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Vis International Commercial Arbitration Moot

Vis International Commercial Arbitration Moot. ARBITRATION. What is Arbitration?. The Agreement Arbitration is a contractually agreed upon method of dispute resolution The power to arbitrate originates from the agreement of the parties

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Vis International Commercial Arbitration Moot

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  1. Vis International Commercial Arbitration Moot ARBITRATION

  2. What is Arbitration? • The Agreement • Arbitration is a contractually agreed upon method of dispute resolution • The power to arbitrate originates from the agreement of the parties • This agreement can be reached before or after the dispute arises • Parties can agree upon both • Procedural rules [ICC] • Substantive law [CISG]

  3. What is Arbitration? • The Process • Parties can choose Institutional vs. Ad hoc • Arbitration Rules of the Institution and State • The Result • The Award • New York Convention • What is the NYC. Who signed the NYC. Why this is helpful. • Enforcement

  4. Why Arbitrate?

  5. Issues that Arise in Arbitration:Arbitration Agreements • The Vis Moot Arbitration Agreement • Copied here when released • Interpretation • Exclusivity of Arbitration • The tribunal vs. the national courts. • Scope of the Agreement • Choice of Law Applicable to the Agreement

  6. Arbitration Agreement Con’t • Enforceability • Institutional v. Ad Hoc • UNCITRAL Model Law & Nat’l Arbitration Legislation • Separability Issues • Non-Arbitrability Doctrine

  7. Issues that Arise in Arbitration:During Arbitration • Who Chooses the Arbitrators • Parties themselves? • Appointing Authority? • Number of Arbitrators • Challenge and Replacement of Arbitrators • Institutional Rules • National Courts • Provisional Measures • Arbitrators - Institutional Rules • Arbitrators - National Law • National Courts

  8. Issues that Arise in Arbitration:Recognition and Enforcement of an Award • New York Convention • Presumption of Validity • (7) Ways to Overcome that Presumption • Agreements vs. Awards • Lex Arbitri (UNCITRAL Model Law) • Selection • Set Aside Action

  9. ICC Rules • Procedural Rules (ICC) • Introduction • Commencing the Arbitration(Article 4-6) • Multiple Parties, Contracts, Consolidation (Article 7-10) • The Arbitration Tribunal (Article 11-15) • The Arbitration Proceedings (Article 16-29) • More detail depending on the problem

  10. UNCITRAL Model Law + 2006 Amendments • What the Model Law is • The Model Law’s Role • Section I – Introductory Rules • Section II – Composition of the arbitral tribunal • Section III – Arbitral proceedings ** highlight what is relevant to the problem • Article 23 - Jurisdiction of the Arbitral Tribunal • Article 27 - Burden of Proof and Witnesses • Section IV – The Award

  11. New York Convention • Article II – Recognition of agreements • Aritcle III – Recognition of Awards • Article V – Exceptions to Enforcement • (1)(a) Invalid agreement • (1)(b) Lack of proper notice • (1)(c) Award deals with issues beyond the scope of arbitration • (1)(d) Composition of arbitration authority, or the procedure was not in accordance with the agreement of the parties. • (2)(a) Subject matter is not capable of settlement by arbitration under the law of the country of enforcement. • (2)(b) Public policy

  12. Helpful Resources • Websites • ICC Rules • http://www.iccwbo.org/Products-and-Services/Arbitration-and-ADR/Arbitration/Rules-of-arbitration/Download-ICC-Rules-of-Arbitration/ICC-Rules-of-Arbitration-in-several-languages/ • UNCITRAL RULES • http://www.uncitral.org/uncitral/en/index.html • History/drafting

  13. Research Process- To be a New Presentation • Rule • Supporting evidence and evidence which explains your position • Cases • Persuasive authority • Policy supporting your position

  14. Persuasive Authority • What is persuasive authority? • Examples of persuasive authority: • IBA Guidelines • Article 8 – Evidentiary hearings • Article 9 – Admissibility and Assessment of Evidence • Other International Arbitral Institutions • CEPANI • AAA • LCIA • Arbitral cases • From ICC • From other international arbitral institutional • Authors

  15. Helpful Resources • Books ** Make sure most recent addition is listed. • Redfern and Hunter on International Arbitration, 5th Edition, by Alan Redfern and Martin Hunter (2009) • Procedural Law in International Arbitration, by Petrochilos Georgios (2004) • Comparative International Commercial Arbitration, by Julian D.M. Lew (2003) • International Commercial Arbitration, Volume I & II, by Gary Born (2009) • International Commercial Arbitration Commentary and Materials, 2d Edition, Gary Born (2001)

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