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Contents
- Preliminary Material
- Main Text
- Introduction
- Preliminary Material
- Sources of Law
- Judicial Attitude to Arbitration
- Court Assistance in Commencing the Arbitration
- Court Assistance in Appointing the Tribunal
- Jurisdiction of the Tribunal
- Courts’ Role in Enjoining Arbitration
- During the Arbitration
- Roles of courts in deciding challenges to arbitrators
- Role of courts in implementing provisional measures/provisional relief
- Role of courts in compelling testimony and evidence
- Restrictions/requirements regarding the ability of foreign practitioners to appear as counsel or arbitrators
- Local requirements for conduct of arbitration hearings (limitations of language, swearing of witnesses, etc)
- The Award
- Post-Award
- 1 Brussels
- Preliminary Material
- 1.1 Background
- 1.2 Commencing the Arbitration
- 1.2.1 Disputes brought before local courts despite the existence of an arbitration agreement
- 1.2.2 The role of courts in appointing arbitrators
- 1.2.3 Role of courts in resolving jurisdictional questions
- 1.2.4 Role of courts in enjoining arbitration
- 1.2.5 Role of courts in joinder, consolidation, and intervention
- 1.3 During the Arbitration
- 1.3.1 Role of courts in ruling on challenges to arbitrators
- 1.3.2 Role of courts in granting provisional relief in support of arbitration
- 1.3.2 Role of courts in compelling testimony and evidence
- 1.3.3 Ability of foreign practitioners to appear as counsel or arbitrator
- 1.3.4 Local requirements for conduct of arbitration hearings
- 1.4 The Award
- 1.5 After the Award
- 1.5.1 Termination of the proceedings
- 1.5.2 Appeal
- 1.5.3 Local standards for setting aside/annulment
- 1.5.4 Local procedures for setting aside/annulment
- 1.6 Conclusion
- 2 Buenos Aires
- Preliminary Material
- 2.1 Background
- 2.1.1 History and development of arbitration in Argentina
- 2.1.2 Sources of arbitration law
- 2.1.3 De jure and ex aequo et bono arbitration
- 2.1.4 Formal distinction between pre-dispute and post-dispute arbitration agreements
- 2.1.5 Judicial attitudes towards arbitration
- 2.1.6 Recent developments and anticipated changes
- 2.1.7 Comparison with other regional or national venues
- 2.2 Commencing the Arbitration
- 2.3 During the Arbitration
- 2.4 The Award
- 2.5 After the Award
- 2.6 Conclusion
- 3 Cairo
- Preliminary Material
- 3.1 Introduction
- 3.2 Judicial Assistance in the Commencement of Arbitration
- 3.3 During the Arbitration
- 3.4 The Award
- 3.5 Post-Award Judicial Intervention
- 3.6 Conclusion
- 4 China
- Preliminary Material
- 4.1 Background
- 4.2 Commencing the Arbitration
- 4.3 During the Arbitration
- 4.4 The Award
- 4.5 After the Award
- 4.6 Conclusion
- 5 Dubai
- Preliminary Material
- 5.1 Introduction
- 5.2 Background
- 5.3 The DIFC Courts
- 5.4 DIFC Law
- 5.5 General Aspects of the 2008 DIFC Arbitration Law
- 5.6 Commencing an Arbitration
- 5.7 Interim Measures
- 5.8 During the Arbitration
- 5.9 The Award
- 5.10 After the Award
- 5.11 Comparison with other Regional Seats
- 5.12 Practical Matters Regarding Arbitration in the DIFC
- 5.13 Conclusion
- 6 Dublin
- Preliminary Material
- 6.1 Background
- 6.2 Commencing the Arbitration
- 6.3 During the Arbitration
- 6.4 The Award
- 6.5 After the Award
- 6.6 Conclusion
- Annex
- 7 Germany
- Preliminary Material
- 7.1 Background
- 7.2 Commencing Arbitration Proceedings
- 7.3 Court Assistance Before or During Arbitration
- 7.4 The Award
- 7.5 After the Award
- 7.6 Conclusion
- 8 Hong Kong
- Preliminary Material
- 8.1 Background
- 8.2 Commencing the Arbitration
- 8.2.1 Requirements for a valid arbitration agreement
- 8.2.2 Legal capacity
- 8.2.3 Arbitrability
- 8.2.4 Court enforcement of multi-tiered dispute resolution clauses
- 8.2.5 Stay of proceedings
- 8.2.6 Number of arbitrators
