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A Practical Guide to International Arbitration in London

Book Description

With the development of international arbitration globally and London as a leading arbitration centre, the need for knowledge of the subject extends to a wider legal audience. A Practical Guide to International Arbitration in London takes a pragmatic look at how to run an international arbitration with a London seat. It explores on a stage-by-stage basis the tactical, procedural and legal issues that need to be considered in an international arbitration in London from the perspective of the arbitral process, including its relationship with the support given by the English courts. The book also examines the role of the English courts in assisting foreign arbitrations.

Table of Contents

  1. Cover
  2. Title
  3. Copyright
  4. Dedication
  5. Preface
  6. Contents
  7. Table of Cases
  8. Table of Legislation, Conventions and Rules
  9. Introduction
  10. 1.   SOME RELEVANT ASPECTS OF THE ENGLISH LEGAL SYSTEM AND PRACTICE
    1. Introduction
    2. The court system
    3. The split profession and its relevance to international arbitration
    4. Civil procedure
    5. European Community law
  11. 2.   OVERVIEW OF THE ADVANTAGES AND DISADVANTAGES OF INTERNATIONAL ARBITRATION COMPARED WITH OTHER FORMS OF DISPUTE RESOLUTION
    1. Introduction
    2. Enforcement
    3. Privacy and confidentiality
    4. Cost and delay
    5. Choice of the tribunal
    6. A neutral forum
    7. Forum shopping
    8. Additional parties and other claims
    9. Precedent and certainty of result
    10. Flexibility of the process
    11. Other forms of dispute resolution
  12. 3.   UNDERSTANDING ARBITRATION CLAUSES
    1. Introduction
    2. The basic essentials of an arbitration clause
    3. Arbitral institution, independent rules or ad hoc
    4. The tribunal
    5. The seat of the arbitration
    6. The applicable law
    7. The language
    8. Time limits and pre-conditions to commencement of arbitration
    9. Additional possible exclusions and inclusions
    10. Defective or pathological arbitration clauses
  13. 4.   THE SCOPE OF THE ARBITRATION CLAUSE
    1. Introduction
    2. Whether the dispute is covered by the clause
    3. Set-offs and counterclaims
    4. The parties to the arbitration agreement
    5. Non-signatories and third parties
    6. Assignees and insurers
    7. States
    8. Consolidation and concurrent hearings
    9. Other issues relating to parties
    10. How the parties should approach such issues
    11. Availability of remedies
  14. 5.   CHOOSING THE TRIBUNAL AND THE LEGAL TEAM
    1. Introduction
    2. Choosing the tribunal
    3. The ten criteria for nominating an arbitrator
    4. Finding out about English arbitrators
    5. Choosing the legal team
  15. 6.   ACTIVITY AND CONSIDERATIONS PRIOR TO COMMENCING AN ARBITRATION
    1. Introduction
    2. The appointment of an emergency arbitrator or expedited tribunal
    3. Applications to the English court before the tribunal is fully constituted
    4. Applications for a stay of court proceedings
    5. Multi-tier clauses and alternative dispute resolution
  16. 7.   FIRST STEPS IN THE PROCESS
    1. Introduction
    2. Starting the arbitration
    3. The response and reply
    4. Appointing the tribunal
    5. Challenges to the arbitrator
    6. Arbitrators' tenure
    7. Matters for agreement between the parties
    8. Advance costs and deposits
  17. 8.   ACTIVITY AND CONSIDERATIONS FOLLOWING THE FORMATION OF THE TRIBUNAL
    1. Introduction
    2. Initial general communications and directions by the tribunal
    3. Non-participating parties
    4. Terms of Reference
    5. Bifurcation and preliminary issues
    6. Security for costs
    7. Preservation of evidence and other interlocutory applications
    8. An order limiting recoverable costs and other protective measures as to costs
    9. Exclusion of recourse to the courts
  18. 9.   JURISDICTION
    1. Introduction
    2. The autonomy of the arbitration agreement
    3. The effect of delay in raising jurisdictional issues
    4. The powers of the tribunal
    5. The powers of the court prior to an award
    6. Applications to the court for determination of a preliminary point of jurisdiction
    7. Application to the court by a respondent for a declaration or injunction
    8. Appeals and challenges to the award
  19. 10.   DIRECTIONS AND TIMETABLE
    1. Introduction
    2. Further written statements or submissions
    3. Disclosure issues between the parties
    4. Disclosure from third parties
    5. Expert evidence
    6. Witnesses of fact
    7. Other common directions
    8. Ensuring compliance
  20. 11.   APPLICATIONS TO THE COURT PRIOR TO THE HEARING
    1. Introduction
    2. Procedure
    3. Injunctions, including freezing orders, relating to London arbitration
    4. Other provisional measures
    5. Section 44(6) of the 1996 Act
    6. Preliminary points of law
    7. Anti-suit injunctions to restrain foreign proceedings and anti-arbitration injunctions
    8. Aiding foreign arbitrations
  21. 12.   ONGOING ISSUES AND PREPARING FOR THE HEARING
    1. Introduction
    2. Common issues and problems
    3. Procedural orders and hearings
    4. Provisional awards
    5. Costs and charges
    6. Court applications
    7. Hearing preparation
    8. Initiatives from the tribunal
    9. Protection as to costs
    10. Mediation
  22. 13.   HEARINGS
    1. Introduction
    2. Miscellaneous matters
    3. Written submissions
    4. Opening statements
    5. Oral evidence
    6. Experts
    7. Applicable law
    8. Final submissions
    9. Privacy and confidentiality
  23. 14.   AWARDS
    1. Introduction
    2. Remedies
    3. Assessing damages
    4. Form and contents of awards
    5. Partial awards
    6. Costs
    7. Settlements
    8. Communicating the award to the parties
    9. Confidentiality
  24. 15.   CHALLENGES TO AN AWARD AND APPEALS GENERALLY
    1. Introduction
    2. Section 67 of the 1996 Act (jurisdiction)
    3. Section 68 of the 1996 Act (serious irregularity)
    4. Section 69 of the 1996 Act (appeal on point of law)
    5. Challenges and appeals generally
    6. Appeals to the Court of Appeal
  25. 16.   ENFORCEMENT OF AN ENGLISH OR FOREIGN AWARD
    1. Introduction
    2. Enforcement under section 66 of the 1996 Act
    3. Recognition and enforcement of New York Convention awards
    4. Procedure
    5. Ancillary measures
    6. States
  26. 17.   INVESTMENT TREATY ARBITRATION
    1. Introduction
    2. Justiciability
    3. Enforcement
  27. A. Arbitration Act 1996
  28. B.1 Index to Comparison of the Rules of the LCIA, ICC, ICDR and UNCITRAL.
  29. B.2 Index of the LCIA, ICC, ICDR and UNCITRAL Rules in numerical order
  30. B.3 Comparison of the Rules of the LCIA, ICC, ICDR and UNCITRAL
  31. C.1 CPR Part 62: Arbitration Claims
  32. C.2 CPR Part 62 Practice Direction (and forms N8, N8A, N8B and N15)
  33. D. The Admiralty and Commercial Courts Guide—Sections F and O
  34. E. IBA Rules on the Taking of Evidence in International Commercial Arbitration
  35. F. The Chartered Institute of Arbitrators: Protocol for the Use of Party-Appointed Expert Witnesses in International Arbitration
  36. G. The New York Convention
  37. Glossary
  38. Index