Practical Guide to International Arbitration - Second Edition
A Practical Guide to International Arbitration offers the reader a practical and direct explanation of international commercial arbitration from alpha to omega, written by three leading practitioners in the field. This book is designed to appeal to lawyers in private practice, as well as to students and newcomers to international arbitration. It is also aimed at another, often overlooked audience, the actual users of the arbitral process. The authors have written each chapter considering the perspective of in-house counsel, and business people in general, who find themselves navigating legal disputes with international counter parties. In-house counsel engaged in a cross-border dispute tend to focus on different issues compared to lawyers in private practice. Thus, the authors frame the discussion as an informal dialogue for dealing with an international business matter and not as a doctrinal debate about abstract legal or academic principles.
In this second edition to A Practical Guide to International Arbitration, the authors explore how the field of cross-border dispute resolution has evolved since 2020. As with the first edition of this book, the reader will find a simplified explanation of international commercial arbitration from alpha to omega. Supplementing that explanation are updates reflecting the continued growth of arbitration as an effective means to resolve international business disputes.
Foreword to the Second Edition
CHAPTER 1: WHY AND WHEN ARBITRATION
CHAPTER 2: DRAFTING AGREEMENTS TO ARBITRATE
CHAPTER 3: OVERVIEW OF ARBITRAL INSTITUTIONS
CHAPTER 4: COMPELLING ARBITRATION
CHAPTER 5: APPOINTMENT OF ARBITRATORS
CHAPTER 6: CHALLENGING ARBITRATORS
CHAPTER 9: PROVISIONAL MEASURES
CHAPTER 10: ARBITRAL PROCEDURE AND EVIDENCE
CHAPTER 11: MULTI-PARTY ARBITRATION
CHAPTER 12: SPECIAL ISSUES DEALING WITH STATES AND STATE ENTITIES
CHAPTER 13: FAST-TRACK ARBITRATION
Abby Cohen Smutny is the former Global Head of the International Arbitration practice group of White & Case LLP. She has been recognized as a leading practitioner of international arbitration globally and has held many associated leadership positions including Vice-President of the International Council for Commercial Arbitration (ICCA), Chair of the Executive Committee for the Institute of Transnational Arbitration, Vice-President and Counsellor of the American Society of International Law, Member of the Court of the Singapore International Arbitration Centre, Member of the Board of the Saudi Center for Commercial Arbitration, President of the North American User’s Council for the London Court of International Arbitration, Vice Chair of the Arbitration Committee and Chair of Investment Treaty Subcommittee for the International Bar Association, and Chair of the International Law Section of the District of Columbia Bar. Ms. Smutny is admitted to the bar in New York and the District of Columbia.
Andrew de Lotbinière McDougall KC is an International Arbitration Partner with White & Case LLP, based in Paris. He serves on the Firm’s elected Partnership Committee, is chair of the Firm’s Partner Development Committee and co-heads the Firm’s Aerospace & Defense and Nuclear Energy Groups. Mr. McDougall is Canadian and French, a King’s Counsel and admitted to practice in Ontario, Québec, Paris, England & Wales and Ireland. He represented Canada on the ICC Court and is a member of the ICC Institute, ICC Commission, ICC Canada and ICC France. He is also on the Roster of Arbitrators of the CAS and the ICDR. Mr. McDougall has taught international arbitration at Université Paris 1, the University of Ottawa and the Moscow State Institute of Foreign Relations. He has also taught advocacy for 20 years and is a former chair of FIAA’s Executive Committee. Mr. McDougall is a Trustee of the Fox Scholarship and a former Fox Scholar at Middle Temple, and he won the prize for Trial Advocacy in law school (A+).
Michael P. Daly is Counsel in the global disputes practice at Jones Day, based in Washington, DC with a focus on investor-State arbitration, international commercial disputes, and cross-border litigation. He is admitted to practice in the District of Columbia, Florida, and the Commonwealth of Massachusetts. He is a Board Member of the Washington Foreign Law Society and the George Washington Business & Finance Law Advisory Council. Mr. Daly previously served as a Legal Adviser at the Iran-United States Claims Tribunal in The Hague, as private law clerk to Charles N. Brower (20 Essex Street), and as a Visiting Associate Professor at George Washington University Law School. He teaches International Business Transactions at Georgetown University Law Center.
