Rules Established and used for International Commercial Arbitration

Barrister Zafar Iqbal Kalanauri

Advocate Supreme Court of Pakistan[i]

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International commercial arbitration follows several sets of rules established by various institutions and organizations. Here are the key types of rules commonly used:

?1. Institutional Rules

Administered by arbitration institutions, these rules provide procedural frameworks. Popular examples include:

• ICC Rules – International Chamber of Commerce (ICC)
• LCIA Rules – London Court of International Arbitration (LCIA)
• SIAC Rules – Singapore International Arbitration Centre (SIAC)
• HKIAC Rules – Hong Kong International Arbitration Centre (HKIAC)
• AAA/ICDR Rules – American Arbitration Association (AAA) / International Centre for Dispute Resolution (ICDR)

?2. Ad Hoc Arbitration Rules

In ad hoc arbitration, the parties administer the process themselves, usually relying on a predefined framework, such as:

• UNCITRAL Arbitration Rules – Established by the United Nations Commission on International Trade Law, often used for ad hoc arbitration.

?3. Specialized or Sectoral Rules

Some rules are tailored to specific industries or dispute types:

• ICSID Rules – International Centre for Settlement of Investment Disputes (for investor-state arbitration)
• GAFTA Rules – Grain and Feed Trade Association (for agricultural trade disputes)
• FOSFA Rules – Federation of Oils, Seeds, and Fats Associations (for commodity disputes)

?4. National Arbitration Rules

Certain countries promote their own arbitration rules alongside their institutional frameworks, like:

• CIETAC Rules – China International Economic and Trade Arbitration Commission
• Swiss Rules – Swiss Chambers' Arbitration Institution

?5. Hybrid Rules

These combine aspects of both institutional and ad hoc rules:

• UNCITRAL + Institutional Supervision – Some cases follow UNCITRAL rules with institutions providing administrative support (e.g., PCA or ICC managing an UNCITRAL arbitration).?

Each type of rule governs aspects such as the appointment of arbitrators, conduct of hearings, time limits, costs, and the final award. The choice of rules depends on factors like the nature of the dispute, party preferences, and legal requirements.

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Summary of Rules used for International Commercial Arbitration?

International Chamber of Commerce (ICC) Arbitration Rules :

?The ICC Rules of Arbitration provide a framework for resolving international commercial disputes efficiently. Below is a summary of the key features:

?1. Structure and Administration

• Administered by: International Court of Arbitration of the ICC.
• Supervision: The ICC Court ensures the arbitral process runs smoothly but does not decide the dispute.

2. Commencement of Arbitration

• Request for Arbitration: Filed by the claimant, containing essential details (e.g., nature of the dispute, claims, and agreements).
• Answer: The respondent replies with their defense and counterclaims.

3. Appointment of Arbitrators

• Number: One or three arbitrators (agreed by the parties or appointed by the ICC Court).
• Neutrality: Arbitrators must be independent and impartial.

4. Procedural Flexibility

• Procedural Timetable: Arbitrators and parties agree on the schedule.
• Evidence & Hearings: Methods of presenting evidence are flexible, including documents and oral hearings.

5. Expedited Procedure (for Small Disputes)

• Eligibility: Cases with claims under USD 3 million (or other threshold by agreement).
• Simplified Process: Faster appointment of arbitrators, limited submissions, and quick award issuance.

6. Interim Measures and Emergency Arbitration

• Emergency Arbitrator: Provides urgent relief before the tribunal is constituted.
• Interim Measures: Arbitrators can grant provisional measures (e.g., asset freezing).

7. Costs and Fees

• Costs Include: Arbitrators' fees, administrative fees, and legal expenses.
• Advance Payments: The parties must deposit advance costs to cover the arbitration.

8. Confidentiality and Transparency

• Confidential Process: Hearings and awards are generally private.
• Publication: Only anonymized awards may be published with party consent.

9. Final Award

• Binding Nature: The award is final and enforceable under the New York Convention.
• Correction/Interpretation: Minor corrections can be requested within a set period.

The ICC Rules are widely respected for their adaptability, neutrality, and efficiency, making them a popular choice for complex cross-border disputes.

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London Court of International Arbitration (LCIA) Arbitration Rules?

The LCIA Rules provide a framework for fair, efficient, and flexible arbitration of international disputes. Below is a summary of their key features:

1. Structure and Administration

• Administered by: London Court of International Arbitration (LCIA).
• LCIA Court: Oversees the process, appoints arbitrators, and handles challenges, but does not resolve the dispute

2. Commencement of Arbitration

• Request for Arbitration: Claimant submits a request with basic details about the dispute and agreement to arbitrate.
• Response: The respondent must submit an answer within a specified time.

