The Dispute Arises-What Next?
   Arthur W. Rovine, New York

The Terms of the Contract

Interim Measures of Protection

Related Court Proceedings

Dispute Resolution Processes

Negotiation

Dispute Review Board

Whether to Arbitrate or Litigate

Obtaining Information
   Jeremy B. Winter, London

Preservation of Documents

Identification of Witnesses

Obtaining an Understanding of the Underlying Transaction

Taking Written Statements from Witnesses

Managing Documents through Databases and Intranets

Advising on the Merits

Cost and Time Estimates

Commencement Of Arbitration
   Jacqueline Mimms, London

Date of Commencement

Extending Time for Commencement of Arbitral Proceedings

Form of Notice Commencing Arbitral Proceedings

Method of Service of Notice of Arbitration

Number of Arbitrators

Place/Seat of Arbitration

Nomination of Party-Appointed Arbitrator or Proposal for the Identity of Sole Arbitrator

Staying Court Proceedings / Compelling Arbitration
   Richard Hill, London

Staying Court Proceedings under the New York Convention

The Impact of National Law

Drafting the Arbitration Clause to Minimize the

Risk of a Court Accepting Jurisdiction

Waiver of the Arbitration Agreement

Commencing Parallel Arbitration Proceedings

Decision as to Whether to Contest the Court

Proceedings on the Merits

Resisting Enforcement of Judgments Granted

Contrary to an Arbitration Agreement

Selection of The Tribunal
   J. Brian Casey, Toronto

The Number of Arbitrators

Choosing an Arbitrator

What to Look for in an Arbitrator

Impartiality and Independence

Nationality of the Arbitrator

Communications with Arbitrators Leading to Appointment

Challenging Appointment

Provisional Relief
   Grant Hanessian, New York and Juergen Mark, Dusseldorf

The Need for Provisional Relief

Provisional Relief from National Courts

The Uncertain Situation Under US Law

Provisional Relief In A Jurisdiction Other Than the Situs of the Arbitration

Provisional Relief from the Arbitral Tribunal

Immediate Relief by Arbitral Institutions in Advance of Appointment of a Tribunal

Security For Provisional Relief and Arbitration Costs

Challenges To Jurisdiction
   Jonas Benedictsson and Stefan Bessman, Stockholm and Andrew J.L. Aglionby, Hong Kong

The Doctrine of Separability and "Kompetenz-Kompetenz"

Challenge made in the Arbitration or to the Courts?

Grounds for Challenge-No Valid Agreement

Grounds for Challenge-Disputes Beyond the

Agreement and Arbitrability

Cultural Factors and Language
   Jeremy Winter, London and Lawrence W. Newman, New York

Cultural Factors

Witness and Documentary Evidence

Hearings

Settlement

Communications with Arbitrators

Independence of Arbitrators

Ethics

Remuneration

Practicalities and Formalities

Language

Procedural Matters Checklist
   Robert B. Davidson, New York and Werner Mueller, Frankfurt

Procedural Rules in the Absence of Agreement

Procedures Applicable Prior to a Hearing

Procedures Applicable at a Hearing

Expert Testimony

Timing of Proceedings

Discovery and Production Of Evidence
   Richard M. Franklin, Chicago

Types of Discovery

Discovery under Arbitration Rules

Discovery under Rules of Evidence

Role of National Arbitration Laws

The Arbitral Tribunal’s Discretion Regarding Discovery

Effect of an Express Arbitration Clause Governing Discovery

Whether to Agree to Discovery

Resolution of Discovery Disputes

Procedures for Producing Documents

Expert Evidence
   Christopher C. Newmark, London

When Expert Evidence is Needed

Experts Appointed by the Tribunal

Experts Appointed by the Parties

The Scope of the Expert Evidence and the Number of Experts

Selecting and Instructing a Party Appointed Expert

The Expert’s Duties

The Expert’s Written Report

Meetings of Experts

Preparation for the Final Hearing

Expert Evidence at the Final Hearing

The Arbitration Hearings
   Lawrence W. Newman, New York

The Number of Hearings

The Method of Presenting Evidence

Time Limits for Questioning Witnesses

Cross-examination

Limitations on Cross-Examination and Re-Direct Examination

Preparation of Witnesses

The Status of Witnesses

Admissibility of Evidence

Determination of the Weight of Evidence

Practical Arrangements

Post-Hearing Matters
   David Zaslowsky and Susan R. Knox, New York

Obtaining the Full Record

Supplementing the Record

Desirability of Post-hearing Memoranda

Arrangements for Post-hearing Memoranda

Oral Argument

Surprises from the Arbitrators

Desirability of Reopening the Hearings

Do Not Waive any Rights

Stipulations and other Arrangements Concerning the Award

Pursuit of Settlement

Correcting the Award

The Award
   Leigh W. Duthie, Melbourne

Reasoned and Unreasoned Awards

The Supervisory Role of the ICC Court

Time Limit for the Award

Dissenting Opinions

Awards for Costs

Awards for Interest

Writing The Award-An Arbitrator’s Perspective
   George A. Bermann
   Walter Gellhorn Professor of Law; Director, European Legal Studies, Columbia University Law School

Partial and Unitary Awards

Completeness of the Award

Content of the Award

Drafting

Reasoning

Dissents and Concurrences

Award by Consent

Miscellaneous Instructions

Correction, Omission, and Clarification

Confidentiality of the Award

Challenging the Arbitration Award
   David A. Fraser, London

Time Limits

The Usual Grounds for a Challenge

Errors and Omissions

Recourse to the Courts

Mistakes of Fact and Law

Lack of Jurisdiction

Due Process and Procedural Irregularity

Effect of a Successful Challenge

Enforcement Of Awards
   David J. Howell, Singapore

Enforcement under the New York Convention

Requirements for Enforcement of a Convention Award

Enforcement of Interim Awards

Grounds for Refusing Enforcement of a Convention Award

Limitation Periods

State Immunity

Practical Enforcement of the Award

Dispute Resolution Clauses I:  Whether To Choose Arbitration
   Bruce H. Jackson and Mark J. Jarrett, San Francisco

Enforcement of Awards and Judgments

Neutrality and Quality of Justice

Costs of Arbitration v. Litigation

Speed of Proceedings

Convenience and Flexibility

The Discovery Process

Privacy and Confidentiality of Proceedings

Rights of Appeal and Challenges in Arbitration and Litigation

Dispute Resolution Clauses II: How To Choose Arbitration
   Michael L. Morkin, Chicago

Scope of Arbitration Clauses

Conditions Precedent to Arbitration (Negotiation, Mediation)

Place of Arbitration and Language

Institutional Rules or Ad hoc Arbitration

Ex aequo et bono

Number of Arbitrators and Selection Process

Discovery

Consolidation

Timing of Proceedings

Confidentiality

Qualifications and Neutrality of Arbitrators

Interim Relief

Limitation on Damages

Attorney’s Fees and Costs

Finality/Appeal

Confirmation or Entry of Judgment Clause

Foreign Sovereign Immunity Waiver

Institutional Clauses

   Appendix 1:

Convention on the Recognition and Enforcement of Foreign Arbitral Awards, New York, June 10, 1958

   Appendix 2:

List of Contracting States to New York Convention

   Appendix 3:

UNCITRAL Model Law on International Commercial Arbitration

   Appendix 4:

UNCITRAL Arbitration Rules

   Appendix 5:

ICC Rules of Arbitration

   Appendix 6:

International Centre for Dispute Resolution International Arbitration Rules

   Appendix 7:

LCIA Rules

   Appendix 8:

The IBA Rules on Taking Evidence in International Commercial Arbitrations

Index