The Book of Jargon® – International Arbitration

An online glossary of international arbitration terminology.

The Book of Jargon® – International Arbitration is one of a series of practice area-specific glossaries published by Latham & Watkins.

The definitions contained herein provide an introduction to the applicable terms and they raise complex legal issues on which specific legal advice will be required. The terms are also subject to change as applicable laws and customary practice evolve.

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The information contained is not legal advice and should not be construed as such. 

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  • AAA:
    acronym for the American Arbitration Association.
    AAA Rules:
    Arbitration Rules promulgated by the AAA. There are several sets of AAA Rules for different types of Dispute. Examples include the AAA’s Commercial Arbitration Rules, Construction Arbitration Rules, Employment Arbitration Rules and International Rules. International cases, regardless of the rules, are administered by the ICDR, the international arm of the AAA.
    AAA/ABA Code of Ethics for Arbitrators in Commercial Disputes:
    the AAA/ABA guidelines on generally accepted standards of ethical conduct for Arbitrators in Commercial Arbitration. Originally produced by a joint committee of the AAA and the ABA in 1977, the Code of Ethics was revised in 2004 by an ABA Task Force and special committee of the AAA. The Code of Ethics aims to preserve the integrity and fairness of the Arbitral process and establishes a presumption of neutrality for all Arbitrators (but provides for specific ethical considerations relating to non-neutral party-appointed Arbitrators), and requires Arbitrators to disclose any facts which might affect their partiality.
    ABA:
    acronym for the American Bar Association.
    Abandonment:
    a party’s conduct or lack of conduct in relation to an Arbitration Agreement which indicates that it no longer intends to rely upon or be bound by that agreement. Abandonment may occur if, for example, a party to an Arbitration Agreement commences court proceedings in breach of the Arbitration Agreement or submits to the Jurisdiction of a court in relation to a Dispute within the scope of the Arbitration Agreement. See also Waiver.
    Abeyance:
    suspension (of Arbitration proceedings). Under the ICC Rules the ICC Court may require the payment of administrative expenses as a condition for holding an Arbitration in abeyance. See Stay (of Proceedings or Execution).
    Abs-Shawcross Draft Convention:
    a draft multilateral convention for the protection of private foreign investment, which contained (inter alia) the minimum protections of FET and lawful Expropriation. Dr. Hermann Abs of Germany and Lord Shawcross of the United Kingdom drew up this proposed Treaty in 1959, but it was never adopted.
    Abu Dhabi Commercial Conciliation and Arbitration Centre (ADCCAC):
    an Arbitral Institution based in Abu Dhabi and established in 1993 to solve national and international commercial Disputes.
    Abuse of Power:
    a course of conduct which involves the use of power or authority for purposes other than for which it was conferred.
    Abuse of Process:
    the use of a litigation or Arbitration proceeding, or a particular element thereof, for a purpose or in a way significantly different from its ordinary and proper use (for example, bringing claims which have or should have been dealt with in a prior proceeding). If conduct amounts to an Abuse of Process it may render a claim, partially or entirely, inadmissible or remove the Jurisdiction of the court or Arbitral Tribunal to determine the claim(s) tainted by the Abuse of Process.
    Abuse of Rights:
    the exercise of a legal right other than in accordance with its intended purpose. In ITA, a Respondent State sometimes raises allegations of Abuse of Rights against a foreign investor in respect of alleged Treaty Shopping.
    Accession (to a Treaty):
    the formal process by which a sovereign State agrees to be bound by the terms of an existing international Treaty. The necessary formalities for Accession vary among States and Treaties.
    ACICA:
    acronym for the Australian Centre for International Commercial Arbitration.
    ACICA Rules:
    Arbitration Rules promulgated by the ACICA.
    Action en Inopposabilité:
    a petition, under French law, for a declaratory court Order preventing the automatic Enforcement of a foreign judgment, pending the granting of Exequatur. Under French law this remedy cannot be used with respect to international Arbitral Awards.
