New Zealand: New International Arbitration Rules – UNCITRAL, SIAC, LCIA India

Last Updated: 28 September 2010
Article by Daniel Kalderimis

Most Read Contributor in New Zealand, September 2016

Over the past few months, there have been important revisions to two important sets of arbitration rules – the UNCITRAL Arbitration Rules, which are very commonly used for ad hoc (or non-institutional) arbitration; and the Singapore International Arbitration Centre (SIAC) Arbitration Rules, which are the leading rules used for institutional arbitration in Singapore. In addition, anticipating an increase in arbitrations in the sub-continent, the London Court of International Arbitration (LCIA) has recently issued a set of LCIA India Arbitration Rules.

UNCITRAL Arbitration Rules

On 25 June 2010, UNCITRAL adopted a revised version of UNCITRAL Arbitration Rules. The original Rules were adopted on 28 April 1976 and have worked well over the past 34 years. Nevertheless, in 2006 the UNCITRAL decided to revise the 1976 Rules in order to better align them with current international arbitration practice and the updated provisions of the UNCITRAL Model Law.

Article 2 states that the revised Rules apply to any arbitration agreements referring to the UNCITRAL Arbitration Rules concluded after 15 August 2010. In general, the revised Rules contain more detailed provisions dealing with multiple parties and joinder, the replacement of arbitrators, interim measures, tribunal-appointed experts and the costs of arbitration. Some important innovations include the following:

  • Articles 2 and 4 clarify the procedure for commencing an arbitration (including by email where authorised or designated) and expressly provide that a respondent must file an initial notice of response
  • Article 10 contains a new default procedure (similar to Article 10 of the ICC Arbitration Rules) for arbitrator appointment in multi-party arbitrations
  • Article 17(1) requires the tribunal to "conduct the proceedings so as to avoid unnecessary delay and expense and to provide a fair and efficient process for resolving the parties' dispute"; it also replaces the previous right to a "full opportunity" to present one's case with a "reasonable opportunity"
  • Article 17(5) provides that the arbitral tribunal may, at the request of any party, allow one or more third persons to be joined to the arbitration. The third party must, however, also be a party to the same arbitration agreement
  • Article 26 contains detailed provisions – based on the 2006 amendments to the Model Law – on interim measures from an arbitral tribunal. A party requesting an interim measure has to satisfy the arbitral tribunal, amongst other matters, that harm is likely to result if the measure is not ordered and that there is a reasonable possibility the requesting party will succeed on the merits of the claim
  • Article 28(4) authorises the use of technology, such as videoconferencing, for examining witnesses
  • the Rules no longer use the language of final, partial, interim and interlocutory awards. Instead, tribunals are empowered to make separate awards on different issues at different times, all of which shall be final and binding (see Articles 33 and 34), and
  • tribunal remuneration and the allocation of the reasonable costs of legal representation are now addressed in more detail, which will hopefully encourage greater accountability and predictability (see Articles 40 to 42).

SIAC Arbitration Rules

Almost simultaneously, the SIAC released its fourth edition of the SIAC Arbitration Rules. The SIAC Rules 2010 came into effect on 1 July 2010 and apply to SIAC arbitrations commenced on or after this date. The amendments primarily aim to improve the efficiency and speed of arbitration proceedings. Some important innovations include:

  • Schedule 1 provides a mechanism for emergency interim relief prior to the formation of an arbitral tribunal through appointment by the SIAC Chairman of an Emergency Arbitrator with the power to order or award any interim relief deemed necessary. Unless agreed otherwise, the Emergency Arbitrator may not act as an arbitrator in any future arbitration relating to the dispute. Any order or award issued by the Emergency Arbitrator ceases to be binding if the tribunal is not constituted within 90 days, when the tribunal makes a final award, or if the claim is withdrawn
  • Article 5 provides a framework for an expedited arbitration procedure. This is only applicable if the amount in dispute does not exceed S$5 million, if all parties agree, or in cases of exceptional urgency. Under the expedited procedure, the dispute is resolved by a sole arbitrator, the Registrar is empowered to shorten any applicable time limits, an award must be issued within six months, and reasons may be given in summary form, and
  • technical amendments, such as the shortened time period from 21 to 14 days to nominate an arbitrator and the removal of the requirement for a Memorandum of Issues, which aim to speed up and de-clutter the conduct of proceedings.

LCIA India Arbitration Rules

LCIA India, the first independent subsidiary of the LCIA, has also adopted new arbitration rules which have effect for arbitration proceedings commenced on or after 17 April 2010. The LCIA India Rules are intended to adapt the general LCIA Arbitration Rules for Indian conditions. These rules should be of interest to New Zealand exporters and investors considering doing business in India (either in connection with a future NZ-India FTA or otherwise). Two key features include:

  • a provision addressing Indian case law: Article 32(6) expressly excludes certain provisions of Part I of the Indian Arbitration and Conciliation Act 1996 – which is directed at domestic arbitration and contains extensive court supervisory powers – when the place of arbitration is outside India. This provision is in response to the Indian Supreme Court decision in Bhatia International v Bulk Trading SA (2002) 4 SCC 105, which held that, unless excluded by the parties, Part I would apply even to arbitrations taking place outside India, and
  • tailored costs provisions: the Rules include a costs regime which provides for a capped hourly rate for arbitrators (rather than the Indian practice in some ad hoc arbitrations of arbitrators charging expensive daily sitting fees, plus additional costs for drafting the award and other duties). This is likely to reduce the costs of arbitrating hearings in India.

The information in this article is for informative purposes only and should not be relied on as legal advice. Please contact Chapman Tripp for advice tailored to your situation.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Mondaq Advice Centre (MACs)
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.