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In arbitration, procedure is crucial to ensure acceptance of the process. This book is about the importance of getting the procedure right. It begins with the first-ever request to be an arbitrator and takes the reader through all the stages of an arbitration. It points out some of the pitfalls and contains useful checklists. It gives advice on how to deal with conflicts, conduct hearings, deal with document requests, deal with experts, deal with challenges, agree on fees, draft procedural orders and awards, and how not to take on too much. Written by two experienced and highly respected international arbitrators, the book provides immeasurably valuable guidance on such details of the arbitral process as the following: terms of appointment; appointment of a tribunal secretary; steps to be taken before Procedural Order No. 1; written submissions; witnesses; third-party funding and contingency issues; keeping track of the money; interim measures; and expedited proceedings and early determination. Links to important documents are provided, and nineteen appendices include model forms for documents, agendas, orders, declarations, schedules, and protocols. Providing a veritable treasure trove of invaluable suggestions and hints which would only normally be known to arbitrators of many years’ standing, this eminently practical book will greatly enhance the ability of both new and experienced arbitrators to nip problems in the bud. It will also be of interest to counsel who appear in arbitrations and who may benefit from seeing things from the tribunal’s point of view. As this book will evolve into a ‘living’ book on the Kluwer website, the authors will continue to keep pace with developments in the field of international arbitration.
International Arbitration and the COVID-19 Revolution Edited by Maxi Scherer, Niuscha Bassiri & Mohamed S. Abdel Wahab The impact of the COVID-19 pandemic on all major economic sectors and industries has triggered profound and systemic changes in international arbitration. Moreover, the fact that entire proceedings are now being conducted remotely constitutes so significant a deviation from the norm as to warrant the designation ‘revolution’. This timely book is the first to describe and analyse how the COVID-19 crisis has redefined arbitral practice, with critical appraisal from well-known practitioners of the pandemic’s effects on substantive and procedural aspects from the commencement of proceedings until the enforcement of the award. With practical guidance from a variety of perspectives – legal, practical, and sector-specific – on the conduct of international arbitration during the COVID-19 pandemic and beyond, the chapters present leading practitioners’ insights into the unprecedented and multifaceted issues that arise. They provide expert tips and challenges in such practical matters as the following: preventing and resolving disputes of particular types – construction, energy, aviation, technology, media and telecommunication, finance and insurance; arbitrator appointments; issues of planning, preparation and sample procedural orders; witness preparation and cross-examination; e-signature of arbitral awards; setting aside and enforcement proceedings; and third-party funding. Also included are an empirical survey of users’ views and an overview of how the COVID-19 revolution has affected the arbitration rules of leading arbitral seats. With this timely and practical book, arbitration practitioners and scholars will gain up-to-date knowledge of sector-specific challenges brought about by the COVID-19 pandemic and approach arbitration proceedings with an understanding of the most important legal and practical considerations during the crisis and beyond.
Proceedings of the 1945-1973 conventions are included in Report of the General Executive Board.
Considers legislation to establish arbitration procedures to settle labor disputes in industries which affect national security, and to authorize Commerce Dept relinquishment of Government-seized plants. Also considers Wage Stabilization Board policies impact on steel industry and U.S. economy.
Considers legislation to establish arbitration procedures to settle labor disputes in industries which affect national security, and to authorize Commerce Dept relinquishment of Government-seized plants. Also considers Wage Stabilization Board policies impact on steel industry and U.S. economy.