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Handbook on International Commercial Arbitration

Handbook on International Commercial Arbitration

Name: Handbook on International Commercial Arbitration
Brand: Juris Publishing
SKU: 9781933833316
Price: 1500.00 HKD
Availability: OutOfStock
Author: Peter Ashford
ISBN: 9781933833316

By Peter Ashford

Juris Publishing October 2009

Specifications

ISBN-13: 9781933833316
Publisher: Juris Publishing
Publication: October 2009
Format: Paperback , 600 pages
Jurisdiction: International ? Countri(es) for reference only

Details

This handbook will assist the practitioner, whether lawyer, counsel or arbitrator, in some of the practical minefields of international commercial arbitration. It considers the typical course of an international commercial arbitral proceeding, from deciding what claims may be arbitrated to calculating damages and the contents of an award, giving guidance and sample documents for each step. It also provides an extensive discussion of discovery and the presentation of evidence during hearings. This will work in aid the efficiency of the arbitral process, especially by reducing time and cost. For counsel and arbitrators alike, it provides a convenient reference work for the problems that inevitably arise in the procedural and substantive steps in arbitration. Analyzing the relevant law and rules from a range of jurisdictions and international arbitral institutions, theHandbook is a truly invaluable companion for everyone involved in international commercial arbitration.

Preface

Chapter 1
What Claims May Be Arbitrated

Chapter 2
Separability

Chapter 3
The Proper Law

Chapter 4
Conditions Precedent to a Reference

Chapter 5
Getting Started

Chapter 6
Parties and International Commercial Arbitration

Chapter 7
Arbitral Independence

Chapter 8
Duties and Obligations of the Arbitral Tribunal

Chapter 9
Preliminary Meeting

Chapter 10
Terms of Reference and Lists of Issues

Chapter 11
Secretaries

Chapter 12
Representation

Chapter 13
Written Pleadings

Chapter 14
Set-Off

Chapter 15
Interim Measures

Chapter 16
Procedural Agreements and Party Autonomy

Chapter 17
Giving Discovery

Chapter 18
Disputes on the Extent of Discovery Given

Chapter 19
Confidentiality as a Ground for Resisting Disclosure

Chapter 20
Confidentiality and Subsequent Use

Chapter 21
Enforcement of Discovery by Assistance from National Courts

Chapter 22
Data Protection and Discovery

Chapter 23
Foreign Languages and Translations

Chapter 24
Documents for Impeachment

Chapter 25
Continuing Duty of Discovery

Chapter 26
Electronic Documents

Chapter 27
Legal Professional Privilege: Who and What Is Covered?

Chapter 28
Non-Party Discovery

Chapter 29
Bundles

Chapter 30
Witness Statements

Chapter 31
Expenses of Witnesses

Chapter 32
Expert Evidence

Chapter 33
Evidentiary Hearings and Advocacy in International Commercial Arbitration

Chapter 34
Precedent

Chapter 35
Damages

Chapter 36
Costs in International Arbitration

Chapter 37
Costs Capping

Chapter 38
Security for Costs

Chapter 39
Costs Orders

Chapter 40
Discontinuance and Costs

Chapter 41
Costs of Applications

Chapter 42
Costs of the Reference

Chapter 43
Costs: Assessing the Amounts

Chapter 44
The Award

Appendices 1-40

Appendix 1
Laws of the Arbitration

Appendix 2
Sample Formal Parts of Award on Non-Compliance with Condition Precedent

Appendix 3
Sample Request for Arbitration

Appendix 4
Sample Answer to Request

Appendix 5
Sample Joint Letter to Potential Chairman from Counsel to Parties

Appendix 6
Sample Agenda for First Meeting

Appendix 7
Sample Terms of Reference

Appendix 8
Sample List of Issues

Appendix 9
Sample Letter for the Appointment of a Secretary

Appendix 10
Sample Order for Limiting Written Pleadings

Appendix 11
Sample Responsive and Amalgamated Defence with Claim

Appendix 12
Sample Letter of Application to Tribunal for Various Orders (Including Discovery)

Appendix 13
Sample Order for Full Discovery

Appendix 14
Sample Order for Reduced Discovery

Appendix 15
Sample Order for Limited Discovery — Only Documents Relied Upon

Appendix 16
Sample Order for Limiting Discovery

Appendix 17
Table Comparing Disclosure under Various Arbitration Models

Appendix 18
Sample Procedural Order for Discovery Disputes

Appendix 19
Sample Order Stating Chairman’s Role in Deciding Discovery Disputes

Appendix 20
Sample Order for Disclosure of Information that May Contain Personal Data

Appendix 21
Sample Order Governing Treatment of Foreign Languages and Translations

Appendix 22
Sample Order Governing Treatment of Electronic Documents

Appendix 23
Sample Order Governing Treatment of Bundles

Appendix 24
Sample Order Permitting Expert Evidence

Appendix 25
Sample Declaration by Expert

Appendix 26
Checklist of Key Components of an Award

Appendix 27
Sample Consent Award

Appendix 28
Sample Costs Capping Order

Appendix 29
Types of Costs Orders

Appendix 30
Sample Orders for Security for Costs

Appendix 31
Sample "Sealed Offer"

Appendix 32
UNCITRAL Model Law on International Commercial Arbitration

Appendix 33
ICC Rules of Arbitration

Appendix 34
LCIA Arbitration Rules

Appendix 35
AAA-ICDR Dispute Resolution Procedures

Appendix 36
UNCITRAL Arbitration Rules

Appendix 37
UNCITRAL Notes on Organizing Arbitral Proceedings

Appendix 38
IBA Rules on the Taking of Evidence in International Commercial Arbitration

Appendix 39
IBA Guidelines on Conflicts of Interest in International Arbitration

Appendix 40
Contact Information for Various International Arbitral Institutions

Table of Cases

Index

About the Author

Peter Ashford is a Partner and Head of commercial dispute resolution in the firm Cripps Harries Hall LLP, United Kingdom and a member of the Chartered Institute of Arbitrators. He has been involved in representing parites in arbitration for over 20 years. Mr. Ashford advises on a wide range of commercial disputes with a particular emphasis on substantial commercial contract disputes, especially those involving an international aspect, partnership and LLP di sputes, professional issues for solicitors and professional negligence. He is particularly experienced in complex, high value claims and acts for many international clients. Mr. Ashford recevied his training in London and qualified in 1986. He joined Cripps Harries Hall LLP in 1987 and became a partner in 1991.

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