《INTERNATIONAL COMMERCIAL ARBITRATION A HANDBOOK》求取 ⇩

CHAPTER 1-SOME PRELIMINARY CONSIDERATIONS1

Historical overview1

Arbitration and other means of dispute resolution2

Choosing between arbitration and court proceedings2

Alternative Dispute Resolution5

The significance of the labels "international" and "commercial"8

Legal significance - "international" character8

"Commercial" nature9

Practical significance9

Important questions and issues10

Essentials of arbitration12

CHAPTER 2-APPLICABLE LAWS AND RULES15

Introduction15

Capacity15

The arbitration agreement16

The arbitration proceedings17

The dispute18

Recognition or enforcement of awards20

International conventions20

The Geneva Protocol of 192321

The Geneva Convention of 192721

The New York Convention of 195821

The European Convention on International Commercial Arbitration of 196121

The Washington Convention of 196522

The Moscow Convention of 197222

The Panama Convention of 197522

Bilateral treaties23

The UNCITRAL Arbitration Rules and Model Law23

The Arbitration Rules23

The Model Law24

CHAPTER 3-THE ARBITRATION AGREEMENT27

Prelude27

Preliminary matters27

Institutional arbitration28

Ad hoc arbitration30

Creating an enforceable arbitration agreement30

Enforcing the arbitration agreement31

Agreement for institutional arbitration32

The number of arbitrators33

The place (or "seat") of the arbitration33

The law applicable to the substance of the disputes36

The language of the arbitration36

Miscellaneous matters36

Agreement for ad hoc arbitration38

Relevant matters38

Caveats39

Multi-party arbitration39

Introduction39

Chain contracts40

The Arbitration Agreement41

Consortium or partnership contracts44

Privacy45

Conclusion46

Tailpiece46

CHAPTER 4-THE COMMENCEMENT OF THE ARBITRATION AND THE APPOINTMENT OF THE ARBITRAL TRIBUNAL47

Introduction47

Applicable rules and law47

A dispute48

The commencement of the arbitration48

Time limits49

The appointment of the tribunal51

The number of arbitrators51

The manner in which the appointment of arbitrators may be made51

Selecting the arbitrator to be appointed54

The role of a party-nominated arbitrator55

The tribunal's fees and expenses56

Establishing the entitlement to fees and expenses56

Securing payment of the tribunal's fees and expenses57

Removal of arbitrators58

The circumstances in which removal may be appropriate58

How an application for removal is to be dealt with59

The consequences of removal59

CHAPTER 5-THE JURISDICTION, POWERS AND OBLIGATIONS OF THE TRIBUNAL61

Sources61

Jurisdiction62

Introduction62

The consequences of absence of jurisdiction63

What is a party to do if it believes that the tribunal lacks jurisdiction?63

Partial challenge64

Challenge to the entire jurisdiction66

The powers of the tribunal68

Source and purpose68

Compliance with the tribunal's directions69

The tribunal's obligations70

Source and nature70

The consequences of, and remedies for, breach of obligation72

CHAPTER 6-THE PROCEEDINGS75

Introduction75

The preliminary meeting77

Form77

Timing78

Preparation78

Items for the agenda78

After the preliminary meeting81

Terms of reference81

Role81

Contents82

Drafting82

The party which refuses to co-operate83

The written submissions83

Differences in approach83

Institutional requirements84

Time limits84

Evidence85

Technical rules of evidence85

Burden of proof86

Documents86

Witnesses88

Expert witnesses89

The hearing90

Representation at hearings91

Arrangements for hearings91

The order of proceedings at the hearing92

Transcripts92

Failure by one party to participate92

The arbitration agreement93

The law applicable to the arbitration proceedings93

Ex parte hearings93

CHAPTER 7-AWARDS95

Introduction95

Types of award95

Interim/interlocutory awards96

Partial awards96

Final awards96

Consent awards96

Default awards97

Remedies which may be included in an award97

Order for the payment of money97

Declaration98

Specific performance98

Injunction98

Rectification98

Punitive damages99

Interest99

Costs100

Validity of the award101

Other requirements for enforcement103

Approval103

Communication103

Registration or deposit103

Consequences of invalidity103

CHAPTER 8-RECOGNITION OR ENFORCEMENT OF AWARDS105

After the award105

Recognition or enforcement105

Domestic and foreign awards106

Where to apply for recognition or enforcement106

Procedure for recognition or enforcement108

Time limits109

CHAPTER 9-RESISTING AWARDS111

The options111

Appeal pursuant to the rules of the arbitration111

Challenge in the courts of the country in which the award was made112

Relevant matters112

Nature of relief112

Timing112

Form113

Grounds113

Security pending the outcome of a challenge113

Resisting recognition or enforcement of a foreign award114

Introduction114

Defences under the New York Convention114

The consequences of successfully resisting an application for the recognition or enforcement of a foreign award116

State immunity117

APPENDIX 1-States which have ratified, or acceded to, the New York Convention of 1958 (as at 30 September 1998)119

APPENDIX 2-States which have based their arbitration laws on the UNCITRAL Model Law123

APPENDIX 3-Comparative table of international arbitration rules124

APPENDIX 4-Model arbitration clauses recommended by the AAA, the ICC andtheLCIA131

APPENDIX 5-UNCITRAL Model Arbitration Clause133

APPENDIX 6-Draft ad hoc arbitration clause135

Index139