Chartered Institute of Arbitrators East Anglia Branch Summer Seminar 2012 Time Limited Arbitration Christopher Dancaster DipICArb FRICS FCIArb 41 Rowsham.

Slides:



Advertisements
Similar presentations
1 Ignacio de Castro WIPO Arbitration and Mediation Center Solving Disputes: The Services of the WIPO Arbitration and Mediation Center WIPO-INSME Training.
Advertisements

August 28, 2009 Federal Emergency Management Agency Public Assistance Arbitration Process.
S.L Part 1, Section 3.(b) G.S. 150B-21.3A: PERIODIC REVIEW AND EXPIRATION OF EXISTING RULES.
How does the FAT Procedure work? A Guide to Arbitration Procedures before the FIBA Arbitration Tribunal (FAT)
Contracts – important issues
Dispute Resolution Under the Congressional Accountability Act
CIArb SEMINAR 14 JUNE 2013 Decision making Adjudicator’s and Arbitrator’s perspective Peter Aeberli DipICArb RIBA ARIAS ACE FCIArb Barrister Chartered.
The First-tier Tribunal (Property Chamber) Nicholas Kissen Thomas Frith Islington Leaseholders Association 12 th June 2013.
What Small and Emerging Contractors Need to Know Understanding Dispute Resolution Options in the Construction Industry © Copyright 2014 NASBP.
Workshop Swiss Rules of International Arbitration Expedited Procedure, Emergency Relief, Awards and Costs Prague, 5 October 2012.
EMPLOYEE PERFORMANCE EVALUATION MANUAL REVISIONS 8/1/11.
COMMENCEMENT OF ARBITRATION PROFESSOR JOSEPH MBADUGHA.
CONFERENCE ON INTERNATIONAL ARBITRATION: PALESTINE 10 DECEMBER 2013 V.V.VEEDER DRAFTING ARBITRATION AWARDS 1.
Arbitration in Poland Practical issues Monika Hartung Legal Adviser, Partner Warsaw 16 June 2011.
Cost Effective Dispute Resolution Alana Dowley Legal Services Director Contract Intelligence Pty Ltd.
Frontloading under Akwa Ibom State High Court (Civil Procedure) Rules 2009 Presentation by Paul Usoro, SAN to NBA Branches in Akwa Ibom State on 09 September.
INTERNATIONAL ARBITRATION Domenico Di Pietro STUDYING LAW AT ROMA TRE FALL SEMESTER 18 October 2010.
East Anglia Branch Annual Seminar Downing College, Cambridge 14 June 2013 The Man* in the Middle *The masculine gender shall include the feminine.
The New Mediation Regulation October 16, 2012 Commissioner Derrick L. Williams.
 Mediation is a dispute resolution process in which, as an alternative to judicial or administrative decision-making process, the parties are assisted.
WIPO ARBITRATION AND MEDIATION CENTER 1 Ignacio de Castro WIPO Arbitration and Mediation Center February, 2008 Arbitration of Intellectual.
ARBITRATION & MEDIATION IN US & TURKEY Tuncay YILDIRAN Supervisor Pf.William C.TYSON.
ISLAMIC UNIVERSITY OF GAZA FACULTY OF ENGINEERING CIVIL ENGINEERING DEPARTMENT 20. Claim, Disputes and Arbitration [Construction Contract Administration]
1 “For Better or For Worse” State Bar of Arizona American Academy of Matrimonial Lawyers January 28, 2010 Rules Update Arizona Rules of Family Law Procedure,
ICC Mediation Rules: Standard Clauses ICC Brazilian Arbitration Day Sao Paulo, 14 May 2014 David J. A. Cairns B. Cremades y Asociados, Madrid.
1 1 ADR for Intellectual Property Disputes – ADR Practice in Luxembourg: ARBITRATION.
Drafting a Bullet-Proof ADR Clause: Lessons Learned
 An Act to provide for the establishment of Tribunals for expeditious adjudication and recovery of debts due to banks and financial institution and for.
How does the BAT Procedure work? A Guide to Arbitration Procedures before the Basketball Arbitral Tribunal (BAT)
DISPUTE SETTLEMENT N D Sharma. ARBITRATION Arbitration: The settlement of a matter (disputes) at issue by one or more arbitrators to whom the parties.
Arbitration RA Dirk Hoffmann MBA all rights reserved Best practices – a European perspective Dirk Hoffmann, MBA, Lawyer (Germany) EU-Taiwan Seminar.
Small claims procedure Regulation (EC) No 861/2007of European Parlament and of the Council of 11 July establishing a European Small Claims Procedure (OJ.