    Ad Hoc Arbitration:
    an Arbitration not administered by an Arbitral Institution, in which the parties and/or the Tribunal independently determine the procedure (which may, if the parties agree) be that contained in a national law, such as the English Arbitration Act. Parties often choose the UNCITRAL Rules and this will constitute an Ad Hoc Arbitration unless they also agree (as is common) to the involvement of an Arbitral Institution to administer their Arbitration.
    Ad Hoc Committee:
    a panel formed of three members in accordance with the ICSID Convention to adjudicate a request for the Annulment of an ICSID Arbitration Award on the grounds set out under Article 52(1) of the ICSID Convention.
    Additional Award:
    a further Arbitration Award made by an Arbitral Tribunal (either of its own volition or upon the request of a party) in respect of a matter which was referred to the Arbitral Tribunal but was not dealt with in the Final Award. National laws and Arbitration Rules often provide for Additional Awards when appropriate and subject to time limits.
    Additional Party:
    a party which was not part of the original reference to Arbitration but is later sought to be joined to the proceedings. Arbitration Rules and National Laws have various different approaches to the treatment of Additional Parties.
    Adjudicability:
    whether or not the matter is capable of being resolved by the chosen procedure. For example, Adjudicability can be determined due to the nature of the subject-matter or the lack of capacity of one or more of the parties.
    Adjudication:
    can simply mean the process by which a formal decision is taken but can also refer to specific forms of ADR. For example, for English construction Disputes, Adjudication refers to a procedure provided for by the Housing Grants, Construction and Regeneration Act 1996, whereby Disputes are referred to an adjudicator for resolution pursuant to an Expedited Procedure, following which the adjudicator’s decision is final and binding unless the Dispute is referred to Arbitration or litigation within a limited time, or is resolved by agreement between the parties.
    Administered Arbitration:
    an Arbitration conducted with the support of an Arbitral Institution (e.g., the ICC or LCIA) in relation to, for example, the Appointment of Arbitrators, challenges to Arbitrators and the collection of Arbitrators’ fees. See also Institutional Arbitration.
    Administration of Justice:
    the legal process through which the rule of law is upheld by way of enforcing public and private rights and responsibilities through courts, Arbitral Tribunals or other mechanisms enabled under the relevant legal system and conducted according to its governing rules and principles.
    Administrative Conference:
    a meeting held under the AAA/ICDR International Arbitration Rules, at the request of any party or upon the AAA’s own initiative, to address certain preliminary and administrative matters (e.g.Arbitrator selection, Mediation of the Dispute or the potential exchange of information). See also Case Management Conference.
    Administrative Fees:
    the charges levied by an Arbitral Institution for administering an Arbitration. Administrative Fees may, depending on the Arbitral Institution, be charged either on an hourly basis or by reference to the amount in Dispute.
    Administrative Secretary:
    a person (often a junior lawyer) appointed to provide certain services to the Arbitral Tribunal. The scope of the services that the Administrative Secretary should provide has been the subject of much discussion, given the need to ensure that the Arbitral Tribunal remains the ultimate decision maker. Therefore, whilst assistance in the organization of an Arbitration may be uncontroversial, some parties may object to an Administrative Secretary being involved in researching points of law or the drafting of even the procedural aspects of an Award. In order to provide guidance on the use of an Administrative Secretary, the LCIA has published notes for arbitrators which highlight best practice principles with respect to using an Administrative Secretary. Similarly, the Young ICCA (a world-wide arbitration knowledge network) has published a guide on secretaries in Arbitration. Also referred to as a Tribunal Secretary.
    Admissibility:
    whether a matter should be allowed into the Arbitration by the Arbitral Tribunal such that it may be determined or taken into account. Often referred to in the context of whether the use of particular evidence should be allowed. See Admissibility of Evidence.
    Admissibility of Evidence:
    the question as to whether evidence can be introduced and used in Arbitral proceedings (often contrasted with the question of the weight to be given to that evidence once admitted).
