International Arbitration
A Practical Guide, 2nd ed
Stuart Dutson, Andy Moody, Neil Newing
Published: 2019
Pages: 298
eBook: 9781787421622
"This is a good book. It deserves its place among the best arbitration publications in the English law library, and should be of use to other lawyers far beyond these shores." Steven Friel, The Law Society Gazette
This new edition provides a practical guide to international arbitration. Written by leading experts Stuart Dutson from Simmons & Simmons, Andy Moody from Baker McKenzie and Neil Newing from Signature Litigation, this title explains the stages of the arbitration process in a straightforward 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 evidence, managing oral hearings, 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.
The second edition provides an update to take into account the rule changes that have been adopted by arbitral institutions in the six years since the first edition was published, and to include up-to-date guidance on topical issues such as: third party funding in international arbitration; the increase in the number of multi-party arbitrations; procedural trends including the adoption of expedited timetables and guidance around the use of tribunal secretaries; and issues of ethics applicable to counsel and tribunals in cross-border disputes.
Table of Contents
Title Page | 1 | |
---|---|---|
Copyright Page | 2 | |
Table of Contents | 3 | |
Preface | 5 | |
1. What is international arbitration? | 7 | |
1. The difference between arbitration and other methods of dispute resolution | 8 | |
2. Why use international arbitration? | 15 | |
3. Types of international arbitration | 20 | |
4. Diversity in international arbitration | 23 | |
2. The legal framework | 25 | |
1. The New York Convention | 25 | |
2. National arbitration laws | 27 | |
3. Major institutional arbitration rules | 30 | |
4. Internationally accepted rules and guidelines | 40 | |
3. The legal effect of agreeing to arbitrate | 45 | |
1. The arbitration agreement | 45 | |
2. The legal effect of agreeing to arbitration | 48 | |
3. Jurisdiction and an arbitrator’s powers | 49 | |
4. Arbitrability | 53 | |
4. Drafting arbitration clauses | 55 | |
1. Essential matters to include in an arbitration clause | 55 | |
2. Optional matters to include in an arbitration clause | 64 | |
3. Pathological arbitration agreements | 72 | |
4. Model arbitration clauses | 73 | |
5. Expedited arbitration | 73 | |
5. Pre-commencement of arbitral proceedings | 83 | |
1. Introduction | 83 | |
2. When to commence arbitration | 83 | |
3. Gathering evidence | 91 | |
4. Other pre-commencement steps | 99 | |
6. Commencing an arbitration | 111 | |
1. Whether to be claimant or respondent | 111 | |
2. How to start an arbitration proceeding | 112 | |
3. Jurisdictional challenges | 119 | |
4. Urgent interlocutory relief: emergency measures and emergency arbitrators | 124 | |
7. Selecting the tribunal or arbitrator | 131 | |
1. Criteria required from arbitrators | 131 | |
2. How to choose an arbitrator | 135 | |
3. Number of arbitrators | 137 | |
4. Methods of selection | 138 | |
5. Frustration, delay and default | 141 | |
6. Confirmation of appointment and constitution of the tribunal | 141 | |
8. Dealing with the tribunal | 143 | |
1. Contacting the tribunal | 143 | |
2. Administrative secretaries | 145 | |
3. Keeping the tribunal informed | 145 | |
4. Unresponsive tribunals | 147 | |
5. Suspicions of bribery, corruption or money laundering | 147 | |
9. Establishing procedure | 151 | |
1. Establishing the procedural timetable and conduct of the arbitration | 151 | |
2. ICC Terms of Reference | 152 | |
3. Agreeing the procedural timetable | 159 | |
4. Amendments to the procedural timetable | 172 | |
10. Interlocutory applications and provisional measures | 179 | |
1. Interim, conservatory or provisional measures | 179 | |
2. Court or tribunal? | 180 | |
3. Types of application | 181 | |
4. Making the application | 183 | |
5. Default and summary procedures | 188 | |
11. Developing the case | 189 | |
1. Written submissions | 189 | |
2. Evidence | 200 | |
12. The hearing | 217 | |
1. Practical arrangements for the hearing | 217 | |
2. Procedure at the hearing | 221 | |
3. Closing oral submissions versus written post-hearing submissions | 227 | |
13. Costs | 237 | |
1. Overview | 237 | |
2. Costs of arbitration | 238 | |
3. Applications for costs | 240 | |
14. After the hearing | 251 | |
1. The award | 251 | |
2. Enforcing the award | 253 | |
3. Challenging enforcement at the place where it is sought | 257 | |
4. Challenging the award at the seat of arbitration | 262 | |
5. Correcting an award | 268 | |
15. Table comparing key provisions of arbitration rules | 271 | |
About the authors | 287 | |
Index | 289 |
Review for first edition - The book doesn't just explain what arbitration is and how it works; the authors also give their own practical tips on each issue. The book is therefore an extremely useful and practical read for all practitioners involved in arbitral procedures. We recommend it.