Taking privacy cases through the Human Rights Review Tribunal Some observations on process and the roles of the Privacy Commissioner and the Director of.
Copyright © 2005 Pearson Education Canada Inc. Business Law in Canada, 7/e, Chapter 2 Business Law in Canada, 7/e Chapter 2 The Resolution of Disputes.
ARBITRATION IN POLAND Maciej Łaszczuk Justyna Szpara Rafał Morek.
Negotiating & Drafting International Arbitration Agreements Christopher R. Drahozal John M. Rounds Professor of Law University of Kansas School of Law.
Stages of an Arbitration Arbitration Week in Palestine Session #4 December 9,
Doc.: IEEE /1129r1 Submission July 2006 Harry Worstell, AT&TSlide 1 Appeal Tutorial Notice: This document has been prepared to assist IEEE
Supreme Court civil pre-trial procedures: an overview
International Commercial Arbitration The arbitral tribunal University of Oslo Giuditta Cordero-Moss, Ph.D., Dr.Juris Professor, Oslo University.
1 A decade of revisions at UNCITRAL Special Course 6 – James Castello Lecture 3 Arbitration Academy PA R I S SUMMER COURSES
1 DISPUTE SETTLEMENT THROUGH ADJUDICATION N D Sharma.
1 A decade of revisions at UNCITRAL Special Course 6 – James Castello Lecture 5 Arbitration Academy PA R I S SUMMER COURSES
Notes on the drafting of arbitration agreements in shipping and transport related contracts Fredrik Andersson 16 June 2014.
SESSION SEVEN THE HEARING (UNCITRAL 2010) Immanuel Kant Baltic Federal University Kaliningrad, Russia John B. Tieder, Jr., Esq. McLean, Virginia USA
Seminar on the Swiss Rules of International Arbitration Evidence & Hearings under the Swiss Rules Belgrade, 9 December 2015 University.
ADVOCATE S The Arbitration and Conciliation Act, The Arbitration and Conciliation (Amendment) Ordinance, 2015 C-17, II Floor, LSC I Paschimi Marg.
Change Orders, Extras and Claims Presented by Geoffrey Cantello, City of Ottawa.
Tom Weekes Landmark Chambers. Is there a strict deadline for appealing against a party wall award? How do you work out the date on which documents that.
ARBITRATION ACT. Challenge of arbitrator The appointment of an arbitrator may be challenged on the issues of – (i) impartiality, – (ii) independence,
Lecture 6 – Conduct of the Arbitral Reference. Conduct of Arbitral Reference Arbitration agreement can stipulate how an arbitral reference is to be conducted.
1 Practical Techniques for Handling International Commercial Arbitration Cases Dubai International Arbitration.
Settle your claims effectively!. Arbitration Court attached to the Economic Chamber of the Czech Republic and the Agricultural Chamber of the Czech Republic.
Dispute Resolution Between ICT Service Providers in Saudi Arabia
Distribution Contracts and Arbitration How to deal with small agency and distribution disputes Marie Öhrström Assistant Secretary General
Swiss Case Law Series: Deviations from the agreed procedural rules: A Non-issue? The Swiss perspective ASA below 40 / ICDR Y & I Seminar 15 September 2017.
Civil Pre-Trial Procedures
Civil Pre-Trial Procedures
ARBITRATION AWARD.
SIMAD UNIVERSITY Keyd abdirahman salaad.
SIMAD UNIVERSITY Keyd abdirahman salaad.
CHALLENGES TO VOTER REGISTRATION APPLICATIONS AND REGISTERED VOTERS
ALTERNATIVE MEANS OF DISPUTE RESOLUTION
Function of the International Court of Justice (ICJ):
Trial before court of session
Introduction to International Commercial Arbitration
Appeal Tutorial Date: Authors: July 2006 Month Year
Introduction to International Commercial Arbitration
Approaches to Witness Evidence in International Arbitration
ALTERNATIVE MEANS OF DISPUTE RESOLUTION
Presentation transcript:

Chartered Institute of Arbitrators East Anglia Branch Summer Seminar 2012 Time Limited Arbitration Christopher Dancaster DipICArb FRICS FCIArb 41 Rowsham Dell Giffard Park Milton Keynes MK14 5JS Christopher Dancaster June 1st 2012