3. Appointment of Arbitrators

• Number: Usually one or three arbitrators, as agreed by the parties or appointed by the LCIA.
• Independence & Impartiality: Arbitrators must remain neutral and disclose any potential conflicts of interest.
• Special Feature: Arbitrators have a duty to act efficiently and avoid unnecessary delays or costs.

4. Flexible Procedures

• Tribunal’s Discretion: The tribunal has significant control over the procedure, including evidence, hearings, and deadlines.
• Remote Hearings: Use of electronic communication and virtual hearings is permitted.

5. Emergency Arbitration and Interim Relief

• Emergency Arbitrator: Available for urgent relief before the tribunal is constituted.
• Interim Measures: Arbitrators can order provisional relief, such as freezing orders or injunctions.

6. Costs and Fees

• Fixed Hourly Rates: The LCIA uses a transparent fee structure based on hourly rates for arbitrators and administrative charges.
• Advance on Costs: Parties must deposit an advance to cover arbitration expenses.

7. Confidentiality

• Private Process: All proceedings, awards, and documents are confidential.
• Limited Publication: Awards are only published with party consent or in anonymized form.

8. Award and Enforcement

• Final and Binding Award: The tribunal’s award is binding and enforceable under the New York Convention.
• Correction and Clarification: Parties can request minor corrections or clarifications within a set timeframe.

9. Time and Cost Efficiency

• Efficient Case Management: Arbitrators must ensure the process is quick and cost-effective.
• Expedited Process: Cases can be fast-tracked at the tribunal’s discretion.?

The LCIA Rules emphasize procedural flexibility, efficiency, and transparency, making them suitable for both large and smaller disputes across different industries and jurisdictions.

?Singapore International Arbitration Centre (SIAC) Arbitration Rules?

The SIAC Rules govern the arbitration procedures administered by the Singapore International Arbitration Centre (SIAC). They are known for their efficiency, flexibility, and focus on expedited processes, making them a preferred choice for international disputes. Below is a summary:

1. Structure and Administration

• Administered by: SIAC Secretariat, supervised by the SIAC Court of Arbitration.
• Role of SIAC Court: Appoints arbitrators, decides on challenges, and ensures smooth proceedings.

2. Commencement of Arbitration

• Notice of Arbitration: Filed by the claimant to initiate proceedings.
• Response: The respondent submits a reply and may raise counterclaims.

3. Appointment of Arbitrators

• Number: One or three arbitrators, as agreed by parties or decided by SIAC.
• Neutrality: Arbitrators must be impartial and disclose conflicts of interest.
• Arbitrator Challenge: Parties can challenge the appointment based on doubts about independence.

4. Expedited Procedure

• Eligibility: Available if the dispute amount is below SGD 6 million or if parties agree.
• Simplified Process: Single arbitrator and final award within 6 months of constitution.

5. Emergency Arbitration and Interim Relief

• Emergency Arbitrator: Provides urgent relief within days of application, before the tribunal is fully formed.
• Interim Measures: Arbitrators can order temporary relief, such as asset freezing.

6. Costs and Fees

• SIAC Fee Schedule: Costs include tribunal fees, administrative fees, and deposits.
• Cost-Sharing: SIAC may require parties to deposit advance costs proportionally.
• Award of Costs: The tribunal can allocate costs based on the outcome and conduct of the parties.

7. Procedural Flexibility and Technology

• Tribunal’s Discretion: Arbitrators control the timetable, evidence submission, and hearings.
• Virtual Hearings: SIAC promotes remote hearings and electronic submission of documents.

8. Confidentiality

• Private Proceedings: All details are confidential unless the parties agree otherwise.
• Publication: Awards may be published in anonymized form with party consent.

9. Award and Enforcement

• Binding Award: The award is final and enforceable under the New York Convention.
• Correction/Interpretation: Minor corrections can be requested after the award.

10. Innovative Procedures

• Arb-Med-Arb Process: Combines arbitration and mediation to encourage settlement.
• Consolidation and Joinder: SIAC allows multiple disputes to be consolidated or new parties to join an arbitration.

The SIAC Rules are recognized for their responsiveness to modern commercial needs, with a strong emphasis on expedited processes, emergency relief, and technological integration.

