Arbitration appointment protocol

The Australian Institute for Commercial Arbitration Inc. (AICA) is an Australian not-for-profit association which:

  • maintains a panel of Certified Commercial Australian arbitrators,
  • publishes Rules for the conduct of commercial arbitrations,
  • provides an administration service for the conduct of Australian and International arbitrations.

In collaboration with Victoria University, the AICA conducts the only Australian University recognised Graduate Diploma in Commercial Arbitration, awarded by the Victoria Law School, Victoria University, Melbourne.

Protocol

When an arbitration process is required for the resolution of a dispute, AICA can be directly engaged to arrange and administer the arbitration according to its published Rules and protocols.

The AICA protocol is as follows:

1. The AICA Registrar receives a ‘Notice of Arbitration’ filed by one of the parties (download a Notice form here).

2. Criteria for the qualifications of the arbitrator(s) are established and assessed against the panel arbitrators’s experience, specific expertise and legal training.

3. The names and CVs of potential Certified Arbitrators who are available and willing to accept appointment, are selected and forwarded to the parties.

4. Once arbitrator candidate(s) are selected they will be asked to confirm their availability, their impartiality and independence of the parties, and advise their fee rates.

5. The ACIA will formally appoint the Arbitration tribunal and notify the parties.

6. Within 30 days after the appointment of the Arbitration tribunal, the claimant’s Statement of Claim shall be forwarded tot he arbitral tribunal, including:

(a) a copy of the contract,

(b) the arbitration agreement (if not contained in the contract),

(c) a statement of the facts supporting the claim,

(d) the points at issue,

(e) the relief or remedy sought.