    Admission:
    an acknowledgement of the truth of a fact which is made by or on behalf of a party to a Dispute, whether before or during formal proceedings. An Admission may be made in writing or orally and does not usually require any particular formalities. An Admission may also refer to the procedure in which a foreign qualified lawyer is admitted to appear before a foreign court in circumstances such as if an Award has been challenged.
    Admission Clauses:
    a clause in an Investment Treaty that enables the Host State to refuse admission of certain investors in relation to certain types of investments. Admission Clauses provide a means for Host States to control the entry and establishment of foreign investment.
    Admission of Evidence:
    the decision taken by an Arbitral Tribunal to allow particular evidence to be introduced and used in the proceedings.
    Admission Requirements:
    stipulations which a Host State may impose in its exercise of a policy decision as to whether and, if so, on what basis it will admit foreign investments in its territory.
    Certain Investment Treaties limit the admission of foreign investments to some degree or in certain sectors. Some Investment Treaties specify those economic sectors in which foreign investments are permitted, whilst others identify only those in which foreign investments is prohibited (e.g., domestic defence industry, energy sector).
    Adoption (of a Treaty):
    the formal process by which Treaty-making States consent to the final draft text and “adopt” it in that form to be memorialised. In this regard, Article 9 of the VCLT provides that:
    “1. The adoption of the text of a treaty takes place by the consent of all the States participating in its drawing up except as provided in paragraph 2.
    2. The adoption of the text of a treaty at an international conference takes place by the vote of two thirds of the States present and voting, unless by the same majority they shall decide to apply a different rule.”

    ADR:
    acronym for Alternative Dispute Resolution or Amicable Dispute Resolution.
    ADR Chambers Canada:
    an Arbitral Institution based in Toronto and established in 2013, which administers both Mediations and Arbitrations.
    ADR Institute of Canada:
    an Arbitral Institution based in Toronto which supports Dispute resolution through Arbitration and ADR, such as Mediation.
    Advance on Costs:
    a sum paid in respect of future fees and expenses of the Arbitral Tribunal and, if applicable, the Arbitral Institution. The sums requested and the timing of the requests for advances on costs depend on the applicable Arbitration Rules. For example, under the ICC Rules the fees of the Arbitrators and the ICC are fixed by reference to a scale depending upon the amount in Dispute, and the advances on costs are taken primarily in two tranches at an early stage in the Arbitration. In contrast, the LCIA Arbitration Rules provide for fees to be calculated according to hourly rates and the advances on costs are requested periodically in order to cover the next stage of the Arbitration.
    Adverse Inference:
    a presumption by an Arbitral Tribunal of a fact which is contrary to the interests of a party due to the conduct of that party. For example, if a party destroys, conceals or fails without good reason to produce evidence subject to its control an Arbitral Tribunal may infer that the evidence in question was adverse to that party’s case. See also IBA Rules on the Taking of Evidence.
    Adverse Witness:
    a witness whose evidence an opposing party puts forward to support its case or rebut that of another party.
    AFA:
    acronym for the Association Française d’Arbitrage and also Alternative Fee Arrangement.
    AFA Rules:
    Arbitration Rules promulgated by the AFA.
    Affirmation:
    the formal confirmation of a person that what they are saying, for example in a witness statement, is true. Some National Laws allow the Arbitral Tribunal to require a party or witness to be examined on oath or affirmation.
    AFTA:
    acronym for ASEAN Free Trade Agreement.
    Agreement for the Promotion and Protection of Investments (ASEAN):
    an MIT adopted by all ASEAN member states which provides for certain protections of investments originating from one contracting State in another contracting State. These protections include, for example, an obligation on the Host State to ensure the FET and full security of the investment, and the benefit of the Most-Favored Nation Treatment. The Agreement also contains an ISDS mechanism.
    Agreement for the Promotion and Protection of Investments (ASEAN) plus 3:
    a framework for political, security, economic, financial, and socio-cultural cooperation between (1) ASEAN, and (2) China, Japan, and South Korea.
