Planning efficient arbitration proceedings: the law applicable in international arbitration
Kluwer Law International, 1996 - Law - 616 pages
International arbitrators face a challenge: To improve the efficiency and predictability of arbitration proceedings. In this volume of ICCA's Congress Series, international experts and practitioners in the field of arbitration put forward answers to this challenge. For coherence, The organizers of ICCA's 12th International Arbitration Congress, held in Vienna in November 1994, divided the forum into two working groups: 'Planning Efficient Arbitration Proceedings' and 'The Law Applicable in International Arbitration'. Group I focused on the arbitrator's ability to plan proceedings, using various formal and informal methods. UNCITRAL Draft Guidelines--which provide arbitrators with a written reminder of items to cover while planning proceedings--received particular attention. During debate, proponents emphasized the 'optional' character of the guidelines to allay fears that more efficiency would reduce the ability to solve disputes flexibly. Group II addressed the complications arbitral tribunals may encounter when different law applies To The substance of a dispute and To The procedure itself. This group also turned to three other relevant systems of law: The law governing the capacity of the parties, The law applicable To The arbitration agreement, And The appropriate conflicts-of-law rules to determine the governing substantive law. Both groups reported a desire for a more standardized and international approach to arbitration proceedings and emphasized the need to prevent parochial national preference from creating unnecessary obstructions.
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WORKING GROUP I
Possible Methods of Increasing Efficiency
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agree applicable law arbitral award arbitral institutions arbitral procedure arbitral proceedings arbitral tribunal Arbitration Act arbitration agreement arbitration clause arbitration laws Chamber of Commerce checklist choice of law civil law Civil Procedure claim Code of Civil Commission common law conduct conflict of laws considered contract Court of Arbitration decide decision determine discovery discussion dispute documents droit enforcement English evidence expert witness governing hearing ICC award ICC Rules ICCA Yearbook Commercial ICSID international arbitration International Commercial Arbitration issues jurisdiction law applicable law countries law rules law systems LCIA legal systems lex mercatoria national law oral participants particular parties place of arbitration preparatory conference present principles private international law procedural law Prof public policy question relevant Report Rome Convention rules of law substantive law Terms of Reference testimony Topic trade usages transnational rules UNCITRAL Arbitration Rules UNCITRAL Model Law Vienna Yearbook Commercial Arbitration