Course: International Arbitration: Process and Procedure

In common law jurisdictions, a party seeking to ensure that arbitration, rather than litigation, takes place has the ability to seek an anti-suit injunction. A notable recent example of this …

There might be a fear that making an application before a court would be taken as a waiver of the decision to refer the dispute to arbitration. This should not, …

Although the arbitral tribunal has the primary power to grant relief by way of interim measure, there will be circumstances where the tribunal’s powers are not sufficiently wide or where …

Security for costs is usually described as a form of interim measure. However, it should really be considered as a separate limb. The criteria and test already referred to in …

It should be emphasised that, during an arbitration, it is, of course, the role of the arbitral tribunal to manage the proceeding. However, there will sometimes be occasions when the …

Of course, not all arbitrations require a hearing and, indeed, many arbitrations work on documents only. However, hearings do remain the norm. A number of guidance documents have been issued …

An offer may be in the form of an open or sealed offer. A party may want the tribunal to see that it is being reasonable and looking to settle; …

As to the rules of evidence, it is not always helpful to generalise, but it may be said that, on the whole, arbitral tribunals do not usually seek to confine …

As seen above, documents in support of a party’s case are normally served with that party’s written pleadings/submissions. Each party may then make requests for production of any additional documents …

Upon constitution of the tribunal, the next step usually involves a preliminary hearing or meeting between the tribunal and the parties, during which the tribunal will issue directions identifying and …

In reality, an oral hearing will take place in virtually all international arbitrations (save where the parties agree otherwise). Conducting an oral hearing is required by many institutional rules and …

There is no prescribed approach in the Model Law. Most parties to an international arbitration will choose to be represented and, indeed, some parties will opt for a significantly sized …

One matter that sometimes taxes lawyers in an international arbitration is the position on legal professional privilege. The law varies from jurisdiction to jurisdiction, not just as to the nature …

The award is addressed in detail in Module 7, but for present purposes, the final step in most arbitrations is the making and notification of the award. In virtually all …

The terminology used for document production varies depending on the jurisdiction. In the United States (US) and some other US-influenced or common law jurisdictions, the term “discovery” of documents is …