Arbitration / Mediation / Litigation Litigation & Dispute Resolution

Handbook of ICC Arbitration: Commentary, Precedents and Materials, 5th Edition

Edited by Michael Bühler · Thomas H. Webster
Sweet & Maxwell U.K. December 2021

Specifications

ISBN-13
9780414097407
Publisher
Sweet & Maxwell U.K.
Publication
December 2021
Format
Hardback , 974 pages
Jurisdiction
International ? Countri(es) for reference only

Details

a valuable contribution to ICC arbitration” - Alexis Mourre, President of the ICC International Court of Arbitration

Written by experienced practitioners as arbitrators and counsel in dozens of cases each year, The Handbook of ICC Arbitration reflects the very latest practice in ICC arbitration.
 
Key features:
  • Provides article-by-article commentary on the new 2021 ICC Rules of Arbitration, incorporating discussion of ICC Notes and developments in case law and soft law.
  • Chapters guide the practitioner through the arbitral process, from commencement, to the arbitral tribunal, arbitral proceedings, and awards and costs.
  • Examines the diverse issues that can occur during an arbitration, from appointment and challenge of arbitrators, case management conferences, issues of due process and hearings, admissibility and weight of evidence, and annulment and enforcement of awards.
  • Contains a useful selection of models, notes, checklists and examples.
New to this edition:
  • The 2021 ICC Rules of Arbitration effective as of 1st January 2021.
  • Note to the Parties and Arbitral Tribunals on the Conduct of the Arbitration under the ICC Rules of Arbitration as updated on 1st January 2021.
  • The IBA’s Rules on the Taking of Evidence in International Arbitration as revised December 2020.
  • The Prague Rules on the Efficient Conduct of Proceedings in International Arbitration (14th December 2018).

Table of Contents

INTRODUCTION

PART I ARBITRATION RULES
  • CHAPTER 1 INTRODUCTORY PROVISIONS
  • CHAPTER 2 COMMENCING THE ARBITRATION
  • CHAPTER 3 MULTIPLE PARTIES, MULTIPLE CONTRACTS AND CONSOLIDATION
  • CHAPTER 4 THE ARBITRAL TRIBUNAL
  • CHAPTER 5 THE ARBITRAL PROCEEDINGS
  • CHAPTER 6 AWARDS
  • CHAPTER 7 COSTS
  • CHAPTER 8 MISCELLANEOUS
PART II MODELS, PRECEDENTS AND EXAMPLES
  • STANDARD ICC ARBITRATION CLAUSES
  • LIST OF ADDRESSES FOR NOTIFICATION OF THE REQUEST FOR ARBITRATION
  • NOTE TO THE PARTIES AND ARBITRAL TRIBUNALS ON THE CONDUCT OF THE ARBITRATION UNDER THE ICC RULES OF ARBITRATION (2021 ICC NOTE)
  • NOTE TO PARTIES AND ARBITRAL TRIBUNALS ON ICC COMPLIANCE 
  • STATEMENT OF TIME AND TRAVEL FOR WORK DONE IN THE PERIOD BEGINNING AND ENDING
  • ICC ARBITRATOR'S STATEMENT OF ACCEPTANCE, AVAILABILITY, IMPARTIALITY AND INDEPENDENCE (ART.11 OF THE RULES)
  • FOR EXPEDITED ARBITRATION
  • FOR EMERGENCY ARBITRATION
  • ICC MODEL CURRICULUM VITAE FOR ARBITRATORS
  • ICC CHECKLIST FOR EMERGENCY ARBITRATOR ORDER
  • (ICC) MODEL TERMS OF REFERENCE
  • MODEL PROCEDURAL ORDER NO.1 (SPECIAL PROCEDURAL RULES) (ART.24 OF THE RULES) 
  • (ICC) MODEL PROCEDURAL TIMETABLE
  • ICC CHECKLIST FOR A PROTOCOL ON VIRTUAL HEARINGS
  • ICC AWARD CHECKLIST
  • ICC CHECKLIST ON CORRECTION AND INTERPRETATION OF AWARDS
PART III APPENDICES AND FURTHER MATERIAL
  • ICC RULES OF ARBITRATION WITH APPENDICES TO THE RULES (JANUARY 2021) 
  • NEW YORK CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS (JUNE 1958) (THE “NEW YORK CONVENTION”) 
  • UNCITRAL MODEL LAW ON COMMERCIAL ARBITRATION WITH RECOMMENDATION REGARDING THE INTERPRETATION OF ARTICLE II, PARAGRAPH 2, AND ARTICLE VII, PARAGRAPH 1, OF THE NEW YORK CONVENTION (THE “UNCITRAL MODEL LAW”) (JULY 2006) 
  • IBA RULES ON THE TAKING OF EVIDENCE IN INTERNATIONAL ARBITRATION (THE “IBA RULES OF EVIDENCE”) (DECEMBER 2020)
  • IBA GUIDELINES ON CONFLICTS OF INTEREST IN INTERNATIONAL ARBITRATION (THE “IBA CONFLICT OF INTEREST GUIDELINES”) (2014) 
  • IBA GUIDELINES ON PARTY REPRESENTATION IN INTERNATIONAL ARBITRATION (THE “IBA REPRESENTATION GUIDELINES” (MAY 2013) 

About the Author

Thomas Webster is a Canadian lawyer admitted to practice in the US, France and England.

Since 2006 he has been a Canadian Member of the ICC International Court of Arbitration. He is a Fellow for the Chartered Institute of Arbitrators; Canadian
representative to the ICC Arbitration Commission (1992-2005); Member of AAA Panel of Arbitrators, SIAC Panel of Arbitrators and Kuala Lumpur Panel of
Arbitrators. He is also a trained mediator with successful mediation experience.

He specialises in the following areas: International litigation and arbitration (ICC, AAA, UNCITRAL, ICDR, CEPANI, LCIA, SCC, ICSID, Swiss Arbitration Rules, Netherlands Arbitration Institute, Polish Court of Arbitration); Mediation; International business transactions, including acquisitions, joint ventures, EU regulations and antitrust; Private investments; Business and company law in France and other European countries.


Michael Bühler is head of litigation at the Paris office of Jones Day, and coordinates the firm’s international dispute resolution practice in Europe. He concentrates on international commercial arbitration and international business transactions and has been practising law in Paris since 1985. He was co-chair of the Rules Revision Committee.

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