SIAC Arb SIAC Arbitration Rules (2025)
SIAC Arb
SIAC Arbitration Rules (2025)
ZivilrechtZivilprozessrecht
Schiedsverfahrensrecht
- This Protocol shall apply to any dispute that parties have agreed to submit to arbitration under it where the dispute:
(a) arises out of or in connection with any matters pertaining to a law relating to restructuring, adjustment of debt, or insolvency;
(b) arises out of, in connection with, or in anticipation of, any insolvency proceedings, including on the recommendation of a court or an insolvency officeholder; or
(c) does not arise in anticipation of or in relation to any insolvency proceedings.
- For the purposes of this Protocol:
(a) “insolvency proceedings” mean and include any judicial or administrative proceeding, including an interim proceeding, pursuant to a law relating to insolvency or adjustment of debt, in which proceeding the assets and affairs of a person or entity are subject to, or will be subject to, control or supervision by a court, for the purpose of reorganisation or liquidation;
(b) “court” means a court, tribunal, or other adjudicative body, in any jurisdiction, for matters relating to restructuring, adjustment of debt, or insolvency;
(c) “insolvency officeholder” means a person appointed under any law relating to restructuring, adjustment of debt, or insolvency, to administer, manage, or oversee any insolvency proceedings and includes, but is not limited to, liquidators, administrators, administrative receivers, trustees in bankruptcy, receivers, insolvency professionals or practitioners, supervisors of voluntary arrangements, judicial managers, resolution professionals, or any person performing an equivalent function and acting in a fiduciary or court-supervised capacity under the applicable law.
- By agreeing to submit a dispute to arbitration under this Protocol, the parties agree that:
(a) subject to the modifications set out in this Protocol and any specific directions of the Tribunal, the SIAC Rules for the time being in force shall apply, mutatis mutandis, to an arbitration conducted under this Protocol; and
(b) where an arbitration is conducted in accordance with this Protocol, the rules and procedures set out in this Protocol shall apply and take precedence over any contrary provisions in the applicable SIAC Rules.
- Unless otherwise stated in this Protocol, any term that has been defined in the applicable SIAC Rules that is used in this Protocol shall have the same meaning as under the applicable SIAC Rules.
Source: © SIAC
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