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A Practical Guide to International Arbitration in London by Hilary Heilbron

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Chapter 12 Ongoing Issues and Preparing for the Hearing

Introduction

There are a host of issues and problems which can arise as the arbitral process moves forward towards a hearing. Many of these will necessitate the intervention of the tribunal. The tribunal retains a monitoring role, but usually this is pre-empted by one or other of the parties drawing the matter to the tribunal’s attention. This chapter therefore considers the following:

  • common issues and problems:
    • delays,
    • inordinate and inexcusable delay by claimants,
    • non-compliance with the tribunal’s orders,
    • peremptory orders,
    • amendments,
    • disclosure,
    • failure to participate;
  • procedural orders and hearings;
  • provisional awards;
  • costs and charges;
  • court applications;
  • hearing preparation;

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