreement valid and dispute is within scope of agreement

Upon application of a party

Challenge possible on grounds of: public policy; non-arbitrability of the dispute; invalid arbitration agreement; lack of jurisdiction; failure of the tribunal to rule on issues in dispute; irregularity in the constitution of the tribunal; failure to observe mandatory procedural rules; failure to comply with formalities relating to the form and content of the award; right to challenge award can be excluded in international arbitrations not involving Belgian parties or parties without connection to Belgium; appeal only by agreement of the parties

With leave of President of Court of First Instance

With leave of President of Court of First Instance; in addition, New York Convention applies to Convention awards

Articles 1676-1723 of the Judicial Code/Gerechtlijk Wetboek 1972

Court chosen in arbitration agreement; in absence of agreement, court at seat of arbitration; if seat not determined in arbitration agreement, court which would have jurisdiction in absence of arbitration agreement

Article 1696bis makes express provision for intervention or joinder of third parties but requires arbitration agreement between third party and original parties and unanimous consent of arbitrators

No statutory provision

Bosnia

Articles 434-453 of the 2003 Civil Procedure Act of the Federation of Bosnia and Herzegovina, and the 2003 Civil Procedure Act of the Republic of Srpska; and Articles 380-399 of the 2003 Civil Procedure Act of the Brčko District

Yes

In writing, also when an arbitration agreement is either contained in documents signed by the parties or concluded by an exchange of messages through means of communication which provide a written record of the parties' agreement

Three

No statutory provision

By majority unless otherwise agreed by the parties

In writing, signed by all arbitrators (or with a note explaining who refused to sign and why), containing a statement of reasons unless the parties agreed to dispense with reasons or the award is an agreed award

Yes, unless parties have agreed to dispense with reasons or agreed award

No statutory provision

Upon the application of the respondent, a court before which an action is brought in a matter which is the subject of an arbitration agreement, shall dismiss the action for lack of jurisdiction. This application may be submitted not later than in the respondent's defence to the claim

No statutory provision

Challenge possible on grounds of: invalidity or inexistence of the arbitration agreement; constitution of the tribunal or award not made in accordance with law; if original award or its copies have not been signed in a manner that is prescribed in Article 447 Paragraph 2 CPA; exceeding the powers conferred on the arbitral tribunal under the arbitration agreement; incomprehensive statement of reasons in the award or if the statement of reasons is contrary to the award itself; the arbitral award is contrary to the Constitution of Bosnia and Herzegovina or to the Constitutions of the entities making up Bosnia and Herzegovina; reasons exist for re-hearing the dispute under Article 255 CPA

Upon a request of a party; the court, which would have had jurisdiction over the dispute in the absence of an arbitration agreement shall give leave for enforcement upon being provided with a copy of the arbitral award

Prior to enforcement, the foreign award must be recognised;
New York Convention applies

2003 Civil Procedure Act of the Federation of Bosnia and Herzegovina, 2003 Civil Procedure Act of the Republic of Srpska; 2003 Civil Procedure Act of the Brčko District, 1982 Conflict of Laws Act

Court which would have had jurisdiction over the dispute in the absence of an arbitration; the territorial jurisdiction for recognition and enforcement of foreign arbitral awards belongs to the court in whose territory enforcement is sought

No statutory provision

Brazil

Arbitration Act 9.307/1996

Yes

In writing

No statutory provision

Pursuant to agreement between parties and arbitrator, in institutional arbitrations determined by institution; no express provision in Arbitration Act

Yes

When the appointment is accepted by the sole arbitrator or by the arbitrators, if several

No statutory requirement. The tribunal holds an oral hearing on own initiative or at request of a party

Substantive law chosen by parties. If the parties fail to determine the applicable law, it shall be determined by the Arbitral Tribunal

Upon application of a party, contractual or legal interest.

By majority. Failing majority consent, the opinion of the President shall prevail.

In writing, signed by the arbitrators, stating the names of the parties and the arbitrators and the grounds for the decision, due analysis of factual and legal issues, including, if applicable, a statement of the decision in equity.

Yes

Unless otherwise agreed by the parties, award of costs in the discretion of the arbitrators. In institutional arbitrations, pursuant to applicable rules.

Tribunal may correct any material error in the award; clarify any obscurity, doubt or contradiction of the arbitral award; or decide on an omitted issue that should have been decided.

The court before which an action is brought in a matter which is subject to an arbitration agreement must dismiss the claim upon the request of one of the parties.

The court has no jurisdiction to determine the validity of the arbitration agreement before dismissing the claim, unless the arbitration agreement is clearly null, invalid or ineffective

If the arbitral tribunal has jurisdiction, the parties may not appeal to a national court on this matter, except when challenging the award.

However, if the lack of jurisdiction of the arbitral tribunal, or the nullity, invalidity or ineffectiveness of the arbitration agreement is confirmed, the parties shall resolve the dispute in court proceedings

Upon application of a party at any time prior to the constitution of the tribunal and, if granted, may be reviewed by the arbitral tribunal, upon its constitution.

Once fully constituted, the arbitral tribunal has the power to issue interim measures, unless otherwise agreed by the parties

Challenge possible on grounds of: invalid arbitration agreement; award rendered by an arbitrator who could not be appointed; non-inclusion of formal requirements; award given in relation to matters beyond the jurisdiction of the arbitral tribunal; the tribunal has not decided one or several matters; award rendered on the basis of corruption; non-compliance with time limits; violation of basic principles

No appeal is possible

No leave for enforcement required

Foreign arbitral awards are recognised and enforced in Brazil in accordance with international treaties effective under Brazilian law, or (if no applicable treaty exists) in accordance with the Marco Maciel Law.

Foreign arbitral awards are subject only to the approval of the Superior Court of Justice and, having been so approved, shall be enforced by a lower level judge of the Federal Court. Double approval or recognition is no longer required in these circumstances.

The recognition or enforcement of a foreign arbitral award can be denied under the Arbitration Act for specific reasons that have to be proved by the party against whom the award was rendered

General procedural rules of the Civil Procedural Code.

Depending on circumstances, court at place of arbitration; court which would have jurisdiction in the absence of arbitration agreement; court at place where procedural step in support of arbitral proceedings to be taken; or court at seat or residence of applicant or respondent.

No statutory provision

Bulgaria

The International Commercial Arbitration Act 1988

Yes

In writing (signed by the parties for example, a letter, telex, telegram or any other means of communication)

Three

No express provision in the Act. Fees are negotiated between the parties and the arbitrators prior to the appointment of the latter in accordance with the procedural rules of any arbitral institution agreed by the parties, if applicable

Yes

Yes, if not agreed otherwise

In ad hoc arbitration, when the defendant receives the claimant's request to refer their dispute to arbitration; in institutional arbitration, on the date that the claim is filed at the offices of the arbitral institution

As agreed by the parties, otherwise, the tribunal determines the appropriate procedure and decides whether an oral hearing is necessary

Substantive law chosen by parties or, if no choice was made, determined by tribunal on basis of the conflict of law rules

No express provision in the Act; contractual right only, in determining the amount the applicable substantive law applies

By majority, unless the parties have agreed otherwise. If no majority exists, the presiding arbitrator shall approve the award

In writing, signed by the arbitrators; must contain the date and the place of arbitration

Yes, unless the parties have agreed otherwise

No express provisions in the Act; the power of the arbitrators to award costs derives from the arbitration agreement, if not stipulated in the agreement, the rules of procedure of the institutional arbitration tribunal selected apply (usually, the losing party pays reasonable costs of the arbitration)

The tribunal may rectify (upon request of a party or of its own motion), interpret an award (upon request of a party) or make an additional award (upon request of a party)

Court must stay proceedings upon request of a party unless the arbitration agreement is invalid and unenforceable

No, also the arbitration tribunal's ruling on its jurisdiction may not be appealed before a national court

By the arbitral tribunal if not otherwise agreed by parties. In each case, the national courts have the power to order interim protective measures

Challenge possible on grounds of lack of: legal capacity; arbitration agreement being void; subject matter not capable of being settled by arbitration; improper notice of the proceedings; dispute falls outside the arbitration agreement; and the constitution of the Tribunal or the arbitration procedure not conforming with the parties' agreement

The Sofia City Court must issue a writ of execution of an arbitration award which has entered into force

Pursuant to New York Convention, other international conventions may also apply

Bulgarian Civil Procedural Code and the International Private Law Code.

Depending on circumstances, the Sofia City Court or the courts that would have been competent if there had been no arbitration agreement

Subject to arbitration agreement; no statutory provision.

Parties can chose to have the proceedings conducted in private as there is no requirement for a public hearing.

Chile

Chilean International Commercial Arbitration Act (Law No. 19,971) (enacted in September 2004)

Yes

In writing

Three for international arbitration, one for domestic arbitration

Pursuant to agreement between parties and arbitrator in ad hoc arbitration proceedings; in institutional arbitrations determined by fee schedules of institution.

Yes

Yes. In general, before the arbitration is commenced, national courts will have the power to grant interim measures or conservatory relief. After the arbitral tribunal is set up, interim measures shall be granted by the arbitrator and in appropriate circumstances by national courts

For international arbitration, when the other party receives the request to refer the dispute to arbitration.