- 8.2.7 Appointment of arbitrators
- 8.2.8 Appointment of arbitrators—Hong Kong considerations
- 8.2.9 Jurisdictional objections
- 8.2.10 Anti-suit injunctions
- 8.3 During the Arbitration
- 8.3.1 Challenges to arbitrators
- 8.3.2 Liability of arbitrators
- 8.3.3 Legal representation
- 8.3.4 Party autonomy
- 8.3.5 Equality of treatment
- 8.3.6 Reasonable opportunity to present their case
- 8.3.7 Language
- 8.3.8 Confidentiality
- 8.3.9 Oaths and affirmations
- 8.3.10 Role of courts in compelling testimony/evidence
- 8.3.11 Evidence
- 8.3.12 Default by a party
- 8.3.13 Settlement
- 8.4 The Award
- 8.5 After the Award
- 8.6 Conclusion
- 9 India
- Preliminary Material
- 9.1 Background
- 9.2 Commencing the Arbitration
- 9.3 During the Arbitration
- 9.3.1 The role of courts in deciding challenges to arbitrators
- 9.3.2 The role of courts in compelling testimony/evidence
- 9.3.3 Restrictions/requirements regarding the ability of foreign practitioners to appear in arbitration as counsel or arbitrator
- 9.3.4 Local requirements for the conduct of arbitration hearings
- 9.4 The Award
- 9.5 After the Award
- 9.6 Conclusion
- 10 London
- Preliminary Material
- 10.1 Introduction
- 10.2 Role of Courts Prior to the Commencement of Arbitral Proceedings
- 10.3 Role of Courts Before the Issuance of the Award
- 10.4 Arbitration under the English Arbitration Act
- 10.5 Role of Courts After the Issuance of the Award
- 10.6 Conclusion
- 11 Mexico City
- Preliminary Material
- 11.1 The History and Development of Arbitration in Mexico
- 11.2 Commencing the Arbitration
- 11.2.1 Legal requirements concerning the form and content of the arbitration agreement
- 11.2.2 The role of courts in enforcing arbitration agreements
- 11.2.3 Court assistance in appointing arbitrators
- 11.2.4 The role of courts in resolving jurisdictional questions
- 11.2.5 The role of courts in enjoining arbitration
- 11.2.6 Provisional measures
- 11.3 During the Arbitration
- 11.4 The Award
- 11.5 After the Award
- 11.6 Practical Information
- 11.7 Conclusion
- 12 Moscow
- Preliminary Material
- 12.1 Background
- 12.2 Commencing Arbitration
- 12.3 During the Arbitration
- 12.4 The Award
- 12.5 After the Award
- 12.5.1 Standards for setting aside/annulment
- 12.79
- 12.80
- 12.81
- 12.82
- 12.83
- Invalid arbitration agreement; incapacity of a party
- Violation of the right of parties to present their case
- Ultra vires —exceeding the scope of the arbitration agreement
- Improper composition of the arbitral tribunal; non-conformity of arbitration procedure to the law and the agreement of the parties
- Non-final nature of the award; setting aside or suspension by a court of the state in which it was made
- Arbitrability
- Public policy
- 12.5.2 Local procedures for setting aside/annulment
- 12.5.1 Standards for setting aside/annulment
- 12.6 Conclusion
- 13 Paris
- Preliminary Material
- 13.1 Background
- 13.2 Commencing the Arbitration
- 13.3 During the Arbitration
- 13.4 The Award
- 13.5 After the Award
- 13.58
- 13.5.1 Local standards for the recognition and enforcement of awards
- 13.5.2 Local standards for setting aside/annulment
- 13.63
- Decisions that may be challenged
- Time limit for challenging and effect on enforcement
- Grounds for challenge
- 13.68
- 13.69
- 13.70
- The arbitral tribunal wrongly upheld or declined jurisdiction
- The arbitral tribunal was irregularly constituted
- The arbitral tribunal rendered its decision without complying with the mandate conferred upon it
- 13.80 The requirements of due process were not respected
- The award is contrary to French international public policy
- Estoppel
- Waiver of right to challenge
- 13.5.3 Procedure before the Court of Appeal
- 13.5.4 Reconsideration of the case ( recours en revision )
- 13.6 Conclusion
- 14 São Paulo
- Preliminary Material
- 14.1 Background
- 14.2 Commencing the Arbitration