    Agreement on Trade-Related Investment Measures:
    an agreement between all members of the WTO which contains, among other legal requirements, a list of measures that member states undertake not to implement, through their domestic laws and regulations, against foreign investors including measures that discriminate against foreign products or that lead to quantitative restrictions.
    Agreement to Abandon:
    a binding agreement between parties to an Arbitration not to continue with arbitral proceedings. See also Abandonment and Waiver.
    Agreement to Arbitrate:
    see Arbitration Agreement.
    AIAC:
    acronym for Asia International Arbitration Centre.
    Algiers Declarations:
    two Declarations and accompanying technical implementation agreements announced by the Government of Algeria in 1981 to resolve the diplomatic crisis between Iran and the United States arising out of the 1979 hostage crisis. Included in the Declarations is each State’s reciprocal undertakings and the terms upon which the Iran-United States Claims Tribunal was established.
    Algiers General Declaration:
    Declaration dated 19 January 1981 setting out the commitments made by the governments of Iran and the United States to resolve the 1979 hostage crisis.
    Allocation of Costs:
    the Arbitral Tribunal’s apportionment of sums incurred in relation to the Arbitration. Many Arbitration Rules and therefore Arbitral Tribunals adopt, as a starting point, a rebuttable presumption that the losing party should pay the successful party its reasonable costs. Of course, in many cases there will be a number of issues, not all of which may be decided in favor of one party, in which case some Arbitral Tribunals may divide the responsibility for costs between the parties as they consider appropriate in the circumstances.
    Alter Ego:
    an alternative or secondary personality. A Non-Signatory to an Arbitration Agreement may be bound by its terms if that party can be considered an ‘alter ego’ of another party which is bound by that Arbitration Agreement. The parties’ separate legal forms are disregarded and they are essentially treated as one entity.
    Alternative Dispute Resolution (ADR):
    sometimes refers to forms of Dispute Resolution that are alternatives to litigation (which would therefore include Arbitration) but commonly outside the USA refers only to the alternatives which do not involve any binding decision by a third party, such as Mediation. The confusion in the use of the term has led some to redefine ADR as Amicable Dispute Resolution.
    Alternative Fee Arrangement:
    an arrangement between a law firm and its client in which the client provides compensation to the firm based on a structure other than hourly billing. For example, some fee arrangements are based on a fixed fee and others can be based on a contingency such as success in an Arbitration.
    American Arbitration Association (AAA):
    one of the world’s largest Arbitral Institutions. The AAA administers a large number of domestic and international Disputes through its network of US offices. The international branch of the AAA, the ICDR, administers International Arbitrations pursuant to international rules through centres in New York and Dublin, Ireland.
    American Bar Association (ABA):
    a voluntary professional organization founded in 1878 and headquartered in Chicago, Illinois. The ABA aims to support the legal profession with practical resources, improve the Administration of Justice, accredit law schools and establish model ethical codes.
    American Convention on Human Rights (also known as the Pact of San José, Costa Rica):
    an international human rights convention adopted in 1969 between certain Central and South American countries which establishes general obligations of the State parties to uphold the fundamental rights set forth in the Convention and to adapt their domestic laws to bring them in line with the Convention. The Inter-American Commission on Human Rights and the Inter-American Court of Human Rights are bodies established to oversee compliance with the Convention. Both are organs of the OAS.
    American Society of International Law (ASIL):
    a non-profit organization founded in 1906 and based in Washington, D.C., USA, with the stated objective “to foster the study of international law and to promote the establishment and maintenance of international relations on the basis of law and justice.”
    Amiable Compositeur:
    an Arbitral Tribunal empowered to decide a Dispute in accordance with its notions of fairness — Ex Aequo et Bono — according to “equity”, rather than being bound to decide according to the parties’ strict legal rights. The effect of empowering an Arbitral Tribunal to decide the Dispute in this way differs depending upon the Applicable Law. For example, under English law, it might rule out any possibility of an Appeal on a question of law.
