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

(401 Ratings)

Produced on: April 29, 2014

Course Format On Demand Audio

Taught by


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



Stephen Anway

Squire Patton Boggs

Stephen Anway is a partner in Squire Patton Boggs’ world-ranked international arbitration group. He spends 100% of his counsel time representing clients in major international arbitrations and has acted as counsel in some 50 international arbitration proceedings brought under more than 10 different investment treaties, free-trade agreements and the Energy Charter Treaty.  Each spring, 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 Slovakia in the precedent-setting case, Achmea B.V. v. The Slovak Republic, Final Award dated 20 May 2014, in which Slovakia fully defeated the foreign investor’s claims under the Dutch-Slovak Bilateral Investment Treaty and was awarded its costs and legal fees.


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.


Mr. Anway is the exclusive recipient of the 2014 Client Choice Award from the International Law Office (ILO) for the “Arbitration” category in New York.  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.


Stanley S.

Again, very good program.

Paul H.

very in-depth granular view of arbitration process

Tammie M.

Excellent presenter. Very organized and easy to follow.

Varun G.

Excellent presentation.

Marlon O.

I love your series of interesting international law topics!

Matthew P.

Excellent job

Jenik R.

excellent, practical and helpful

Steven W.

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

Robert M.

Very informative presentation.

Leodis M.

good solid program1

John N.

Exceptional presentation, exceptional speaker

John C.

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

Jonathan K.

he really knows his stuff

James M.

Excellent Speaker

Thomas M.

Truly excellent coverage of material.

Kyoko I.


Michael C M.


Alan S.

Excellent overview.

David L.

Excellent - very practical


very useful!

Federico G.

Great Presenter

Michael B.

fantastic great job

kenneth s.

Excellent presentation

Dennis C.

very well presented

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