Arbitration: Country Q&A tool

Search the Country Q&A in the Arbitration Global Guide by question and jurisdiction.

Step 1: Check the boxes to select the questions and the jurisdictions for comparison.
Step 2: Click the "submit" button.
Step 3: Scroll down to view answers and check law stated dates for each jurisdiction.

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Use of arbitration and recent trends

1. How is commercial arbitration used and what are the recent trends?
 

Legislative framework

2. What legislation applies to arbitration?
 
3. Are there any mandatory legislative provisions?
 
4. Does the law prohibit any types of disputes from being resolved via arbitration?
 
5. Does the law of limitation apply to arbitration proceedings?
 

Arbitration organisations

6. Which arbitration organisations are commonly used to resolve large commercial disputes?
 

Jurisdictional issues

7. What remedies are available where one party denies that the tribunal has jurisdiction to determine the dispute(s)?
 

Arbitration agreements

8. What are the requirements for an arbitration agreement to be enforceable?
 
9. Are unilateral or optional clauses enforceable?
 
10. Can a party that is not a party to an arbitration agreement be joined to the arbitration proceedings?
 
11. In what circumstances can a party that is not a party to an arbitration agreement compel a party to the arbitration agreement to arbitrate disputes under the arbitration agreement?
 
12. Does the applicable law recognise the separability of arbitration agreements?
 
13. What remedies are available where a party starts court proceedings in breach of an arbitration agreement or a valid jurisdiction clause?
 
14. Will the local courts grant an injunction to restrain proceedings started overseas in breach of an arbitration agreement?
 

Arbitrators

15. Are there any legal requirements relating to the number, qualifications and characteristics of arbitrators?
 
16. Are there any requirements relating to arbitrators' independence and/or impartiality?
 
17. Are there default provisions relating to the appointment and/or removal of arbitrators?
 

Procedure

18. Are there default rules governing the commencement of arbitral proceedings?
 
19. What procedural rules are arbitrators bound by?
 
20. What procedural powers does the arbitrator have under the applicable law?
 
21. What documents must the parties disclose to the other parties and/or the arbitrator?
 
22. Is arbitration confidential?
 

Courts and arbitration

23. Will the local courts intervene to assist arbitration proceedings seated in its jurisdiction?
 
24. What is the risk of a local court intervening to frustrate an arbitration seated in its jurisdiction?
 
25. What is the effect on the arbitration of pending insolvency of one of more of the parties to the arbitration?
 

Remedies

26. What interim remedies are available from the tribunal?
 
27. What final remedies are available from the tribunal?
 

Appeals

28. Can arbitration proceedings and awards be appealed or challenged in the local courts?
 
29. What is the limitation period applicable to actions to vacate or challenge an international arbitration award rendered?
 
30. What is the limitation period applicable to actions to enforce international arbitration awards rendered outside your jurisdiction?
 

Costs

31. What legal fee structures can be used? Are fees fixed by law?
 
32. Does the unsuccessful party have to pay the successful party's costs?
 

Enforcement of an award

33. To what extent is an arbitration award made in your jurisdiction enforceable in the local courts?
 
34. Is your jurisdiction party to international treaties relating to recognition and enforcement of foreign arbitration awards?
 
35. To what extent is a foreign arbitration award enforceable?
 
36. How long do enforcement proceedings in the local court take?
 

Reform

37. Are any changes to the law currently under consideration or being proposed?
 
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