AIA
Association for International Arbitration
Written with the practitioner in mind, the book is logically organised, with a detailed table of contents and index, plus the time-saving feature of useful tips galore, highlighted in boxed shaded sections throughout.
Phillip Taylor MBE
Richmond Chambers
This is a good book. It deserves its place among the best arbitration publications in the English law library, and should be of use to other lawyers far beyond these shores.
Steven Friel, Woodsford Litigation Funding
The Law Society Gazette
The guide is not only an excellent introduction to international (commercial) arbitration but also a good reference for those interested in the practical aspects of arbitration. The book contains a number of tips, examples and precedents which are included to help the reader obtain a good grasp of each stage of the proceedings.
Petya Koycheva PhD
Freeths LLP
Stuart Dutson
Partner, Simmons & Simmons LLP
[email protected]
https://www.linkedin.com/in/stuart-dutson-8a047810/
Stuart Dutson is a partner in Simmons & Simmons international arbitration group based in London. He has a PhD in international commercial law from the University of Cambridge and he specialises in international arbitration, international litigation and international law. He has conducted arbitrations under all major arbitration institutions’ rules in London, Europe, the Middle East and Africa; and has litigated international disputes in London, Australia, Europe, New York, Africa and the Middle East. Dr Dutson has also designed complex dispute resolution mechanisms, including for oil and gas projects in Russia, Chile, Kuwait and Nigeria. Prior to joining Simmons & Simmons, he was at Linklaters and Herbert Smith, and he was Malawi’s State Advocate from 2000 to 2001. He is a former member of the International Chamber of Commerce (ICC) Court of International Arbitration.
Andy Moody
Partner, Baker McKenzie
[email protected]
https://www.linkedin.com/in/andy-moody-36574524/
Andy Moody is a partner in the international arbitration group of the global law firm Baker McKenzie and is based in London. He specialises in international arbitration, international litigation and international law. He has conducted international arbitrations in London, Paris, Singapore, Stockholm, Geneva and Washington DC under the International Chamber of Commerce (ICC), London Court of International Arbitration (LCIA), United Nations Commission on International Trade Law (UNCITRAL), Singapore International Arbitration Centre (SIAC), Court of Arbitration for Sport (CAS), International Centre for Settlement of Investment Disputes (ICSID) and London Maritime Arbitrators Association (LMAA) Arbitration Rules. Mr Moody has also represented clients in the English High Court and conducted many international negotiations and mediations.
Neil Newing
Counsel, Signature Litigation LLP
[email protected]
https://www.linkedin.com/in/nnewing/
Neil Newing is Counsel at Signature Litigation based in London. He specialises in international commercial arbitration and has a wide range of experience, including at the London Court of International Arbitration (LCIA), International Chamber of Commerce (ICC), China International Economic and Trade Arbitration Commission (CIETAC), Singapore International Arbitration Centre (SIAC), Stockholm Chamber of Commerce (SCC), United Nations Commission on International Trade Law (UNCITRAL), ad hoc arbitration proceedings under the Arbitration Act 1996, ancillary or enforcement proceedings before the English courts, claims under investment treaties and cases concerning state entities and state immunity. Prior to joining Signature, Mr Newing was at Eversheds Sutherland where he also spent time in Paris working on public international law matters, including sanctions and obligations of states and state entities. Mr Newing is a member of the Chartered Institute of Arbitrators, the LCIA (including the Young International Arbitration Group), and the ICC (including the Young Arbitrators Forum).