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ARBITRATION and ADR are GOOD for BUSINESS

ARBITRATION and ADR are GOOD for BUSINESS. a presentation by HEW R. DUNDAS Chartered Arbitrator DipICArb International Arbitrator & Mediator President CIArb to the Cámara Industriales de Pichincha 10 th July 2007. OVERVIEW of PRESENTATION. Introduction Dispute Resolution Options

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ARBITRATION and ADR are GOOD for BUSINESS

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  1. ARBITRATION and ADR are GOOD for BUSINESS a presentation by HEW R. DUNDAS Chartered Arbitrator DipICArb International Arbitrator & Mediator President CIArb to the Cámara Industriales de Pichincha 10th July 2007

  2. OVERVIEW of PRESENTATION • Introduction • Dispute Resolution Options • Dispute Prevention • Conclusion

  3. DISPUTE RESOLUTION OPTIONS • Litigation • Arbitration • Domestic • International • Alternative Dispute Resolution (ADR) • Mediation • Conciliation • Other • Advantages and Disadvantages

  4. LITIGATION • Difficulties of Litigating • Local Laws – are they adequate ? • Courts – Good, Bad and Ugly • Litigation against States • Timescales – long and VERY long • Finality • Enforceability • Costs

  5. INTERNATIONAL COMMERCIAL ARBITRATION (1) - OVERVIEW • What Is It ? • Different Laws May Apply • Institutions and Tribunals • Finality • Enforceability

  6. INTL. COMM. ARBITRATION (2) INSTITUTIONS • ICSID/NAFTA/ECT • ICC/LCIA • CIAM • Other Regional Institutions • Chartered Institute of Arbitrators • Other

  7. INTL. COMM. ARBITRATION (3) PROCEEDINGS (1) • Party Autonomy • Choice of Law of the Arbitration • Choice of Rules/Institution • Choice of Tribunal • Choice of Language + Procedure • Common vs Civil Law Cultures • Communications

  8. INTL. COMM. ARBITRATION (4)AWARD & ENFORCEMENT • Limited Grounds to Appeal an Award • Enforcement • New York Convention 1958 • Award Enforceable in 142 jurisdictions • Limited Grounds to refuse Enforcement • Enforcement Normally Fast and Low Cost • Enforcement other than via NYC58

  9. INVESTMENT ARBITRATION • Bilateral Investment Treaties • Private Investor vs State/State Entity • Nature of Arbitration Agreement • International Convention for the Settlement of Investment Disputes • NAFTA • Energy Charter Treaty • State Immunity

  10. ALTERNATIVE DISPUTERESOLUTION (1) - OVERVIEW • What is ADR ? • Why ADR ? • Relationship with Courts • Compulsory or Voluntary ? • Court Support of: • The Process • The Outcome • Qualifications and Training

  11. ADR (2) – FORMS of ADR • Executive Negotiation • Early Neutral Evaluation (ENE) • Private Mini-Trials • Adjudication, DABs DRBs • Mediation/Conciliation • Med-Arb, Arb-Med, MedExDet • Arbitrediation • Other/None of the Above

  12. DISPUTE PREVENTION &DISPUTE MANAGEMENT • Prevention • Corporate Culture • Co-Operation – what do YOU Want • Conciliatory Approach • Local Customs/Culture/Mores • Management • Dedicated Task Force • Expertise – technical/litigator • Decision-making

  13. CONCLUSION Muchas Gracias for your ATTENTION this afternoon

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