For domestic arbitration, there are no legal provisions regarding the commencement of an arbitration procedure. The general rule applicable to a proceeding before regular courts is that it commences with the legal serving of the claim

In international arbitration, unless otherwise agreed by the parties an oral hearing shall be held at the request of either party, absent of such agreement the tribunal decides.

No specific provision in domestic arbitration, which is usually based on written submissions.

In international arbitration, substantive law chosen by parties or determined by tribunal if not determined by the parties.

In domestic arbitration, the arbitrators shall base their decision on Chilean law, unless the parties have authorised them to decide ex aequo et bono

Stubrin v. Morice S.A., decision rendered by the Supreme Court on 11 January 2007, adopting a pro-enforcement approach and exempting the parties from local formal requirements to enforce foreign awards.

Provimin Ltda v. Danfoss Nessie Water Hydraulics, 21 Juzgado Civil de Santiago, November 2, 2007, enforcing in limine an arbitral clause incorporated by reference

By majority unless otherwise agreed by the parties.

In writing and signed by arbitrators, stating grounds of the decision, date of award and place of arbitration.

Yes

The arbitrators have the power to order the defeated party to pay costs, provided that the arbitrators decide that such party did not have a reasonable cause to litigate.

In both national and international arbitration the parties may request the arbitrators to amend any calculation, copying or typological error or any similar mistake. Arbitrators are also entitled to proceed likewise ex officio. The parties may also ask for clarification of any point of the award.

Moreover, the parties to an international arbitration may ask the tribunal to issue an additional award in relation to claims filed in the arbitration pleadings that were not addressed in the award.

In principle, in the context of domestic arbitration, a national court should stay its proceedings in the face of a valid arbitration agreement. However, the lack of jurisdiction of the regular courts cannot be declared ex officio by the judge in domestic arbitration, i.e. it must be invoked by one of the parties.

The International Commercial Arbitration Act provides that where an action is brought in a matter which is subject to an arbitration agreement the court shall, if a party so requests no later than when submitting his first statement on the merits of the dispute, refer the parties to arbitration unless it finds that the agreement is null or void, inoperative or incapable of being performed

At the request of a party

Upon application of a party

In international arbitration, an arbitral award is subject to a recourse by one party before the competent Court of Appeals requesting that the award be set aside on the same grounds to deny enforcement under the New York Convention: lack of capacity of the parties to execute an arbitration agreement; lack of notice of the appointment of an arbitrator or of the arbitral proceedings or inability of a party to present his case; awards dealing with matters not covered by the submission to arbitration; composition of arbitral tribunal or conduct of arbitral proceedings contrary to the agreement of parties or the applicable legal provisions; and non-arbitrability of the subject matter of the dispute or violation of public policy, which would include serious departures from fundamental notions of procedural justice

The parties have the right to agree on the specific scope of review of the award from a complete review on the merits of the dispute to no review at all. However, (a) an award of an arbitrator at equity will generally not be subject to appeal; (b) an award of an arbitrator will always be subject to (i) a Recurso de Casación en la Forma if the decision awards more (or different) than requested in the respective claim or if certain basic procedural steps were not observed; and (ii) a Recurso de Queja if the arbitrator's decision is abusive

Pursuant to applicable treaties and conventions

General procedural rules of the Code of Civil Procedure; applicable provisions of the Chilean Courts Statute.

Supreme Court of Justice or Court of Appeals, depending on the purpose of application.

Subject to arbitration agreement; no statutory provision.

Chilean law does not include a general rule requiring arbitration proceedings to remain confidential, and there is no relevant case law in this matter. Therefore, confidentiality of arbitration depends on how the parties decide to handle the case. Nevertheless, the usual practice is that arbitrators will keep the arbitration procedure as well as the parties' argumentations and documents confidential.

China

Arbitration Law of the People's Republic of China of 31 August 1994

Yes

In writing

One or three as agreed by the parties. If no agreement, subject to the rules of the arbitration institution

No express provision in the PRC Statutory Law; as to arbitration fees, see below

Yes

No, the arbitration tribunal shall forward any application for interim measures to the competent PRC People's Court

When respondent receives written notice of the acceptance of the request for arbitration from the arbitration institution

Unless otherwise agreed by the parties, the arbitral tribunal shall decide after an oral hearing

Substantive law chosen by parties, if legally permitted, or determined by the arbitral tribunal on the basis of the conflict of laws rules

Upon application of a party, if interest provided in the contract; other interest only if held reasonable by the arbitral tribunal

By majority, or (absent a majority) by the presiding arbitrator

In writing, signed by the arbitrators and sealed by the arbitration commission, stating the arbitration claims, the matters in dispute, the grounds upon which an award is granted, the results, the responsibility, the date of the award, and the arbitration expenses; dissenting opinions may be recorded in writing

Yes

To be decided in the arbitration award; usually borne by the losing party; if responsibility is shared, the costs shall be apportioned accordingly

Yes, within 30 days typographical or calculation errors can be corrected and any issues omitted in the written award can be added

Court proceedings must be rejected as inadmissible if arbitration agreement valid and dispute is within scope of the arbitration agreement

Yes; however, if arbitral tribunal has decided on the validity of the arbitration agreement already, the court shall not accept an application to appeal against such a decision

Upon application of a party; arbitral tribunal forwards the application to the competent PRC People's Court; only preservation of property and preservation of evidence possible

Challenge possible if: the parties have neither included an arbitration clause in their contract nor subsequently concluded a written arbitration agreement; the party against whom the application for enforcement was made was not requested to appoint an arbitrator or to take part in the arbitration proceedings or the party was unable to state its opinions due to reasons for which it was not responsible; the composition of the arbitration tribunal or the arbitration procedure was not in conformity with the rules of arbitration; matters decided in the award exceed the scope of the arbitration agreement or are beyond the authority of the arbitration institution; or the People's Court determines that the enforcement of the said award would be contrary to public interests

Foreign related domestic awards: by the Intermediate People's Court at the place where the party subject to the enforcement has its domicile or where its property is located

Pursuant to New York Convention, provided that the arbitration award was made in the territory of another contracting state of the New York Convention

Civil Procedure Law of the People's Republic of China of 28 October 2007

Application for confirmation of the effectiveness of an arbitration agreement involving foreign interests shall be decided by the Intermediate People's Court at the place where the selected arbitration institution is located; if there is no clear agreement on the arbitration institution, at the place of conclusion of the arbitration agreement, at the domicile of the claimant or at the domicile of the respondent.

Subject to arbitration agreement; no statutory provision.

Hearings shall be conducted in private, unless otherwise agreed by the parties

Croatia

Arbitration Act 2001

Yes

In writing if it is contained in documents signed by the parties or in an exchange of letters, telex, faxes, telegrams or any other means of communication which constitutes a record of the agreement and is exchanged by the parties regardless of whether signed by the parties or not

Three

Parties shall be jointly and severally liable for payment of such fees and expenses unless the arbitrator waives those rights in writing. If an arbitrator has determined amount of expenses and fees, his decision does not bind the parties unless they accept it. If they do not accept it the amount shall be determined, upon request of an arbitrator or a party, by a competent court

Yes

Yes, unless otherwise agreed by the parties; upon request of one party the tribunal may order such measures against another party if it considers it to be necessary. If the latter does not give consent, the first party may submit an application to the competent court

Unless otherwise agreed by the parties, in the case of institutional arbitration when arbitral tribunal receives the claim whereas ad hoc proceedings commence when notification of appointment of arbitrator by the claimant or a proposal for appointing a sole arbitrator is served on the other party

At the request of a party unless excluded by agreement; otherwise tribunal decides whether there should be an oral hearing

Substantive law chosen by parties or law of state with which subject matter of proceedings is most closely connected

No statutory provision

By majority unless otherwise agreed by the parties. The president of the arbitral tribunal may make procedural orders independently unless otherwise agreed by the parties or arbitral tribunal

In writing, signed by arbitrators, stating seat of arbitration and date of award

Yes, unless parties have agreed to dispense with reasons or the award is an agreed award

Upon request of one party, arbitrators shall decide on costs at their discretion

Tribunal may on its own initiative or at request of a party correct clerical, computational, typographical, or other similar errors; or, at the request of a party, if agreed so, give an interpretation of specific parts of the award

Court must decline jurisdiction, annul all actions taken and reject the claim as inadmissible if proceedings brought in respect of a matter which has been referred to arbitration, unless arbitration agreement null and void, terminated or incapable of being performed

Upon application of respondent. If arbitral tribunal confirms its jurisdiction each party may address the issue before the competent court

Upon application of a party; such application shall not be considered as contrary to arbitration agreement

Party bringing the dispute before the tribunal may challenge award on grounds of: non-existing or invalid arbitration agreement; incapacity of party or if party not duly represented; lack of proper notice or other inability to present case; award dealing with or deciding issues beyond the scope of the arbitration agreement; constitution or composition of the tribunal not in accordance with provisions of law or agreement and as such could have effected the award; award not signed or reasoned. The court may set aside the award if it finds that the matter in dispute is not arbitrable under domestic law or if the award violates Croatian public policy

Enforceable unless court finds the matter in dispute is not arbitrable under domestic law or if the award violates Croatian public policy

Yes, unless court establishes, upon a request by the opposing party, existence of grounds upon which the award can be challenged; also the foreign award must be binding and must not have been set aside or suspended by a court of the country in which, or under law of which, that award was made; in addition, New York Convention applies to Convention awards

Governed by the Croatian Rules on non-litigious matters, except for applications to set aside awards which are dealt with under the Arbitration Act

Commercial courts shall be competent for matters falling under their jurisdiction whilst in other matters the County Court in Zagreb shall have jurisdiction

Subject to arbitration agreement; no statutory provision

Unless agreed otherwise by the parties, arbitration hearings are held in private

Czech Republic

Arbitration Act 1994 (Act No 216/1994 Coll); 1963 Civil Procedure Code (Act No 99/1963 Coll.)

