Arbitral regimes across the globe vary in nuanced yet significant ways, and these differences can greatly influence the procedural rights and responsibilities of the parties involved. In general, the chosen arbitration framework will affect several key factors: the way the arbitration process is carried out, its cost and duration, the final outcome of the dispute, and the eventual enforceability of the award. This book is the first to thoroughly explore and compare a wide range of both institutional and ad hoc arbitration rules. It serves as a practical, comprehensive guide to these rules, offering a one-stop reference from a clear “rules” and “guide” perspective to help inform the parties' decisions.
This book originates from the authors' extensive experience as practitioners, educators, and advisers in the fields of international commercial and investor-state arbitration. They have also worked as trainers for arbitral institutions, arbitrators, judges, and government officials globally. Providing a detailed, analytical, and descriptive "road map," the book explores a wide array of issues addressed by nine major sets of arbitration rules. The authors highlight the key differences across various arbitral regimes in relation to:
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The governance structure and the role of administering institutions, including case management and administrative support;
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Essential elements to be defined in the arbitration agreement, such as the location of arbitration and governing law;
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The recommended procedures for properly initiating arbitration;
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The process for selecting, appointing, and challenging arbitrators;
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The influence of the initial procedural conference on the arbitration process;
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The rules surrounding case presentation, including written submissions, documentary evidence, witness and expert testimony, and more;
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The costs and fees associated with leading arbitration institutions;
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The procedures and standards for scrutinizing and enforcing awards;
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A variety of special and innovative procedures, including expedited proceedings, interim relief, and consolidation of cases.
The comparative analysis in this book is structured around the various chronological stages of an international arbitration, with rule comparison tables and clear explanations provided for each step of the process.
This highly practical guide allows contract negotiators, legal counsel, and arbitrators to confidently navigate any international arbitration. It offers thorough coverage of relevant rules and guidelines, enabling parties and/or the tribunal to tailor arbitration procedures based on the rules of leading regimes. Arbitral institutions can use this book to explore different approaches and identify emerging best practices for designing and drafting arbitral frameworks. Overall, this volume serves as a valuable resource and comprehensive reference for arbitration practitioners, users of arbitration services, as well as students and educators in the field of international arbitration.
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