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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

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Planning Efficient Arbitration Proceedings: Planning Efficient Arbitration Proceedings: The Law Applicable in International Arbitration

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Edited by: Albert Jan van den Berg

ISBN13: 9789041102249
ISBN: 9041102248
Published: April 1996
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Paperback
Price: £207.00

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In ICCA's latest Congress Series, international experts, professionals and practitioners in the field of arbitration put forward answers to the challenge facing international arbitrators to improve the efficiency and predictability of arbitration proceedings. In order to present these topics coherently, the organizers of ICCA's 12th International Arbitration Congress, held in Vienna in November 1994, divided the forum into two working groups: ""Planning Efficient Arbitration Proceedings"" and ""The Law Applicable in International Arbitration"".;Working Group I focused on the arbitrator's ability to plan proceedings, using various formal and informal methods and techniques. In particular, attention was drawn to the UNCITRAL Draft Guidelines which provides arbitrators with a written reminder of items to be covered while planning proceedings. During debate, proponents emphasized the ""optional"" character of the guidelines, to allay fears that more efficiency would reduce the ability to solve disputes flexibly. Working Group I also discussed means of improving the presentation of evidence during proceedings.;Working Group II faced the complications arbitral tribunals may encounter when the law applicable to the substance of a dispute and the law governing the procedure are different. Attention was also directed toward three other systems of law which may be relevant during the proceedings: the law governing the capacity of the parties, the law applicable to the arbitration agreement and the appropriate conflicts-of-law rules to determine the substantive law.;In general the reports of both Working Groups expressed a desire for a more standardized and international approach to arbitration proceedings and emphasized the need to prevent parochial national preference from creating unnecessary obstructions.

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Working Group I: Planning Efficient Arbitration Proceedings. Foreword, H.M. Holtzmann, I. Szasz. Summary, H.M. Holtzmann. Reports: Power of Arbitrators to Determine Procedures under Various Arbitration Laws and Rules; Possible Methods of Increasing Efficiency; Improving the Presentation of Evidence; Discussion of the UNCITRAL Project for Improving Planning of Arbitral Proceeds; List of Oral Interventions to Working Group I; Panel Discussion - Practical Experience and Solutions in Planning Arbitral Proceedings. Working Group II: The Law Applicable in International Arbitration; Introduction, K.-H. Bockstiegel. Reports: The Law Applicable in International Arbitration: Preliminary Issues; The Law Governing the Procedure; Methods Used to Determine the Applicable Substantive Law in the Practice of Arbitration; Special Features of the Application of Particular Laws Relevant for the Practice of Arbitration; Application of Rules Beyond National Law; List of Oral Interventions to Working Group II; List of Participants. List of ICCA Officers and Members.

Series: ICCA Congress Series

International Arbitration: The Coming of a New Age ISBN 9789041150110
Published November 2013
Kluwer Law International
Arbitration: The Next Fifty Years ISBN 9789041138088
Published May 2012
Kluwer Law International
Arbitration Advocacy in Changing Times ISBN 9789041133663
Published October 2011
Kluwer Law International
50 Years of the New York Convention ISBN 9789041132123
Published November 2009
Kluwer Law International
International Arbitration 2006: Back to Basics? ISBN 9789041126917
Published February 2008
Kluwer Law International
New Horizons for International Commercial Arbitration and Beyond ISBN 9789041123480
Published August 2005
Kluwer Law International
International Commercial Arbitration: Important Contemporary Questions ISBN 9789041122193
Published November 2003
Kluwer Law International
International Arbitration and National Courts: The Never Ending Story ISBN 9789041116475
Published September 2001
Kluwer Law International
Improving the Efficiency of Arbitration Awards: 40 Years of tion ISBN 9789041112743
Published October 1999
Kluwer Law International
International Arbitration in a Changing World ISBN 9789065448002
Published July 1994
Kluwer Law International
Preventing Delay and Disruption of Arbitration: International Congress Proceedings ISBN 9789065445810
Published December 1991
Kluwer Law International
UNCITRAL's Project for a Model Law on International Commercial Arbitration
Edited by: Pieter Sanders
ISBN 9789065441836
Published June 1987
Kluwer Law International
Comparative Arbitration Practice and Public Policy in Arbitration
Edited by: Pieter Sanders
ISBN 9789065442963
Published June 1987
Kluwer Law International