    Amicable Dispute Resolution (ADR):
    procedures which seek to resolve Disputes without involving any binding decision by a third party, such as Mediation and Conciliation.
    Amici Curiae / Amicus Curiae:
    a person or organization not party to the Dispute but with a perspective or an interest in interjecting from which an Arbitral Tribunal might benefit in the determination of a Dispute.
    A-National Arbitration:
    a theory that International Arbitration does not need to be governed by a national law / Procedural Laws. See Delocalization.
    Ancillary Claim:
    a claim that is incidental to the primary claim made by a party in that it either arises from the primary claim or is otherwise connected to it.
    Annulment / Annulment of Award:
    an instance in which an Award is nullified or set aside after a successful challenge to its validity. An Award may be annulled in whole or in part. The grounds for Annulment vary between Jurisdictions but common bases include that there is no valid Arbitration Agreement, a party has been denied procedural fairness, the Arbitral Tribunal has exceeded its authority or the Award is contrary to public policy.
    Annulment Committee:
    an Ad Hoc Committee comprised of three members selected from the ICSID Panel of Arbitrators and Conciliators for the purposes of deciding on an application for the Annulment of an ICSID Award pursuant to Article 52 of the ICSID Convention. The Annulment Committee may annul an ICSID Award on five grounds:
    (a) that the Tribunal was not properly constituted;
    (b) that the Tribunal has manifestly exceeded its powers;
    (c) that there was corruption on the part of a member of the Tribunal;
    (d) that there has been a serious departure from a fundamental rule of procedure; or
    (e) that the Award has failed to state the reasons on which it is based.

    Answer to Request for Arbitration:
    the Respondent’s response to the Request for Arbitration in, for example, Arbitrations under the ICC Arbitration Rules. Under some other Arbitration Rules, such as the LCIA Arbitration Rules, the equivalent document is called the response or Reply. As well as replying to the factual and legal claims made by the Claimant in the Request for Arbitration, the Answer may need to raise any Counterclaims and/or jurisdictional objections and include the Respondent’s Nomination of an Arbitrator.
    Antecedent Bias:
    see Bias.
    Anti-Arbitration Injunction:
    an Order a court or Arbitral Tribunal grants that prohibits a party from commencing or continuing Arbitration proceedings. Anti-Arbitration Injunctions are typically sought from courts on the basis that there is no valid Arbitration Agreement or the parties have not agreed to submit the particular claims to Arbitration.
    Anti-Arbitration Order:
    see Anti-Arbitration Injunction.
    Anti-Suit Injunction:
    an Order a court or Arbitral Tribunal grants that prohibits a party from commencing or continuing court proceedings in another forum in breach of, or otherwise inconsistent with, the Arbitration Agreement.
    Anton Piller Order:
    a search and seizure Order a court or Arbitral Tribunal makes to preserve the subject matter of a claim or evidence related to the claim, by allowing the applicant’s lawyers to search another party’s premises and seize items covered by the Order.
    Appeal:
    a referral of an Award to a national court or, occasionally, another Arbitral Tribunal for reconsideration of the Merits. In many Jurisdictions (including those which have adopted the UNCITRAL Model Law) there is no right of Appeal. England and Wales is unusual in providing a limited statutory right to appeal on a question of English law, unless the parties agree otherwise. It is common for parties to International Arbitrations to have excluded any right of Appeal and some of the well-known Arbitration Rules, such as those of the ICC and LCIA (but notably not UNCITRAL) expressly waive any right to appeal. Appeals should not be confused with Challenge to Award, Annulment, or Set Aside.
    Appellate Body:
    a standing body that hears Appeals against reports issued by WTO Panels in Disputes brought by WTO members. The Appellate Body can uphold, modify or reverse the legal findings and conclusions of a WTO Panel.
    Applicable Law:
    a widely used and convenient term which means the law which applies. International Arbitrations may require the application of more than one law.
