Authors: Robert H. Smit* and Nicholas J. Shaw**
Published: December 1997
Description: In April 1992, the Center for Public Resources, Inc. (“CPR”) issued its “Rules for Non-Administered Arbitration of International Disputes” (the “CPR Rules” or the “Rules”) as an alternative to the international ad hoc arbitration rules promulgated in 1976 by the United Nations Commission on International Trade Law (the “UNCITRAL Rules”). This is the second part of a two-part commentary on the CPR Rules which examines each of the CPR Rules in light of issues that are likely to arise under those Rules and that have arisen under the corresponding provisions of the UNCITRAL Rules. The first part of the commentary, which appeared in a previous issue of The American Review of International Arbitration,1 examines the CPR’s standard arbitration clauses as well as its “General and Introductory Rules” and “Rules with Respect to the Tribunal.” This part of the commentary examines the CPR’s “Rules with Respect to the Conduct of the Arbitral Proceedings” and “Miscellaneous Rules” and concludes with some general observations regarding the CPR Rules in their entirety.
*Partner, Simpson Thacher & Bartlett, New York City.
**LL.M. (Comm.), 1997 (University of Adelaide School of Law, Australia); LL.M. (Columbia University School of Law, New York); Associate, Fish & Neave, New York City.