International Arbitration Checklists Third Edition

Baker & McKenzie, has one of the world's largest and most successful international arbitration practices. This book, written by members of the International Dispute Resolution Practice Group of Baker & McKenzie and others, provides a practical, experience-based guide to international arbitration. Each chapter begins with a "checklist" of issues to be considered at each stage of arbitration. Topics include drafting arbitration clauses, commencement of the case, staying court proceedings, compelling arbitration, selection of the tribunal, provisional relief, conduct of hearings and enforcement of awards, among many others. Law and practice in each of the world's major arbitration centers is discussed. Appendices provide ready access to arbitration treaties, statutes and rules. This book will be a standard reference for in-house counsel and outside practitioners. In the seven years since the publication of the Second Edition, virtually every major arbitration institution has revised its rules. These rule changes reflect a general tendency to seek to improve efficiency in arbitration proceedings by addressing such matters as consolidation, joinder and pre-hearing conferences and exchange of information. The revisions generally seek to establish procedures to avoid unnecessary delay and expense, and some rules have sought to expand the arbitrators powers and the parties obligations in this regard. Most rules now provide for emergency arbitrators to provide immediate relief prior to constitution of a tribunal. There have been further developments of influential soft law. The IBA Rules on the Taking of Evidence in International Arbitration ( IBA Rules ) were revised in May 2010, and quickly emerged as the global standard for the taking of evidence in arbitrations around the world. Even in cases in which the parties do not expressly agree on the use of the IBA Rules, arbitration tribunals often apply them as guidelines. The IBA revised its influential Guidelines on Conflicts of Interest ( Guidelines ) in October 2014. The revised Guidelines seek to ensure the integrity and independence of arbitrators to avoid unnecessary challenges and arbitrator withdrawals by, inter alia, proposing a somewhat stricter standard in regard to arbitrator disclosure. With the same objective of enhancing fairness and integrity of arbitration proceedings, the IBA introduced the IBA Guidelines on Party Representation in International Arbitration in May 2013. The LCIA included similar guidelines on counsel conduct in an annex to its rules which came into force on 1 October 2014. Meanwhile, the Swiss Arbitration Association ( ASA ) has called for a transnational global body to enforce ethical standards in arbitration. There has also been a focus on the use of arbitral secretaries in recent years. As of 1 June 2014, HKIAC introduced its Guidelines on the Use of a Secretary to the Arbitral Tribunal. Best practices are also reflected by the Young ICCA Guide on Arbitral Secretaries, published in 2014. The HKIAC and similar guidelines and rules allow the tribunal to appoint a secretary who may perform certain tasks for the tribunal.