Yes

In writing

Three

Pursuant to agreement between parties and arbitrator; in institutional arbitrations determined by institution; no express provision in Arbitration Act

Yes

When Statement of Claim lodged with arbitral tribunal in ad hoc proceedings or with permanent arbitration court in institutional proceedings

Unless otherwise agreed by the parties, tribunal decides after oral hearing

Substantive law chosen by parties or determined by tribunal on basis of conflict of law rules

Upon application of a party, contractual or legal interest

By majority

In writing signed by at least a majority of the arbitrators, unambiguous

Yes, unless parties have agreed to dispense with reasons

No express provision in Arbitration Act; arbitrators may make cost award in ad hoc arbitration if agreed by parties; in institutional arbitrations pursuant to applicable rules

Tribunal may upon application of a party correct clerical errors, errors of calculation, or other obvious errors in the award by issuing a decree of correction

Stay must be granted if arbitration agreement valid and dispute within scope of agreement and arbitrable

Upon application of a party

Challenge possible on grounds of: non-arbitrability of subject matter of the dispute; arbitration agreement void for other reasons, or has been terminated, or does not cover the subject matter of the dispute; an arbitrator taking part in the decision who has not been named in the arbitration agreement or otherwise duly appointed to decide the dispute or who lacks the capacity to be and to act as arbitrator; arbitral award has not been adopted by a majority of arbitrators; parties have not been given the opportunity duly to present their case; award contains an order against the losing party for relief not claimed by the winning party, or the performance of which is impossible or illegal; the court is satisfied that there are grounds on which it would be possible to apply for a new trial in civil proceedings

No leave for enforcement required

Pursuant to New York Convention; non-Convention awards in same way as local awards if country of origin grants reciprocity

Sections 41-44 of the Arbitration Act; 1963 Code of Civil Procedure

Depending on circumstances, court at place of arbitration; court which would have jurisdiction in the absence of arbitration agreement; court where procedural step in support of arbitral proceedings to be taken; or court at seat or residence of applicant or respondent

Subject to arbitration agreement; no statutory provision, but Rules of Arbitration Court contain provisions in relation to certain multi-party issues

Arbitration hearings not public; arbitrators subject to statutory duty of confidentiality

England

Arbitration Act 1996

No, but as far as possible the 1996 Act has sought to follow the Model Law

Yes

In writing or evidenced in writing

One

Pursuant to agreement between parties and arbitrator; or reasonable fees and expenses pursuant to Section 28 of the Arbitration Act 1996; in institutional arbitrations determined by institution

Yes

Yes, if power conferred in arbitration agreement; court applications for interim measures pursuant to Section 44 of the Arbitration Act 1996

Unless otherwise agreed by the parties, when written notice requiring appointment of arbitration served on other party

Unless otherwise agreed by the parties, tribunal decides whether there should be an oral hearing

Substantive law chosen by parties or determined by tribunal on basis of conflict of law rules

Contractual interest, otherwise award of (simple or compound) interest in the discretion of the arbitrators

Depending on whether there is a chairman or umpire, but generally by majority unless otherwise agreed by the parties

In writing, signed by arbitrators, stating seat of arbitration and date of award

Yes, unless parties have agreed to dispense with reasons or agreed award

Unless otherwise agreed by the parties, award of costs at the discretion of the arbitrators

Unless otherwise agreed by parties, tribunal may on own initiative or at request of a party correct clerical mistakes or errors arising from accidental slip or omission or clarify, or remove ambiguity in the award, or make an additional award in respect of any claim presented to the tribunal but not covered in the award

Stay must be granted if arbitration agreement valid and dispute within scope of agreement

Upon application of a party with agreement of other party or permission of tribunal

The parties may confer on tribunal power to order interim measures; unless otherwise agreed, courts have power under Section 44(2) to order interim measures if or to the extent that the tribunal has no power or is unable to act effectively

Challenge possible on grounds of: lack of jurisdiction; proceedings improperly conducted; failure to comply with arbitration agreement; irregularity affecting tribunal or proceedings. Appeal on point of law only with agreement of other party or leave of the court

With leave of court in the same manner as court judgments

Pursuant to New York Convention; Part II of Arbitration Act 1950 and Geneva Convention continue to apply to awards not covered by New York Convention; non-Convention awards may be enforceable at common law

Arbitration Act 1996; Civil Procedure Rules Part 62 and Practice Direction

Commercial Court or the Technology and Construction

Subject to arbitration agreement; some institutional arbitration rules make provision; no statutory provision

Unless express provision in arbitration agreement, considered to be implied term of arbitration agreement

France

Section V of the Nouveau Code de Procedure Civile (“NCPC”) (Decree No 80-354 of 14 May 1980 and Decree No 81-500 of 12 May 1981); Articles 2059-2061 Code Civil

Yes

In writing for domestic arbitration; no strict form requirement for international arbitration

One

Pursuant to agreement between parties and arbitrator; in institutional arbitrations determined by institution; no express provision in NCPC

Yes

No specific provision but the tribunal has power to order measures to protect evidence but cannot enforce these measures; court applications for interim measures to Tribunal de Grande Instance or Tribunal de Commerce; this is possible but exceptional

When a party informs the other party of his intent to arbitrate and summons the other to appoint the arbitral tribunal; there are no formal requirements

No statutory requirement, tribunal holds oral hearing on own initiative or at request of a party

Substantive law chosen by parties or rules of law determined by arbitral tribunal as appropriate

Upon application of a party, contractual or legal interest

By majority; arbitrations must make procedural orders jointly unless arbitration agreement authorises delegation to one of the arbitrators

In writing signed by arbitrators stating arbitrators' names, the date and place of the award, names and addresses of parties, summary of their arguments and submissions, and names of any attorneys or party representatives

Yes, required only in domestic arbitration; in international arbitration it is presumed unless stated otherwise

No express provision in NCPC; unless otherwise agreed by the parties, award of costs at the discretion of the arbitrators; in institutional arbitrations pursuant to applicable rules

In an ad hoc arbitration, the tribunal may, at the request of a party, correct errors or material omissions in the award, or give an interpretation of the award, or make an additional award in respect of any claim presented to the tribunal but not covered in the award; if the arbitral tribunal is no longer able to be constituted, this power belongs to the State Court which would have been competent in the absence of arbitration

Court must decline jurisdiction if proceedings brought in respect of matter which has been referred to arbitration; if arbitral tribunal has not yet been seized, court declines jurisdiction unless arbitration agreement manifestly null and void

Upon application of a party or of the arbitral tribunal, provided the provisional measures do not affect the merits of the dispute

Contrary to awards rendered in domestic arbitration, international arbitration awards cannot be appealed but a recourse for annulment is possible on the following grounds: absence of valid arbitration agreement; irregularities in the constitution of the arbitral tribunal or the appointment of the sole arbitrator; lack of jurisdiction by the tribunal; failure to comply with requirements of due process or international public policy

With leave for enforcement (exequatur)

Pursuant to New York Convention or Articles 1498-1500 NCPC, they are recognised and declared to be enforceable if their existence is proved by the person who relies on them, and if it is not manifestly contrary to international public policy

General procedural rules of the NCPC

Tribunal de Grande Instance or Tribunal de Commerce identified in arbitration agreement; otherwise at seat of arbitration; in international arbitration Tribunal de Grande Instance

Subject to arbitration agreement; some institutional arbitration rules make provision; no statutory provision

No statutory provision

Germany

Arbitration Act 1998 (10th Book of the Code of Civil Procedure (Zivilprozessordnung “ZPO”), §§1025-1066)

Yes

In writing

Three

Pursuant to agreement between parties and arbitrator; in institutional arbitrations determined by institution; no express statutory provision

Yes

Yes, unless otherwise agreed by the parties (§1041 ZPO); interim measures to be ordered enforceable by court on application of party (§1041 (2) ZPO)

Unless otherwise agreed by the parties, when request to refer dispute to arbitration is received by the respondent (§1044 ZPO)

At the request of a party unless excluded by agreement; otherwise tribunal decides whether there should be an oral hearing (§1047 ZPO)

Substantive law chosen by parties or law of State with which subject matter of proceedings most closely connected (§1051 ZPO)

Contractual interest only

By majority of the arbitrators unless otherwise agreed by the parties (§1052 ZPO)

In writing, signed by arbitrators, stating seat of arbitration and date of award (§1054 ZPO)

Yes, unless parties have agreed to dispense with reasons or award on agreed terms (§1054 (2) ZPO)

Unless otherwise agreed by the parties, the award of costs is at the discretion of the arbitrators taking into consideration the circumstances of the case, in particular the outcome of the proceedings (§1057 ZPO)

Unless otherwise agreed by parties, tribunal may on own initiative or at request of a party correct computational, clerical, typographical or other similar errors, or give an interpretation of specific parts of the award, or make an additional award in respect of any claim presented to the tribunal but not covered in the award (§1058 ZPO)

