1. Vis International Commercial Arbitration Moot

2. 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]

3. 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

4. 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)

5. Issues that Arise in Arbitration: Arbitration Agreements
The Vis Moot Arbitration Agreement
Art 21:
All disputes shall be settled amicably and in good faith between the parties. If no agreement can be reached each party has the right to initiate arbitration proceedings within 60 days after the failure of the negotiation to have the dispute decided by an arbitrator. The arbitration shall be conducted under the Rules of the Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada (“CAM-CCBC”) and in line with international arbitration practice.
The Arbitral Tribunal shall consist of three arbitrators, appointed in accordance with the Rules of CAM-CCBC. The Parties may select arbitrators who are not on the List of Arbitrators maintained by CAM-CCBC. The President of the Arbitral Tribunal shall be appointed by the President of CAM-CCBC.

6. 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

7. 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

8. 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

9. 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)