Transnational Construction Arbitration

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The rise of arbitral institutions and their role in private dispute resolution

The rise of arbitral institutions and their role in private dispute resolution

John Uff

Origin of institutions

4.1 There are currently some dozens of arbitral institutions of differing sizes and importance throughout the world, located in virtually every significant commercial centre. Their constitutions vary greatly. Some, such as the International Chamber of Commerce (ICC) in Paris are part of a much larger business and commercial organisation. Others, such as the London Court of International Arbitration (LCIA) are substantially autonomous. All arbitration institutions including the ICC, operate from a ‘home’ base where they are subject to the local domestic law in regard to their form and constitution. This may have important consequences as regards financial matters such as (in the case of UK law) acquiring charitable status. Equally, all arbitration institutions operate or aim to operate on an international basis and thus provide what may be important contractual rules to supplement the local law applicable as the procedural law of the arbitration.

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