--Terms of Reference in International Commercial Arbitration

Yasaman Azadi, Hamid Reza Olomiyazdi
2015 Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī  
"Terms of Reference" is one of the important documents that should be produced in some international arbitration. There are various views regarding the question of whether the terms of reference is a new arbitration agreement or is just a procedural requirement in the process of arbitration. However, it is a separate document which differs from the arbitration agreement. Terms of references is commonly known as a feature of arbitration Under International Chamber of Commerce Rules of
more » ... Rules of Arbitration and could also be seen in some other arbitration rules. According to ICC Arbitration Rules, it is compulsory for the parties and the arbitral tribunal to set the Terms of Reference, but under some other arbitration rules, such as Japan Arbitration Association, it is optional. Terms of references should be prepared and signed by the parties and arbitrators as soon as the file is handed over to the arbitral tribunal. The main function of this document is to determine the issues on which the arbitral tribunal should concentrate during the arbitral proceeding. This paper examines content and legal status of Terms of reference in commercial arbitration and concludes that the Terms of References could, to a great extent, facilitate and increase efficiency and accuracy in both institutional and ad hoc arbitration
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