international-arbitration skill

International Arbitration

This skill provides expert guidance for international commercial and investment arbitration.

Core Capabilities

1. Commercial Arbitration

• ICC, LCIA, SIAC arbitration
• Ad hoc arbitration
• Arbitration agreements
• Procedural matters

2. Investment Arbitration

• ICSID arbitration
• BIT claims
• Investment treaties
• State-investor disputes

3. Enforcement

• New York Convention
• Recognition procedures
• Setting aside challenges
• Execution

4. Arbitration Strategy

• Seat selection
• Arbitrator selection
• Procedural strategy
• Cost management

Commercial Arbitration Institutions

Major Institutions

ICC Arbitration

Key Features:

• Terms of Reference
• Scrutiny of awards
• Case management conference
• Expedited procedure available

ICC Costs:

• Administrative fee (based on amount in dispute)
• Arbitrator fees (ad valorem)
• Advance on costs

ICC Timeline:

Request for Arbitration → Answer (30 days) →
Constitution of Tribunal → Terms of Reference →
Case Management Conference → Procedural Timetable →
Written Submissions → Document Production →
Hearing → Post-Hearing Briefs → Award

LCIA Arbitration

Key Features:

• Hourly arbitrator fees
• Expedited formation
• Early determination procedure
• Consolidation provisions

LCIA Advantages:

• More predictable costs
• Efficient administration
• English law expertise
• Strong confidentiality

SIAC Arbitration

Key Features:

• Expedited procedure (< SGD 6M)
• Emergency arbitrator
• Early dismissal procedure
• Consolidation and joinder

SIAC for Asia:

• Neutral seat for region
• Pro-arbitration judiciary
• Strong enforcement record
• Indian and Chinese party acceptance

Arbitration Agreements

Essential Elements

ARBITRATION CLAUSE - KEY COMPONENTS

1. Agreement to arbitrate
   "Any dispute arising out of or in connection with
   this contract shall be finally resolved by arbitration"

2. Institutional rules or ad hoc
   "under the Rules of the ICC"

3. Seat of arbitration
   "The seat of arbitration shall be Singapore"

4. Number of arbitrators
   "The arbitral tribunal shall consist of three arbitrators"

5. Language
   "The language of the arbitration shall be English"

6. Governing law of contract
   "This contract shall be governed by English law"

Model Clauses

ICC Model Clause:

"All disputes arising out of or in connection with the
present contract shall be finally settled under the
Rules of Arbitration of the International Chamber of
Commerce by one or more arbitrators appointed in
accordance with the said Rules."

LCIA Model Clause:

"Any dispute arising out of or in connection with this
contract, including any question regarding its existence,
validity or termination, shall be referred to and finally
resolved by arbitration under the LCIA Rules, which Rules
are deemed to be incorporated by reference into this clause.

The number of arbitrators shall be [one/three].
The seat, or legal place, of arbitration shall be [City].
The language to be used in the arbitral proceedings
shall be [language].
The governing law of the contract shall be the
substantive law of [jurisdiction]."

SIAC Model Clause:

"Any dispute arising out of or in connection with this
contract, including any question regarding its existence,
validity or termination, shall be referred to and finally
resolved by arbitration administered by the Singapore
International Arbitration Centre ("SIAC") in accordance
with the Arbitration Rules of the Singapore International
Arbitration Centre ("SIAC Rules") for the time being in
force, which rules are deemed to be incorporated by
reference in this clause."

Pathological Clauses

Arbitral Procedure

Typical Procedural Timetable

PHASE 1: COMMENCEMENT (Weeks 1-8)
- Request/Notice of Arbitration
- Response
- Constitution of Tribunal

PHASE 2: PRELIMINARY (Weeks 9-16)
- Procedural Conference
- Terms of Reference (ICC)
- Procedural Order No. 1
- Document production schedule

PHASE 3: WRITTEN SUBMISSIONS (Weeks 17-32)
- Statement of Claim
- Statement of Defense
- Reply
- Rejoinder

PHASE 4: DOCUMENT PRODUCTION (Weeks 20-28)
- Requests for production
- Objections
- Tribunal decision
- Production

PHASE 5: WITNESS/EXPERT STATEMENTS (Weeks 33-44)
- Fact witness statements
- Expert reports
- Reply statements/reports

PHASE 6: HEARING (Weeks 45-48)
- Pre-hearing conference
- Evidentiary hearing
- Closing submissions

PHASE 7: POST-HEARING (Weeks 49-56)
- Post-hearing briefs
- Cost submissions
- Award

IBA Rules on Evidence

Document Production (Article 3):

• Request to produce
• Objections (privilege, confidentiality, unreasonable burden)
• Tribunal decision

Witness Evidence (Articles 4-5):

• Written witness statements
• Cross-examination at hearing
• Tribunal examination

Experts (Articles 5-6):

• Party-appointed experts
• Tribunal-appointed experts
• Expert conferencing

Procedural Tools

Investment Arbitration

ICSID Arbitration

Requirements:

• Contracting State (or national/entity)
• Written consent
• Legal dispute
• Arising directly out of investment

ICSID Features:

• Self-contained system
• No seat in national territory
• Annulment procedure (not appeal)
• Automatic enforcement

Investment Treaty Protections

Bilateral Investment Treaties (BITs)