International Commercial Arbitration (Part 2): Focal Points in the Arbitral Process

(405 Ratings)

Produced on: April 29, 2014

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 66 minutes
Difficulty Intermediate

This program is the second in a multiple part curriculum on international arbitration.  Whereas the first part of the seminar addressed whether a court or the arbitrators should decide threshold issues involving international arbitration, this second part considers the major focal points once the international arbitration has commenced and is underway. 

 

In this course, Mr. Anway discusses the major aspects of the arbitral process, including:

·         the relative importance of the lex arbitri

·         organizing the proceedings;

·         the parties’ and the arbitrators’ discretion;

·         the terms of reference;

·         document production (discovery);

·         confidentiality; and

·         choice of law issues.

 

Mr. Anway discusses each of these topics in detail, providing a realistic picture of the conduct of a modern international arbitration.  Throughout the discussion, Mr. Anway contrasts the focal points of international arbitration with those of national court litigation.

 

Learning Objectives:

I.    Become familiar with the major focal points in the international arbitral process

II.   Grasp the procedural differences between international arbitration and domestic court litigation

III.  Know what aspects of the arbitral process left to the parties’ and arbitrators’ discretion and those that are not

IV.  Learn the general scope of discovery in international arbitration and the legal norms that inform that analysis

V.   Identify issues pertaining to the lex arbitri and choice-of-law questions

 

Faculty

Stephen Anway

Squire Patton Boggs

Stephen Anway is Co-Head of Investment Arbitration and a partner in Squire Patton Boggs’ world-ranked international arbitration group. He has represented the winning party in many of the largest international arbitrations in the world over the past 15 years. Mr. Anway has worked in more than 30 countries and has represented clients – including 10 different sovereign nations and numerous foreign investors – in more than 75 international arbitration proceedings. Those cases include arbitrations brought under more than 10 different investment treaties, free-trade agreements and the Energy Charter Treaty. Every year, Mr. Anway teaches a 13-week doctrinal course on international arbitration at Case Western Reserve University School of Law, where he serves as an Adjunct Professor of Law. 

 

Mr. Anway specializes in both investment treaty arbitration and international commercial arbitration. His investment-treaty arbitration experience includes representing the Czech Republic in three major cases in 2009, 2012, and 2013 (each worth approximately $100 million). The Czech Republic fully defeated the claims in each of them. More recently, he acted as counsel for the Slovak Republic in two billion-dollar investment treaty arbitrations, both resulting in major wins for the Slovak Republic, and for the Republic of Kosovo, which resulted in a full victory for Kosovo. He was also counsel to the Republic of Ecuador in a billion-dollar arbitration, which resulted in the then largest annulment in ICSID history in favor of Ecuador.

 

Mr. Anway also specializes in high-stakes natural gas price review arbitrations. In 2013, he acted as counsel in an International Chamber of Commerce (ICC) arbitration in which his client won more than $395 million. That award followed another ICC decision in August 2012, which awarded his client $580 million. Mr. Anway was also counsel for the winning party in two different UNCITRAL awards worth over $1 billion—one in 2005 and one in 2008.


In December 2017, Law360 named Stephen as one of the top three MVPs in international arbitration in the world. In August 2017, Who’s Who Legal named Stephen to its list of Arbitration Future Leaders 2018. He received the same honor in 2017. In March 2016, Law360ranked Stephen as one of the top 10 international arbitration lawyers under the age of 40. In February 2016, the National Law Journal named him one of the top 50 Alternative Dispute Resolution (ADR) lawyers. In June 2015, The American Lawyer awarded Stephen the Arbitration Award at its inaugural Transatlantic Legal Awards dinner in London. In both 2014 and 2015, the International Law Office awarded him the Client Choice Award for the Arbitration category in New York. In 2014, Crain’s Business named him to its Forty under 40. In June 2013, The American Lawyer Arbitration Scorecard published its list of the 20 Largest Commercial Arbitration Awards ever captured by the publication (dating back to 2001), and Mr. Anway represented the winning party in three of them.

Reviews

SS
Stanley S.

Again, very good program.

PH
Paul H.

very in-depth granular view of arbitration process

TM
Tammie M.

Excellent presenter. Very organized and easy to follow.

VG
Varun G.

Excellent presentation.

MO
Marlon O.

I love your series of interesting international law topics!

MP
Matthew P.

Excellent job

JR
Jenik R.

excellent, practical and helpful

SW
Steven W.

I am very impressed with the programs presented by Prof. Anway; they are all top rate, in my opinion.

RM
Robert M.

Very informative presentation.

LM
Leodis M.

good solid program1

JN
John N.

Exceptional presentation, exceptional speaker

JC
John C.

Exceptional course -- this course and this series presented by this speaker is one of the best CLE programs I have taken.

JK
Jonathan K.

he really knows his stuff

JM
James M.

Excellent Speaker

TM
Thomas M.

Truly excellent coverage of material.

KI
Kyoko I.

Excellent!

MM
Michael C M.

excellent

AS
Alan S.

Excellent overview.

DL
David L.

Excellent - very practical

YZ
YI Z.

very useful!

FG
Federico G.

Great Presenter

MB
Michael B.

fantastic great job

KS
kenneth s.

Excellent presentation

DC
Dennis C.

very well presented

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