Vis International Commercial Arbitration Moot ARBITRATION What is

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 § This agreement can be reached before or after the dispute arises § Parties can agree upon both § Procedural rules [ICC] § Substantive law [CISG]

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 Enforcement

Why Arbitrate? Reasons for Choosing Arbitration Reasons for Not Choosing Arbitration Neutrality Inability to join additional parties or claims Enforceability – NY Convention Many nations have signed Lack of predictability/transparency Confidentiality Lack of right to appeal Choice of Arbitrators (expertise of arbitrators) Cost? Choice of procedure (speed and flexibility) Cost?

Issues that Arise in Arbitration: Arbitration Agreements The Vis Moot Arbitration Agreement Art 21: All disputes shall be settled amicably and in good faith between the parties. If no agreement can be reached each party has the right to initiate arbitration proceedings within 60 days after the failure of the negotiation to have the dispute decided by an arbitrator. The arbitration shall be conducted under the Rules of the Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada (“CAM-CCBC”) and in line with international arbitration practice. The Arbitral Tribunal shall consist of three arbitrators, appointed in accordance with the Rules of CAM-CCBC. The Parties may select arbitrators who are not on the List of Arbitrators maintained by CAM-CCBC. The President of the Arbitral Tribunal shall be appointed by the President of CAMCCBC.

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

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 Article 23 - Jurisdiction of the Arbitral Tribunal Article 27 - Burden of Proof and Witnesses Section IV – The Award

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

Helpful Resources Books Redfern and Hunter on International Arbitration, 5 th 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, 2 d Edition, Gary Born (2001)