Court proceedings must be rejected as inadmissible if arbitration agreement valid and dispute within scope of agreement (§1032 (1) ZPO)

Yes (§1040 (3) ZPO)

Unless otherwise agreed by the parties upon application of a party (§1041 ZPO)

Challenge possible. Unless otherwise agreed by the parties that no appeal is possible, award may be challenged by parties and set aside on grounds of: incapacity of party; invalid arbitration agreement; lack of proper notice or other inability to present case; lack of jurisdiction; defect in constitution of tribunal or arbitral procedure affecting award; or conflict with public policy (§1059 ZPO)

If declared enforceable by court (§ 1060 ZPO)

Pursuant to New York Convention; other treaties on recognition and enforcement of arbitral awards unaffected (§1061 ZPO)

§§1025-1066 Code of Civil Procedure (Zivilprozessordnung "ZPO")

Oberlandesgerichte (Higher Regional Courts) - §1062 Code of Civil Procedure; appeals on points of law to Bundesgerichtshof (Federal Court of Justice) - §1065 Code of Civil Procedure; Amtsgerichte (Local Courts) provide assistance in taking of evidence (§1050 Code of Civil Procedure)

Subject to arbitration agreement; some institutional arbitration rules make provision; no statutory provision

No statutory provisions; broad consensus that arbitrators are bound to treat arbitration confidential; DIS rules provide for confidentiality (Section 43)

Hungary

Act LXXI of 1994 on Arbitration (in cases concerning money and capital markets, deviations are set out in Act CXX of 2001 On the Capital Markets)

Yes

In writing

Three

Pursuant to agreement between parties and arbitrator; in institutional arbitrations determined by fee-schedules of institution; no express statutory provision

Yes

Yes, unless otherwise agreed by the parties; court applications for interim measures to the local courts

Unless otherwise agreed by the parties, when the other party receives the request to refer the dispute to arbitration

Unless otherwise agreed by the parties, tribunal decides on whether or not to hold an oral hearing

Substantive law chosen by parties or determined by tribunal

Upon application of a party, statutory default interest or contractual interest

By majority unless otherwise agreed by the parties

In writing and signed by arbitrators, stating date of award and place of arbitration

Yes, unless award on agreed terms

Arbitral tribunal required to make provision for costs of the proceedings (including remuneration of the arbitral tribunal) in its final award and to allocate costs as between the parties

Tribunal may on own initiative or at request of a party correct any spelling mistakes, errors in names, numbers or computation, or any typographical errors of a similar nature, or make an additional award in respect of any claim submitted to but not decided by the tribunal, or, at the request of a party, interpret a specific part of the award

Court must reject claim or terminate the action upon request of a party unless arbitration agreement null and void, inoperative or incapable of being performed

At the request of a party within 30 days of notice of ruling by tribunal that it has jurisdiction

Upon application of a party

Challenge possible on grounds of: parties lacked legal capacity to enter into arbitration agreement; arbitration agreement invalid under applicable law or Hungarian law; lack of proper notice of appointment of arbitrator or of proceedings or other inability to present case; lack or excess of jurisdiction; dispute not within terms of arbitration agreement; irregularity in appointment of arbitrators or arbitral procedure; conflict with public policy

In the same manner as court judgment

Pursuant to applicable treaties and conventions

Sections 37, 51-53 of Act LXXI of 1994 on Arbitration and Code of Civil Procedure

County courts (with the exception of interim or conservatory measures pursuant to section 37, which fall within competence of local courts)

Rules of Procedure of the Court of Arbitration make provision for interpleader by interested third parties

Section 29 of the 1994 Act provides that all arbitration proceedings should be conducted in private unless otherwise agreed. No specific statutory provision on confidentiality, but Article 15 of the Rules of Procedure of the Court of Arbitration provides for confidential treatment of the decisions of the court

Italy

Italian Code of Civil Procedure (CPC) (Book IV, title VIII of the Codice di Procedura Civile) and, Legislative Decree No. 5/2003 for company arbitration

Yes

In writing including written acceptance

Three

Procedure expressly recognises the arbitrators' entitlement to fees and to reimbursement of their expenses, unless waived upon acceptance of post or by subsequent written notice

Yes

No, only courts can grant interim measures

Deemed commenced when one of the parties serves on the other party a notice of the appointment of an arbitrator and requests the other party to appoint their arbitrator

Subject to agreement of the parties or decision of the arbitral tribunal; final oral hearings are common practice

Substantive law chosen by parties or rules of law determined by arbitral tribunal as appropriate on basis of conflict of law rules

Contractual or statutorily defined interest only

By majority unless otherwise agreed by the parties

In writing and including the signature of all the arbitrators, the identity of parties and reference to arbitration agreement

Yes

The costs of institutional arbitration are set out in the rules of the relevant institution. For non-institutional arbitration, reference should be made to the “schedule of fees” for arbitrations as set forth in the Ministerial Decree issued by the Italian Ministry of Justice on 8 April 2004.

Article 826 CPC: the parties may require the same arbitrators who decided the case to rectify the award when it includes formal omissions, errors and miscalculations

Stay shall be granted if there is a valid arbitration agreement and the dispute falls within the scope of the arbitration agreement

Upon application by a party

Challenge possible on grounds of: invalid arbitration agreement; incorrect appointment of arbitrators; award rendered by an arbitrator who could not be appointed; award given in relation to matters beyond the jurisdiction of the arbitral tribunal; the tribunal has not given judgment on one or several matters or is contradictory; non-inclusion of substantial formal requirements; non-compliance with time limits; non-compliance with the applicable Italian statutory rules; conflict with a previous final award between the parties; award rendered in conflict with the rules on fair proceedings or as agreed between the parties

By application to the Court where the arbitration has its seat

By application to the President of the Court of Appeal where the other party is resident and if the other party is not resident in Italy by application to the Court of Appeal in Rome; as per the New York Convention and UNCITRAL Model Law

Article 825 CPC

Court which would have jurisdiction in absence of arbitration agreement

Article 816quater makes express provision for multiparty disputes but requires a previous agreement on the arbitrators to be appointed. Article 816quinquies makes express provision for intervention and joinder of third parties but requires arbitration agreement between third party and original parties and unanimous consent of arbitrators

No statutory provision

Kuwait

Code of Civil and Commercial Procedure (Law 38/1980) and Law No. 11/1995 (Judicial Arbitration Law), and Chamber of Commerce Law of 1959

Yes

In writing

No express provision. The number of arbitrators must always be odd.

Pursuant to Judicial Arbitration Law (Law 11/1995), to be determined by the arbitration tribunal. No express provision in the Procedural Code

Yes

Subject to the terms of the arbitration agreement

In ad hoc arbitration pursuant to the Procedural Code, within 30 days from the date of the arbitrators' acceptance of their appointment. Under the Judicial Arbitration Law, within three days of settling the arbitrators' fees.

No statutory requirements; the tribunal holds hearings on its own initiative or at the request of a party

Substantive Law chosen by the parties or determined by the tribunal on basis of conflict of law rules.

If claimed by any party during the proceedings

By majority

In writing and including the signature of all the arbitrators, (mentioning the refusal of one or more of the arbitrators to sign, if any), stating the seat of arbitration, date of award, reference to the arbitration agreement and summary of all parties' arguments and submissions

Yes

No express provision in the Procedural Code or under the Judicial Arbitration Law. To be determined by the tribunal.

Pursuant to Judicial Arbitration Law, the tribunal may on own initiative correct any spelling mistakes, errors in names, numbers or computational, or typographical errors, or make an additional award in respect of any claim submitted to but not decided by the tribunal, or interpret a specific part of the award. In ad hoc arbitration pursuant to Procedural Code, there is no express provision

Court proceedings will be stayed if arbitration agreement valid and dispute falls within scope of agreement

Only if arbitral tribunal has no power

In ad hoc arbitration pursuant to Procedural Code, an application for annulment is possible on grounds of invalid arbitration agreement; award given in relation to matters not within terms of arbitration agreement; non-compliance with time limits; defect in arbitral procedure affecting award; the occurrence of any event which would justify applying for new proceedings (Art. 186 of the Procedural Code).

