01
Complete
Support jurisdiction, merits, counterclaims, evidence, witnesses, experts, interim measures, hearings, costs and award.
UNIONE™ - ARBITRATION PROCEDURE
Standard Procedure
The intended Standard Procedure is the default full process for disputes that require a complete arbitral framework without the exceptional compression of an expedited track or the reduced formality of a simplified track.
v4.0 DRAFT GUIDE - ADOPTION REVIEW - NOT YET EFFECTIVE
Procedure architectureThe full procedural architecture for ordinary cross-border arbitration.
WHAT THIS PROCEDURE IS
The full procedural architecture for ordinary cross-border arbitration.
This page explains the intended procedural philosophy. Final eligibility, timelines, powers and consequences must follow the Rules & Procedures formally adopted by UNIONE.
02
Proportionate
A full procedure is not permission for unnecessary procedural volume. The tribunal should still tailor each phase to the dispute.
03
Flexible
Permit bifurcation, preliminary determination, targeted disclosure, virtual participation and other case-specific tools where appropriate.
04
Equal
Preserve equal treatment and a reasonable opportunity for each party to present its case.
05
Independent
Tribunal constitution, disclosure and challenge safeguards remain central.
06
Enforcement-aware
The procedural record and award should be built with likely recognition and execution considerations in view without distorting the merits.
PROCEDURAL FLOW
A disciplined path from constitution to award.
The tribunal and institution should adapt the sequence to the dispute while preserving equality, reasonable opportunity to present the case and enforceability-facing procedural integrity.
01
Commence & constitute
Notice, response, counterclaims, tribunal constitution, disclosures and any challenges.
02
Case manage
Define issues, phases, timetable, document production, witnesses, experts and hearing format.
03
Determine
Resolve jurisdiction, merits, relief, costs and any interim or preliminary applications using the procedure appropriate to the case.
04
Award & post-award
Issue the award and manage correction, interpretation, additional award, scrutiny or enforcement-readiness steps under the operative Rules.
WHEN IT MAY FIT
Procedure should follow the dispute, not the label.
The following factors can support consideration of this track, subject to the adopted Rules and any party agreement.
A
Ordinary cross-border complexity
The case has multiple legal, factual or evidential issues requiring a complete procedural framework.
B
Substantial evidence
Document production, witnesses or experts require structured phases.
C
Meaningful counterclaims
The dispute is not naturally suited to a narrow or compressed process.
D
Procedural applications likely
Jurisdiction, security, interim relief or evidence issues may need reasoned treatment.
E
Multi-contract / party issues
The dispute may require joinder, consolidation or coordinated proceedings under the operative Rules.
F
No compelling reason for another track
Standard procedure is the natural default when neither simplified nor expedited treatment is clearly preferable.
WHEN IT MAY NOT FIT
Proportionality is not the same as procedural compression.
A different procedure may be more appropriate where complexity, party structure, evidence, urgency or enforcement risk demands it.
A
Very narrow low-complexity dispute
A simplified track may reduce unnecessary cost and formality.
B
Extreme commercial urgency
An expedited track may be more appropriate where the case can still fairly be compressed.
C
Emergency relief before tribunal constitution
Use the Emergency Arbitrator or court-relief interface where available.
D
Defined technical question
Expert determination or another agreed process may be preferable where the dispute is not suitable for full arbitration.
E
Settlement remains realistic
Structured resolution may deserve a defined window without compromising limitation or arbitral rights.
F
Parties have agreed another valid route
The institution should respect party autonomy within the limits of applicable law and the operative Rules.
CASE MANAGEMENT
The procedure lives in the first procedural decisions.
The tribunal should convert the selected track into a matter-specific timetable and evidence plan rather than mechanically applying a generic calendar.
- Procedural Order No. 1Record seat, language, timetable, communications, confidentiality, document exchange, hearing assumptions and evidence rules.
- Bifurcation and preliminary issuesUse only where separation is likely to improve efficiency or fairness rather than duplicate work.
- Document productionKeep requests tied to pleaded issues and materiality. Avoid uncontrolled discovery.
- Witness and expert evidenceManage statements, reports, meetings, conferencing and cross-examination around the issues that matter.
- HearingsUse physical, hybrid or virtual format according to fairness, efficiency, evidence and practical needs.
- Costs and conductApply the adopted Rules on costs and consider procedural conduct where the Rules permit.
AWARD & ENFORCEMENT
Speed does not reduce award discipline.
The Standard Procedure should be the institution’s robust default, with enough flexibility to fit complex disputes without allowing complexity to become procedural excess.
The objective is a proportionate process that remains fair, intelligible and enforcement-aware.
- Reasoned decisionThe form and extent of reasons should comply with the adopted Rules, applicable law and party agreement.
- Procedural recordKey procedural decisions, notices, opportunity to be heard and evidential rulings should remain clear.
- Post-award mechanismsCorrection, interpretation, additional award and any institutional scrutiny must follow the operative Rules.
- Enforcement readinessAny ERR™ or enforcement-readiness process is separate from the merits and does not guarantee recognition or recovery.
RELATED ROUTES
Choose the right procedural level.
Until v4.0 is adopted, these pages are explanatory draft guides and should not be treated as operative procedural promises.
01
Simplified Procedure
Reduced complexity where the dispute can fairly be resolved with a lighter process.
Open Simplified →02
Expedited Procedure
Compressed and disciplined procedure where urgency and proportionality justify it.
Open Expedited →03
Standard Procedure
The default full procedural architecture for ordinary cross-border arbitration.
Open Standard →04
Rules & Procedures
The controlling institutional framework once formally adopted and effective.
Open Rules →