Change your country: 
QUICK SEARCH
Checkout View Cart: 0
 






 

 

 

 

 

 

Practice Area: Commercial Arbitration and Litigation

Photo of the title: Procedure and Evidence in International Arbitration - 904113168X - 9789041131683




Procedure and Evidence in International Arbitration
by: Jeffrey Waincymer
May 2012,  ISBN 904113168X
ISBN 13: 9789041131683
1408 pp. Hardcover
Add to Shopping Cart: Procedure and Evidence in International Arbitration - 904113168X - 9789041131683 USD price: $473.00
          




Add to Shopping Cart: Procedure and Evidence in International Arbitration - 904113168X - 9789041131683

Now also available as eBook

Like any complex human activity, the practice of international arbitration takes place in a context wider than its rules and its “book learning” can articulate. Its hallmark combination of fairness and efficiency is actually accomplished through a web of deliberation and judgment in which particular circumstances play an ever-present role. This highly distinctive book combines an unparalleled familiarity with the key theoretical and practical books in the field and a keen awareness, from procedural and evidentiary perspectives, of what arbitral tribunals and practitioners actually do – or should do.

Central to the book’s purpose is the procedural challenge facing arbitrators at each and every stage of the arbitral process when fairness arguments conflict with efficiency concerns and trade-offs must be determined. Some key themes include how can a tribunal be fair, and in particular be neutral, if parties are so diverse? How can arbitration be made efficient and cost-effective without undue inroads into fairness and accuracy? How does a tribunal do what is best if the parties are choosing a suboptimal process? When can or must an arbitrator ignore procedural choices made by the parties? The author thoroughly evaluates competing arguments and adds his own practical tips, expertly synthesizing and engaging with the conference literature and differing authors’ views. He identifies criteria that offer a harmonized approach to each stage of the arbitral process, with particular attention to such aspects of international arbitration as:

  • appropriate trade-offs between flexibility and certainty;
  • the rights, duties and powers of arbitrators;
  • appointment and challenge of arbitrators;
  • responses to ‘guerilla’ tactics;
  • drafting of arbitration agreements, including specialty clauses;
  • drafting of required commencement notices and response documents;
  • set-off;
  • fast track arbitration and other efficiency options;
  • strategic use of preliminary conferences and timetabling;
  • online arbitration;
  • multi-party, multi-contract, class arbitration;
  • amicus and third party funders;
  • pre-arbitral referees and interim relief;
  • witness evidence, both factual and expert;
  • documentary evidence, production obligations, and challenges to production;
  • identifying applicable law; and
  • remedies and costs.

The discussion of each stage offers practical suggestions informed by insights from various theoretical debates and empirical studies, and a unique appendix outlines the facts of numerous reported challenges to arbitrators.

No previous book has tackled so directly, in an utterly practical context, the question of how issues of fairness interrelate with efficiency concerns and how this should act as a guide to best arbitral practice. Seeking to identify the essential character and spirit of desirable norms rather than technical detail, the author shows how the exercise of discretion will have a fundamental impact on the outcome of arbitration and the respect in which the practice is held. No one using international arbitration, or considering the use of it, can afford to ignore this book.




Part I. Policy and Principles. Chapter 1 – The Nature of Procedure and Policy Considerations. Chapter 2 – Powers, Rights and Duties of Arbitrators. Part II. The Process of an Arbitration. Chapter 3 – The Procedural Framework for International Arbitration. Chapter 4 – Written Notices, Submissions and the Articulation of Claims and Defences. Chapter 5 – Selection, Challenge and Change of Arbitrators. Chapter 6 – Establishing the Procedural Framework. Chapter 7 – Complex Arbitration. Chapter 8 – Preliminary, Interim and Dispositive Determinations. Chapter 9 – Hearings. Chapter 10 – Approaches to Evidence and Fact Finding. Chapter 11 – Documentary Evidence. Chapter 12 - General Witness and Expert Evidence. Chapter 13 – Procedure and Evidence in Choice of Law and Interpretation. Part III. The Award. Chapter 14 – Remedies and Interest. Chapter 15 – Costs in Arbitration. Chapter 16 – The Award.



"While the title of his new book is unassuming, the book itself is anything but unassuming. It is a mammoth volume, coming in at just under 1400 pages. The book doesn’t only cover procedure and evidence; it is divided into three sections, covering policy and principles, arbitration procedure, and arbitration awards, respectively."

"This book has been a monumental undertaking, and it is a monumental accomplishment. It should be a valuable resource for any arbitration practitioner—arbitrator and counselor alike—and deserves a place on the arbitration bookshelf next to Born or Redfern and Hunter." Reviewed by Peter Frankenstein in Association for International Arbitration February 2013 Newsletter


Related titles that might be of interest:

Sort By:  Publication Date |  Title |  Author / Editor

Third-Party Funding in International Arbitration
Lisa Bench Nieuwveld, Victoria Shannon
October 2012, ISBN/ISSN 9041140794,
ISBN 13: 9789041140791
288 pp. Hardcover
Add to Shopping Cart: Third-Party Funding in International Arbitration - 9041140794 - 9789041140791 $209.00

Arbitration Law and Practice in China - 3rd Edition
Jingzhou Tao
July 2012, ISBN/ISSN 9041140468,
ISBN 13: 9789041140463
408 pp. Hardcover
Add to Shopping Cart: Arbitration Law and Practice in China - 3rd Edition - 9041140468 - 9789041140463 $203.00

Arbitrating Under the 2012 ICC Rules. An Introductory User’s Guide
Jacob Grierson, Annet van Hooft
May 2012, ISBN/ISSN 904113817X,
ISBN 13: 9789041138170
376 pp. Hardcover
Add to Shopping Cart: Arbitrating Under the 2012 ICC Rules. An Introductory User’s Guide - 904113817X - 9789041138170 $189.00

Challenge and Disqualification of Arbitrators in International Arbitration
Karel Daele
December 2011, ISBN/ISSN 9041137998,
ISBN 13: 9789041137999
576 pp. Hardcover
Add to Shopping Cart: Challenge and Disqualification of Arbitrators in International Arbitration - 9041137998 - 9789041137999 $216.00

Confidentiality in International Commercial Arbitration
Ileana M. Smeureanu
July 2011, ISBN/ISSN 9041132260,
ISBN 13: 9789041132260
240 pp. Hardcover
Add to Shopping Cart: Confidentiality in International Commercial Arbitration - 9041132260 - 9789041132260 $196.00


« Back to previous page   « Back to Catalog
Featured Products

Get the latest news, product info and more Check out Insight, our marketing blog.
Read more»

NEW online service - Kluwer IP Law
Read more»

New: Introduction to the Unitary Patent and the Unified Patent Court. Order Your Copy Now...
Read more»

Twitter and Wolters Kluwer. Follow the latest News on Twitter. Follow us here...
Read more»

Now Available: eBooks...from Wolters Kluwer
Read more»

New Blog on Mediation, join the experts.
Read more»

New Blog on Copyright Law, join the experts...
Read more»

Newsflash

Sign up here to receive our Monthly Newsletter


Read more»