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.
As Asia, China, in particular, gains economic momentum and increasingly attracts global attention, disputes between Asian and Western parties will inevitably increase. This book, the first to address issues arising from these types of disputes in depth, collects incisive articles by both well-known Asian arbitrators and non-Asian practitioners with extensive experience dealing with arbitrations involving Asian parties, all under the aegis of Michael Moser, a Western-trained lawyer who had the foresight to build a China-focused dispute resolution practice at a time when it was not fashionable to do so. The articles reflect Moser’s exemplary career as an independent arbitrator who has navigated between Asian and Western legal cultures seamlessly for decades. The upshot is an authoritative investigation of the differences and similarities of international arbitration between two contrasting cultures–both from a legal and social perspective– as well as a consideration of how each culture has influenced international arbitration practice overall. Issues covered include the following: interim measures in support of arbitration; the hybrid arbitration-mediation mode of dispute resolution; what China’s investment treaties have to offer; Moser’s ‘Triple A’ approach to mediation; witness conferencing; influence of of rang (¿), or exercise of altruism; Chinese courts’ approach to international arbitration; evolution of investment protection between China and Europe; disclosure versus state secrecy laws in China; and the standard for disclosure in rules of evidence. Given the increasing prevalence of arbitrations seated in Asia and the number of new players engaged in arbitration in Asia, this book is certain to attract a wide range of arbitration practitioners, especially those engaged in arbitrations involving Asian parties. As a comparative study of Asian and Western arbitration theory and practice, it is peerless. Scholars of arbitration worldwide are sure to learn from the insights detailed here of practitioners with consummate experience in arbitrations involving cross-cultural parties. “This is an excellent and wide ranging publication that rightly pays tribute to Michael’s career as a multi-faceted doyen of international arbitration; he has had his base in Asia but at all times he has held a global and even minded view. Many of us – and the overall institution of international arbitration - owe so very much to him.” Matthew Gearing, QC, former Chair of HKIAC “This wide-ranging and insightful volume pays tribute to the distinguished career of Michael Moser, a true Renaissance figure who has traversed both East and West and helped so many others bridge the two.” Gary Born, WilmerHale
As Asia, China, in particular, gains economic momentum and increasingly attracts global attention, disputes between Asian and Western parties will inevitably increase. This book, the first to address issues arising from these types of disputes in depth, collects incisive articles by both well-known Asian arbitrators and non-Asian practitioners with extensive experience dealing with arbitrations involving Asian parties, all under the aegis of Michael Moser, a Western-trained lawyer who had the foresight to build a China-focused dispute resolution practice at a time when it was not fashionable to do so. The articles reflect Moser’s exemplary career as an independent arbitrator who has navigated between Asian and Western legal cultures seamlessly for decades. The upshot is an authoritative investigation of the differences and similarities of international arbitration between two contrasting cultures–both from a legal and social perspective– as well as a consideration of how each culture has influenced international arbitration practice overall. Issues covered include the following: interim measures in support of arbitration; the hybrid arbitration-mediation mode of dispute resolution; what China’s investment treaties have to offer; Moser’s ‘Triple A’ approach to mediation; witness conferencing; influence of of rang (¿), or exercise of altruism; Chinese courts’ approach to international arbitration; evolution of investment protection between China and Europe; disclosure versus state secrecy laws in China; and the standard for disclosure in rules of evidence. Given the increasing prevalence of arbitrations seated in Asia and the number of new players engaged in arbitration in Asia, this book is certain to attract a wide range of arbitration practitioners, especially those engaged in arbitrations involving Asian parties. As a comparative study of Asian and Western arbitration theory and practice, it is peerless. Scholars of arbitration worldwide are sure to learn from the insights detailed here of practitioners with consummate experience in arbitrations involving cross-cultural parties. “This is an excellent and wide ranging publication that rightly pays tribute to Michael’s career as a multi-faceted doyen of international arbitration; he has had his base in Asia but at all times he has held a global and even minded view. Many of us – and the overall institution of international arbitration - owe so very much to him.” Matthew Gearing, QC, former Chair of HKIAC “This wide-ranging and insightful volume pays tribute to the distinguished career of Michael Moser, a true Renaissance figure who has traversed both East and West and helped so many others bridge the two.” Gary Born, WilmerHale
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