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Planning Efficient Arbitration Proceedings - The Law Applicable in International Arbitration (Paperback)
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Planning Efficient Arbitration Proceedings - The Law Applicable in International Arbitration (Paperback)
Series: ICCA Congress Series Set
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In ICCA's latest Congress Series, international experts,
professionals and practitioners in the field of arbitration put
forward answers to the challenge facing international arbitrators
to improve the efficiency and predictability of arbitration
proceedings. In order to present these topics coherently, the
organizers of ICCA's 12th International Arbitration Congress, held
in Vienna in November 1994, divided the forum into two working
groups: "Planning Efficient Arbitration Proceedings" and "The Law
Applicable in International Arbitration". Working Group I focused
on the arbitrator's ability to plan proceedings, using various
formal and informal methods and techniques. In particular,
attention was drawn to the UNCITRAL Draft Guidelines which provides
arbitrators with a written reminder of items to be covered while
planning proceedings. During debate, proponents emphasized the
"optional" character of the guidelines, to allay fears that more
efficiency would reduce the ability to solve disputes flexibly.
Working Group I also discussed means of improving the presentation
of evidence during proceedings. Working Group II faced the
complications arbitral tribunals may encounter when the law
applicable to the substance of a dispute and the law governing the
procedure are different. Attention was also directed toward three
other systems of law which may be relevant during the proceedings:
the law governing the capacity of the parties, the law applicable
to the arbitration agreement and the appropriate conflicts-of-law
rules to determine the substantive law. In general the reports of
both Working Groups expressed a desire for a more standardized and
international approach to arbitration proceedings and emphasized
the need to prevent parochial national preference from creating
unnecessary obstructions.
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