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11 December 2015 / Tim Hardy
Issue: 7680 / Categories: Features , Profession
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All change?

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Are CIArb’s new rules & guidelines innovative or more of the same, asks Tim Hardy

In the past five years, many arbitral institutions have revised their arbitration rules to introduce provisions for emergency arbitrators and include measures for improving efficiency. Consistent with this trend, the Chartered Institute of Arbitrators (CIArb) recently published the 2015 edition of its arbitration rules. The new rules pick up on both of those themes but also include additional arrangements for CIArb to take on the role of appointing authority.

New arbitration rules

This is a new departure from the previous role of the institute and involves not only the appointment of arbitrators in the event of parties failing to reach an agreement, but also resolving challenges to arbitrators on the grounds of lack of independence or impartiality. For the first time in its history, CIArb has established a specialised panel to decide on such challenges.

Some commentators have described CIArb as offering “admin lite” services since it manages so little of the arbitral proceedings. The main advantage of this “admin lite”

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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