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ICC Commission on Arbitration: Techniques for Controlling Time and Cost in Arbitration

ICC Commission on Arbitration: Techniques for Controlling Time and Cost in Arbitration. Joe Tirado Partner, London office Tuesday, 27 March 2007. Joe Tirado, Baker Botts London. Preliminary Procedural Issues: An Overview. Language of the Arbitration (sections 18-19)

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ICC Commission on Arbitration: Techniques for Controlling Time and Cost in Arbitration

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

  2. 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

  3. 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

  4. 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

  5. Early Case Management Conference • Timing of CMC (sec. 31) • Proactive case management (secs. 32-33) • Client Attendance (sec. 34) 5

  6. 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

  7. 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

  8. Joe Tirado, Partner Solicitor-Advocate and CEDR Accredited Mediator London office Trial Department Tel +44 20 7726 3476 Fax +44 20 7726 3576 joe.tirado@bakerbotts.com Contact details 8 #42684

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