    See also Governing Law, Lex Arbitri, Lex Fori, Lex Mercatoria, and Procedural Law.
    Application Lists:
    a matrix in the IBA Guidelines on Conflicts of Interest which provides guidance on the management of conflicts of interest and a non-exhaustive list of the types of circumstances which warrant Disqualification of an Arbitrator and/or which require disclosure of matters which may impact on the Independence or Impartiality of an Arbitrator. See Green List, Orange ListWaivable Red List and Non-Waivable Red List.
    Appointing Authority:
    a neutral authority, usually an Arbitral Institution or officer within an institution, designated by the parties, or having the power under the Arbitration Rules, to appoint an Arbitrator.
    Appointment of Arbitrators / Appointment Procedure:
    the process by which persons become part of the Arbitral Tribunal. The process for Appointment of Arbitrators may be agreed to by the parties and set out in the Arbitration Agreement or may be designated in the applicable Arbitration Rules.
    Apportionment of Costs:
    see Allocation of Costs.
    Arab Investment Agreement:
    abbreviation for the Unified Agreement for the Investment of Arab Capital in the Arab States. A multilateral Treaty among the member states of the Arab Union, signed on 26 November 1980, with the objective of promoting investment between members of the Arab Union.
    Arab Investment Court:
    a multilateral investment court established by the Arab Investment Agreement for the purpose of settling Disputesbrought before it by either party to an investment which relate to or arise from application of the provisions of the Arab Investment Agreement.” The Arab Investment Court is based at the headquarters of the Arab Union in Cairo, Egypt.
    Arab Union:
    abbreviation for the League of Arab States. A regional organization founded in Cairo, Egypt, on 22 March 1945, currently comprised of 22 member states. The main purpose of the Arab Union, as stated in Article 2 of the Pact of the League of Arab States, is to “draw closer the relations between member states and co-ordinate their political activities with the aim of realizing a close collaboration between them, to safeguard their independence and sovereignty, and to consider in a general way the affairs and interests of the Arab countries.
    Arbitrability:
    the question of whether a particular Dispute can be resolved through Arbitration. This is usually a matter of public policy in the relevant State, and which types of Dispute (for example, bankruptcy, matrimonial and criminal matters) it wishes to reserve to the Jurisdiction of its National Courts. If a Dispute is not arbitrable under an Applicable Law (for example, the law of the agreement, the Place of Arbitration or the place of Enforcement) any Award might be unenforceable.
    Arbitral:
    pertaining to Arbitration, such as an Arbitral Tribunal.
    Arbitral Award:
    see Award.
    Arbitral Decision:
    see Award.
    Arbitral Institution:
    an organization which administers Arbitrations, usually dealing with matters such as the Appointment of Arbitrators, challenges to Arbitrators, and the fixing and payment of their remuneration. The Arbitral Institution generally does not decide the merits of the Dispute, which is a matter for the Arbitral Tribunal. Notable examples of Arbitral Institutions are the AAA, CIETAC, DIFC-LCIA, DIS, ICC, LCIA, SCC, SIAC, ICSID, ICDR, and HKIAC.
    Arbitral Tribunal:
    the Arbitrator(s) (usually one or three) appointed to resolve the Disputes between the parties.
    Arbitration:
    a private form of final and binding Dispute resolution by an Impartial Arbitral Tribunal, based upon the agreement of the parties but regulated and enforced by the State.
    Arbitration Agreement:
    a contract between parties to submit their Disputes (existing and/or future) to Arbitration. Whilst such agreement usually consists of a clause(s) within another contract, it is generally deemed by the Applicable Law to be a separate agreement which will, for example, survive the termination of the contract of which it forms a part.
    Arbitration and Conciliation Center of the Chamber of Commerce of Arequipa:
    an Arbitral Institution based in Arequipa, Peru, and established in 1993.
    Arbitration and Conciliation Center of the Chamber of Commerce of Guatemala (CENAC):
    an Arbitral Institution based in Guatemala City, Guatemala.
