Substantive Arbitration Rules

Substantive Arbitration Rules

Substantive Arbitration Rules refer to the set of principles and guidelines that govern the process and outcomes of arbitration proceedings. These rules are essential as they dictate how the arbitration is to be conducted, including the powers of the arbitrators, the procedures for presenting evidence, and the criteria for making decisions.

These rules can vary significantly depending on the arbitration institution or the specific agreement between the parties. Common arbitration bodies, such as the American Arbitration Association (AAA) or the International Chamber of Commerce (ICC), have their own established sets of Substantive Arbitration Rules that must be followed during the arbitration process.

For example, the AAA’s Commercial Arbitration Rules provide detailed procedures regarding the submission of claims and defenses, the selection of arbitrators, and the timeline for hearings. The rules also cover important aspects like confidentiality, discovery, and the enforcement of arbitral awards.

In practice, when two parties agree to arbitrate their disputes, they often refer to these Substantive Arbitration Rules to understand their rights and obligations during the process, ensuring that the arbitration is fair, efficient, and legally binding.