Investment Arbitration
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Investment Arbitration
The SIAC Investment Arbitration Rules (IA Rules 2017) can be applied by agreement in disputes involving a State, State-controlled entity or intergovernmental organisation, whether arising out of a contract, treaty, statute or other instrument.
Some of the key highlights of the SIAC IA Rules 2017 include:
- Appointment of the sole or presiding arbitrator with a default list procedure;
- Appointment of an Emergency Arbitrator with an opt-in mechanism;
- Strict timelines on challenges to arbitrators with built-in discretion for the arbitration to proceed during the challenge;
- Early dismissal of claims and defences;
- Provisions for submissions by non-disputing parties;
- Provisions to enable the Tribunal to order the disclosure of third-party funding arrangements and to take such arrangements into account when apportioning costs;
- Provisions to enable the Tribunal to order the disclosure of third-party funding arrangements and to take such arrangements into account when apportioning costs;
- Timelines for the closure of proceedings and the submission of the draft Award; and
- Provisions relating to confidentiality and the discretionary publication of key information relating to the dispute.
SIAC has webinars on investment arbitration, which can be access here.
SIAC has also administered investment disputes under the SIAC Rules and served as the appointing authority in investment disputes under the UNCITRAL Arbitration Rules.