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.
1. Introduction 2. What is international arbitration? 2.1 How is it different compared to other methods of resolving disputes? 2.2 Why use international arbitration? 2.3 Types of International Arbitration 3. The Legal Framework 3.1 International Treaties/The New York Convention 3.2 National Arbitration Laws 3.3 Major Institutional Arbitration Rules 3.4 International arbitral practice/Internationally accepted rules [/ guidelines] 4. Agreeing to Arbitration 4.1 The Arbitration Agreement 4.2 What is an arbitration agreement and why is it important to get it right? 4.3 What is the legal effect of agreeing to arbitration? 4.4 Timing of agreement to refer the dispute to arbitration 4.5 What matters are important to consider before agreeing to arbitration? 5. Drafting arbitration clauses 5.1 What are essential matters that must be included in an arbitration clause? 5.2 What optional matters could be included in an arbitration clause? 5.3 What should not be included in an arbitration clause? 5.4 Model arbitration clauses 5.5 Negotiating the terms of the arbitration agreement 5.6 Expedited arbitration 6. Pre-commencement 6.1 Pre-commencement arbitration procedures in arbitration agreement 6.2 Preliminary Correspondence 6.3 Contacting key witnesses 6.4 Gathering key documents and other evidence 6.5 Notification of claim to interested parties 6.6 Assessing likely cost of the arbitration 7. Commencement of Arbitration 7.1 Whether to be Claimant or Respondent? 7.2 How to start an arbitration proceeding? 7.3 Jurisdictional challenges 7.4 Objections to institutional arbitration 7.5 Urgent Interlocutory Relief - Emergency Measures and Emergency Arbitrators 8. Selecting the Tribunal or Arbitrator 8.1 8.2 Confirmation of appointment and constitution of the Tribunal 9. Dealing with the Tribunal 9.1 Contacting the Tribunal 10. Preparation of Terms of Reference 10.1 10.2 Agreement to the Procedural timetable 10.3 Amendments to the procedural timetable 10.4 Interlocutory Applications or Provisional Measures 10.5 Suspicions of illegality, bribery or money laundering 10.6 Payment of deposits to meet tribunal's fees and the costs of arbitration 11. Developing the case 11.1 Written submissions 11.2 Discovery 12. The Hearing 12.1 Place of Hearing 12.2 Hearing Arrangements 12.3 Opening submissions 12.4 Cross examination 12.5 Closing Submissions vs Post Hearing Submissions 13. Costs 13.1 Applications for costs 13.2 Costs Methodology and costs submissions 13.3 Negotiating an adverse costs award 14. After the Hearing 14.1 The Award 14.2 Enforcing the Award 14.3 Challenging Enforcement 14.4 Challenging the Award 14.5 Correcting an Award 15. Appendix 15.1 Model arbitration clauses 15.2 Model pleadings 15.3 Comparison of major arbitral rules About the authors