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Centro Internacional e Iberoamericano de Arbitraje de Madrid (“CIIAM”)

A concise overview of the key procedural features, advantages, disadvantages and practical considerations involved in arbitrations administered by the Centro Internacional e Iberoamericano de Arbitraje de Madrid (“CIIAM”).

Overview

Overview: advantages and disadvantages

ADVANTAGES DISADVANTAGES 
Privacy and confidentiality: The default position is that CIIAM arbitration proceedings are private and confidential. Less established: At this stage, CIIAM is less established on the global scale compared to other forums. As a result, there is a smaller pool of regular users outside the Iberian and Latin American markets. 
Efficiency & speed: CIIAM Rules have a significant emphasis on procedural efficiency.   Limited appeal options: CIIAM arbitral awards are final and binding, with very limited grounds for appeal or review (although some parties might consider this to be an advantage rather than a disadvantage).
Global Hub: CIIAM is increasingly a go-to hub for South and Central American claims. 
Ability to choose the arbitrator(s): The parties may choose arbitrators who have expertise in the subject matter of the relevant dispute and/or who are from neutral jurisdictions.
Scrutiny: CIIAM scrutinises awards prior to issuance.  

Overview: Process

Procedural element Details
Rules
Commencing Proceedings
  • A Request for Arbitration is filed with the Secretariat 
Answer to the Request
  • To be submitted within 20 days of receipt of the Request.
  • Must contain the information specified in Article 6. 
Terms of Reference
  • Not required by the CIIAM Rules.
  • The procedural framework is typically established at an early case management stage following consultation with the parties and reflected I the first Procedural Order. 
Constitution of the Tribunal 
  • The parties may agree on an odd number of arbitrators. 
  • In the absence of agreement, the Center shall decide whether to appoint a sole arbitrator or a tribunal of 3 or more members. 
  • As a general rule, the Center shall appoint a sole arbitrator, unless the complexity of the case or the amount in dispute justifies the appointment of three or more arbitrators. 
Procedural measures
  • The Procedural Order will usually address matters such as the procedural timetable, written submissions, document production, witness and expert evidence, hearing arrangements, and other case management issues. 
Witness evidence 
  • Witness statements are commonly used.Witnesses may be called for cross-examination at hearings where the tribunal considers it appropriate. Direct examination is often limited.
Fees & costs
  • The Centre normally fixes one or more advances on costs, payable during the arbitration. 
  • The arbitration will generally not proceed unless the required advance is paid. 

Expedited arbitrations

The Rules for an Abbreviated Procedure (for disputes below the applicable monetary threshold) and a Highly Expedited Procedure, which requires the parties' express agreement. 

The Highly Expedited Procedure is conducted by a sole arbitrator under a streamlined, largely documents-only process with significantly shortened deadlines and an award expected in a very short term.

Constitution of the tribunal

The sole or presiding arbitrator shall be of a nationality different from that of the parties, unless the parties have the same nationality or agree otherwise.

The parties are free to choose all arbitrators by mutual agreement. 

Where the parties have agreed upon the appointment of three arbitrators, each party shall, in its respective request for arbitration and answer to the request for arbitration, nominate one arbitrator subject to confirmation by the Center. The third arbitrator, who shall act as presiding arbitrator of the arbitral tribunal, shall be appointed by the Center. 

Note: Emergency Arbitrators

The Rules allow for the appointment of an emergency arbitrator. The party requesting intervention of an emergency arbitrator must file a request, with the information set out in Rule 56.

Arbitrator conflicts / disclosure of interest

Arbitrators must be independent and impartial and must disclose circumstances that could give rise to doubts regarding independence or impartiality. 

Challenges are determined through institutional procedures administered by the Centre.

Note:

The 2024 IBA Guidelines on Conflicts of Interest in International Arbitration are also applied in practice. A link to those IBA Guidelines can be accessed here.

Consolidation

The Rules allow consolidation of related arbitrations and also joinder of additional parties in appropriate circumstances, including where disputes arise from related legal relationships or compatible arbitration agreements.

Pleadings or memorial approach?

The Rules do not prescribe a pleadings or a memorial model.

In practice, memorial-style is frequently used, particularly in larger disputes. 

Summary judgment

The Rules provide flexibility for early disposal of manifestly unmeritorious claims or defences through the tribunal's case-management powers.

Security for costs

Although arbitral tribunals have the authority to order interim measures (including security for costs), security for costs is generally considered an exceptional remedy and is not commonly granted in practice.

Tribunals will usually require compelling circumstances to justify such an order, such as clear evidence of the claimant's inability to satisfy a future adverse costs award, coupled with factors suggesting a real risk of non-recovery.

Disclosure of documents

The Rules favour electronic communications and provide substantial flexibility regarding document production and electronic evidence. 

Specific e-disclosure procedures are generally governed by the tribunal's procedural orders. 

Hearings

The tribunal may conduct hearings wholly or partly by video conference (or other remote means where appropriate).  

Pursuant to the Highly Expedited Procedure, the tribunal must dispense with the need for a hearing and decide the arbitration on documents alone.

Court's role in scrutiny of arbitral awards

CIIAM scrutinises awards prior to issuance. The scrutiny process is one of the institution's distinguishing features.

Appeals

The Rules include an optional internal challenge mechanism (Annex 4), but only if expressly agreed by all parties before appointment of the tribunal. 

Grounds are narrowly defined and include manifest legal error or manifest error in the assessment of facts. Absent such agreement, the award is final subject only to the remedies available at the seat under applicable arbitration law.

Further information

    Model clause
    Any dispute arising from this contract or which relates to it, including any question relating to its existence, validity, interpretation, performance or termination, shall be subject to the decision of [one arbitrator / three arbitrators], with the administration of the arbitration to be referred to the Centro Internacional e Iberoamericano de Arbitraje de Madrid (CIIAM), in accordance with its Rules in force at the date when the request for arbitration is filed. The arbitration shall be in law. The language of the arbitration shall be [specify language]. The place of arbitration shall be [city].

If you would like any further information about CIIAM arbitrations, please contact Juan Calvente Henche at jcalvente@dacbeachcroft.com.

Global Arbitration Map detailing the arbitration landscape around the world 

By clicking on a country or an arbitral body that is highlighted on the map, you can read more about the intricacies of arbitration in those areas. The map will be useful for people who are negotiating contracts and those who have disputes across the world. The map's content was written by lawyers from across DACB's international network of offices as well as friends from firms in other jurisdictions, demonstrating our global arbitration expertise. 

Key

Discover international arbitration by region

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  • Europe
  • North America
  • Latin America
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Arbitration around the world

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