Written by experienced practitioners as arbitrators and counsel in dozens of cases each year, The Handbook of ICC Arbitration reflects the very latest practice in ICC arbitration. Key features: Provides article-by-article commentary on the 2017 ICC Rules of Arbitration, incorporating discussion of ICC Notes and developments in case law and soft law. Chapters guide the practitioner through the arbitral process, from commencement, to the arbitral tribunal, arbitral proceedings, and awards and costs. Examines the diverse issues that can occur during an arbitration, from appointment and challenge of arbitrators, case management conferences, issues of due process and hearings, admissibility and weight of evidence, and annulment and enforcement of awards. Contains a useful selection of models, notes, checklists and examples New to this edition: The application in practice of the Emergency Arbitrator Provisions. The new Expedited Procedure Provisions for smaller arbitrations. The Expedited Determination Procedure for Manifestly Unmeritorious Claims and Defenses and the impact on applications for Partial Awards. The application (and increased transparency) of ICC procedures as reflected in particular in the most recent ICC Note to the Parties and Arbitral Tribunals on the Conduct of Arbitration under the ICC Rules. The ICC's practice with respect to disclosure by arbitrators and a detailed table of the results of challenge decisions of the ICC and discussion of recent US and UK cases on conflicts of interest of arbitrators. The ICC's efforts to increase the efficiency of ICC arbitration by shortening the period for Terms of Reference, requiring an early Procedural Timetable, and requiring Tribunals to render awards promptly or be subject to financial consequences. The developments in soft law taking into account in particular the IBA's September 2016 report on soft law, the application of the IBA Rules on the Taking of Evidence in International Arbitration (2010), the IBA Guidelines on Conflicts of Interest in International Arbitration (2014) and the IBA Guidelines on Party Representation in International Arbitration (2013). Dealing with various applications from the perspective of arbitrators and counsel regarding in particular bifurcation, applications for security for costs and due process issues relating to admitting or excluding evidence.
|Author(s)||Thomas H. Webster, Michael Buhler|