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Contents
- Preliminary Material
- Main Text
- The Chartered Institute of Arbitrators (1915–2015)
- Part I International Arbitration Law, Arbitral Jurisdiction, and Arbitral Institutions
- 1 Explaining Arbitration Law
- 2 Experiences and Suggestions Regarding the Functioning of International Arbitration Institutions
- 3 The New 2014 LCIA Rules: An Introductory Explanation
- A Introduction
- B The LCIA Rules
- C The Start of an LCIA Arbitration
- D Conclusion
- Part II Understanding the Users of International Arbitration
- Part III International Arbitration Agreements: Issues and Perspectives
- 6 Some Reflections on the Making of International Arbitration Agreements for the Resolution of Commercial Disputes
- 7 Arbitrability Decisions Before, During, and After Arbitration
- 8 The Dangers of Neglect: Governing Law of Arbitration Agreements
- 9 The Law Governing the Arbitration Agreement: A Transnational Solution?
- 10 Silent Talk: Identifying the Language of an Arbitration When the Arbitration Clause Is Silent
- Part IV Arbitral Procedure and Procedural Misdemeanour
- 11 Is International Arbitration Becoming Too Confrontational and Counter-Intuitive? And Some Guidelines as to How Not to Irritate a Tribunal!
- 12 Procedural Efficiency in International Commercial Arbitration: Building It into the Process
- 13 Ethics in Arbitration: Party and Arbitral Misconduct
- Part V Emergency Arbitrators and Interim Relief
- 14 Emergency Arbitrators and Court-Ordered Interim Measures: Is the Choice Important?
- 15 Legal Standards Applicable to Deciding Applications for Interim Relief
- Part VI Discovery and Document Production
- 16 Discovery in Arbitration: Can Parties Use 28 USC § 1782 to Circumvent the Process Ordered by the Arbitral Tribunal?
- 17 Meeting the Requirements of Article 3(3) of the IBA Rules: Recommendations for Successful Requests for Document Production
- A Introduction
- B The Requirement to Identify Individual Documents or Limited Categories with Sufficient Specificity
- C The Requirement to Explain the Relevance of the Documents to Disputed Issues and Their Consequence on the Outcome of the Case
- D The Requirement to Address Possession, Custody, and Control
- E Conclusion
- Part VII Witnesses and Perjury
- 18 Cross-Examination of Fact Witness Statements in International Arbitration
- 19 The Expert Witness in International Arbitration
- 20 Oaths and Perjury
- Part VIII Arbitrators’ Decision-Making Power and Arbitral Tribunals’ Cessation of Functions
- 21 Inherent and Implied Powers of Arbitrators
- 22 Good (and Bad) Initiatives of Arbitrators: Where to Draw the Line between Activism and Passivity?
- A Introduction
- B Legal Basis and Sources of the Arbitrators’ Power to Take Initiatives
- C Exercise of the Arbitrators’ Discretion
- 22.49
- 22.50
- 22.51
- 22.52
- 22.53
- (a) Agreement of the parties
- (b) The parties’ expectations
- (c) Legal background of the parties
- (d) Nature of the arbitration
- (e) Expertise of the arbitrator
- (f) The parties’ procedural experience
- (g) Procedural efficiency
- (h) Procedural fairness
- (i) Issues pertaining to public policy or raising matters of public interest
- (j) Default proceedings
- (k) Different standards for initiatives as to both the facts and law
- D Initiatives to Clarify or to Correct the Parties’ Request
- E Conclusion
- 23 The Law is what the Arbitrator had for Breakfast: How Income, Reputation, Justice, and Reprimand Act as Determinants of Arbitrator Behaviour
- 24 Functus Officio?
