Framework Provisions

Abstract This chapter introduces the framework provisions of the DIAC Rules, namely Articles 1, 2, 3, 7, 20, 21, 22, 38, 39, 40, 41, 42, and 43. These provisions inform a general reading of the DIAC Rules and assist in understanding the main procedural parameters of a DIAC arbitration. To that end, this chapter also discusses the main components of an arbitration agreement that provides for arbitration under the DIAC Rules. These include the seat and language of the arbitration as well as questions of confidentiality in DIAC arbitration. Other key components of a DIAC arbitration agreement, such as the number of arbitrators, are left for discussion in later chapters. Apart from touching upon the admissibility of third-party funding in DIAC arbitration, the balance of this chapter addresses interactions between the Centre and Arbitration Court and the role each of them plays in administering the DIAC Rules. It also provides guidance on how the exclusion-of-liability and waiver-of-right provisions operate in application to arbitration under the DIAC Rules.