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Handbook on International Commercial Arbitration, 2nd Edition

Handbook on International Commercial Arbitration, 2nd Edition

作者： Peter Ashford
出版商： Juris Publishing
ISBN: 9781937518325
出版时间 March 2014
规格： Hardback , 496 pages
适应领域： International ? 免责申明：
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This handbook will assist the practitioner, whether lawyer, counsel or arbitrator, in some of the practical minefields of international commercial arbitration. It considers the typical course of an international commercial arbitral proceeding, from deciding what claims may be arbitrated to calculating damages and the contents of an award, giving guidance and sample documents for each step. It also provides an extensive discussion of discovery and the presentation of evidence during hearings. This will work in aid the efficiency of the arbitral process, especially by reducing time and cost. For counsel and arbitrators alike, it provides a convenient reference work for the problems that inevitably arise in the procedural and substantive steps in arbitration. Analyzing the relevant law and rules from a range of jurisdictions and international arbitral institutions, the Handbook is a truly invaluable companion for everyone involved in international commercial arbitration.
About the Author

Preface

Chapter 1

What Claims May Be Arbitrated

Chapter 2

Separability

Chapter 3

The Proper Law and the Seat

Chapter 4

Conditions Precedent to a Reference

Chapter 5

Representation

Chapter 6

Getting Started

Chapter 7

Emergency Arbitrators

Chapter 8

Parties

Chapter 9

Insolvency

Chapter 10

Arbitral Independence

Chapter 11

Counsel, Particular Conflict Issues and Ethics

Chapter 12

Duties and Obligations of the Tribunal

Chapter 13

Preliminary Meeting

Chapter 14

Terms of Reference and Lists of Issues

Chapter 15

Secretaries

Chapter 16

Written Pleadings

Chapter 17

Illegality

Chapter 18

Set-Off

Chapter 19

Interim Measures

Chapter 20

Procedural Agreements and Party Autonomy

Chapter 21

Document Production

Chapter 22

Disputes on the Extent of Document Production

Chapter 23

Confidentiality as a Ground for Resisting Document Production

Chapter 24

Confidentiality and Subsequent Use

Chapter 25

Enforcement of Document Production by Assistance from National Courts

Chapter 26

Data Protection and Document Production

Chapter 27

Foreign Languages and Translations

Chapter 28

Documents for Impeachment

Chapter 29

Continuing Duty of Document Production

Chapter 30

Electronic Documents

Chapter 31

Legal Professional Privilege: Who and What Is Covered?

Chapter 32

Non-Party Document Production

Chapter 33

Witness Statements

Chapter 34

Expenses of Witnesses

Chapter 35

Expert Evidence

Chapter 36

Bundles

Chapter 37

Evidentiary Hearings and Advocacy

Chapter 38

Precedent

Chapter 39

Damages

Chapter 40

Remedies (other than Damages)

Chapter 41

Costs in International Arbitration

Chapter 42

Costs Capping

Chapter 43

Security for Costs

Chapter 44

Costs Orders

Chapter 45

Discontinuance and Costs

Chapter 46

Costs of Applications

Chapter 47

Costs of the Reference

Chapter 48

Costs: Assessing the Amounts

Chapter 49

The Award

Table of Cases

Index

Appendices 1–42 ....Enclosed CD-ROM

Appendix 1

Laws of the Arbitration

Appendix 2

Sample Formal Parts of Award on Non-Compliance with Condition Precedent

Appendix 3

Sample Request for Arbitration

Appendix 4

Sample Answer to Request

Appendix 5

Sample Joint Letter to Potential Chairman from Counsel to Parties

Appendix 6

Sample Agenda for First Meeting

Appendix 7

Sample Terms of Reference

Appendix 8

Sample List of Issues

Appendix 9

Sample Letter for the Appointment of a Secretary

Appendix 10

Sample Order for Limiting Written Pleadings

Appendix 11

Sample Responsive and Amalgamated Defence with Claim

Appendix 12

Sample Letter of Application to Tribunal for Various Orders (Including Discovery)

Appendix 13

Sample Order for Document Production by Full Disclosure

Appendix 14

Sample Order for Document Production by Reduced Disclosure

Appendix 15

Sample Order for Document Production

Appendix 16

Sample Order for Limiting [Disclosure] [Document Production]

Appendix 17

Table Comparing Disclosure under Various Arbitration Models

Appendix 18

Sample Procedural Order for [Disclosure] [Document Production] Disputes

Appendix 19

Sample Order Stating Chairman’s Role in Deciding [Disclosure] [Document Production] Disputes

i

Appendix 20

Sample Order for Safeguards on [Disclosure] [Production] of Information that May Contain Personal Data

Appendix 21

Sample Order Governing Treatment of Foreign Languages and Translations

Appendix 22

Sample Order Governing Treatment of Electronic Documents

Appendix 23

Sample Order Governing Treatment of Bundles

Appendix 24

Sample Order Permitting Expert Evidence

Appendix 25

Sample Declaration by Expert

Appendix 26

Checklist of Key Components of an Award

Appendix 27

Sample Consent Award

Appendix 28

Sample Costs Capping Order

Appendix 29

Types of Costs Orders

Appendix 30

Sample Orders for Security for Costs

Appendix 31

Sample “Sealed Offer”

Appendix 32

UNCITRAL Model Law on International Commercial Arbitration

Appendix 33

ICC Rules of Arbitration

Appendix 34

LCIA Arbitration Rules

Appendix 35

AAA-ICDR Dispute Resolution Procedures

Appendix 36

UNCITRAL Arbitration Rules

Appendix 37

Singapore International Arbitration Centre Rules

Appendix 38

The Hong Kong International Arbitration Centre Rules

Appendix 39

UNCITRAL Notes on Organizing Arbitral Proceedings

Appendix 40

IBA Rules on the Taking of Evidence in International Arbitration

Appendix 41

IBA Guidelines on Conflicts of Interest in International Arbitration

Appendix 42

IBA Guidelines on Party Representation
Peter Ashford is an international arbitration Partner at Fox Williams LLP, London and a Fellow of the Chartered Institute of Arbitrators. He has been involved in representing parties in arbitration for over 25 years usually under ICC, LCIA rules, other institutional rules or ad hoc. Mr. Ashford advises on a wide range of commercial disputes with a particular emphasis on substantial commercial contract disputes often involving allegations of fraud or dishonesty. He is particularly experienced in complex, high value claims and complex damages claims. He acts for many international clients. Mr. Ashford qualified in 1986 as a solicitor in England. Chambers Guide to the Legal Profession says Mr. Ashford is “a decisive leader and a shrewd tactician,” who “specialises in international arbitration and is ‘exceptionally good’”.

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