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Vol 21 No 11 Nov/Dec 2016

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Introduction to International Arbitration Practice: 1001 Questions and Answers


ISBN13: 9789041152893
Published: June 2014
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £120.00



In stock.

This remarkable and unprecedented guide to the practice of international arbitration – equally useful to party advisors, party representatives, arbitrators (especially newly practising ones), and advanced students – engagingly presents the riches of a leading arbitrator's lifetime of practical experience.

It is a Question-and-Answer book. An informal conversation. Easy and enjoyable to read, full of straightforward, useful examples and entertaining, often amusing, anecdotes. The book even touches on the history and philosophy of international arbitration.

Anticipating just about every question likely to arise in an arbitration (and some less Likely ones too), the author offers valuable insights into such matters as the following:-

  • preparing Procedural Order No. 1;
  • overcoming language difficulties;
  • how to organize an efficient hearing;
  • instructing interpreters;
  • instructing fact witnesses;
  • how to spot a lying witness;
  • when and how to argue the law;
  • how to draft awards;
  • dealing with dissenting arbitrators;
  • removal or replacement of arbitrators;
  • handling personal challenges; and
  • costs submissions.

An enormously useful Appendix contains 22 of the author’s own templates and checklists, including a comprehensive Procedural Order No. 1 and Procedural Timetable. This books clearly sets itself apart from any comparable handbook in the field. For many arbitrators and counsel, it will become the most frequently used resource when sensible, realistic and wise guidance is called for.

Subjects:
Arbitration and Dispute Resolution
Contents:
INTRODUCTION International Contracts and Dispute Resolution.
CHAPTER 1 Arbitration Agreement and Applicable Law Clause.
CHAPTER 2 Performing International Contracts, Pre-arbitration Problems.
CHAPTER 3 Setting Up the Arbitral Tribunal.
CHAPTER 4 Initial Steps in an Arbitration. C
HAPTER 5 Written Submissions, Evidence.
CHAPTER 6 Hearing.
CHAPTER 7 Deliberation and Award.
CHAPTER 8 Judicial Remedies at the Seat.
CHAPTER 9 Enforcement of Awards in the Country of Enforcement.
CHAPTER 10 History of Arbitration.
CHAPTER 11 Philosophy of Arbitration.
ANNEXES:
ANNEX (A) Our Arbitration Team, and Theirs, Internal Party Worksheet.
ANNEX (B) First Letter from Co-arbitrators to Parties on Appointment of Presiding Arbitrator.
ANNEX (C) Letter from Co-arbitrators to Parties after Having Found a Presiding Arbitrator Candidate.
ANNEX (D) First Letter of the Presiding Arbitrator Candidate to the Co-arbitrators.
ANNEX (E) Letter of the Presiding Arbitrator to Co-arbitrators Re the Draft “Three Documents”.
ANNEX (F) First Letter of the Arbitral Tribunal to the Parties.
ANNEX (G) Cover Letter to Parties for the Arbitral Tribunal’s First Draft Terms of Reference.
ANNEX (H) ICC Terms of Reference or Constitution Order.
ANNEX (I) Cover Letter to Parties for First Draft Procedural Timetable.
ANNEX (J) Procedural Timetable.
ANNEX (K) Cover Letter to Parties for First Draft of Procedural Order No.
1.
ANNEX (L) Procedural Order No.
1.
ANNEX (M) Challenge of Arbitrators.
ANNEX (N) Instructions to Our Fact Witnesses.
ANNEX (O) Instructions to Tribunal-Appointed Expert.
ANNEX (P) Correspondence Preparing for Experts’ Hearing.
ANNEX (Q) Checklist for Hearing Rooms.
ANNEX (R) A Few Tables of Contents of Awards.