In arbitration, procedure is crucial to ensure acceptance of the process. This book is about the importance of getting the procedure right. It begins with the first-ever request to be an arbitrator and takes the reader through all the stages of an arbitration. It points out some of the pitfalls and contains useful checklists. It gives advice 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 not to take on too much.
Written by two experienced and highly respected international arbitrators, the book provides immeasurably valuable guidance on such details of the arbitral process as the following:
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.
Links to important documents are provided, and nineteen appendices include model forms for documents, agendas, orders, declarations, schedules, and protocols.
Providing a veritable treasure trove of invaluable suggestions and hints which would only normally be known to arbitrators of many years’ standing, this eminently practical book will greatly enhance the ability of both new and experienced arbitrators to nip problems in the bud. It will also be of interest to counsel who appear in arbitrations and who may benefit from seeing things from the tribunal’s point of view.
As this book will evolve into a ‘living’ book on the Kluwer website, the authors will continue to keep pace with developments in the field of international arbitration.