International commercial arbitration

Introduction

This tutorial provides a comprehensive overview of key concepts in international commercial arbitration, as discussed in Dr. Yannis' podcast. It is designed for law students at both undergraduate and postgraduate levels, as well as those preparing for the SQE Dispute Resolution exam. The guide will cover essential topics such as arbitration types, clause drafting, and the roles and responsibilities of arbitrators.

Step 1: Understand Exam Topics in Arbitration

• Familiarize yourself with the primary topics related to international commercial arbitration that are commonly tested in exams.
• Key areas to focus on include:
  • The definition and significance of arbitration.
  • The differences between ad hoc and institutional arbitration.
  • The interplay between arbitration and human rights.

Step 2: Distinguish Between Ad Hoc and Institutional Arbitration

• Ad Hoc Arbitration
  • Arranged by the parties involved without a permanent institution.
  • Offers flexibility in procedure but requires more effort in organization.
• Institutional Arbitration
  • Managed by established arbitration institutions (e.g., ICC, LCIA).
  • Provides structured rules and administrative support, which can simplify the process.

Step 3: Drafting Arbitration Clauses

• Ensure your arbitration clause is clear and comprehensive. Consider the following points:
  • Specify the governing law.
  • Identify the seat of arbitration (the legal jurisdiction).
  • Determine the number of arbitrators and their selection process.
  • Include provisions for confidentiality and the rules governing the arbitration.

Step 4: Analyze an Arbitration Clause

• Review sample arbitration clauses to understand their components and effectiveness.
• Key elements to analyze include:
  • Clarity of language and terms used.
  • Completeness in covering all necessary aspects of arbitration.
  • Compliance with applicable legal standards.

Step 5: Understand the Duties and Obligations of Arbitrators

• Arbitrators must uphold principles such as:
  • Impartiality and independence.
  • Duty to disclose any potential conflicts of interest.
  • Ensuring fair treatment of both parties during the arbitration process.

Step 6: Learn About Challenges to Arbitrators

• Understand the grounds on which arbitrators can be challenged:
  • Lack of independence or impartiality.
  • Failure to disclose relevant information.
• Familiarize yourself with the procedures for raising such challenges.

Step 7: Explore State Parties in Arbitration

• Recognize the role of state parties in arbitration, particularly in international contexts.
• Understand how state immunity and public policy can affect arbitration outcomes.

Step 8: Examine Investor-State Arbitration

• Investor-State arbitration involves disputes between foreign investors and host states.
• Key aspects to consider:
  • Treaties and agreements that facilitate these arbitrations (e.g., BITs).
  • The implications of state regulatory measures on foreign investments.

Conclusion

This guide outlines the fundamental aspects of international commercial arbitration, providing a structured approach to studying for related exams. Focus on understanding the distinctions between arbitration types, drafting effective clauses, and the roles of arbitrators. As you prepare, consider applying these principles to real-world scenarios to deepen your comprehension and practical skills in the field of arbitration.