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Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
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So, Now You Are an Arbitrator: The Arbitrator's Toolkit


ISBN13: 9789403524207
Published: October 2022
Publisher: Kluwer Law International
Country of Publication: Netherlands
Format: Hardback
Price: £161.00



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So, Now You Are an Arbitrator is a practical book elucidating the importance of getting the procedure right in arbitration. It commences with the first-ever request to be an arbitrator and walks the reader through all the stages of an arbitration. It identifies some of the shortcomings and contains useful checklists. It advises on how to deal with conflicts, conduct hearings, deal with document requests, deal with experts, deal with challenges, agree on fees, draft procedural orders and awards, and how to not take on too much.

Authored by two experienced and eminent international arbitrators, the book delivers invaluable guidance on the following details of the arbitral process:

  • terms of appointment;
  • appointment of a tribunal secretary;
  • steps to be taken before Procedural Order No. 1;
  • written submissions;
  • witnesses;
  • third-party funding and contingency issues;
  • keeping track of the money;
  • interim measures; and
  • expedited proceedings and early determination.

The book furnishes links to important documents, and nineteen appendices comprise model forms for documents, agendas, orders, declarations, schedules, and protocols.

Offering an authentic treasure trove of priceless suggestions and hints which would only be known to arbitrators of many years’ standing, this highly pragmatic book will immensely augment the ability of both new and experienced arbitrators to obviate problems. It will interest counsel appearing in arbitrations who may benefit from seeing things from the tribunal’s point of view.

Subjects:
Arbitration and Alternative Dispute Resolution
Contents:
Foreword by Lord Neuberger of Abbotsbury
Preface
Introduction
1. The Letter of Possible Appointment
2. The Terms of Appointment
3. Appointing the Chair
4. Steps to Be Taken Before Procedural Order No.
1
5. Procedural Order No.
1
6. The Appointment of a Tribunal Secretary
7. Keeping Track of the Money
8. Dealing with a Non-participating Party
9. Early Opening
10. Virtual Hearings
11. Expert Evidence
12. Tips for the General Conduct of Proceedings
13. Emergency Arbitrators and Interim Measures
14. Expedited Proceedings and Early Determination
15. Deliberations
16. Costs
17. Award Drafting
18. Challenges
19. Closure of Proceedings, Functus Officio, Corrections and Interpretations
20. Data Protection and Cybersecurity
Final Thoughts
Appendix I: Draft Letter to Parties
Appendix II: Terms of Appointment of the Tribunal
Appendix III: First Case Management Conference – Agenda
Appendix IV: Terms of Appointment of the Tribunal Secretary
Appendix V: TS Declaration of Independence and Impartiality
Appendix VI: ICC Terms of Reference
Appendix VII: Procedural Order No.
1
Appendix VIII: Procedural Order No.
1 (ICSID)
Appendix IX: Security for Costs
Appendix X: Procedural Orders on Document Production
Appendix XI: Armesto Schedule
Appendix XII: Correspondence Log
Appendix XIII: Award Table of Contents
Appendix XIV: Costs Schedule
Appendix XV: Expert Witness Protocol (Pleadings)
Appendix XVI: Expert witness Protocol (Memorials)
Appendix XVII: Virtual hearing Protocol
Appendix XVIII: Delos Virtual hearing Protocol
Appendix XIX: Inns of Court College of Advocacy: Principles for Remote Hearings
Table of Cases
Index