?Hong Kong International Arbitration Centre (HKIAC) Arbitration Rules:

?The HKIAC Administered Arbitration Rules provide a comprehensive framework for resolving disputes efficiently and flexibly. Known for accommodating both complex and smaller disputes, the rules are frequently used in Asia and globally. Below is a summary:

1. Structure and Administration

• Administered by: Hong Kong International Arbitration Centre (HKIAC).
• Role of HKIAC: Handles arbitrator appointments, challenges, and administrative support.

2. Commencement of Arbitration

• Notice of Arbitration: Filed to initiate proceedings, detailing the dispute and arbitration agreement.
• Response: The respondent must reply within a set period and may raise counterclaims.

3. Appointment of Arbitrators

• Number: One or three arbitrators, depending on party agreement or HKIAC’s decision.
• Impartiality and Independence: Arbitrators must be neutral and disclose conflicts of interest.
• Challenge of Arbitrators: Parties can challenge appointments over impartiality concerns.

4. Flexible Procedures

• Tribunal Discretion: Arbitrators manage the timetable, hearing formats, and evidence submission.
• Remote Hearings: HKIAC supports virtual and hybrid hearings with digital tools.

5. Emergency Arbitration and Interim Relief

• Emergency Arbitrator: Provides urgent interim relief before the tribunal is constituted.
• Interim Measures: Arbitrators can issue provisional measures, such as asset preservation.

6. Expedited Procedure

• Eligibility: Applicable if the claim amount is below HKD 25 million, or if parties agree.
• Simplified Process: Single arbitrator and award within 6 months from constitution.

7. Costs and Fees

• Flexible Fee Options: Parties can choose between an ad valorem fee (based on dispute value) or an hourly rate system.
• Advance on Costs: HKIAC requests an upfront deposit to cover expenses.
• Cost Allocation: The tribunal decides cost awards based on party conduct and outcome.

8. Confidentiality

• Private Process: Proceedings and awards are confidential unless disclosure is agreed.
• Publication: Awards can be published in anonymized form with party consent.

9. Award and Enforcement

• Binding Award: The final award is enforceable under the New York Convention.
• Correction or Clarification: The tribunal can correct typographical errors or clarify the award on request.

10. Innovative Features

• Arb-Med-Arb (AMA): Allows parties to switch between arbitration and mediation.
• Joinder and Consolidation: HKIAC can consolidate related arbitrations or add new parties.
• Multi-Party and Multi-Contract Disputes: The rules address disputes involving multiple contracts or parties efficiently.

The HKIAC Rules are recognized for their procedural flexibility, transparency, and efficiency, with particular strengths in managing multi-party disputes and incorporating technology. This makes HKIAC a popular choice for cross-border commercial and investment disputes.

?American Arbitration Association (AAA) / International Centre for Dispute Resolution (ICDR) Arbitration Rules:

?The AAA/ICDR Rules govern arbitration administered by the American Arbitration Association (AAA) and its international division, the International Centre for Dispute Resolution (ICDR). These rules emphasize fairness, efficiency, and flexibility in resolving disputes, both domestic and international. Below is a summary:?

1. Structure and Administration

• Administered by: AAA for domestic disputes and ICDR for international cases.
• ICDR Role: Manages the process, including appointing arbitrators, handling challenges, and ensuring smooth proceedings.

2. Commencement of Arbitration

• Notice of Arbitration: The claimant submits a request to initiate arbitration.
• Response: The respondent replies within a set period, potentially including counterclaims.
• Electronic Filing: Both AAA and ICDR encourage digital submissions.

3. Appointment of Arbitrators

• Number: One or three arbitrators, as per agreement or ICDR appointment.
• Impartiality: Arbitrators must be neutral and disclose conflicts of interest.
• Challenge Process: Parties can challenge arbitrators for bias or lack of independence.

4. Flexible Procedures and Case Management

• Tribunal Discretion: Arbitrators manage the timetable, evidence presentation, and hearings.
• Remote Hearings: ICDR allows virtual or hybrid hearings, promoting efficiency.
• Early Disposition: Tribunals may decide claims or defenses early if appropriate.

5. Expedited Procedure

• Eligibility: For smaller claims or if parties agree.
• Simplified Process: A single arbitrator issues a quick decision with limited hearings.

6. Emergency Arbitration and Interim Measures

• Emergency Arbitrator: Available to provide urgent interim relief before the tribunal is constituted.
• Interim Measures: The tribunal can grant provisional relief to preserve assets or evidence.

