How do the procedural rules affect the manner in which an arbitration is carried out?
Are there benefits and advantages to selecting one set of rules over another? A: You can think of each set of rules as a separate language-there is no substantial benefit of one over another, they are just different. But I would like to point out an important exception. When arbitration is governed by the United Nations Commission on International Trade Law (UNCITRAL), the rules may play a significant role in the outcome. UNCITRAL is a loose set of procedural rules with no associated institutional structure like those of the American Arbitration Association (AAA) or the International Chamber of Commerce (ICC) where paid administrators keep track of the arbitration. If a controversy arises in a UNCITRAL arbitration, there is no strong central authority to help resolve the matter. I went through a scenario much like this in India. I was representing an American company against an Indian company who went through the local Indian courts to remove the presiding arbitrator. This move on thei
