International arbitration and cross-border disputes skill. Use when the user needs assistance with international arbitration, ICC, LCIA, SIAC, investment arbitration, treaty claims, arbitration clauses, or enforcement of foreign arbitral awards. Triggers on keywords like "international arbitration", "ICC", "LCIA", "SIAC", "ICSID", "New York Convention", "arbitration clause", "investment treaty", "BIT", "enforcement", "arbitral award".
This skill provides expert guidance for international commercial and investment arbitration.
| Institution | Seat | Specialty |
|---|---|---|
| ICC | Paris | General commercial |
| LCIA | London | General commercial |
| SIAC | Singapore | Asia-Pacific |
| HKIAC | Hong Kong | Asia, China-related |
| SCC | Stockholm | Eastern Europe, energy |
| ICDR | New York | Americas |
| VIAC | Vienna | Central Europe |
| DIAC | Dubai | Middle East |
| CIETAC | Beijing | China |
Key Features:
ICC Costs:
ICC Timeline:
Request for Arbitration → Answer (30 days) →
Constitution of Tribunal → Terms of Reference →
Case Management Conference → Procedural Timetable →
Written Submissions → Document Production →
Hearing → Post-Hearing Briefs → Award
Key Features:
LCIA Advantages:
Key Features:
SIAC for Asia:
ARBITRATION CLAUSE - KEY COMPONENTS
1. Agreement to arbitrate
"Any dispute arising out of or in connection with
this contract shall be finally resolved by arbitration"
2. Institutional rules or ad hoc
"under the Rules of the ICC"
3. Seat of arbitration
"The seat of arbitration shall be Singapore"
4. Number of arbitrators
"The arbitral tribunal shall consist of three arbitrators"
5. Language
"The language of the arbitration shall be English"
6. Governing law of contract
"This contract shall be governed by English law"
ICC Model Clause:
"All disputes arising out of or in connection with the
present contract shall be finally settled under the
Rules of Arbitration of the International Chamber of
Commerce by one or more arbitrators appointed in
accordance with the said Rules."
LCIA Model Clause:
"Any dispute arising out of or in connection with this
contract, including any question regarding its existence,
validity or termination, shall be referred to and finally
resolved by arbitration under the LCIA Rules, which Rules
are deemed to be incorporated by reference into this clause.
The number of arbitrators shall be [one/three].
The seat, or legal place, of arbitration shall be [City].
The language to be used in the arbitral proceedings
shall be [language].
The governing law of the contract shall be the
substantive law of [jurisdiction]."
SIAC Model Clause:
"Any dispute arising out of or in connection with this
contract, including any question regarding its existence,
validity or termination, shall be referred to and finally
resolved by arbitration administered by the Singapore
International Arbitration Centre ("SIAC") in accordance
with the Arbitration Rules of the Singapore International
Arbitration Centre ("SIAC Rules") for the time being in
force, which rules are deemed to be incorporated by
reference in this clause."
| Issue | Problem | Solution |
|---|---|---|
| Non-existent institution | "Chamber of Commerce of Geneva" | Identify correct institution |
| Hybrid clause | "Arbitration or litigation" | Choose one mechanism |
| Impossible procedure | Contradictory requirements | Clarify and amend |
| Missing seat | No seat specified | Default rules apply |
PHASE 1: COMMENCEMENT (Weeks 1-8)
- Request/Notice of Arbitration
- Response
- Constitution of Tribunal
PHASE 2: PRELIMINARY (Weeks 9-16)
- Procedural Conference
- Terms of Reference (ICC)
- Procedural Order No. 1
- Document production schedule
PHASE 3: WRITTEN SUBMISSIONS (Weeks 17-32)
- Statement of Claim
- Statement of Defense
- Reply
- Rejoinder
PHASE 4: DOCUMENT PRODUCTION (Weeks 20-28)
- Requests for production
- Objections
- Tribunal decision
- Production
PHASE 5: WITNESS/EXPERT STATEMENTS (Weeks 33-44)
- Fact witness statements
- Expert reports
- Reply statements/reports
PHASE 6: HEARING (Weeks 45-48)
- Pre-hearing conference
- Evidentiary hearing
- Closing submissions
PHASE 7: POST-HEARING (Weeks 49-56)
- Post-hearing briefs
- Cost submissions
- Award
Document Production (Article 3):
Witness Evidence (Articles 4-5):
Experts (Articles 5-6):
| Tool | Purpose |
|---|---|
| Bifurcation | Separate liability/quantum |
| Document-only arbitration | No oral hearing |
| Witness conferencing | Concurrent expert testimony |
| Chess clock | Time management |
| Tribunal secretary | Administrative support |
Requirements:
ICSID Features:
| Standard | Description |
|---|---|
| Fair and equitable treatment | Good faith, legitimate expectations |
| Full protection and security | Physical and legal security |
| Non-discrimination | National treatment, MFN |
| Expropriation | Direct and indirect taking |
| Free transfer | Repatriation of funds |
| Umbrella clause | Contractual obligations |
Key Provisions:
Common Claims:
Purpose: Recognition and enforcement of foreign arbitral awards
Contracting States: 172 (as of 2024)
Requirements for Enforcement:
| Ground | Description |
|---|---|
| V(1)(a) | Invalid agreement |
| V(1)(b) | No proper notice, unable to present case |
| V(1)(c) | Award beyond scope |
| V(1)(d) | Composition/procedure not as agreed |
| V(1)(e) | Award not binding or set aside |
| V(2)(a) | Subject matter not arbitrable |
| V(2)(b) | Contrary to public policy |
1. Obtain certified copy of award
2. Obtain certified copy of arbitration agreement
3. Translate documents (if needed)
4. File application in enforcement court
5. Serve on award debtor
6. Opposition (limited grounds)
7. Court decision
8. Execute judgment
| Jurisdiction | Grounds |
|---|---|
| France | Excess of jurisdiction, due process, public policy |
| England | Substantive jurisdiction, serious irregularity, point of law |
| Singapore | Similar to UNCITRAL Model Law |
| Switzerland | Jurisdiction, composition, due process, public policy |
| Jurisdiction | Deadline |
|---|---|
| France | 1 month from service |
| England | 28 days from award |
| Singapore | 3 months from receipt |
| Switzerland | 30 days from receipt |
| Approach | Description |
|---|---|
| Costs follow the event | Loser pays (English approach) |
| American rule | Each party bears own costs |
| Proportional | Based on degree of success |
| Mixed | Institution fees shared, legal costs follow event |
| Institution | Availability | Timeline |
|---|---|---|
| ICC | Article 29 | 15 days for decision |
| LCIA | Article 9B | Expedited |
| SIAC | Schedule 1 | 14 days |
| HKIAC | Schedule 4 | 15 days |
For detailed guidance:
references/institution-comparison.md - Institutional rules comparisonreferences/enforcement-guide.md - New York Convention proceduresreferences/investment-arbitration.md - ICSID and BIT claims