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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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International Arbitration: A Practical Guide

ISBN13: 9781905783694
Published: January 2013
Publisher: Globe Law and Business
Country of Publication: UK
Format: Hardback
Price: £118.00

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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 book provides a practical guide to international arbitration. Written by leading experts Stuart Dutson, Andy Moody, and Neil Newing from Eversheds, this title explains the stages of the arbitration process in a straight-forward 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 witness evidence, 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.

Arbitration and Dispute Resolution

1. What is international
1.1 The difference between
arbitration and other methods
of dispute resolution
1.2 Why use international
1.3 Types of international

2. The Legal Framework
2.1 The New York Convention
2.2 National arbitration laws
2.3 Major institutional arbitration
2.4 Internationally accepted rules
and guidelines

3. Agreeing to arbitration
3.1 The arbitration agreement
3.2 The legal effect of agreeing to
3.3 Jurisdiction and an arbitrator’s
3.4 Arbitrability

4. Drafting arbitration clauses
4.1 Essential matters to include in
an arbitration clause
4.2 Optional matters to include in
an arbitration clause
4.3 Pathological arbitration
4.4 Model arbitration clauses
4.5 Expedited arbitration

5. Pre-commencement of
arbitral proceedings
5.1 Introduction
5.2 When to commence
5.3 Gathering evidence
5.4 Other pre-commencement

6. Commencing an arbitration
6.1 Whether to be claimant or
6.2 How to start an arbitration
6.3 Jurisdictional challenges

7. Selecting the tribunal
or arbitrator
7.1 Criteria required from
7.2 How to choose an arbitrator
7.3 Number of arbitrators
7.4 Methods of selection
7.5 Frustration, delay and default
7.6 Confirmation of
appointment and
constitution of the tribunal

8. Dealing with the tribunal
8.1 Contacting the tribunal
8.2 Administrative secretaries
8.3 Keeping the tribunal informed
8.4 Unresponsive tribunals
8.5 Suspicions of bribery,
corruption or money

9. Establishing procedure
9.1 Establishing the procedural
timetable and conduct of the
9.2 ICC Terms of Reference
9.3 Agreeing the procedural
9.4 Amendments to the
procedural timetable

10. Interlocutory applications
and provisional measures
10.1 Interim, conservatory or
provisional measures
10.2 Court or tribunal
10.3 Types of applications
10.4 Making the application

11. Developing the case
11.1 Written submissions
11.2 Evidence

12. The Hearing
12.1 Practical arrangements
for the hearing
12.2 Procedure at the hearing
12.3 Closing oral submissions
vs written post-hearing

13. Costs
13.1 Overview
13.2 Costs of arbitration
13.3 Applications for costs

14. After the hearing
14.1 The award
14.2 Enforcing the award
14.3 Challenging enforcement at
the place where it is sought
14.4 Challenging the award at
the seat of the arbitration
14.5 Correcting an award;