International Arbitration - A Box Set of 6 Essential Modules

Introduction

International arbitration is one of the pre-eminent means of resolving international commercial disputes, including in the energy, mining, financial services, insurance and reinsurance and aviation sectors. The advantages of international arbitration include relative ease of enforcement of arbitral awards across national borders in addition to confidentiality and party autonomy. International arbitration offers commercial parties considerable procedural flexibility and the choice of decision maker but, in order to deploy that flexibility to optimal effectiveness, commercial parties need to be aware of the options available and the strategic decisions they must make at each stage of the arbitral process.

In addition to providing a practical step-by-step guide to each of the stages in international arbitration, Mr Speller will address the important strategic and tactical considerations that arise at each stage of an international arbitration, drawing on his extensive experience both as arbitration Counsel and as arbitrator.

Module 1: Introduction to International Arbitration

This module will include the following:

• The nature of international arbitration
• What distinguishes it from other forms of dispute resolution
• The potential advantages of international arbitration
• When and how to use international arbitration
• The distinction between institutional and ad hoc arbitration
• The leading international arbitration institutions

Module 2: The Agreement to Arbitrate

This module will include the following:

• The key elements of drafting an effective agreement to arbitrate
• Do’s and don’ts
• Pitfalls to avoid

Module 3: Commencing an Arbitration

This module will include the following:

• The process of commencing and responding to a request for arbitration
• The importance of early case assessment
• Strategic considerations in the choice of arbitrator
• The procedural approach to the arbitration
• The case management conference and procedural approaches in international arbitration

Module 4: Evidence

The module will include the following:

• The role and nature of evidence in international arbitration
• The approach to documentary, witness and expert evidence
• Strategic and tactical considerations in the presentation of evidence
• Cultural differences in the approach to evidence in international arbitration

Module 5: The Hearing

This module will include the following:

• The nature of the evidentiary hearing
• How documentary, witness and expert evidence is most effectively presented
• The perspective of the arbitral tribunal
• The key to effective advocacy in international arbitration
• Do’s and don’ts
• Practical lessons learned and ‘war stories’

Module 6: The Award

This module will include the following:

• The nature and legal effect of the arbitral award
• The grounds on which an award can be challenged and on which recognition and enforcement of the award can be resisted
• Strategic considerations in deciding whether to apply to set aside an arbitral award or to resist recognition and enforcement
• Planning for and implementing a successful enforcement strategy

This webinar was recorded on 22nd October 2024

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