Realizing the Advantages of International Commercial Arbitration

1. Realizing the Advantages of International Commercial Arbitration Henri C. Alvarez October 6, 2005

2. private neutral predictable binding limited judicial review summary enforcement flexible Advantages

3. How to Realize the Advantages • choosing the place of arbitration • choosing the procedure • choosing the arbitrators • ensuring privacy and confidentiality • finality and judicial intervention • considering the arbitration agreement

4. Place of Arbitration • legal seat • nature and scope of judicial scrutiny • measures available to court to support proceedings • grounds available to challenge award • grounds upon which award may be set aside

5. Procedure • broad freedom to select procedure • institution rules or ad hoc arbitration • choosing the “right” rules • the arbitral tribunal’s discretion • choosing counsel

6. Choosing Arbitrators • expertise vs. experienced • independence • impartiality

7. Privacy and Confidentiality • the confidentiality myth • by rule or agreement

8. Finality and Judicial Intervention • subject to less review • UNCITRAL Model Law • due process • jurisdiction • parties • subject matter • public policy

9. Arbitration Agreement • standard institution clause vs. specially tailored clause • most important aspect of any arbitration

10. Elements of the Arbitration Agreement • scope of agreement • parties • subject matter • place of arbitration • applicable rules • number of arbitrators/method of appointment • arbitrator qualifications

11. law applicable to the merits • language of the arbitration • confidentiality • interim relief • limits on judicial intervention/appeal • negotiation or mediation as a preliminary step

12. Conclusions • privileged form of dispute resolution larger than the sum of its parts • a powerful tool for the management and resolution of disputes • exercise of autonomy/flexibility is key