In ad hoc arbitration pursuant to the Procedural Code, by application to the Court where the arbitration has its seat. Under Judicial Arbitration Law, no leave for enforcement required

Court control differs according to the nationality of the award. If it is from one of the States that have contracted or acceded to the New York Convention, the Court will apply the rules of this Convention. In all others cases, foreign award will be subject to the procedure expressed in Art. 199-200 of the Procedural Code (exequatur)

Articles 173-188 of the Civil and Commercial Procedural Code

Court which would have jurisdiction in absence of arbitration agreement

Subject to arbitration agreement; no statutory provision

No statutory provision

Lebanon

Articles 762-826 of the Lebanese Civil Procedure Code (“CPC”)

Yes

In writing

One arbitrator or any other odd number

Usually costs (including the arbitrators' fees) are fixed based on the mutual agreement of the parties and the arbitrators. The arbitrators have the right to determine their fees, although these amounts will often result from institutional arbitration rules

The arbitral tribunal initially determines the validity of its appointment and the extent of its jurisdiction

These measures may be ordered by Lebanese courts but not by arbitral tribunals

The date upon which the dispute is submitted to the arbitration tribunal either jointly by the parties or by the most diligent party

The tribunal holds an oral hearing on its own initiative or at the request of a party

In accordance with the law chosen by the parties. In the absence of an express choice, the arbitrator(s) will apply the rules of law (substantive law) deemed the most appropriate

Upon application of a party, contractual or legal interest may be awarded

By majority. Any dissenting opinion should be noted in the award

In writing and contain the names and addresses of the arbitrator(s), the date and the place of its issuing , the names of the parties, the names of the parties' representatives, a summary of the parties' submissions, the reasons for the arbitration award and the final decision

Yes

Usually the successful party will be awarded a portion of its actual expenses and legal costs

Yes. Any correction or interpretation of the arbitral award after its issuance should be made by the arbitrator(s) within the time limit fixed by the parties or by law

Parallel court proceedings must be stayed if the parties have concluded a valid arbitration agreement to submit the dispute to arbitration

Upon application by a party

Upon request of a party the court may order interim protective measures

The award can be annulled, appealed or subject to a motion for revision before the Court of Appeal within thirty days from the date of the notification of the award. The remedy of annulment has to be due to one of the following: the issuing of the award without any prior arbitration agreement; or based on an extinct agreement; or issued by arbitrator(s) not legally nominated or the arbitrators exceeded their powers or no respect of the right of defence or the award did not comply with formality requirements or was contrary to public policy.

The parties to the main agreement are able to waive their right to appeal against the award. An appeal to the Supreme Court (Cour de Cassation), can be submitted against the decision of the Court hearing the initial appeal

The recognition and enforcement of a domestic award is granted after the enforcing party has deposited a certified copy of both the award and the arbitration agreement with the Court of First Instance at the seat of the arbitration. The Court must grant leave for enforcement unless there are serious reasons for refusing enforcement (e.g. if the award is clearly contrary to Lebanese public policy)

In accordance with the provisions of the New York Convention. Enforcement procedure pursuant to Art. 814 CPC /td>

CPC

Court which would have jurisdiction in the absence of an arbitration agreement

Subject to arbitration agreement

Arbitration is confidential

The Netherlands

Arbitration Act 1986 (Book IV of the Code of Civil Procedure)

No, but many provisions are based on the UNCITRAL Model Law

Yes

In writing

Uneven number determined by President of District Court

No express provision in Arbitration Act 1986. Pursuant to agreement between parties and arbitrator, in institutional arbitrations determined by institution

Yes

No; President of the District Court has exclusive competence to grant leave for prejudgement seizures

Unless otherwise agreed by the parties, when written notice is served informing other party that arbitration commenced and setting out the matters submitted to arbitration

At the request of a party or on arbitral tribunal's own initiative; tribunal generally decides after oral hearing

Substantive law chosen by parties or determined by tribunal

Upon application of a party, legal or contractual interest

By majority unless otherwise agreed by the parties

In writing, signed by the arbitrators, stating names and addresses of the arbitrators and parties, and date of award and place where award made

Yes, unless award concerns quality and condition of goods or records settlement

Unless otherwise agreed by the parties, award of costs at the discretion of the arbitrators; no express provision in Arbitration Act 1986

Tribunal may on own initiative or at request of a party correct manifest computation or clerical errors or mistakes, or omissions at to the form of the award or the details of the parties, arbitrators, date and place of the award, or make an additional award in respect of any matter submitted to but not decided by the tribunal; if appeal to second arbitral tribunal has been agreed, award can only be supplemented on appeal

Stay of court proceedings

Upon application of a party

Challenge possible on grounds of: absence of valid arbitration agreement; incorrect constitution of tribunal; lack of jurisdiction; award not signed or does not contain reasons; conflict with public policy; award can be revoked in case of fraud, forgery or new documents

With leave of the President of the District Court

Pursuant to applicable treaties and conventions; where no applicable treaty or convention, award may be enforceable pursuant to Article 1076 Rv

Articles 1020-1076 Rv

Competent District Court

No specific statutory provision, but Articles 1045 and 1046 Rv make provision in relation to certain specific aspects (intervention and consolidation)

Publication of arbitration awards general practice but names of parties not disclosed

Poland

Fifth part of the Code of Civil Procedure (Articles 1154-1217)

Yes

In writing

Three

Pursuant to agreement between parties and arbitrator, in the absence of an agreement determined by the court, in institutional arbitrations determined by the relevant arbitration institutions

Yes

Yes; unless otherwise agreed by the parties; the tribunal may issue orders imposing interim protective measures that should be provided with an enforcement clause by the court; regardless of pending arbitration procedure, a party may apply to the court and request such measures

Unless otherwise agreed by the parties, when a written notice is served informing the other party that arbitration has commenced

Unless otherwise agreed by the parties, the tribunal shall decide whether to hold oral hearings for the presentation of arguments and evidence to support it or whether the proceedings shall be conducted on the basis of documents and other materials

Substantive law chosen by the parties or determined by tribunal on basis of conflict of law rules

Upon application of a party, contractual interest or statutory default interest

By majority unless otherwise agreed by the parties

In writing, including reference to the arbitration agreement, date and place of the award, names of the parties and of the arbitrators, decision on the claims of the parties, reasons for the award, signatures of all the arbitrators (or of a majority of the arbitrators, if the case was judged by three or more arbitrators, and reasons for the absence of other arbitrators' signatures are stated in the award)

Yes

Arbitration expenses to be paid in accordance with parties' agreement; in the absence of any such agreement, to be paid by the party as instructed by the tribunal

Tribunal may on its own initiative or at the request of a party correct any error in calculation, any clerical or typographical errors, or any error of a similar nature. Tribunal may at the request of the party give an interpretation of a specific point or part of the award unless otherwise agreed by the parties, the tribunal may on the request of a party make an additional award on claims presented in the arbitration proceedings but that are omitted from the award

Court shall reject a Statement of Claim submitted in relation to a dispute covered by an arbitration agreement if the other party invokes that agreement

Upon application of a party

Challenge possible on grounds of: absence of valid and operative arbitration agreement; deprivation of the possibility for a party to defend its rights; dispute not arbitrable; applicable fundamental procedural rules were not observed, in particular arbitral tribunal not constituted in accordance with requirements of CCP or arbitration agreement; issuing the award as a result of a crime or on the ground of falsified or forged documents; having the case already judged by the courts; the tribunal's award is contrary to the fundamental rules of Polish public policy

If declared enforceable by court (exequatur) or recognised by court if unenforceable. The Court will refuse to recognise or declare enforceable if the subject matter to the dispute was not capable of settlement by arbitration or the recognition or enforcement of the award would be contrary to the fundamental rules of Polish public policy

Pursuant to applicable treaties and conventions; where no applicable treaty or convention applies, pursuant to Articles 1212-1217 CCP

Articles 1154-1217 CCP

Court which would have jurisdiction in the absence of arbitration agreement

Subject to arbitration agreement; no specific statutory provision

Romania

Civil Procedure Code, fourth book, Articles 340-371, Sections 4 and 6, Chapter XII of Law No. 105/1992 on the Settlement of Private International Law Relations

No, but many provisions are based on the UNCITRAL Model Law

Yes

In writing

Three

Pursuant to agreement between parties and arbitrator, in institutional arbitrations determined by institution; statutory provisions for assessment and payment of arbitrators' fees and expenses in Articles 359-359⁶ CPC

Yes

Yes; but execution must be ordered by competent court, court applications for interim measures pursuant to Article 358⁸ CPC

When the claimant serves on the respondent and on each of the arbitrators a copy of the written Statement of Claim together with copies of the documents relied upon

Tribunal generally decides after oral hearing but parties may request tribunal to settle dispute in their absence on the basis of the documents in the file

Substantive law chosen by parties or determined by tribunal on basis of conflict of law rules

Upon application of a party, legal or contractual interest or default interest at official rate of National Bank of Romania

If tribunal composed of uneven number of arbitrators, by majority; if composed of even number, Article 360³ CPC provides for appointment of umpire if arbitrators do not agree on award

In writing, stating the names of the arbitrators, place and date of award, the names and addresses of parties, names of parties' representatives and any other person who participated, reference to the arbitration agreement, subject matter of the dispute and summary of the parties' cases; the de facto and de jure reasons for the award or, for awards made ex aequo et bono, the grounds on which the decision is based, the decisions and orders of the tribunal and the signatures of all arbitrators

Yes

Arbitration expenses to be paid in accordance with parties' agreement; in the absence of any agreement, to be paid by the party indicated by the tribunal

Tribunal may on own initiative or at request of a party correct clerical or other obvious errors which do not change the substance of the award (e.g. calculation errors) or make an additional award in respect of any claim submitted to but not decided by the tribunal; no express statutory provision for interpretation of award by tribunal

Court must declare at the request of one of the parties that it lacks jurisdiction and refer the parties to arbitration, unless arbitration agreement is null and void, inoperative or incapable of being performed, respondent has already submitted defence on merits, or arbitral tribunal cannot be constituted for reasons which are imputable to the respondent

No express statutory provision, but if party commences court proceedings and other party invokes arbitration agreement, court will determine its jurisdiction

Upon application of a party

Challenge possible on grounds of: dispute not arbitrable; absence of valid arbitration agreement; arbitral tribunal not constituted in accordance with requirements of arbitration agreement; a party was not present when the proceedings took place and legal requirements of the summoning procedure were not complied with; award rendered after expiry of the five month arbitration term for making the award; tribunal decided claims not submitted to arbitration or failed to decide claim submitted to arbitration, or awarded more than requested; award does not include tribunal's decision or does not give reasons, does not state the date and place where it was made, or is not signed by the arbitrators; award includes decisions which cannot be enforced; conflict with public order, good morals or mandatory provisions of the law

