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Practice Guidelines and Protocols

Introduction to the International Arbitration Practice Guidelines

 International Arbitration Guidelines 2016

How to respond to requests for an interview prior to an appointment, including a list of matters that can be discussed.

How to formulate and record terms of appointment including remuneration in arbitrations which are not administered by an institution.

How to deal with the most common types of challenges to jurisdiction and admissibility and the form which a decision on jurisdiction should take.

Matters relevant to the consideration of an application for interim measures, including ex parte applications and emergency relief.

Matters relevant to the consideration of an application for security for costs as well as the process for granting and releasing security for costs.

How to establish and manage the procedure according to the specific requirements of each arbitration.

Matters relevant to consider in the appointment and use of party-appointed and tribunal-appointed experts.

Factors to consider when determining whether an arbitration or certain issues within an arbitration are suitable for a documents-only procedure and how to conduct such a procedure.

Conduct of proceedings and rendering awards where one of the parties refuses or fails to participate.

Formal and substantive requirements for drafting arbitral awards.

How to approach the making of awards on interest, including deciding on accrual periods, rates, currency and basis of interest.

Matters to consider when allocating costs between the parties, including determining the recoverable costs.

International Arbitration Guidelines 2011

​Note: These Guidelines are under review as they do not represent current practice.

CIArb expects to complete its review by the end of this year.

How to deal with parties with significant differences of resources and consideration of unfair terms in arbitration agreements involving consumers.

Matters to consider when deciding whether to order consolidation or concurrent hearings in multi-party arbitrations.

The circumstances and manner in which arbitrators may make use of mediation.

Practice Guidelines relevant to the English Arbitration Act 1996

​Note: These Guidelines are under review as they do not represent current practice.

CIArb expects to complete its review by the end of this year.

How to respond to a notice of a party’s application to court concerning the arbitrators’ jurisdiction, alleged irregularities, interim measures and questions of law.

How to approach an application for peremptory and ‘‘unless’’ orders.

Practice Guidelines relevant to the English Legislation

​Note: These Guidelines are under review as they do not represent current practice.

CIArb expects to complete its review by the end of this year.

Circumstances justifying disclosure to authorities when there is a risk that the proceedings are being used to further criminal matters, such as money laundering or terrorist financing.

International Arbitration Protocols

Early consideration of disclosure of documents in electronic form, scope and conduct of e-disclosure.

Preparation and giving of expert evidence, contents of expert’s opinion and procedure for identifying issues that should be dealt by expert opinion.