ICC Commission on Arbitration: Techniques for Controlling Time and Cost in Arbitration Joe Tirado, Baker Botts London Joe Tirado Partner, London office Tuesday, 27 March 2007

Preliminary Procedural Issues: An Overview  Language of the Arbitration (sections 18-19)  Terms of Reference (sections 24-30)  Early Case Management Conference (sections 31-34)  Timetable for the Proceedings (sections 35-42)  Settlement (section 43) 2

Language of the Arbitration  Common sense approach  UNCITRAL Notes on Organizing Arbitral Proceedings  Real Costs  Beware of the "fluent" speaker  Costs may be unavoidable  Non-native speaker  New York Convention, Article IV.2  Allocation of costs 3

Terms of Reference  Summaries of claims and relief sought (sec. 24)  Use of discretion in apportionment of costs (sec. 25)  Empowering chairman on procedural issues (sec. 26)  Administrative Secretary to the arbitral tribunal (sec. 27)  Need for physical meeting (sec. 28)  Counterparts (sec. 29)  Compliance with Article 18(3) (sec. 30) 4

Early Case Management Conference  Timing of CMC (sec. 31)  Proactive case management (secs )  Client Attendance (sec. 34) 5

Timetable for the Proceedings  Compliance with the provisional timetable (sec. 35)  Need for an evidence hearing (sec. 36)  Fixing the evidence hearing date (sec. 37)  Pre-hearing conference (sec. 38)  Use of IT (sec. 39)  Short and realistic time periods (sec. 40)  Bifurcation and partial Awards (sec. 41)  Briefing everyone involved in the case (sec. 42) 6

Settlement  Arbitral tribunal's role in promoting settlement (sec.43)  Arbitration Act 1996, section 33(b)  The CPR as a model  The US experience  CEDR Commission on Settlement in International Arbitration 7

Contact details Joe Tirado, Partner Solicitor-Advocate and CEDR Accredited Mediator London office Trial Department Tel Fax #