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Chapter Seven - The Arbitral Proceedings

Published online by Cambridge University Press:  05 June 2012

Margaret L. Moses
Affiliation:
Loyola University, Chicago
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Summary

In a major international commercial arbitration, specific steps in the dispute-resolving process are reasonably well defined. First, the claimant must submit a notice of arbitration, to which the respondent answers. Depending on the relevant rules, the notice and response may include detailed pleadings. Other times the notice may be quite succinct, and written submissions constituting the pleadings will be provided at a later point. Next, the arbitrators are appointed, generally according to party agreement or pursuant to the rules the parties have chosen. Normally, some kind of organizational meeting will follow, to discuss how the arbitration will proceed. Subsequently, there may be further written submissions and pre-hearing disclosure will begin, including exchanges of documentary evidence and witness statements, all in preparation for the oral hearings.

The oral hearings may take place in one meeting that lasts several days, or in a number of multiday hearings that may occur over weeks or months. At the hearing, there may be short opening statements, followed by oral testimony, submission of documentary evidence, and perhaps legal argument on certain points, if requested by the tribunal. At the end of the hearing, there may be short closing statements, and the arbitrators may request post-hearing submissions. After the arbitrators review the post-hearing submissions, they deliberate and render a decision in the form of a final award. This is the basic process, of which there are many variations. This chapter focuses on the various elements of the arbitral proceedings, and some of the ways a tribunal may conduct the proceedings.

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Publisher: Cambridge University Press
Print publication year: 2012

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References

2006
Paulsson, Jan 2006
Taruffo, MicheleRethinking the Standards of Proof 51 2003
Clermont, Kevin M.Sherwin, EmilyA Comparative View of Standards of Proof 50 2002
Taruffo, MicheleRethinking the Standards of Proof 51 2003
Redfern, Hunter, 2009
Pietrowski, RobertEvidence in International Arbitration 22 2006
Sharpe, Jerome K.Drawing Adverse Inferences from the Non-Production of Evidence 22 2006
Hunter, M.Modern Trends in the Presentation of Evidence in International Commercial Arbitration 3 1992
Beardsley, JamesProof of Fact in French Civil Procedure 34 1986
Van Houtte, Hans 2003
Roney, David P.Effective Witness Preparation for International Commercial Arbitration 20 2003
2006

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  • The Arbitral Proceedings
  • Margaret L. Moses, Loyola University, Chicago
  • Book: The Principles and Practice of International Commercial Arbitration
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511920073.009
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  • The Arbitral Proceedings
  • Margaret L. Moses, Loyola University, Chicago
  • Book: The Principles and Practice of International Commercial Arbitration
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511920073.009
Available formats
×

Send book to Google Drive

To send content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive.

  • The Arbitral Proceedings
  • Margaret L. Moses, Loyola University, Chicago
  • Book: The Principles and Practice of International Commercial Arbitration
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511920073.009
Available formats
×