7. Costs and Fees

• Administrative and Arbitrator Fees: Based on the amount in dispute, with the option for hourly or fixed rates.
• Advance on Costs: ICDR requests deposits to cover arbitration costs.
• Cost Allocation: Arbitrators can allocate costs based on the parties' conduct and the outcome.

8. Confidentiality

• Private Process: Hearings and documents are confidential unless disclosure is required by law or agreed upon.
• Publication: Awards are typically not published without party consent.

9. Award and Enforcement

• Binding and Final Award: The award is enforceable under the New York Convention.
• Correction of Awards: Parties may request corrections for clerical errors within a certain timeframe.

10. Innovative Features

• Mediation-Arbitration Option: Disputes can switch between mediation and arbitration.
• Consolidation and Joinder: ICDR allows combining related disputes or joining additional parties.
• Early Neutral Evaluation: Offers parties a non-binding assessment of their case early in the process.

The AAA/ICDR Rules are recognized for their focus on flexibility, procedural fairness, and efficiency, with strong support for virtual hearings and early resolution mechanisms, making them a practical choice for international commercial disputes.

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UNCITRAL Arbitration Rules:

The UNCITRAL Arbitration Rules, developed by the United Nations Commission on International Trade Law (UNCITRAL), provide a flexible and neutral framework for resolving international disputes. They are widely used in ad hoc arbitrations and are adaptable for institutional settings. Below is a summary of their key features:

1. Structure and Scope

• Ad Hoc Arbitration: These rules are primarily used for arbitrations without institutional supervision but can be administered by institutions (e.g., ICC or PCA).
• Neutral Framework: Designed to ensure impartiality and avoid favoring any specific legal system.

2. Commencement of Arbitration

• Notice of Arbitration: The claimant initiates arbitration by sending a notice with details of the dispute.
• Response: The respondent provides a reply with its defense and any counterclaims.

3. Appointment of Arbitrators

• Number: Typically one or three arbitrators, as agreed by the parties.
• Appointment Process: If parties cannot agree, a neutral appointing authority (like the Permanent Court of Arbitration) may appoint arbitrators.
• Independence: Arbitrators must be impartial and disclose conflicts of interest.

4. Procedural Flexibility

• Tribunal’s Discretion: Arbitrators control the procedure, including hearing formats, timelines, and evidence.
• Remote Hearings: The rules allow for virtual hearings and electronic document submission.

5. Interim Measures and Emergency Relief

• Interim Measures: Arbitrators can order provisional measures (e.g., asset freezing) to prevent harm.
• Emergency Relief: In ad hoc settings, emergency arbitrators may not be available unless an institution is involved.

6. Costs and Fees

• Cost Management: Parties share arbitration costs, and arbitrators determine the allocation in the final award.
• Advance on Costs: Arbitrators may require deposits from the parties to cover expenses.

7. Confidentiality

• Optional Confidentiality: The rules do not mandate confidentiality, but parties can agree to keep proceedings private.

8. Award and Enforcement

• Binding Award: The award is final and enforceable under the New York Convention.
• Corrections and Interpretations: Minor corrections or clarifications can be requested within a specific timeframe.

9. Joinder and Consolidation

• Limited Joinder and Consolidation: Although not as extensive as institutional rules, the tribunal may allow additional parties or consolidation of cases if agreed by all involved.

10. Role of Appointing Authority

• Dispute Management: If parties fail to agree on arbitrators or procedural matters, the appointing authority steps in to assist.
• Flexible Use: Parties can designate any institution or body as the appointing authority.

?The UNCITRAL Arbitration Rules are valued for their neutrality, flexibility, and adaptability to different legal systems. They are widely used for ad hoc arbitration and in investment disputes (e.g., under bilateral investment treaties). Their ability to be tailored to party needs makes them a popular framework for cross-border commercial disputes.

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International Centre for Settlement of Investment Disputes (ICSID) Arbitration Rules:

?The ICSID Rules govern arbitrations administered by the International Centre for Settlement of Investment Disputes (ICSID), primarily focused on resolving investor-state disputes. These rules offer a framework for fair, efficient, and transparent proceedings between foreign investors and sovereign states. Below is a summary:

1. Scope and Application

• Investor-State Disputes: Primarily used for disputes involving foreign investors and host governments.
• Treaty-Based Arbitration: Often invoked under Bilateral Investment Treaties (BITs) or Free Trade Agreements (FTAs).
• Exclusive Jurisdiction: ICSID arbitrations are governed solely by the ICSID Convention, without interference from national courts.