With leave for enforcement (exequatur) in the same manner as court judgments

Pursuant to applicable treaties and conventions; where no applicable treaty or convention, award may be enforced pursuant to Articles 370-370³ CPC and Articles 167-177 of Law No. 105/1992

Civil Procedure Code, Law No. 105/1992

Applications for measures in support of arbitral proceedings to court which would have had jurisdiction to determine merits of dispute in the absence of arbitration agreement; applications for setting aside arbitral award to court immediately superior; applications for recognition and enforcement of foreign arbitral awards to county court at respondent's domicile or seat, or where award to be enforced

Article 345(3) CPC makes provision for appointment of arbitrators in multi-party dispute

Arbitrators bound by statutory confidentiality obligation, hearings generally not public

Russia

1993 Law on International Commercial Arbitration; 2002 Law on Arbitration Tribunals in the Russian Federation

Yes

In writing

Three

Pursuant to agreement between parties and arbitrator; in institutional arbitration determined by fee schedules of institution; no express statutory provision

Yes

Yes, unless otherwise agreed by the parties, court applications for interim measures to relevant local courts

Unless otherwise agreed by the parties, when the other party receives the request to refer the dispute to arbitration

Unless otherwise agreed by the parties, tribunal shall decide after oral hearing

Substantive law chosen by parties or determined by tribunal on basis of conflict of law rules

Upon application of a party, contractual interest or statutory interest if applicable

By majority unless otherwise agreed by the parties

In writing and signed by arbitrators, stating date of award, place of arbitration, whether claim is allowed or rejected, amount of arbitration fees and costs, and their allocation as between the parties

Yes

Unless otherwise agreed by the parties, tribunal required to make provision for costs of the proceedings (including remuneration of the arbitral tribunal) in its final award and to allocate costs as between the parties

Tribunal may on own initiative or at request of a party correct any errors in computation, any clerical or typographical errors, or any errors of a similar nature, or, if so agreed by the parties, make an additional award in respect of any claim submitted to but not decided by the tribunal, or, at the request of a party, interpret a specific part of the award

Court must stay proceedings upon request of a party unless arbitration agreement null and void, inoperable or incapable of being performed

At the request of a party after arbitral tribunal made preliminary ruling on jurisdiction

Upon application of a party

Challenge possible on grounds of: parties lacked legal capacity to enter into arbitration agreement; arbitration agreement invalid under applicable law or Russian law; lack of proper notice of appointment of arbitrator or of proceedings or other inability to present case, lack or excess of jurisdiction; dispute not within terms of arbitration agreement, irregularity in appointment of arbitrators or arbitral procedure; dispute not arbitrable; conflict with public policy

Chapter 30 of the 2002 Arbitrazh Procedural Code

Pursuant to New York Convention and other applicable treaties; Articles 35 and 36 of the 1993 Law; Articles 241-246 to the 2002 Arbitrazh Procedural Code

Chapters 43-45 of the 2002 Civil Procedural Code; Chapters 32 and 33 of the 2002 Arbitrazh Procedural Code

As a general rule, local courts at seat of arbitral tribunal

Subject to arbitration agreement

Article 25 of the ICAC Rules contains confidentiality provision

Scotland

Based on common law; relevant statutes are Articles of Regulation 1695; Arbitration (Scotland) Act 1894; Arbitration Act 1950; Arbitration Act 1975; Administration of Justice (Scotland) Act 1972; Law Reform Miscellaneous Provisions (Scotland) Act 1990; Arbitration Act 1996 (Sections 89, 90 and 91 only)

Yes, through the Law Reform Miscellaneous Provisions (Scotland) Act 1990

Yes

In writing

One (under Law Reform Miscellaneous Provisions (Scotland) Act 1990)

Pursuant to agreement between parties and arbitrator; otherwise arbitrator has implied power to apportion fees and expenses in his award

Yes

At common law only if power conferred in arbitration agreement; under Law Reform Miscellaneous Provisions (Scotland) Act 1990 unless otherwise agreed by the parties; court applications for interim measures possible

At common law when notice to arbitrator is served; under Law Reform Miscellaneous Provisions (Scotland) Act 1990 on the date on which a request to refer a particular dispute to arbitration received by respondent

At common law subject to agreement by the parties; under Law Reform Miscellaneous Provisions (Scotland) Act 1990, hearing to be held at request of a party unless parties have agreed that no hearing to be held

Substantive law chosen by parties or determined by tribunal on basis of conflict of law rules

Contractual interest; at common law arbitrator has implied power to award interest only from the date of the award

By majority unless otherwise agreed by the parties; at common law ‘oversman' may be appointed to make a ruling if even number of arbitrators and failure to agree

In writing, signed by arbitrators (and oversman where applicable), stating names of arbitrators and details of submission

Not at common law, unless parties specifically request reasons in the submission; under Law Reform Miscellaneous Provisions (Scotland) Act 1990 yes, unless otherwise agreed by parties or agreed award

Unless otherwise agreed by the parties, award of costs at the discretion of the arbitrators

At common law, tribunal may provide draft award to parties for review; once final award has been made, tribunal no longer has authority to amend the award, under Law Reform Miscellaneous Provisions (Scotland) Act 1990, unless otherwise agreed by parties, tribunal may on own initiative or at request of a party correct computational, clerical, typographical, or other similar errors, or give an interpretation of specific parts of the award, or make an additional award in respect of any claim presented in the arbitration but omitted from the award

Stay must be granted if arbitration agreement valid and dispute is within scope of agreement

Not at common law; under Law Reform Miscellaneous Provisions (Scotland) Act 1990, courts can review tribunal's decision on jurisdiction at the request of a party

Upon application of a party; interim measures include arrestment and interdict

Challenge on statutory basis or at common law possible on grounds of: corruption, bribery or falsehood of the arbitrator; exceeded his jurisdiction; award is ambiguous or uncertain; breach of natural justice; under Law Reform Miscellaneous Provisions (Scotland) Act 1990 on grounds of: incapacity of party, invalid arbitration agreement; lack of proper notice or other inability to present case, lack of jurisdiction, defect in constitution of tribunal or arbitral procedure affecting award; or conflict with public policy

By court decree or by summary diligence

Pursuant to New York Convention; Arbitration Act 1950 and Geneva Convention continue to apply to awards not covered by New York Convention

Rules of the Court of Session

Sheriff Court Ordinary Cause Rules 1993

Court of Session

Subject to arbitration agreement

No statutory provision

Serbia

Arbitration Act 2006

Yes

In writing; exchange of messages through means of communication which provide a written record of the parties' agreement, regardless of whether the messages were signed by the parties or not

Odd number

Determined by the arbitral tribunal

Yes

Yes, the arbitral tribunal may order interim measures upon a request of a party, and may at the same time order the opposing party to provide appropriate security; any party may request an interim measure from the court, before or during arbitral proceedings

Unless otherwise agreed, when the arbitral institution receives a request for arbitration or a Statement of Claim;

If arbitration is ad hoc, on the day the respondent receives the request for arbitration or a Statement of Claim and a request to appoint the arbitrator or to state his position with respect to the proposed sole arbitrator

Unless otherwise agreed by the parties, the tribunal decides whether to hold an oral hearing

Substantive law chosen by parties or determined by tribunal on basis of conflict of law rules

Upon application of a party, contractual or statutory default interest

By majority unless otherwise agreed by the parties

In writing, signed by arbitrators, award contains an introduction, a decision on substance of the dispute and on the costs of arbitration and a statement of reasons unless the parties agreed to dispense with reasons or the award is an agreed award. The award must state the date and place of its making

Yes, unless parties have agreed to dispense with reasons or the award is an agreed award

Determined by the arbitral tribunal

Yes, the arbitral tribunal shall at the request of a party correct language and technical errors in the award or give specific interpretations of the award, or shall make a supplemental award for the claims presented in the arbitral proceedings but not decided in the arbitral award

Upon a motion of a party submitted prior to engagement in the discussion of the merits of the dispute, the court must dismiss the action for lack of jurisdiction, unless it finds that the arbitration agreement is manifestly null and void, inoperative or incapable of being performed

Upon application of a party

Challenge possible on grounds of: invalidity of arbitration agreement; lack of proper notice or other inability to present case; award dealing with or deciding issues beyond the scope of the arbitration agreement; defect in constitution of tribunal or arbitral procedure affecting award; the award was based on a false statement of a witness or expert or on a forged document or the award results from a criminal act of an arbitrator or a party, if these grounds are proven by a final judgment; the subject matter of the dispute is not capable of settlement by arbitration under the law of the Republic; and if the effects of the award are contrary to public policy

Domestic arbitral award has the effect of a final judgment of the domestic court

Prior to enforcement in Serbia, the foreign award must be recognised;

New York Convention applies

Civil procedure Act 2004; Non-litigious procedure Act 1982; Execution procedure Act 2005; Arbitration Act 2006

District courts or commercial courts competent for the recognition and enforcement of foreign arbitral awards. The territorial jurisdiction belongs to the court in whose territory enforcement is sought. For setting aside the arbitral award, the court at the place of arbitration is competent

