vis international commercial arbitration moot
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ARBITRATION
Vis International Commercial Arbitration Moot
What is Arbitration?
The Agreement Arbitration is a contractually agreed upon method of dispute
resolution
The power to arbitrate originates from the agreement of the
parties
This agreement can be reached before or after the dispute
arises
Parties can agree upon both
Procedural rules [ICC]
Substantive law [CISG]
What is Arbitration?
The Process Parties can choose Institutional vs. Ad hoc Arbitration Rules of the Institution and State
The Result The Award New York Convention
What is the NYC. Who signed the NYC. Why this is helpful.
Enforcement
Why Arbitrate?
Reasons for Choosing Arbitration
Reasons for Not Choosing Arbitration
Neutrality Inability to join additional parties or claims
Enforceability – NY Convention Many nations have signed
Lack of predictability/transparency
Confidentiality Lack of right to appeal
Choice of Arbitrators (expertise of arbitrators)
Cost?
Choice of procedure (speed and flexibility)
Cost?
Issues that Arise in Arbitration:Arbitration Agreements
The Vis Moot Arbitration Agreement Copied here when released
Interpretation Exclusivity of Arbitration
The tribunal vs. the national courts. Scope of the Agreement Choice of Law Applicable to the Agreement
Arbitration Agreement Con’t
Enforceability Institutional v. Ad Hoc UNCITRAL Model Law & Nat’l Arbitration LegislationSeparability IssuesNon-Arbitrability Doctrine
Issues that Arise in Arbitration:During Arbitration
Who Chooses the Arbitrators Parties themselves? Appointing Authority?
Number of ArbitratorsChallenge and Replacement of Arbitrators
Institutional Rules National Courts
Provisional Measures Arbitrators - Institutional Rules Arbitrators - National Law National Courts
Issues that Arise in Arbitration:Recognition and Enforcement of an
Award
New York ConventionPresumption of Validity(7) Ways to Overcome that
Presumption Agreements vs. Awards
Lex Arbitri (UNCITRAL Model Law)SelectionSet Aside Action
ICC Rules
Procedural Rules (ICC) Introduction Commencing the Arbitration (Article 4-6) Multiple Parties, Contracts, Consolidation (Article
7-10) The Arbitration Tribunal (Article 11-15) The Arbitration Proceedings (Article 16-29)
More detail depending on the problem
UNCITRAL Model Law + 2006 Amendments
What the Model Law isThe Model Law’s Role
Section I – Introductory Rules Section II – Composition of the arbitral tribunal Section III – Arbitral proceedings ** highlight what is
relevant to the problem Article 23 - Jurisdiction of the Arbitral Tribunal Article 27 - Burden of Proof and Witnesses
Section IV – The Award
New York Convention
Article II – Recognition of agreements Aritcle III – Recognition of AwardsArticle V – Exceptions to Enforcement
(1)(a) Invalid agreement (1)(b) Lack of proper notice (1)(c) Award deals with issues beyond the scope of arbitration (1)(d) Composition of arbitration authority, or the procedure was
not in accordance with the agreement of the parties. (2)(a) Subject matter is not capable of settlement by arbitration
under the law of the country of enforcement. (2)(b) Public policy
Helpful Resources
Websites ICC Rules http://www.iccwbo.org/Products-and-Services/Arbitrati
on-and-ADR/Arbitration/Rules-of-arbitration/Download-ICC-Rules-of-Arbitration/ICC-Rules-of-Arbitration-in-several-languages/
UNCITRAL RULES http://www.uncitral.org/uncitral/en/index.html
History/drafting
Research Process- To be a New Presentation
Rule Supporting evidence and evidence which
explains your position Cases Persuasive authority
Policy supporting your position
Persuasive Authority
What is persuasive authority? Examples of persuasive authority:
IBA Guidelines Article 8 – Evidentiary hearings Article 9 – Admissibility and Assessment of Evidence
Other International Arbitral Institutions CEPANI AAA LCIA
Arbitral cases From ICC From other international arbitral institutional
Authors
Helpful Resources
Books ** Make sure most recent addition is listed. Redfern and Hunter on International Arbitration, 5th
Edition, by Alan Redfern and Martin Hunter (2009) Procedural Law in International Arbitration, by
Petrochilos Georgios (2004) Comparative International Commercial Arbitration, by
Julian D.M. Lew (2003) International Commercial Arbitration, Volume I & II,
by Gary Born (2009) International Commercial Arbitration Commentary
and Materials, 2d Edition, Gary Born (2001)
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