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

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