No statutory provision

Slovakia

Arbitration Act 2002 (Act No. 244/2002 Coll. as amended); Civil Procedure Code (Act No. 99/1963 Coll. as amended)

Yes

In writing or evidenced in writing

Three

Pursuant to agreement between parties and arbitrator(s); in institutional arbitrations determined by institution; no express provision in Arbitration Act

Yes

Yes, unless otherwise agreed by the parties; interim measures ordered by arbitral tribunal enforceable upon application to court; court applications for interim measures pursuant to §74 et seq. of the Civil Procedure Code

When the Statement of Claim is served on the other party, or when the Statement of Claim is served on any of the arbitrators (if arbitrators have been appointed) or lodged with the relevant arbitration institution

Unless otherwise agreed by the parties, the tribunal decides whether there should be an oral hearing

Substantive law chosen by parties or determined by tribunal on basis of conflict of law rules

Upon application of a party, contractual or legal interest

By majority. In case of a draw, the vote of the chairman is decisive

In writing, signed by the majority of arbitrators, stating arbitrators´ names, the date and place of the award, names of parties and their representatives, grounds, instructions on filing a claim at court for repealing an arbitral award

Yes, unless parties have agreed to dispense with reasons or the award is an agreed award

Arbitral tribunal decides in its final award about costs and costs allocation, unless the parties agree otherwise; arbitration fees mean legal fees and disbursements incurred by the parties, administrative fees of any arbitral institution, arbitrators' fees and disbursements, experts' fees, interpreters' fees etc.

Tribunal may on its own initiative or at the request of a party correct clerical, computational, typographical, or other similar errors, or, at the request of a party, give an interpretation of specific parts of the award

Stay must be granted upon request of a party, unless: arbitration agreement is null and void; the parties declare that they do not insist on the agreement; a foreign arbitration award was not recognised in Slovakia; the dispute is out of scope of the agreement; the case is not subject to arbitration agreement under Slovak law; or the arbitration tribunal denied the case

Arbitral tribunal is entitled to decide upon its jurisdiction including objections relating to the existence or validity of arbitration agreement. Should the arbitration tribunal conclude that the dispute falls outside alignment its jurisdiction, it stays the proceeding by way of a resolution

Upon request, the court may order interim measures and enforce interim measures granted by the arbitration tribunal

Challenge feasible on grounds of: non-arbitrability of the subject matter of the dispute, res iudicata, invalidity of the arbitration agreement or it does not cover the subject matter of the dispute, violation of the principle of equality of parties, an award was granted by an arbitrator who was removed for being prejudiced, an award was influenced by a criminal act committed by an arbitrator, parties or expert, there are reasons for ordering a re-hearing (e.g. new evidence emerged or evidence may be obtained which could not have been obtained in the original proceedings, provided the evidence may yield a more favourable decision)

With leave of court in the same manner as court judgments

Pursuant to New York Convention

Civil Procedure Code (Act No. 99/1963 Coll. as amended)

Court at seat of arbitration, unless stated otherwise

No statutory provision

Arbitration hearings not public; arbitrators subject to statutory duty of confidentiality

Slovenia

Arbitration Act/Zakon o arbitraŽi (Official Gazette of the Republic of Slovenia No. 45/2008)

Yes

In writing; or in correspondence between parties

Three

Pursuant to agreement between parties and arbitrator; in institutional arbitrations determined by institution

According to Article 39(1) Arbitration Act, the tribunal decides at its own discretion on the reimbursement of costs, costs of arbitrator's fees and cost of legal representation in the form of an award or an order

Yes

Yes – after hearing submissions from both parties or, exceptionally, of its own motion

When the respondent receives the claimant's request for a particular dispute to be referred to arbitration

At the request of a party, the tribunal will hold an oral hearing. Otherwise, the tribunal decides whether the proceedings shall be conducted in writing or whether an oral hearing is required

Substantive law chosen by parties or rules of law determined by arbitral tribunal as appropriate

Contractual or legal interest

By majority unless otherwise agreed by the parties

In writing, signed by at least the majority of arbitrators, stating seat of arbitration and date of award

Yes, unless parties have agreed to dispense with reasons or if they have concluded a settlement

No statutory provision; unless otherwise agreed by the parties, the award of costs lies at the discretion of the arbitral tribunal

Tribunal may on own initiative or at the request of a party correct clerical, computation, typographical, or other similar errors, or give an interpretation of specific parts of the award or make an additional award as to claims asserted in the proceedings but not decided by the arbitral award

Court must decline jurisdiction if an action is brought in respect of a matter which is the subject of an arbitration agreement, unless the arbitration agreement is non-existent, null and void or incapable of being performed

Upon application of a party

Challenge possible on grounds of: incapacity of a party; invalid arbitration agreement; failure to comply with requirements of due process; defect in constitution of tribunal or arbitral procedure affecting award; conflict with public policy; excess of jurisdiction by the tribunal; non-arbitrable dispute

If declared enforceable

by First Instance Court in Ljubljana

Pursuant to New York Convention;

when acknowledged by the First Instance Court in Ljubljana

Arbitration Act 2008

First Instance Court in Ljubljana;

appeals to Supreme Court

Subject to arbitration agreement; no statutory provision

No statutory provision

Spain

Arbitration Act 60/2003

Yes

In writing

One

Pursuant to agreement between parties and arbitrator; in institutional arbitrations determined by institution; no express provision in Arbitration Act

Yes

On the date on which a request for that dispute to be referred to arbitration is received by the respondent

The arbitrators decide whether to hold oral hearings for the presentation of oral argument or whether the proceeding is conducted solely in writing

Substantive law chosen by parties or determined by tribunal on basis of conflict of law rules

Upon application of a party contractual or legal interest

By majority

In writing and signed by the arbitrators who may add any dissenting opinion

Yes

No express provision in arbitration act; arbitrators decide on the award of costs of the arbitration

Tribunal may on own initiative or at request of a party correct clerical, computation, typographical errors

Court proceedings must be rejected as inadmissible if arbitration agreement valid and dispute is within scope of agreement

Upon application of a party

Challenge possible on grounds of: public policy; non-arbitrability of the dispute; question not submitted to be determined by the arbitrators; non-existence or invalidity of the arbitration agreement; the arbitral procedure was not in accordance with the agreement

No leave for enforcement required

Pursuant to New York Convention; other conventions may apply

Civil Procedure Act

Court at the seat of the arbitration

Subject to arbitration agreement; no statutory provision

No specific statutory provision but parties' legal advisers bound by professional duty to preserve confidentiality

Switzerland

Chapter 12 of the Federal Code of Private International Law;
Inter-cantonal Arbitration Convention continues to apply to domestic arbitrations

Yes

In writing

Three, appointed by court at seat of arbitral tribunal pursuant to relevant rules of cantonal law

Pursuant to agreement between parties and the arbitrator(s); in institutional arbitrations determined by fee-schedules of the institution; no express statutory provision

Yes

Yes, unless otherwise agreed by the parties; an arbitral tribunal can apply for court assistance if a party does not comply with interim measures

When the claim is submitted to arbitral tribunal designated in arbitration agreement; if no tribunal is designated, when one party initiates procedure to appoint tribunal

Oral hearing not required, but arbitral tribunal must observe the right to be heard. Tribunals generally decide after oral hearing

Substantive law chosen by parties or (absent a choice of law) law most closely connected with subject matter of dispute

Upon application of a party, contractual interest or statutory default interest

By majority unless otherwise agreed by the parties, or absent a majority by the chairman alone

In writing, accompanied by reasons for the decision, dated and signed (signature of chairman sufficient)

Yes, unless otherwise agreed by parties

Unless otherwise agreed by the parties, award of costs is at the discretion of the arbitrators; no express statutory provision

No express statutory provision but correction and interpretation permissible as a matter of general legal principle and established doctrine

Court must decline jurisdiction if dispute arbitrable and within scope of arbitration agreement, unless (i) defendant participated in proceedings without raising any objection; (ii) arbitration agreement is invalid or incapable of being performed; or (iii) if arbitral tribunal cannot be constituted for reasons for which the defendant is obviously responsible

Both State court and arbitral tribunal can render a decision on jurisdiction in the form of a preliminary award; decision of arbitral tribunal on jurisdiction can be challenged directly before the Swiss Federal Supreme Court

Upon application to the arbitral tribunal; the state court will assist upon request for assistance by arbitral tribunal

Challenge possible on grounds of improper constitution of arbitral tribunal; erroneous assumption or denial of jurisdiction by arbitral tribunal; failure by arbitral tribunal to decide all claims submitted or deciding claims not submitted to arbitration; violation of principle of equal treatment of parties or of right to be heard; or non-compliance of award with substantive or procedural public policy

If deposited with the court at the seat of the arbitral tribunal which will issue a declaration of enforceability; alternatively by obtaining a certificate from the arbitral tribunal

Pursuant to New York Convention, regardless of whether country of origin of award is a signatory

For Swiss Federal Supreme Court: Federal Statute on the Federal Supreme Court;

For cantonal courts: procedural rules applicable at location of court

Local court at seat of arbitral tribunal; challenge of awards falls within exclusive jurisdiction of Federal Supreme Court

Subject to arbitration agreement

No statutory provision

Ukraine

The Law of Ukraine “On International Commercial Arbitration” No. 4002-XII dated 24 February 1994 (the ICA Law); the Civil Procedure Code of Ukraine adopted on 18 March 2004 and the Law of Ukraine No. 1701-IV “On Courts of Arbitration” (On Domestic Arbitration Courts) dated 11 May 2004

Yes, the Law of Ukraine “On International Commercial Arbitration” is based on the UNCITRAL Model Law

Yes

In writing s

Three

No statutory provisions. All the fees are established by the agreements between parties and arbitrator(-s) (in the event of ad hoc arbitration) or by fee schedules of arbitration institutions

Yes. The tribunal is entitled to grant interim measures at a party's request. The party's application to a state court for interim measures and the court's granting of such measures are not considered to be inconsistent with arbitration proceedings

Yes, unless otherwise agreed by the parties; an arbitral tribunal can apply for court assistance if a party does not comply with interim measures

Unless otherwise agreed upon by the parties, arbitration proceedings begin on the day when the request to present the dispute to the arbitration tribunal has been received by the defendant.

