Description

This book guides practitioners and corporate counsel through all aspects of an arbitration. As arbitration has become the standard for international business, corporate counsel at multi-national companies are required to offer advice on a legal system which differs from their own.

It covers questions such as:

• Do we really need arbitration in our contract (and if so, what arbitration best suits my company and contract)?
• How much will it cost (arbitrators, counsel, experts, etc)?
• How long will it take (not just time tables, but realistically)?
• What can I do to reduce the costs and time?
• What am I looking for when appointing an arbitrator?
• Do I really need to hire outside counsel?
• Do I really need to hire "local counsel"?
• If we are aggrieved, will arbitration allow effective recovery?
• How much will arbitration cost?
• How will arbitration affect the relationship with the opponent and do we care?
• Should we go to court or pursue ADR instead, whether or not required/allowed by contract?
• What about investment treaty remedies?
• If we are natural defendant, should we wait for claimant to sue or take the initiative?

The title will provide International Corporate Counsel with a practical and yet exhaustive overview of international arbitration.

Introduction. 1. The Elements of an International Dispute Resolution Agreement. 2. Negotiating an International Dispute Resolution Agreement. 3. When the Dispute Arises. 4. International Settlement Negotiation and Mediation. 5. The Conduct of the Arbitration. 6. After the Arbitration: Challenge, Recognition and Enforcement of the Award. 7. ICSID and Investment Treaty Arbitration. Appendices: 1. Glossary of International Arbitration Terms and Abbreviations. 2. Caseload of Selected Arbitral Institutions. 3. List of International Arbitration and Mediation Institutions, Rules, Laws, Conventions and Other Instruments. 4. Model Clauses for Institutional Arbitration. 5 . Model Clause for Ad Hoc Arbitration. 6. Model Early Case Assessment (ECA) Template. 7. Suggested Model Request for Arbitration for ICC Arbitration. 8. Model Answer to Request for Arbitration [and Counterclaim] in an ICC Arbitration. 9. Suggested Terms of Reference for ICC Arbitration. 10. Suggested Model Provisional Timetable for ICC Arbitration. 11. Suggested Model Request to Produce Documents in ICC Arbitration. 12. Suggested Privileged Log for an ICC Arbitration. 13. Suggested Model ‘Redfern Schedule’ for an ICC Arbitration. 14. Bibliography. 15. Netherlands Model Bilateral Investment Treaty. 16. United States Model Bilateral Investment Treaty.