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 20: Arbitration: All disputes arising out of or in connection with the
present contract shall be finally settled under the Rules of Arbitration of the
International Chamber of Commerce by three arbitrators appointed in
accordance with the said Rules. The seat of arbitration shall be Vindobona,
Danubia, and the language of the arbitration will be English. The contract,
including this clause, shall be governed by the law of Danubia.
 Interpretation

Exclusivity of Arbitration

The tribunal vs. the national courts.
Scope of the Agreement
 Choice of Law Applicable to the Agreement

Arbitration Agreement Con’t
 Enforceability
Institutional
v. Ad Hoc
UNCITRAL Model Law & Nat’l Arbitration Legislation
Separability Issues
Non-Arbitrability Doctrine
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
Issues that Arise in Arbitration:
Recognition and Enforcement of an Award
 New York Convention
 Presumption
of Validity
 (7) Ways to Overcome that Presumption
Agreements
vs. Awards
 Lex Arbitri (UNCITRAL Model Law)
 Selection
 Set
Aside Action
ICC Rules
 Procedural Rules (ICC)
 Introduction
 Commencing the Arbitration (Article 4-6)
 Multiple Parties, Contracts, Consolidation (Article 7-10)
 The Arbitration Tribunal (Article 11-15)
 The Arbitration Proceedings (Article 16-29)

More detail depending on the problem
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 ** highlight what is
relevant to the problem
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
 Websites
 ICC Rules
 http://www.iccwbo.org/Products-and-Services/Arbitrationand-ADR/Arbitration/Rules-of-arbitration/Download-ICCRules-of-Arbitration/ICC-Rules-of-Arbitration-in-severallanguages/
 UNCITRAL RULES

http://www.uncitral.org/uncitral/en/index.html
 History/drafting
Research Process- To be a New Presentation
 Rule
 Supporting evidence and evidence which explains
your position


Cases
Persuasive authority
 Policy supporting your position
Persuasive Authority
 What is persuasive authority?
 Examples of persuasive authority:
 IBA Guidelines
Article 8 – Evidentiary hearings
 Article 9 – Admissibility and Assessment of Evidence


Other International Arbitral Institutions
CEPANI
 AAA
 LCIA


Arbitral cases
From ICC
 From other international arbitral institutional


Authors
Helpful Resources
 Books
 Redfern and Hunter on International Arbitration, 5th 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, 2d Edition, Gary Born (2001)