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Materıals On Internatıonal Arbıtratıon

Materıals On Internatıonal Arbıtratıon

- Vedat Kitapçılık

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Wegen/Esin/Shore International Arbitration Rules Foreword Some six years have passed since the Turkish Parliament adopted the Act on International Commercial Arbitration modelled after the UNICTRAL Model Law of 1985 and the Chapter on International Arbitration of the 1987 Swiss Private International Law Act. This was preceded by Turkey becoming a signatory to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958, the ICSID Washington Convention on Settlement of Investment Disputes of 1965 and quite a number of bilateral investment treaties. Arbitration has come to play a role in international commercial business of Turkey as well as in Turkish state contracts involving concessions and infrastructure projects. With ali the conventional framevvork in place, Turkey emerges also as a potential regional centre for dispute resolution involving Europe and Central Asia as well as the Islamic world; this would include the Balkans, Caucasus and the Middle East. Three law firms, Esin & Co. in istanbul, Gleiss Lutz in Germany and Herbert Smith principally located in London/UK initiated a First istanbul International Arbitration Day in March 2003, which was successful in ali respects. At the occasion of that seminar, partners of those three firms, but also eminent speakers from other law firms presented a full day packed programme to 220 participants. At the time, Dr. ismail Esin, Dr. Julian Lew and Professor Dr. Gerhard VVegen put together a volume on "Materials on International Arbitration" in the English and Turkish languages, the fırst such book to appear as a compilarion of arbitration rules in Turkey. With the Second istanbul International Arbitration Day, again organised by Esinlsmen, Gleiss Lutz and Herbert Smith, taking place on November 20, 2007, the editors of the three law firms felt that a new, modernised and enlarged book on International Arbitration Rules would be vvarranted. This is the more so the case as such a book is also stili not readily available in either Europe or the US. The Second istanbul International Arbitration Day will present speakers of the three fırms as well as leading experts from other law fırms and institutions, spanning in particular dispute settlement in real estate as well as M&A, relating to ICSID and Energy Charter Treaty arbitration, an update on Turkish arbitration, the recognition and enforcement of foreign arbitral awards in Turkey, commenting upon European arbitration institutions, dealing with ethics in -arbitration and fınally presenting a round table on Turkey as a regional centre for arbitration. This book contains some 13 important international institutional arbitration rules, the two majör international conventions in place, important materials on international arbitration such as IBA guidelines and rules as well as UNCITRAL documents, and fınally also the Turkish law in point. The institutional arbitration rules span the US, Europe as well as the main institutions in Asia in their most recent version. This book is published in English first, and we hope to have a Turkish translation thereof to be readily available in due course. Lastly, we would very much like to take this opportunity to thank [ ] for her assistance in translations and editing of this book. Stuttgart / istanbul / London November 9, 2007 Professor Dr. Gerhard Wegen Dr. ismail Esin Professor Dr. Laurence Shore Acknowledgement We would like to thank to the Esinlsmen team especially to Eda Kayıtmazer, Roxana Savin and Gözde Erkoç for their contribution to the editing and the translation of this book. Lastly we would also like to thank to the Publisher Vedat Carbaş and to the editör Sami Abbas for their efforts to publish the book in a very short period of time. Professor Dr. Gerhard Wegen Dr. ismail G. Esin Professor Dr. Laurence Shore TABLE OF CONTENTS FOREWORD 3 ACKNOWLEDGEMENT 5 A. International Arbitration Rules 9 1. Rules of Arbitration of the International Chamber of Commerce 1998 (ICC Rules) 11 2. London Court of International Arbitration Rules 1998 (LCIA Rules) 43 3. Arbitration Rules of the German Institution of Arbitration 1998 (DISRules) 69 4. UNCITRAL Arbitration Rules 1976 95 5. World Intellectual Property Organization Arbitration Rules 2002 (WIP0 Rules) 119 6. Rules of Arbitration of the International Centre for Dispute Resolution 2003 (ICDR Rules) 153 7. Arbitration Rules of the International Centre for the Settlement of Investment Disputes 2006 (ICSID Rules) 173 8. Swiss Rules of International Arbitration 2004 (Swiss Rules) 207 9. Rules of Arbitration and Conciliation of the International Arbitral Centre of the Austrian Federal Economic Chamber in Vienna 2006 (Vienna Rules) 239 10. Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce 2007 (SCC Rules) 267 11. Arbitration Rules of the Singapore International Arbitration Centre 2007 (SIAC Rules) 287 12. Procedures for the Administration of International Arbitration of the Hong Kong International Arbitration Centre 2005 (HKIAC Rules) 309 13. China International Economic and Trade Arbitration Commission Arbitration Rules 2005 (CIETAC Rules) 319 B. International Conventions 349 14. New York Convention 1958 351 15. Washington Convention 1965 359 C. Support Materials on International Arbitration 3 87 16. IBA Rules on the Taking of Evidence in International Commercial Arbitration 1999 389 17. IBA Guidelines on Conflicts of Interest in International Arbitration 2004 405 18. UNCITRAL Model Law on International Commercial Arbitration 1985 427 19. UNCITRAL Notes on Organizing Arbitral Proceedings 1996 453 D. TurkishLaw 483 20. International Arbitration Law No. 4686 485 21. Law on Procedures of Private International Law No. 2675 507