Book contents
- Frontmatter
- Contents
- Preface to the Second Edition
- Foreword to the First Edition
- Chapter One Introduction to International Commercial Arbitration
- Chapter Two The Arbitration Agreement
- Chapter Three Drafting the Arbitration Agreement
- Chapter Four Applicable Laws and Rules
- Chapter Five Judicial Assistance for Arbitration
- Chapter Six The Tribunal
- Chapter Seven The Arbitral Proceedings
- Chapter Eight The Award
- Chapter Nine Attempts to Set Aside an Award
- Chapter Ten Enforcement of the Award
- Chapter Eleven Investment Arbitration
- Appendix A The United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (The New York Convention) (1958)
- Appendix B UNCITRAL Model Law on International Commercial Arbitration (original 1985 version)
- Appendix C Revised Articles of the UNCITRAL Model Law on International Commercial Arbitration (2006)
- Appendix D UNCITRAL Recommendation Regarding the Interpretation of Article II, Paragraph 2, and Article VII, Paragraph 1, of the New York Convention
- Appendix E IBA Rules on the Taking of Evidence in International Arbitration
- Appendix F IBA Rules of Ethics for International Arbitrators 1987
- Appendix G IBA Guidelines on Conflicts of Interest in International Arbitration
- Appendix H The AAA–ABA Code of Ethics for Arbitrators in Commercial Disputes
- Appendix I Model Clauses
- Appendix J Useful Arbitration Websites
- Index
- References
Chapter Seven - The Arbitral Proceedings
Published online by Cambridge University Press: 05 June 2012
- Frontmatter
- Contents
- Preface to the Second Edition
- Foreword to the First Edition
- Chapter One Introduction to International Commercial Arbitration
- Chapter Two The Arbitration Agreement
- Chapter Three Drafting the Arbitration Agreement
- Chapter Four Applicable Laws and Rules
- Chapter Five Judicial Assistance for Arbitration
- Chapter Six The Tribunal
- Chapter Seven The Arbitral Proceedings
- Chapter Eight The Award
- Chapter Nine Attempts to Set Aside an Award
- Chapter Ten Enforcement of the Award
- Chapter Eleven Investment Arbitration
- Appendix A The United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (The New York Convention) (1958)
- Appendix B UNCITRAL Model Law on International Commercial Arbitration (original 1985 version)
- Appendix C Revised Articles of the UNCITRAL Model Law on International Commercial Arbitration (2006)
- Appendix D UNCITRAL Recommendation Regarding the Interpretation of Article II, Paragraph 2, and Article VII, Paragraph 1, of the New York Convention
- Appendix E IBA Rules on the Taking of Evidence in International Arbitration
- Appendix F IBA Rules of Ethics for International Arbitrators 1987
- Appendix G IBA Guidelines on Conflicts of Interest in International Arbitration
- Appendix H The AAA–ABA Code of Ethics for Arbitrators in Commercial Disputes
- Appendix I Model Clauses
- Appendix J Useful Arbitration Websites
- Index
- References
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 PressPrint publication year: 2012