    Arbitration and Dispute Resolution Institute of the Oslo Chamber of Commerce:
    an Arbitral Institution based in Oslo, Norway.
    Arbitration and Mediation Center of Bogotá (Centro de Arbitraje y Conciliación de la Cámara de Comercio de Bogotá):
    an Arbitral Institution established in 1983 for Arbitration and Mediation, based in Bogota, Colombia.
    Arbitration and Mediation Center of the Chamber of Commerce and Industry of Benin:
    an Arbitral Institution based in Cotonou, Benin, and established in 2003.
    Arbitration and Mediation Center of the Chilean-American Chamber of Commerce:
    an Arbitral Institution based in Santiago, Chile, and established in 1992.
    Arbitration and Mediation Center of the Parana Chamber of Commerce (ARBITAC):
    an Arbitral Institution based in Paraná, Brazil, and established in 1996.
    Arbitration and Mediation Centre of Paris (CMAP):
    an Arbitral Institution based in Paris, France, and established in 1995.
    Arbitration Centre of the Chamber of Commerce of Caracas (CACC):
    an Arbitral Institution based in Caracas, Venezuela, and established in 1989.
    Arbitration Centre of the Institute for the Development of Commercial Law and Practice (ICLP):
    an Arbitral Institution based in Colombo, Sri Lanka, and established in 1996.
    Arbitration Centre of the Peruvian American Chamber of Commerce (AMCHAM):
    an Arbitral Institution based in Lima, Peru.
    Arbitration Chamber of Minas Gerais (CAMARB):
    an Arbitral Institution based in three locations in Brazil, and established in 1998.
    Arbitration Court at the Economic Chamber of the Czech Republic:
    an Arbitral Institution based in Prague, Czech Republic, and established in 1949.
    Arbitration Foundation of Southern Africa (AFSA):
    an Arbitral Institution established in 1996 in Sandton, South Africa offering Mediation and Arbitration services.
    Arbitration Institute of the Central Chamber of Commerce of Finland:
    an Arbitral Institution based in Helsinki and established in 1911, which administers domestic and International Arbitrations.
    Arbitration Institute of the Stockholm Chamber of Commerce:
    an Arbitral Institution established in 1917 and based in Stockholm, Sweden. Commonly referred to by the acronym SCC. The neutral venue of choice for the resolution of East-West trade Disputes during the Cold War era. Since then, the SCC has emerged as a popular forum for both commercial and ISDS Disputes. The vast majority of Disputes are conducted under the SCC Arbitration Rules or the UNCITRAL Rules.
    Arbitration Register:
    a record kept by the Secretary-General pursuant to the ICSID Convention, Chapter IV, Section 1, Art. 36 and Institution Rule 6, listing all accepted requests for Arbitration. Similar registers are kept by other Arbitral Institutions.
    Arbitration Rules:
    the Procedural Rules pursuant to which the Arbitration is conducted.
    Arbitrator:
    an Independent person appointed by or on behalf of the parties to resolve their Dispute through Arbitration.
    Arbitrator Fees:
    see Tribunal Fees.
    Arbitrator Misconduct:
    poor behavior by an Arbitrator that may give rise to a challenge under the Applicable Law or Arbitration Rules. For example, many Arbitration Rules contain procedures for removing an Arbitrator based on his/her lack of Impartiality. See IBA Rules of Ethics for International Arbitrators.
    Argument:
    when used in the context of an Arbitration, the reasoning given in support of a position. See also Devil’s Advocate.
    ASEAN:
    acronym for Association of Southeast Asian Nations.
    ASEAN Free Trade Agreement (AFTA):
    an FTA signed on 28 January 1992, agreed to among the ASEAN member states with the objective of moving towards tariff-free trade by removing tariff and non-tariff barriers within the ASEAN bloc.