2. Commencement of Arbitration

• Request for Arbitration: Investors file a request detailing the dispute and agreement to arbitrate under ICSID.
• Registration: ICSID reviews the request to confirm jurisdiction and registers the case.

3. Appointment of Arbitrators

• Tribunal Composition: Typically one or three arbitrators, with each party appointing one, and ICSID or parties selecting the presiding arbitrator.
• Neutrality: Arbitrators must be independent, impartial, and disclose potential conflicts of interest.

4. Procedural Flexibility and Case Management

• Tribunal Discretion: Arbitrators manage hearings, timetables, and evidence presentation.
• Preliminary Objections: States can raise objections to jurisdiction early in the process.
• Remote Hearings: ICSID supports virtual and hybrid hearings.

5. Interim Measures and Provisional Relief

• Interim Measures: Tribunals may order measures to protect the parties' interests, such as freezing assets or preserving evidence.
• No Emergency Arbitrator: ICSID does not offer emergency arbitration, but interim measures can be sought once the tribunal is formed.

6. Costs and Fees

• Cost Advances: Parties must deposit funds to cover arbitrator and administrative fees.
• Cost Allocation: The tribunal can allocate costs based on the outcome and party conduct during the proceedings.

7. Transparency and Confidentiality

• Confidentiality: Hearings and documents are generally private unless the parties agree to disclose information.
• Publication: ICSID awards may be published with party consent or under transparency rules in some treaties.

8. Award and Enforcement

• Binding and Final Award: ICSID awards are enforceable in all ICSID member states without needing recognition by domestic courts.
• No Appeal: Awards cannot be appealed, but parties may request annulment for procedural defects through an ICSID Annulment Committee.

9. Post-Award Remedies

• Annulment: Awards can be annulled for serious procedural violations (e.g., lack of jurisdiction or arbitrator misconduct).
• Correction or Revision: Minor errors can be corrected, or awards revised if new evidence emerges.

10. Innovative Features

• Conciliation Option: ICSID offers conciliation services as an alternative to arbitration.
• Investor-State Mediation: ICSID has recently introduced mediation rules to encourage amicable settlements.
• Additional Facility Rules: Allows disputes involving non-ICSID member states to access ICSID’s services.

The ICSID Rules provide a reliable, neutral framework for resolving disputes between foreign investors and states, with the added benefit of direct enforceability under the ICSID Convention. Their specialized focus on investment arbitration makes them a cornerstone of global dispute resolution in this area.

?Grain and Feed Trade Association (GAFTA) Arbitration Rules:

?The GAFTA Arbitration Rules are issued by the Grain and Feed Trade Association (GAFTA) and govern the resolution of disputes in the international trade of grains, animal feed, pulses, rice, and other soft commodities. These rules are widely used in agricultural commodity trade for their specialized, efficient, and quick dispute resolution framework.

1. Scope and Application

• Commodity Trade Disputes: GAFTA rules apply to contracts involving the sale and purchase of grains, feed, and similar products.
• GAFTA Standard Contracts: Many commodity traders use GAFTA’s pre-drafted contract templates, which incorporate the arbitration rules by reference.

2. Commencement of Arbitration

• Notice of Arbitration: A party must notify the other party and GAFTA of the dispute.
• Short Deadlines: Arbitration must typically be initiated within one year of the dispute, reflecting the perishable nature of traded goods.

3. Appointment of Arbitrators

• Two-Tier System: First-Tier Arbitration: Each party appoints one arbitrator, and these arbitrators select a chairperson. Appeal Process: If dissatisfied, parties can appeal to the GAFTA Board of Appeal.
• Specialized Arbitrators: Arbitrators are experienced professionals from the trade industry.

4. Expedited Process

• Quick Resolution: GAFTA emphasizes swift dispute resolution, with awards often issued within months.
• Document-Only Procedure: For straightforward disputes, GAFTA allows arbitrations to be resolved without oral hearings.

5. Costs and Fees

• Arbitration Costs: Parties share the arbitrators' fees and administrative charges, with the tribunal allocating costs in the final award.
• Advance on Costs: GAFTA requires parties to deposit funds to cover arbitration costs.
• Loser Pays Principle: Costs are typically awarded to the winning party.

6. Interim Measures and Default Awards

• No Formal Interim Measures: GAFTA rules do not provide for interim relief but allow for default awards if a party fails to participate.

