ABSTRACT

In recent years, increasing attention has been given to arbitration as a desirable means of resolving financial services disputes. However, although arbitration as a form of dispute resolution in the financial sector has been growing, it still accounts for a small percentage of the number of disputes filed, with court litigation in London or New York still being more prevalent. A number of well regarded arbitration institutes have noticed the growing focus on arbitration as a method for resolving financial services disputes. The American Arbitration Association (AAA) has produced specialised procedures for use in financial disputes, along with model clauses which incorporate these rules. The China International Economic and Trade Arbitration Commission (CIETAC) also have, since 2003, specific arbitration rules for use in financial disputes and a model clause which refers thereto. In 2010 the International Bar Association (IBA) adopted the IBA Guidelines for Drafting International Arbitration Clauses'.