- Part IX Costs, Funding, and Ideas for Optimization
- 25 The Harmonization of Costs Practices in International Arbitration: The Search for the Holy Grail
- A Introduction
- B Some Preliminary Observations as to Costs
- C Discretion and Principles
- D Complicating and Ancillary Issues
- E Conclusion
- Appendix
- 26 The Costs and Funding of International Arbitration
- 27 ‘Other Costs’ in International Arbitration: A Review of the Recoverability of Internal and Third-Party Funding Costs
- 28 Optimizing the use of Mediation in International Arbitration: A Cost–Benefit Analysis of ‘Two Hat’ Versus ‘Two People’ Models
- A Introduction
- B The Right to Act as Mediator or Conciliator in Facilitating Settlement
- C Facilitative v Evaluative Mediation
- D Advantages and Disadvantages of a Dual-Role Neutral
- (a) Cost
- (b) An authoritative figure may more readily promote settlement
- (c) Coordination benefits
- (d) Timing
- (e) Negative incentives as to party behaviour
- (f) Dealing with improper conduct in the mediation
- (g) Jurisdictional ambit
- (h) Conflicting powers and duties
- (i) Immunity
- (j) Reality testing
- (k) Caucusing
- (l) Evaluative mediation
- (m) Confidentiality
- (n) Enforcement
- E Conclusion
- 25 The Harmonization of Costs Practices in International Arbitration: The Search for the Holy Grail
- Part X Judicial Review, Judicial Performance, and Enforcement
- 29 Judicial Review of the Merits of Arbitration Awards under English Law
- 30 Improving Judicial Performance in Matters Involving International Arbitration
- 31 The Principled English Ambivalence to Law and Dispute Resolution Beyond the State
- Part XI Public Policy and Abuse of Process
- 32 Public Policy Rules in English Arbitration Law
- 33 The Role of Abuse of Process in Protecting the Integrity of Arbitration Awards
- A Introduction
- B The Development of the Principle of Abuse of Process
- C The Tribunal’s Power to Dismiss Proceedings for Abuse of Process
- D Wider Applicability of the Principle
- E Arbitration Rules
- F The New York Convention
- G Is There a Public or Private Interest in Bringing an End to Arbitration?
- H Conclusion
- Part XII International Arbitration: Myths and Perspectives
- 34 Arbitration in the UAE: Demystifying the Myths
- A Introduction
- B The Jurisdictional Landscape of Arbitration in the UAE: Civil v Common
- C The Institutional Choice of Arbitration in the UAE: No Limits
- D The Local Infrastructure for Arbitration in the UAE: Truly International
- E Arbitrability: Scale and Scope
- F The Conduct of Arbitration in the UAE: Procedural Dos and Don’ts
- 34.16
- 34.17
- (a) The obligation to arbitrate
- (b) Formation of valid arbitration agreements
- (c) Valid representation
- (d) Terms of reference and the tribunal’s mandate
- (e) Constitution of the tribunal
- (f) Conditions precedent
- (g) Defaulting parties
- (h) Hearings
- (i) Rules of evidence
- (j) Formalistic requirements of the award
- (k) Tribunal’s power to award costs
- (l) Issuance of the award
- G Court Support in Arbitration in the UAE: International Standards
- H Enforcement of Arbitral Awards in the UAE: Promises and Prospects
- I Public Policy in the UAE: Between Secularism and the Islamic Shari’ah
- J Conclusion
- 34 Arbitration in the UAE: Demystifying the Myths
- Part XIII Dispute Resolution in the Construction Industry
- 35 Managing Construction Conflict: Unfinished Revolution, Continuing Evolution
- A Introduction
- B Harbingers of a ‘Quiet Revolution’ in the Construction Industry
- C The Unfinished Revolution
- 35.23
- (a) Tackling the roots of conflict: collaborative contracting
- (b) ‘Real-time’ jobsite resolution
- (c) Mediation: multi-dimensional instrument, whistle-stop on the litigation line
- 35.31
- 35.32
- 35.33
- (1) Evolution of construction mediation as a lawyered process
- (2) Experienced lawyers in mediation
- (3) Mediation as professional practice
- (4) Mediators: styles v strategies
- (5) Convening ‘upfront’ work
- (6) Mediators’ varying approaches to the process
- (7) Stepped processes (mediation and arbitration)
- (8) International trends
- (d) Arbitration: coming to grips with ‘new litigation’
- (1) Decline in domestic construction arbitration
- (2) Users’ contrasting perspectives on arbitration
- (3) ‘Drift’ towards a litigation model
- (4) Responses to concerns about increasing cost and delay
- (5) Demise of the multi-disciplinary tribunal
- (6) Application of the law and other standards in decision-making
- (7) Arbitration and settlement
- (8) Party-appointed arbitrators: independent, partisan, or ‘predisposed’?
- (9) The professional crunch
- (10) International arbitration
- D The Continuing Evolution: Five Transformative Trends
- E Professional Practice, Education, and Credentialling
- F Conclusion
- 36 Shifting the Burden of Proof: Revisiting Adjudication Decisions
- 35 Managing Construction Conflict: Unfinished Revolution, Continuing Evolution
- Part XIV Final Reflections and Looking Ahead
- Further Material
