arbitration

Which arbitration rules are used to resolve disputes is a matter of express or implied agreement.

The first step in working out the relevant rules is to determine the seat of the jurisdiction.

How do you determine the seat of the arbitration?

Once the seat is determined the relevant contract should then be construed for the governing law. eg

The laws of Australian Capital Territory / New South Wales / Northern Territory / Queensland / South Australia / Tasmania / Victoria / Western Australia / New Zealand / United States / United Kingdom apply or govern.

Thereafter the procedural rules are determined.

The procedural rules include when the parties are to file any documents setting out their claims and defences (sometimes called pleadings), when and how discovery is to be made and the procedure to be followed at hearing.

Typically many procedural rules that are to apply are agreed at the first scheduling conference and sometimes by applying or modifying the relevant institutions rules. eg

Thereafter in a common law country is the governing law then the following substantive rules of evidence apply to an arbitration

Arbitration Rules