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 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.

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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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)