Chartered Institute of Arbitrators East Anglia Branch Summer Seminar 2012 Time Limited Arbitration The SCA 100 day procedure - requirements Arbitrator makes award within 100 days from service of defence (or defence to counterclaim) Outstanding pleadings within 7 days; All further documents within 14 days thereafter; Disclosure of documents within 7 days of request; Hearing not exceeding 10 working days, commence 28 days later; Final submissions within 7 days Award within 30 days of the end of the oral hearing. Award on costs within 28 days Christopher Dancaster June 1st 2012

Chartered Institute of Arbitrators East Anglia Branch Summer Seminar 2012 Time Limited Arbitration The Chartered Institute of Arbitrators Arbitration Rules 2000 – Claim within 28 days of arbitrator's appointment – Defence within 28 days of the receipt of the Particulars of Claim – Counterclaim shall be served with the Defence; – Reply and defence to counterclaim (if any) within 28 days – Reply to Defence to Counterclaim within 14 days – Further pleadings by leave of the Arbitrator only; – No time limit for hearing or Award, and – All is subject to the Arbitrators directions otherwise Christopher Dancaster June 1st 2012

Chartered Institute of Arbitrators East Anglia Branch Summer Seminar 2012 Time Limited Arbitration The Institution of Civil Engineers Arbitration Procedure Rule 14 – Statement of case within 2 working days of the appointment of the arbitrator – Defence within 14 days of receipt of claim – No counterclaim except by way of a separate reference. – 14 days during which the parties may comment on their opponents file and/or add to or deduct from their own file. – Award within 14 days after closure of the files – The Arbitrator may in his sole discretion extend this period of 14 days to visit the site, require further documents or information hold a meeting. – Neither party shall be entitled to a formal hearing unless the Arbitrator gives leave. Christopher Dancaster June 1st 2012

Chartered Institute of Arbitrators East Anglia Branch Summer Seminar 2012 Time Limited Arbitration The Institution of Civil Engineers Arbitration Procedure Rule 15 – 2 working days for Arbitrator to orders a procedural timetable of no longer than 100 days from service of the statement of claim – Claim (if not already served) to be served as soon as possible – Defence 21 working days thereafter (no provision for counterclaim) – Reply 14 working days thereafter – Hearing not exceeding 5 working days to commence not more than 28 days later. Or – Final written submissions within 10 working days from the service of the reply. – Award on the substantive issues within 18 days – Submissions on costs within 5 working days and award within 7 days thereafter. Christopher Dancaster June 1st 2012

Chartered Institute of Arbitrators East Anglia Branch Summer Seminar 2012 Time Limited Arbitration The LMAA Terms Claim within 28 days after appointment of the arbitrator Defence and, if applicable, counterclaim submissions within 28 days. Reply within 14 days unless there is also a counterclaim, then reply and defence within 28 days. Reply to defence to counterclaim within 14 days. Both parties complete the Questionnaire set out in the Third Schedule to the LMAA Terms within 14 days Tribunal then establishes the future procedural course of the reference, Christopher Dancaster June 1st 2012

Chartered Institute of Arbitrators East Anglia Branch Summer Seminar 2012 Time Limited Arbitration The LCIA Arbitration Rules Claim 30 days from appointment of Tribunal Defence and counterclaim (if any) within 30 days Reply and defence to counterclaim within 30 days Reply to counterclaim within 30 days Arbitral Tribunal then proceed in such manner as has been agreed in writing by the parties or pursuant to its authority under these Rules. Christopher Dancaster June 1st 2012

Chartered Institute of Arbitrators East Anglia Branch Summer Seminar 2012 Time Limited Arbitration The International Chamber of Commerce Arbitration Rules The arbitral tribunal shall establish the procedural timetable that it intends to follow for the conduct of the arbitration. and The arbitral tribunal shall proceed within as short a time as possible to establish the facts of the case by all appropriate means. Christopher Dancaster June 1st 2012

Chartered Institute of Arbitrators East Anglia Branch Summer Seminar 2012 Time Limited Arbitration Conclusions ICE rules and SCA procedure only ones with a virtually immovable end date but neither of these has proved popular. Try a new twist. Awards need not be final and binding Act allows this. Arbitration may be more expensive but a there is a lower possibility of mistakes by the tribunal, a safety valve if there are mistakes and a fixed date for the Award if an immovable end date. Parties and adjudicators have got used to working to deadlines. Time to have another look at arbitration and not just for large and complex disputes. Christopher Dancaster June 1st 2012