99-25732. Office of the Assistant Legal Adviser for Private International Law; Inter-American Convention on International Commercial Arbitration Rules of Procedure

[Federal Register Volume 64, Number 191 (Monday, October 4, 1999)]
[Proposed Rules]
[Page 53632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25732]


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Proposed Rules
                                                Federal Register
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This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 64, No. 191 / Monday, October 4, 1999 / 
Proposed Rules

[[Page 53632]]


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DEPARTMENT OF STATE

22 CFR Part 194

[Public Notice 3118]


Office of the Assistant Legal Adviser for Private International 
Law; Inter-American Convention on International Commercial Arbitration 
Rules of Procedure

AGENCY: Office of the Assistant Legal Adviser for Private International 
Law.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Department of State proposes to make effective under 
United States law the revised rules of procedure of the Inter-American 
Commercial Arbitration Commission (``IACAC''). The amended rules of 
procedure enhance the role of IACAC in the initiation and conduct of 
arbitration of international contractual disputes to which the 
International Convention on Commercial Arbitration (``Convention'') 
applies. The amended rules address such issues as notice procedures, 
the appointment of arbitrators, the role of each National Section of 
IACAC, and an increased fee schedule. Adoption of these rules will 
ensure their uniformity of application among states party to the 
Convention.

DATES: Comments must be received by November 18, 1999.

ADDRESSES: Comments should be addressed to Jeffrey D. Kovar, Assistant 
Legal Adviser for Private International Law, South Building, Suite 203, 
2430 E St., NW, Washington, DC 20037-2860. They may also be sent via 
telefax to [phone] or e-mail to [e-mail]>.

FOR FURTHER INFORMATION CONTACT: Ms. Rosie Gonzales (202-776-8423), at 
the above office address for copies of the proposed revisions to the 
IACAC rules of procedure. Copies are available in English and Spanish.

SUPPLEMENTARY INFORMATION: IACAC has amended its rules of procedure 
applicable to arbitration conducted under the Convention. The 
Convention entered into force for the United States in 1990 with the 
reservation that the United States would only be bound by the rules of 
procedure in effect on July 1, 1988, unless the Secretary of State 
determines by regulation that any subsequent modification or amendment 
will apply in the United States. Pursuant to Title 9 section 306 of the 
United States Code, the rulemaking procedures of Title 5 section 553 of 
the United States Code apply to any determination to effectuate such a 
modification or amendment within the United States. In accordance with 
those procedures, notice must be published in the Federal Register, 
time for comment provided, and the final rule published for 30 days 
before the rule may become effective.
    The proposed changes in the Convention's rules of procedure 
include, inter alia:

--Requiring IACAC approval before the arbitrating parties may use 
modified rules of procedure;
--Requiring notice from one party to the other also to be delivered to 
the Director General of IACAC or the IACAC National Section;
--In cases involving a three-person Tribunal, requiring the claimant to 
designate one arbitrator in the notice of demand for arbitration;
--In the event that one member of a three-person Tribunal is unable to 
continue, authorizing the remaining two arbitrators to continue at 
their discretion;
--In the absence of a majority for a decision, giving the Tribunal 
President the sole and unreviewable authority to decide;
--In cases where the respondent fails to submit its defense, providing 
the Tribunal discretion whether to continue the arbitration or not;
--Specifying that an award is not subject to appeal;
--Requiring notice of post-award requests for interpretation, 
correction, or an additional award to be made to the Tribunal, and for 
the Tribunal to notify the other party;
--Setting forth new procedures for calculating costs and fees, and 
providing that the IACAC Arbitrator Nominating Committee may request 
advance deposit of costs;
--Setting forth internal IACAC procedures for cases administered under 
the rules, including a schedule of increased fees, establishing an 
Arbitrator Nominating Committee, and specifying that IACAC National 
Sections will generally carry out secretarial functions under the 
rules.

List of Subjects in 22 CFR Part 194

    Administrative practice and procedure, Foreign relations, 
Government contracts.
Jeffrey D. Kovar,
Assistant Legal Adviser for Private International Law.
[FR Doc. 99-25732 Filed 10-1-99; 8:45 am]
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