icc commission on arbitration: techniques for controlling time and cost in arbitration joe tirado,...
TRANSCRIPT
ICC Commission on Arbitration: Techniques for Controlling Time
and Cost in Arbitration
Joe Tirado, Baker Botts London
Joe TiradoPartner, London office
Tuesday, 27 March 2007
Preliminary Procedural Issues: An Overview Language of the Arbitration (sections 18-19)
Terms of Reference (sections 24-30)
Early Case Management Conference (sections 31-34)
Timetable for the Proceedings (sections 35-42)
Settlement (section 43)
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Language of the Arbitration Common sense approach
UNCITRAL Notes on Organizing Arbitral Proceedings
Real Costs
Beware of the "fluent" speaker
Costs may be unavoidable
Non-native speaker
New York Convention, Article IV.2
Allocation of costs
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Terms of Reference Summaries of claims and relief sought (sec. 24)
Use of discretion in apportionment of costs (sec. 25)
Empowering chairman on procedural issues (sec. 26)
Administrative Secretary to the arbitral tribunal (sec. 27)
Need for physical meeting (sec. 28)
Counterparts (sec. 29)
Compliance with Article 18(3) (sec. 30)
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Early Case Management Conference
Timing of CMC (sec. 31)
Proactive case management (secs. 32-33)
Client Attendance (sec. 34)
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Timetable for the Proceedings
Compliance with the provisional timetable (sec. 35)
Need for an evidence hearing (sec. 36)
Fixing the evidence hearing date (sec. 37)
Pre-hearing conference (sec. 38)
Use of IT (sec. 39)
Short and realistic time periods (sec. 40)
Bifurcation and partial Awards (sec. 41)
Briefing everyone involved in the case (sec. 42)
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Settlement
Arbitral tribunal's role in promoting settlement (sec.43) Arbitration Act 1996, section 33(b)
The CPR as a model
The US experience
CEDR Commission on Settlement in International Arbitration
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Contact details
Joe Tirado, Partner
Solicitor-Advocate and CEDR Accredited Mediator
London office
Trial Department
Tel +44 20 7726 3476
Fax +44 20 7726 3576
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