International Arbitration Law

Introduction
• The defining features of arbitration
• Comparisons with litigation
• The pros and cons of adopting arbitration
• The importance and influence of the UNCITRAL Model Law in
   international arbitration
• The Arbitration Act 1996
• The various arbitral institutions and their rules
• Party autonomy in international arbitration proceedings
 
The Arbitration Agreement
• The requirements for a binding arbitration agreement
• The time at which arbitration agreements can be made
• How to ensure particular types of disputes are covered by the
  parties’ clause
• The incorporation of established arbitration rules and clauses
• The extent to which statutory provisions can be excluded by incorporation of such rules

Commencing Proceedings
• The way in which arbitration proceedings can be commenced
• The requirements for commencing arbitral proceedings in the
   Arbitration Act 1996 and various international arbitration rules
• The effect of failing to commence arbitration proceedings within the
   specified time
• The effect of the Limitation Acts and the provisions that exist for 
  seeking permission to commence arbitration proceedings out of time

The Arbitral Tribunal
• How the tribunal is constituted and the number of arbitrators which will
  form the tribunal. 
• The provisions which apply in the event that appointment procedure
  fails
• The decision-making process
• The ways in which an arbitrator’s appointment can be terminated

The Tribunal’s Jurisdiction
• The meaning of the tribunal’s substantive jurisdiction
• The tribunal’s competence to rule on its jurisdiction
• A party’s rights to challenge the jurisdiction of the tribunal
 
The Arbitral Proceedings
• The powers and duties of the tribunal
• The duties of the parties in arbitral proceedings. 
• The powers of the tribunal in relation to the procedure to be adopted
   for the dispute, including the evidence which will be permitted, and
   the extent to which the parties to the arbitration have an influence on
   the procedure adopted.

The Powers of the Court in Arbitral Proceedings
• The situations in which the English court is permitted to become
   involved in arbitral proceedings
• Applications to stay court proceedings brought in breach of a binding
   arbitration Agreement
• Determination of a point of law
• Enforcement of peremptory orders
• The importance of limiting the court’s interference and preserving party
   autonomy

The Award and the Costs of the Arbitration
• The formal requirements for an award including those set out in the
   Arbitration Act 1996 and the international rules. 
• The remedies available to the tribunal and the manner in which an
   award must be notified and where it is deemed to be made
• The effect of interim and final awards
• The costs of the arbitration including the basis of awarding costs, the
   concept of recoverable costs and the effect of agreements between
   parties about costs

The Powers of the Court in Relation to the Award
• The circumstances in which the court can become involved in the
   arbitration proceedings after an award has been made
• Applications to challenge the award relating to the substantive
  jurisdiction of the tribunal, for a serious irregularity and appeals on a
  point of law

Recognition and Enforcement of the Award
• How parties can enforce the award should a losing party fail to comply
  with it voluntarily
• Consideration of domestic and foreign awards
• The effect of the New York Convention in relation to the recognition and
  enforcement of foreign awards