“A Practical Guide to International Arbitration delivers exactly what is promised – it is extremely readable and covers all the relevant points a practitioner should understand, from initiation of an arbitration to the review and enforcement of an Award. It is especially helpful in matching clear statements about the applicable law and available rules with pragmatic advice for counsel navigating an arbitration, and will be useful for anyone involved in an arbitral proceeding.” Meg Kinnear, Secretary-General, International Centre for the Settlement of Investment Disputes (ICSID)
“A Practical Guide to International Arbitration is an excellent book for users of international arbitration – it covers everything about the life of an arbitration in a practical way, from start to finish. The authors present complex concepts and issues in an easy to understand way, capturing the essence needed for the user who wants to get up to speed quickly with any aspect of an international arbitration. The arbitration user community will find this a useful, go-to book.” Alexis Mourre, President, International Chamber of Commerce (ICC), International Court of Arbitration
“There are many arbitration books, but A Practical Guide to International Arbitration by three knowledgeable and highly experienced authors fills a gap in the existing literature. It is a balanced, informative and well-structured guide, written in a pleasant style, using clear language and containing instructive examples. The book is accessible but not superficial and contains general guidance as well as detailed, comparative references that will allow users to make informed choices. I expect A Practical Guide to International Arbitration Guide to become a valuable resource for first time users of arbitration as well as for experienced actors.” Jacomijn van Haersolte-van Hof, Director General, London Court of International Arbitration (LCIA)
“A Practical Guide to International Arbitration is a clear and comprehensive guide to the fundamental concepts of international arbitration. It offers answers to all of the most common questions that in-house counsel face when deciding whether to arbitrate and, if so, how, when and where. In-house counsel can take great comfort in the fact that it is authored by three experts in the field who together combine decades of expertise advising companies on dispute resolution options and representing them in international arbitration proceedings. This book is an invaluable addition to the office of any counsel.” Sarah Grimmer, Secretary-General, Hong Kong International Arbitration Centre (HKIAC)
“A Practical Guide to International Arbitration is essential reading for all in-house counsel. It is straightforward, concise and accessible, covering a wide range of practical issues with informed and comprehensive guidance. In-house and external counsel around the world will turn to this book as their first port of call when disputes arise.” Lim Seok Hui, Chief Executive Officer and Secretariat, Singapore International Arbitration Centre (SIAC)
“I am delighted to see a book like A Practical Guide to International Arbitration on the market aimed at in-house counsels like me. The authors have done an impressive job at explaining the various aspects of international arbitration from beginning to end in a practical way. This is exactly the kind of book that my team members and I will benefit from referring to regularly when considering arbitration issues and discussing them with our internal clients. Thank you to the authors and well done!” Sophie Germain, General Counsel, Nestlé Waters
“I am delighted to see A Practical Guide to International Arbitration a book covering the full lifecycle of an international arbitration and is aimed at in-house counsels. Moreover, in a very practical way. It will help us to quickly understand and to discuss internally various aspects of an international arbitration. This is very useful for beginners as well as more experienced lawyers navigating in the world of arbitration.” Sirpa-Helena Sormunen, General Counsel, Fortum Corporation
Abby Cohen Smutny is the former Global Head of the International Arbitration practice group of White & Case LLP. She has been recognized as a leading practitioner of international arbitration globally and has held many associated leadership positions including Vice-President of the International Council for Commercial Arbitration (ICCA), Chair of the Executive Committee for the Institute of Transnational Arbitration, Vice-President and Counsellor of the American Society of International Law, Member of the Court of the Singapore International Arbitration Centre, Member of the Board of the Saudi Center for Commercial Arbitration, President of the North American User’s Council for the London Court of International Arbitration, Vice Chair of the Arbitration Committee and Chair of Investment Treaty Subcommittee for the International Bar Association, and Chair of the International Law Section of the District of Columbia Bar. Ms. Smutny is admitted to the bar in New York and the District of Columbia.
Andrew de Lotbinière McDougall KC is an International Arbitration Partner with White & Case LLP, based in Paris. He serves on the Firm’s elected Partnership Committee, is chair of the Firm’s Partner Development Committee and co-heads the Firm’s Aerospace & Defense and Nuclear Energy Groups. Mr. McDougall is Canadian and French, a King’s Counsel and admitted to practice in Ontario, Québec, Paris, England & Wales and Ireland. He represented Canada on the ICC Court and is a member of the ICC Institute, ICC Commission, ICC Canada and ICC France. He is also on the Roster of Arbitrators of the CAS and the ICDR. Mr. McDougall has taught international arbitration at Université Paris 1, the University of Ottawa and the Moscow State Institute of Foreign Relations. He has also taught advocacy for 20 years and is a former chair of FIAA’s Executive Committee. Mr. McDougall is a Trustee of the Fox Scholarship and a former Fox Scholar at Middle Temple, and he won the prize for Trial Advocacy in law school (A+).
