International Arbitration: A Practical Guide 2nd ed

International Arbitration: A Practical Guide 2nd ed
Product ISBN: 9781787421608
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International Arbitration: A Practical Guide 2nd ed

The global increase in cross-border transactions has led to a rising trend in international disputes. International arbitration has become the preferred dispute resolution method, as companies and individuals increasingly favour a neutral international tribunal over foreign domestic courts.

This new edition provides a practical guide to international arbitration. Written by leading experts Stuart Dutson from Simmons & Simmons, Andy Moody from Baker McKenzie and Neil Newing from Signature Litigation, this title explains the stages of the arbitration process in a straightforward manner and from a practitioner's perspective.

The authors provide guidance on drafting the arbitration agreement, commencing arbitration, selecting the arbitral tribunal, drafting pleadings and evidence, managing oral hearings, liaising with the tribunal throughout the arbitral process and enforcing the final award.

Numerous tips, examples and precedents are included to help the new practitioner or interested student understand each stage of the arbitration proceedings.

The second edition provides an update to take into account the rule changes that have been adopted by arbitral institutions in the six years since the first edition was published, and to include up-to-date guidance on topical issues such as: third party funding in international arbitration; the increase in the number of multi-party arbitrations; procedural trends including the adoption of expedited timetables and guidance around the use of tribunal secretaries; and issues of ethics applicable to counsel and tribunals in cross-border disputes.

Table of Contents:

1. What is international arbitration?
1. The difference between arbitration and other methods of dispute resolution
2. Why use international arbitration?
3. Types of international arbitration
2. The legal framework
1. The New York Convention
2. National arbitration laws
3. Major institutional arbitration rules
4. Internationally accepted rules and guidelines
3. Agreeing to arbitration
1. The arbitration agreement
2. The legal effect of agreeing to arbitration
3. Jurisdiction and an arbitrator’s powers
4. Arbitrability
4. Drafting arbitration clauses
1. Essential matters to include in an arbitration clause
2. Optional matters to include in an arbitration clause
3. Pathological arbitration agreements
4. Model arbitration clauses
5. Expedited arbitration
Appendix: Model arbitration clauses
5. Pre-commencement of arbitral proceedings
1. Introduction
2. When to commence arbitration
3. Gathering evidence
4. Other pre-commencement steps
Appendix: Standard preservation of documents notice to employees
6. Commencing an arbitration
1. Whether to be claimant or respondent
2. How to start an arbitration proceeding
3. Jurisdictional challenges
Appendix: Template request for arbitration
7. Selecting the tribunal or arbitrator
1. Criteria required from arbitrators
2. How to choose an arbitrator
3. Number of arbitrators
4. Methods of selection
5. Frustration, delay and default
6. Confirmation of appointment and constitution of the tribunal
8. Dealing with the tribunal
1. Contacting the tribunal
2. Administrative secretaries
3. Keeping the tribunal informed
4. Unresponsive tribunals
5. Suspicions of bribery, corruption or money laundering
9. Establishing procedure
1. Establishing the procedural timetable and conduct of the arbitration
2. ICC Terms of Reference
3. Agreeing the procedural timetable
4. Amendments to the procedural timetable Appendix: Draft procedural order No 1
10. Interlocutory applications and provisional measures
1. Interim, conservatory or provisional measures
2. Court or tribunal
3. Types of application
4. Making the application
11. Developing the case
1. Written submissions
2. Evidence
Appendix: Template Redfern schedule
12. The hearing
1. Practical arrangements for the hearing
2. Procedure at the hearing
3. Closing oral submissions versus written post-hearing submissions
Appendix: Sample guidance note for witnesses
13. Costs
1. Overview
2. Costs of arbitration
3. Applications for costs
Appendix: Sample schedule of costs
14. After the hearing 201
1. The award
2. Enforcing the award
3. Challenging enforcement at the place where it is sought
4. Challenging the award at the seat of the arbitration
5. Correcting an award
15. Appendix
1. Comparison of majorarbital rules
2. Schedule of Rules and
Defined Terms
About the authors