Unless otherwise agreed by the parties, the tribunal decides whether to hold an oral hearing or to render its award on a ‘documents only' basis. An oral hearing shall be held if requested by either party

Legal norms which the parties have chosen to be applied to the essence of the dispute. Otherwise the tribunal determines the applicable law applying the conflict of law rules which they think to be appropriate.

Upon application of a party.

Unless otherwise agreed by the parties, the decision is made by a majority of the arbitrators.

An arbitration award shall be personally signed by the arbitrator or arbitrators and made in writing. It shall contain the date and place of the arbitration and the decision on the issues submitted

Yes

The amount of the arbitrators' fee, expenses related to the case, and their allocation between the parties shall be indicated in the arbitration award

Unless otherwise agreed by the parties, the tribunal may correct any clerical or typographical errors or errors in computation, or interpret the arbitration award or accept a party's request for an additional award within 30 days following receipt of the award by the parties.

The court must stay the proceedings on a party's request (provided that the arbitration agreement is valid and the arbitral tribunal is entitled to review the respective dispute)

At a party's request

Upon a party's application. Such an application - as well as any order issued by the court - is not inconsistent with the existence of an arbitration agreement

The award may be set aside by the court on the application of a party or by the court ex officio. The grounds are as follows: incapacity of one of the parties to the dispute, nullity of the arbitration agreement; arbitration tribunal exceeding its authority; non-arbitrability of the matter under the current legislation of Ukraine; or if the award is contrary to Ukrainian public policy.

Articles 55-57 of the law on Domestic Arbitration, Articles 368-373 of the Civil Procedural Code; the Law of Ukraine No. 606-XIV “On Enforcement Proceedings” dated 21 April 1999

Pursuant to the New York Convention and other applicable treaties; Articles 390-401 of the Civil Procedural Code; Articles 35 and 36 of the ICA Law; the Law of Ukraine No. 606-XIV “On Enforcement Proceedings” dated 21 April 1999

Parts V , VI, VIII of the Civil Procedural Code

District, urban district and town courts; regional courts; city courts at the place of arbitration.

Subject to parties' agreement

No specific statutory provisions

UAE

Civil Procedure Code Federal Law No. (11) of 1992 (the “UAE Code”)

No, unless a reference to arbitration is made with regards to and under Dubai international chamber of arbitration

Yes

In writing

One arbitrator or any other odd number

Some rules fix a maximum and a minimum remuneration entitlement (e.g. the Dubai Chamber of Commerce and Industry (DCCI)). But in general arbitrators are free to fix their fees and may decide that such amount, in whole or in part, be borne by the party against whom the award was issued

In addition, the parties may request the Court to adjust the arbitrators' fees taking into account the nature of the dispute and the efforts of the arbitrators

The arbitrators have the power to rule on their own jurisdiction

No express provision forbids the arbitrators from granting interim or protective measures but usually this power falls within the jurisdiction of the courts

As from the date of notification of the parties by the arbitrator who has accepted his mission, of the venue and date of the first hearing n

No statutory or specific requirement; but hearings must be recorded and minutes signed by the arbitrators

In accordance with the law chosen by the parties. In the absence of an express choice, the arbitrator(s) will apply the rules of law (substantive law) deemed the most appropriate. Furthermore, the arbitrator(s) should take into consideration trade customs

Upon application of a party, contractual or legal interest may be awarded

Decision must be taken by majority

The arbitral award should be accompanied by a copy of the arbitration agreement, a summary of the statements of the parties, their documents, the grounds and context of the award, the date and place of the issue and the signature of each of the arbitrators

Yes

Usually the successful party will be awarded a portion of its actual expenses and legal costs

The court refers the award back to the arbitrators to reconsider any issues which they have omitted or to clarify the award if it was not specific enough to be enforced. The arbitrators shall issue their revised award within three months as from the date of their notification of the court's decision

Parallel court proceedings must be stayed if the parties have concluded a valid arbitration agreement to submit the dispute to arbitration

Upon request of a party, the court may order interim protective measures

1- Annulment:

Any party to a dispute may request the annulment of the award (i) if it was issued without being based on valid terms of reference or if it was based on terms of reference in which the dispute was not specified; or (ii) based on an agreement that has expired by time prescription; or (iii) by an arbitrator who exceeded his powers under the terms of reference; or (iv) by an arbitrator who was not been appointed in accordance with the law; or (v) by a number of arbitrators who were not authorised to issue the award in the absence of the others; or (vi) by a person who was not competent to act as an arbitrator; or (vii) by an arbitrator who did not satisfy the legal requirements; or (viii) because the award is invalid or the arbitration proceedings on which it is based become void for a particular reason (e.g.: the award was delivered without the required majority, the proceedings were not conducted in accordance with the rules agreed by the parties/laid down by law).

The above grounds for nullification cannot be waived by the parties to the arbitration as, according to the UAE Code, any purported waiver by any party, prior to the issue of the award, of his right to request the nullification of the said award shall have no legal effect.

2- Appeal:
The award cannot be appealed in any way. However, the judgment approving the arbitrator's award may be appealed. Notwithstanding the foregoing, the said judgment shall not be subject to appeal if (i) the arbitrator was authorised to reconcile the dispute; (ii) the parties have expressly waived their rights to file an appeal; or (iii) the disputed amount was not in excess of AED 10,000 (Ten Thousand Dirhams; approx. USD 2,700)

The arbitrators' award may not be enforced unless it has been approved by the court with which the award was filed. The court charged with approving the award must review the award and the terms of reference and ensure that there is no encumbrance to such enforcement

In accordance with the provisions of the New York Convention, the UAE Code stipulates that an arbitration award rendered in a foreign country may be enforced in the UAE under the same conditions provided for in the law of the foreign state for the enforcement of foreign arbitration awards. Nonetheless, it is reported that the UAE courts sometimes go beyond this principle by requiring that the foreign award satisfies, in addition to the procedures applicable in the country of origin, those applicable in the UAE as set out under Article 235 of the UAE Civil Procedure Code

Chapter three of UAE Code (Federal Law No. (11) of 1992); more specifically Articles 203-218

Court which would have jurisdiction in absence of arbitration agreement

Subject to parties' agreement

Arbitration is confidential

Uruguay

General Procedural Code of 1988 (sections 472 to 507)

Yes

In writing including written acceptance prior to the commencement of the Arbitration Proceedings (in the form of a “Compromiso Arbitral”).

If one of the parties to a valid arbitration agreement refuses to execute the Compromiso Arbitral, the other party can request the State courts do so on behalf of the defaulting party.

The Compromiso Arbitral is not needed in International Arbitration

Three to five

Where dealing with an institutional arbitration by such institution. In ad hoc arbitration the fees of the tribunal will be determined by agreement between the parties and the arbitrator(s) or by the courts

Yes

In domestic arbitral proceedings, no; in international proceedings pursuant to Article 19 of the 1998 Mercosur Agreement; yes

There is no express provision in the GPC governing when the arbitral proceedings officially begin. Most institutional arbitration rules provide that the proceedings commence when the claim is filed with the relevant institution.

Arbitrators shall, before the commencement of the proceedings, summon the parties in order to reach and agreement. Such hearings could be also requested by the arbitrators and during the proceeding

The parties are free to choose the law governing their dispute.

Contractual or legal interest only

In writing, dated and signed by the arbitrators

Yes

Unless otherwise agreed by the parties, the award of costs lies at the discretion of the arbitrators

Tribunal may, at request of a party correct clerical, computational, typographical errors

Either party may request an additional award if the arbitral tribunal failed to make an award on any claim presented in the arbitral proceedings.

No statutory provisions on stay of court proceedings, court may rule on jurisdiction

Upon application of a party

Under Uruguayan law, arbitration awards cannot be appealed. The award may, however, be challenged as null and void on limited grounds set out in Article 499 of the GPC, namely in circumstances where the arbitral tribunal: (i) issued its award after the expiry of the time limit for rendering its award; (ii) ruled on matters that were not within the scope of the arbitration agreement; (iii) failed to rule on matters submitted to them for determination; or (iv) refused to accept any essential and overriding evidence

No leave for enforcement required

With leave for enforcement of the Supreme Court (exequatur); pursuant to New York Convention

General Procedural Code of 1988. Article 498 and Chapter II.

Court which would have jurisdiction in absence of arbitration agreement

Subject to arbitration agreement; no statutory provision

No statutory provision

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