Michael P. Daly is Counsel in the global disputes practice at Jones Day, based in Washington, DC with a focus on investor-State arbitration, international commercial disputes, and cross-border litigation. He is admitted to practice in the District of Columbia, Florida, and the Commonwealth of Massachusetts. He is a Board Member of the Washington Foreign Law Society and the George Washington Business & Finance Law Advisory Council. Mr. Daly previously served as a Legal Adviser at the Iran-United States Claims Tribunal in The Hague, as private law clerk to Charles N. Brower (20 Essex Street), and as a Visiting Associate Professor at George Washington University Law School. He teaches International Business Transactions at Georgetown University Law Center.
“A Practical Guide to International Arbitration delivers exactly what is promised – it is extremely readable and covers all the relevant points a practitioner should understand, from initiation of an arbitration to the review and enforcement of an Award. It is especially helpful in matching clear statements about the applicable law and available rules with pragmatic advice for counsel navigating an arbitration, and will be useful for anyone involved in an arbitral proceeding.” Meg Kinnear, Secretary-General, International Centre for the Settlement of Investment Disputes (ICSID)
“A Practical Guide to International Arbitration is an excellent book for users of international arbitration – it covers everything about the life of an arbitration in a practical way, from start to finish. The authors present complex concepts and issues in an easy to understand way, capturing the essence needed for the user who wants to get up to speed quickly with any aspect of an international arbitration. The arbitration user community will find this a useful, go-to book.” Alexis Mourre, President, International Chamber of Commerce (ICC), International Court of Arbitration
“There are many arbitration books, but A Practical Guide to International Arbitration by three knowledgeable and highly experienced authors fills a gap in the existing literature. It is a balanced, informative and well-structured guide, written in a pleasant style, using clear language and containing instructive examples. The book is accessible but not superficial and contains general guidance as well as detailed, comparative references that will allow users to make informed choices. I expect A Practical Guide to International Arbitration Guide to become a valuable resource for first time users of arbitration as well as for experienced actors.” Jacomijn van Haersolte-van Hof, Director General, London Court of International Arbitration (LCIA)
“A Practical Guide to International Arbitration is a clear and comprehensive guide to the fundamental concepts of international arbitration. It offers answers to all of the most common questions that in-house counsel face when deciding whether to arbitrate and, if so, how, when and where. In-house counsel can take great comfort in the fact that it is authored by three experts in the field who together combine decades of expertise advising companies on dispute resolution options and representing them in international arbitration proceedings. This book is an invaluable addition to the office of any counsel.” Sarah Grimmer, Secretary-General, Hong Kong International Arbitration Centre (HKIAC)
“A Practical Guide to International Arbitration is essential reading for all in-house counsel. It is straightforward, concise and accessible, covering a wide range of practical issues with informed and comprehensive guidance. In-house and external counsel around the world will turn to this book as their first port of call when disputes arise.” Lim Seok Hui, Chief Executive Officer and Secretariat, Singapore International Arbitration Centre (SIAC)
“I am delighted to see a book like A Practical Guide to International Arbitration on the market aimed at in-house counsels like me. The authors have done an impressive job at explaining the various aspects of international arbitration from beginning to end in a practical way. This is exactly the kind of book that my team members and I will benefit from referring to regularly when considering arbitration issues and discussing them with our internal clients. Thank you to the authors and well done!” Sophie Germain, General Counsel, Nestlé Waters
“I am delighted to see A Practical Guide to International Arbitration a book covering the full lifecycle of an international arbitration and is aimed at in-house counsels. Moreover, in a very practical way. It will help us to quickly understand and to discuss internally various aspects of an international arbitration. This is very useful for beginners as well as more experienced lawyers navigating in the world of arbitration.” Sirpa-Helena Sormunen, General Counsel, Fortum Corporation
Foreword to the Second Edition
CHAPTER 1: WHY AND WHEN ARBITRATION
CHAPTER 2: DRAFTING AGREEMENTS TO ARBITRATE
CHAPTER 3: OVERVIEW OF ARBITRAL INSTITUTIONS
CHAPTER 4: COMPELLING ARBITRATION
CHAPTER 5: APPOINTMENT OF ARBITRATORS
CHAPTER 6: CHALLENGING ARBITRATORS
CHAPTER 9: PROVISIONAL MEASURES
CHAPTER 10: ARBITRAL PROCEDURE AND EVIDENCE
CHAPTER 11: MULTI-PARTY ARBITRATION
CHAPTER 12: SPECIAL ISSUES DEALING WITH STATES AND STATE ENTITIES
CHAPTER 13: FAST-TRACK ARBITRATION