Enter to open, tab to navigate, enter to select
CPR's revised Non-Administered Arbitration Rules enter into force
Practical Law UK Legal Update w-013-6922 (Approx. 3 pages)
CPR's revised Non-Administered Arbitration Rules enter into force
| Published on 14 Mar 2018 • International |
The International Institute for Conflict Prevention and Resolution's (CPR) revised Non-Administered Rules entered into force on 1 March 2018.
On 1 March 2018, the International Institute for Conflict Prevention and Resolution's (CPR) revised Non-Administered Arbitration Rules entered into force. The new rules include an updated provision on emergency arbitrators (now using the term emergency arbitrator instead of the prior special arbitrator) and a new provision on multi-party proceedings, as well as a Young Lawyer provision designed to increase opportunities for less experienced lawyers. Other interesting provisions to note are:
- New rules 3.10 and 3.11 provide processes for joinder and consolidation.
- Rule 5.4 provides for the "screened selection" of party-designated arbitrators for the situation where parties have agreed to the procedure whereby arbitrators are designated by parties without knowledge of which party designated them.
- Rule 5.5 deals with the constitution of the tribunal where the arbitration agreement entitles each party to appoint an arbitrator but there is more than one claimant or respondent to the dispute.
- Rule 8.1 clarifies that the tribunal's authority to decide jurisdictional challenges extends to both the subject matter of the dispute and parties to the arbitration.
- Rule 9.3(b) addresses the early disposition of claims, defenses and other factual and legal issues, now expressly referring to CPR's Guidelines on Early Disposition of Issues in Arbitration.
- A new rule 9.3(f) provides for the possibility of implementing steps to address issues of cybersecurity and protecting the security of information in the arbitration.
- Rule 17.3 continues to empower arbitrators when apportioning costs to take into account the circumstances of the case and conduct of the parties. This rule is intended to permit arbitrators to apportion a greater share of costs than they otherwise might have to a party that has employed tactics the arbitrator considers dilatory, or in other ways has failed to cooperate in assuring the efficient conduct of the proceeding.
- A new addition to rule 17.1 allows the CPR to intervene when there is a disagreement over an arbitrator's rate of compensation.