On 1st January 2021, the new CAIP Rules of arbitration entered into force. These rules were reshaped in order to offer more clarity, efficiency and simplicity for arbitration users. The Rules are adapted both to national and international disputes.
The 2021 Rules offer a more logical and coherent structure than the former Rules; the provisions follow the chronological order of proceedings. The structure is more apparent due to the insertion of a table of content and each article being given a title. All these elements offer more readability and help users save time.
Several innovations are noteworthy: from now on, the procedure is by principle dematerialized when written procedure becomes the exception; this evolution aims at protecting the environment. Furthermore, a prominent place is given to party’s autonomy, especially for choosing arbitrators. In addition, the Rules guarantee even more discretion in all aspects of the arbitration procedure.
New inclinations of modern arbitration have been taken into account and are incorporated into new provisions for more efficiency: in particular, third party funding, the intervention of a third party to the dispute and the joinder of arbitration proceedings. Finally, the new Rules guarantee the conduct of emergency procedure and expedited procedure and the execution of conservatory or interim measures.
