Volume 27 (2010) / Issue 2
The question of which version of arbitration rules applies to arbitration proceedings remains relevant to contemporary practice in the light of recent, conflicting domestic court decisions as well as recent and forthcoming revisions to major sets of arbitral rules, notably those of the International Chamber of Commerce (ICC) and United Nations Commission on International Trade Law (UNCITRAL). Should arbitral tribunals and institutions apply the arbitral rules in force at the time of the conclusion of the arbitration agreement, or that in force at the time of commencing arbitration? This article examines both the theoretical and practical issues involved in answering that question, taking account of historical and recent arbitral and domestic case law, and the different approach taken in ad hoc arbitration vis-à-vis institutional arbitration.
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