Diminishing Procedural Boundaries in International Arbitration

• 발행기관: 한국중재학회
• 저자명: Abha Pareek
• 간행물 정보: 『중재연구』 제23권 제4호, 123~138쪽, 전체 16쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2013.12.30

영문 초록

The surge of cross border trade and transactions has seen international arbitration fast emerging as the preferred mode of dispute resolution. This phenomenon is especially remarkable in the Asian region. The Singapore International Arbitration Centre (“SIAC”) aspires to contribute to this growth as one of the leading arbitral institutions. The objective of this article is to provide an insight into the key features of SIAC Rules. This article has been divided into two parts; the first part discusses how the SIAC Rules are helpful in building bridges in international arbitration between the common law and civil law systems. We have attempted to throw light on how the SIAC Rules may be tailored by the parties to bring about a harmonization in the common law and civil law practices in the conduct of the arbitration proceedings. In the second part of the article, we discuss the two most popular procedures introduced in the SIAC Rules in 2010 i.e. ‘Emergency Arbitration’ and ‘Expedited procedures’. The emergency arbitration provisions enable a party to obtain order(s)/award for urgent interim relief(s) upon commencement of arbitral proceedings but pending the constitution of the main Tribunal. The expedited Procedure provisions give parties the option of having their disputes determined in six (6) months from the date of the constitution of the tribunal.

목차

Part Ⅰ: Harmonizing Common & Civil Law Practices Part

Ⅱ: SIAC Special Procedures

References

Abstract

키워드

SIAC Rules Civil Law Common Law Emergency Arbitration Expedited Procedure Urgent Interim Reliefs