7. Appeals and Enforcement

• Board of Appeal: Awards can be appealed to the GAFTA Board of Appeal, which issues a final and binding award.
• Enforcement: GAFTA awards are enforceable under the New York Convention and UK arbitration law.

8. Confidentiality

• Private Process: Arbitration proceedings and awards are confidential unless required by law or agreed otherwise.

9. Time Limits for Claims and Awards

• Strict Time Limits: GAFTA ensures disputes are raised and resolved promptly, maintaining the efficiency of commodity trade operations.
• Binding Awards: Awards are typically issued within 21 days after the hearing or submission of documents.

10. Trade-Specific Rules and Practices

• Default and Quality Disputes: GAFTA rules cover specific types of disputes, including default penalties and quality claims.
• Force Majeure Provisions: GAFTA contracts address contingencies such as natural disasters or shipping delays.

The GAFTA Arbitration Rules are highly specialized to meet the needs of the global grain and feed trade, offering speed, industry expertise, and low-cost dispute resolution. Their two-tier system and reliance on experienced arbitrators make them well-suited for efficiently resolving commodity trade disputes.

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Federation of Oils, Seeds, and Fats Associations (FOSFA) Arbitration Rules:

?The FOSFA Arbitration Rules, issued by the Federation of Oils, Seeds, and Fats Associations (FOSFA), govern dispute resolution in the global trade of oilseeds, vegetable oils, and fats. These rules are specifically tailored to the needs of commodity traders, ensuring efficient and industry-specific arbitration.

1. Scope and Application

• Commodity Trade Focus: The rules apply to contracts involving oils, fats, and oilseeds, often using FOSFA standard contracts that incorporate these rules by reference.
• International Application: FOSFA arbitration is widely used in cross-border trade of these commodities.

2. Commencement of Arbitration

• Notice of Arbitration: A party initiates the process by filing a notice to FOSFA and the opposing party.
• Time Limits: Arbitration must typically be initiated within one year from the date of the dispute or delivery to ensure efficiency.

3. Appointment of Arbitrators

• Two-Tier Arbitration System: First-Tier Arbitration: Each party appoints one arbitrator, and the two selected arbitrators choose a third arbitrator or umpire. Appeal to FOSFA Appeal Board: If dissatisfied with the first award, parties can appeal to the Board of Appeal for a final decision.
• Industry Experts: Arbitrators are experienced professionals in the oils, seeds, and fats trade.

4. Procedural Flexibility

• Document-Only Arbitration: For straightforward cases, disputes may be resolved based on submitted documents without an oral hearing.
• Tribunal’s Discretion: Arbitrators manage the procedure, including timetables and evidence submission.

5. Costs and Fees

• Advance Deposits: Parties are required to pay deposits to cover arbitration costs.
• Costs Allocation: The tribunal awards costs based on the outcome and party behavior, typically favoring the winning party.

6. Interim Measures and Default Awards

• Limited Interim Relief: FOSFA rules do not offer formal emergency arbitration but allow for default awards if a party fails to participate.

7. Appeals and Enforcement

• Board of Appeal: If dissatisfied, parties can appeal to the FOSFA Appeal Board, whose award is final and binding.
• Enforcement: Awards are enforceable under the New York Convention and UK arbitration law.

8. Confidentiality

• Private Proceedings: Arbitration is confidential unless disclosure is required by law or agreed by both parties.

9. Time Limits for Awards and Claims

• Quick Resolution: Awards are typically issued within 21 days after the hearing or submission of documents.
• Strict Time Limits: Claims and appeals must be filed within prescribed periods to ensure efficiency.

10. Industry-Specific Rules and Practices

• Force Majeure and Quality Claims: FOSFA contracts address issues such as force majeure, quality testing, and late delivery penalties.
• Specialized Disputes: The rules cover disputes related to shipment delays, quality disputes, and contamination in the oil and fats trade.
• The FOSFA Arbitration Rules provide an efficient, trade-focused framework for resolving disputes in the oils and fats sector. With specialized arbitrators, quick timelines, and a two-tier system, these rules meet the needs of commodity traders by minimizing delays and costs while ensuring industry expertise.

[i] Zafar Iqbal Kalanauri , Barrister, Advocate Supreme Court of Pakistan, Arbitrator, Mediator, White Collar Crime Investigator, Reformist of Legal System & Legal Education and a Professor of Law, Zafar Kalanauri & Associates,128-A Upper Mall Scheme, Lahore 54000, Pakistan. Cell: (+92) 300-4511823; E-mail:?[email protected]?;Website: https://www.zafarkalanauri.com

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