    ASEAN-Australia-New Zealand Free Trade Agreement (AANZFTA):
    an FTA between ASEAN, Australia, and New Zealand signed at Cha-am, Phetchaburi, Thailand on 27 February 2009 by 12 State signatories (Australia, Brunei Darussalam, Cambodia, Indonesia, Laos, Malaysia, Myanmar, New Zealand, Philippines, Singapore, Thailand, Vietnam).
    Asia International Arbitration Centre:
    an Arbitral Institution in Malaysia, established in 1978 under the auspices of the Asian-African Legal Consultative Organisation (AALCO). Previously called the Kuala Lumpur Regional Centre for Arbitration (KLRCA) and renamed in 2018.
    Asia Pacific Regional Arbitration Group (APRAG):
    a regional federation of Arbitral Institutions and associations established in 2004, which aims to improve standards and knowledge of International Arbitration.
    ASIL:
    acronym for the American Society of International Law.
    Assignment of Arbitration Agreement:
    the transfer of the rights (and, under some laws, obligations) under an Arbitration Agreement. In English law, it is generally only possible to assign rights, not obligations, although the obligation to arbitrate when enforcing a right may be considered a condition attached to the right itself. There is mixed authority on what happens with regard to an Arbitration Agreement when an underlying contract containing that Arbitration Agreement is transferred. See Separability.
    Association Française d’Arbitrage (AFA):
    an Arbitral Institution based in Paris, France, and established in 1975. In addition to administering Disputes, the AFA aims to promote Arbitration and Mediation in France and abroad.
    Association of Southeast Asian Nations (ASEAN):
    a regional economic and political group established on 8 August 1967, currently comprised of 10 member states (Brunei Darussalam, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand and Vietnam). The stated aims and purposes of ASEAN include to “accelerate the economic growth, social progress and cultural development in the region through joint endeavours in the spirit of equality and partnership in order to strengthen the foundation for a prosperous and peaceful community of Southeast Asian Nations.”
    Asymmetric Arbitration Agreement:
    an Arbitration Agreement in which only one party (or group of parties) has the right or obligation to submit Disputes to Arbitration.  See Option Clause and Option to Arbitrate.
    Attachment:
    an Enforcement process by which the affected assets are transferred to the creditor or sold and the proceeds transferred to the creditor in satisfaction of the debt owed.
    Attorney-Client Privilege:
    a rule that exempts certain communications between attorneys and their clients from compulsory Disclosure of Documents in legal proceedings.
    Attorneys’ Fees:
    sums charged by lawyers for providing legal services to their clients. In many cases an Arbitral Tribunal may order the unsuccessful party in an Arbitration to pay all or a portion the Attorneys’ Fees of the successful party.
    Audi Alteram Partem:
    a legal principle that all parties to a Dispute are entitled to a fair hearing and should be given the opportunity to respond to the evidence against them.
    Australian Centre for International Commercial Arbitration (ACICA):
    an Arbitral Institution established in 1985 in Sydney, Australia to promote and facilitate the efficient resolution of commercial Disputes.
    Australian Disputes Centre (ADC):
    an Arbitral Institution based in Sydney, Australia, and established in 1986.
    Authentic Text (of a treaty):
    the words of a verified version of a Treaty.
    Authentication:
    the process of verifying or certifying an Arbitral Award. An authenticated or duly certified Award must generally be produced when a party is seeking to enforce a Foreign Award.
    Autonomy:
    see Party Autonomy.
    Award:
    the Award is the decision of an Arbitral Tribunal on the substantive issues (as distinct from the procedural orders or directions given as part of the process leading to the Award). Awards are often referred to as “interim,” “partial,” and/or “final” Awards, although, confusingly, the term “interim” is also sometimes used to mean “partial.” The aptly named Interim Awards have only temporary effect and do not finally decide an issue (which can, accordingly, be revisited by the Arbitral Tribunal at a later stage of the Arbitration). A Partial Award finally decides one or more (but not all) of the issues before the Arbitral Tribunal. A Final Award decides all the issues (or all the remaining issues) and — subject to any corrections — essentially ends the Arbitration.
 
 
 
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