Vis International Commercial Arbitration Moot

What is Arbitration? The Agreement Procedural rules [ICC] Arbitration is a contractually agreed upon method of dispute resolution The power to arbitrate originates from the agreement of the parties This agreement can be reached before or after the dispute arises Parties can agree upon both Procedural rules [ICC] Substantive law [CISG]

What is Arbitration? The Process The Result Parties can choose Institutional vs. Ad hoc Arbitration Rules of the Institution and State The Result The Award New York Convention Enforcement

Why Arbitrate? Reasons for Choosing Arbitration Reasons for Not Choosing Arbitration Neutrality Inability to join additional parties or claims Enforceability – NY Convention Many nations have signed Lack of predictability/transparency Confidentiality Lack of right to appeal Choice of Arbitrators (expertise of arbitrators) Cost? Choice of procedure (speed and flexibility)

Issues that Arise in Arbitration: Arbitration Agreements The Vis Moot Arbitration Agreement Art 20: All disputes shall be settled amicably and in good faith between the parties. If no agreement can be reached the dispute shall be decided by arbitration in Vindobona by the International Arbitration Tribunal (VIAC) under its International Arbitration Rules in accordance with international practice. The number of arbitrators shall be three to be appointed in accordance with those Rules. The proceedings shall be conducted in a fast and cost efficient way and the parties agree that no discovery shall be allowed. The award shall be binding and each party shall comply with the award. The contract is governed by the law of Danubia including the CISG.

Arbitration Agreement Con’t Enforceability Institutional v. Ad Hoc UNCITRAL Model Law & Nat’l Arbitration Legislation Separability Issues Non-Arbitrability Doctrine

Issues that Arise in Arbitration: During Arbitration Who Chooses the Arbitrators Parties themselves? Appointing Authority? Number of Arbitrators Challenge and Replacement of Arbitrators Institutional Rules National Courts Provisional Measures Arbitrators - Institutional Rules Arbitrators - National Law

Issues that Arise in Arbitration: Recognition and Enforcement of an Award New York Convention Presumption of Validity (7) Ways to Overcome that Presumption Agreements vs. Awards Lex Arbitri (UNCITRAL Model Law) Selection Set Aside Action

UNCITRAL Model Law + 2006 Amendments What the Model Law is The Model Law’s Role Section I – Introductory Rules Section II – Composition of the arbitral tribunal Section III – Arbitral proceedings Article 23 - Jurisdiction of the Arbitral Tribunal Article 27 - Burden of Proof and Witnesses Section IV – The Award

New York Convention Article II – Recognition of agreements Aritcle III – Recognition of Awards Article V – Exceptions to Enforcement (1)(a) Invalid agreement (1)(b) Lack of proper notice (1)(c) Award deals with issues beyond the scope of arbitration (1)(d) Composition of arbitration authority, or the procedure was not in accordance with the agreement of the parties. (2)(a) Subject matter is not capable of settlement by arbitration under the law of the country of enforcement. (2)(b) Public policy

Persuasive Authority What is persuasive authority? Examples of persuasive authority: IBA Rules Other International Arbitral Institutions CEPANI AAA LCIA Arbitral cases From UNCITRAL From other international arbitral institutional Authors

Helpful Resources Books Redfern and Hunter on International Arbitration, 5th Edition, by Alan Redfern and Martin Hunter (2009) Procedural Law in International Arbitration, by Petrochilos Georgios (2004) Comparative International Commercial Arbitration, by Julian D.M. Lew (2003) International Commercial Arbitration, Volume I & II, by Gary Born (2009) International Commercial Arbitration Commentary and Materials, 2d Edition, Gary Born (2001)