Arbitration rules

Arbitration rules are the procedural framework governing the conduct of arbitral proceedings — filing of claims, appointment of arbitrators, exchange of briefs, evidentiary hearings, and delivery of the award. They may be those of an arbitration institution (ICC Rules, UNCITRAL, SAC Rules) or agreed ad hoc between the parties. In the context of financial disputes in M&A, the rules determine key procedural parameters: timelines for submissions, powers of the tribunal to request documents, rules on expert evidence and the standard of proof for damages quantification. Understanding these rules is important for financial experts preparing reports to be used in proceedings.

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Example: a dispute on a CHF 2.8 million earn-out is governed by ICC Rules. The ICC procedural timetable grants each party 3 months to submit their expert financial report, followed by a 2-month reply period. The financial expert's report, prepared by Hectelion, must therefore comply with strict ICC standards on independence, disclosure of assumptions and presentation of alternative scenarios.

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Hectelion prepares financial expert reports adapted to the specific procedural requirements of each arbitration institution and ruleset.