- 14.3 During the Arbitration
- 14.4 The Award
- 14.5 After the Award
- 14.5.1 Request for clarification
- 14.5.2 Annulment/setting aside
- 14.94
- 14.95
- 14.96
- 14.97
- Arbitration agreement is null and void
- Award rendered by someone who could not serve as arbitrator
- Award does not satisfy formal requirements of article 26
- Award deals with matters outside the scope of the arbitration agreement
- Award does not resolve the entire dispute submitted to arbitration
- Award procured by passive corruption, fraud, or graft
- Award rendered after time limit expired
- Violation of principles of due process, equality, impartiality, or arbitrator discretion
- Annulment procedure
- Annulment statistics
- 14.5.3 Opposing the enforcement of an arbitral award
- 14.6 Conclusion
- 15 Singapore
- Preliminary Material
- 15.1 Background
- 15.2 Commencing Arbitration
- 15.3 During the Arbitration
- 15.4 The Award
- 15.5 After the Award
- 15.6 Conclusion
- 16 Stockholm
- Preliminary Material
- 16.1 Background
- 16.2 Commencing the Arbitration
- 16.3 During the Arbitration
- 16.3.1 The role of courts in challenges to arbitrators
- 16.3.2 The role of courts in compelling testimony/evidence
- 16.3.3 Restrictions/requirements regarding ability of foreign practitioners to appear in arbitration as counsel or arbitrators
- 16.3.4 Local requirements for the conduct of arbitration hearings
- 16.4 The Award
- 16.5 After the Award
- 16.6 Conclusion
- 17 Switzerland
- Preliminary Material
- 17.1 Background
- 17.2 Commencing the Arbitration
- 17.3 During the Arbitration
- 17.4 The Award
- 17.5 After the Award
- 17.5.1 Recognition and enforcement of arbitral awards
- 17.5.2 Setting aside an award
- 17.85
- 17.86
- Decisions subject to challenge
- Grounds for challenge
- Time limit for filing a setting-aside application
- Suspensive effect
- Costs and security for costs
- 17.5.3 Waiver of the right to challenge an award
- 17.5.4 Revision
- 17.6 Conclusion
- 18 Sydney
- Preliminary Material
- 18.1 Background
- 18.2 Commencing the Arbitration
- 18.3 During the Arbitration
- 18.3.1 The courts’ role in deciding challenges to arbitrators
- 18.3.2 The courts’ role in compelling testimony/evidence
- 18.3.3 Interim measures
- 18.3.4 Appearing as counsel or arbitrator in Sydney arbitrations
- 18.3.5 Conduct of arbitration hearings in Sydney
- 18.4 The Award
- 18.5 After the Award
- 18.6 Conclusion
- 19 United States (New York, Miami, Houston)
- Preliminary Material
- 19.1 Background
- 19.2 Commencing the Arbitration
- 19.2.1 Enforcing arbitration agreements
- 19.2.2 Court assistance in compelling or dismissing arbitration
- 19.2.3 Appointment of arbitrators
- 19.2.4 Interim relief in aid of arbitration
- 19.3 During the Arbitration
- 19.4 The Award
- 19.5 After the Award
- 19.5.1 Confirmation of award
- 19.5.2 Recourse against an award under the FAA
- Setting aside an award rendered in the United States
- Award produced by corruption, fraud, or undue means
- Evident partiality or corruption in the arbitrators
- Arbitrators committed misconduct by refusing to postpone the hearing or hear relevant evidence
- Arbitrators exceeded their authority
- Manifest disregard of the law
- Local procedures for setting aside/annulment
- 19.6 Conclusion
- 20 Vienna
- Preliminary Material
- 20.1 Background
- 20.2 The Arbitration Agreement
- 20.3 Commencing Arbitration
- 20.4 During the Arbitration
- 20.4.1 The role of courts in deciding challenges to arbitrators
- 20.4.2 The role of courts in compelling testimony/evidence
- 20.4.3 Restrictions/requirements regarding the ability of foreign practitioners to appear in an arbitration as counsel or arbitrators
- 20.4.3 Confidentiality
- 20.4.4 Local requirements for the conduct of arbitration hearings
- 20.5 The Award
- 20.6 After the Award
- 20.7 Conclusion
- Introduction
- Further Material
