Arbitration under UNCITRAL and under institutional rules: principal differences

• UNCITRAL Rules do not specify the possibility of consolidation
• UNCITRAL Rules do not specify the possibility of expedited proceedings
• UNCITRAL Rules do not provide for the  emergency arbitrator
• UNCITRAL Rules do not do not provide the Terms of Reference
• UNCITRAL Rules do not specify time to make award
• Unlike other institutions, no mandatory appointing authority and the parties may choose. In default – PCA designates
• In UNCITRAL arbitration the procedure is defined by tribunal, while some institutional rules allow the parties to define the procedures
• In UNCITRAL arbitration the number of arbitrators is three, unless parties agree otherwise (in most institutional rules – one, unless case warrants three)
• Unless agreed by the parties, in UNCITRAL arbitration the tribunal decides on the seat of arbitration (under the most institutional rules  – the institution will decide)
• In principle, the costs of the arbitration under the UNCITRAL Rules are to be borne by the unsuccessful party but are subject to the tribunal’s discretion. Under the Most institutional rules the – the tribunal apportions.
• Although the fees in institutional arbitrations are often more expensive than in UNCITRAL arbitrations, the latter are generally less predictable.