The Freshfields Guide to Arbitration Clauses in International Contracts 3rd Edition by Jan Paulsson, Nigel Rawding 904113400X 9789041134004

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Product details:

ISBN 10: 904113400X

ISBN 13: 9789041134004

Author: Jan Paulsson; Nigel Rawding

For many parties to international contracts, arbitration has proven to be the most effective means of dispute resolution. Too many of these agreements, however, still founder on the rock of a defective dispute resolution clause. This acclaimed book shows practitioners how to steer clear of that all-too- common obstacle by drafting fully-informed, comprehensive contract provisions at the outset.

With this newly updated edition of the very successful The Freshfields Guide to Arbitration and ADR – still in the concise, attractive format that made the original so popular – lawyers and business people will confidently negotiate contracts that ensure a speedy, clear-cut resolution of any dispute likely to arise. Taking into account the many significant developments in the law and practice of international arbitration that have occurred during the years since the First Edition, it offers: clear, uncomplicated contract-drafting advice, derived from the authors’ wide practical experience model clauses that ensure the effectiveness of dispute resolution provisions – and avoid their pitfalls, and important reference materials.

With this new edition The Freshfields Guide to Arbitration and ADR reaffirms itself as the preferred short guide for busy contract negotiators. It will help them to draft provisions that will weather disputes, preserve transactions, and foster long-lasting mutual confidence and trust among the parties.

The Freshfields Guide to Arbitration Clauses in International Contracts 3rd Table of contents:

Chapter 1 Choosing the method

Direct negotiation

ADR

Litigation before national courts

Arbitration

Institutional or ad hoc arbitration?

Institutional arbitration

Ad hoc arbitration

ICSID arbitration

Treaty arbitration

Growth in the use of arbitration

Chapter 2 Choosing the applicable law

The law(s) applicable to the substance of the dispute

National laws

What if no substantive law is chosen?

General principles of law

Common principles of national laws

Concurrent laws

The lex mercatoria

The UNIDROIT Contract Principles

Trade usage

The Shari’ah

Amiable composition and equity clauses

Chapter 3 Choosing the place of arbitration

Suitable legal environment

Enforcing the arbitration agreement

Enforceability of awards

The UNCITRAL Model Law

Practical considerations

Meetings and hearings outside the place of arbitration

Change of the place of arbitration?

Some geographical observations

Brazil

Russia

People’s Republic of China

Hong Kong and Singapore

The Middle East

India

Chapter 4 Choosing the language of the arbitration

Chapter 5 Choosing the rules

Institutional or ad hoc?

Ad hoc rules

The UNCITRAL Rules

Institutional arbitration

The international acceptability of arbitral institutions

ICC

LCIA

AAA/ICDR

SCC

Institutional Fees

ICSID

PCA

Regional and national institutions

Brazil

Russia

India

People’s Republic of China

Hong Kong and Singapore

The Middle East

Industry-specific institutions

Expedited procedures

Responding to new methods of conducting arbitration

E-commerce arbitration

Chapter 6 Choosing the arbitrators

Number of arbitrators

Choosing an arbitrator

Independence and impartiality of arbitrators

Availability

Appointment in default of agreement or on behalf of a defaulting party

Selection of sole or presiding arbitrators

Nationality requirements

Qualifications of arbitrators

Chapter 7 Choosing mechanisms to deal with specific situations

Joinder, consolidation and multiparty arbitrations

Joinder

Consolidation

Appointment of arbitrators in multi-party cases

Class actions

Adaptation of contracts and filling gaps

Confidentiality

Capacity of the parties to agree to arbitration

Authority to agree to arbitration

The law governing the arbitration clause

Procedural law

Arbitrability of disputes

Exclusion of appeals

Costs

Contracts with state parties

Waiver of state immunity

Treaty arbitration

Interim measures of protection

“Split” clauses

Detailed procedural rules

Chapter 8 Choosing ADR/tiered dispute resolution methods

Principal forms of ADR

ADR rules and procedures

Model clause

Chapter 9 Drafting the arbitration clause

Incorporation by reference

Avoiding pitfalls and “pathological” clauses

A general purpose institutional arbitration clause

Appendix 1 Model clauses for institutional arbitration

Standard arbitration procedures

Appendix 2 Key features of selected arbitration rules

Appendix 3 Sample clause for ad hoc arbitration

Appendix 4 Sample tiered dispute resolution clause

Appendix 5 Sample multi-party “umbrella” agreement

1. DEFINITIONS

2. DISPUTE RESOLUTION

3. ADDITIONAL PARTIES AND NEW AGREEMENTS

4. GOVERNING LAW

Appendix 6 New York Convention and UNCITRAL Model Law countries and the top 20 places of ICC arbitra

Appendix 7 Contact details of selected arbitral institutions and other organisations

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