Procedural Issues in International Investment Arbitration

Procedural Issues in International Investment Arbitration

by Jeffery Commission, Rahim Moloo

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Product Details

ISBN-13: 9780198729037
Publisher: Oxford University Press
Publication date: 05/22/2018
Series: Oxford International Arbitration Series
Pages: 368
Product dimensions: 9.80(w) x 6.90(h) x 1.20(d)

About the Author

Jeffery Commission, Director, Burford Capital and Rahim Moloo, Partner, Gibson, Dunn & Crutcher LLP

Jeffery Commission has particular expertise in international dispute settlement, including commercial arbitration and investment arbitration. He has acted as counsel in arbitration cases under the ICSID, ICSID (AF), UNCITRAL, ICC, LCIA, NAI and ICDR rules and also has extensive experience in advising on public international law and international dispute resolution issues, including treaty drafting and interpretation, the law of state responsibility, international investment law, and designing international arbitration and forum selection agreements.

Rahim Moloo is a partner in the New York office of Gibson, Dunn & Crutcher and is a member of the firm's International Arbitration Practice Group. Rahim has extensive experience in international commercial and investor-state arbitrations and arbitration-related litigation. He is an adjunct professor at Columbia Law School, where he teaches an advanced course on international arbitration, and has been co-chair of the American Branch of the International Law Association's Committee on Disputes Involving States.

Table of Contents

Introduction
1. The Law Applicable to Procedural Issues
2. The First Procedural Order
3. Provisional Measures
4. Challenges to Arbitrators, Counsel, and Experts
5. The Splitting of Issues for Separate Determination (Bifurcation/Trifurcation)
6. Non-disputing Party Participation and Transparency
7. Evidentiary Issues
8. Hearing Procedures
9. Other Procedures
10. Statements or Submissions on Costs
11. Post-Award Applications
Appendices
1. Draft Procedural Order No. 1
2. Decisions on Provisional Measures Requests in ICSID and UNCITRAL Arbitrations
3A. Decisions on Challenges to Arbitrators in ICSID Arbitrations
3B. Challenges to Arbitrators in UNCITRAL Arbitrations
3C. Challenges to Experts and Counsel in ICSID Arbitrations
4. Decisions and Orders on Bifurcation Requests in ICSID, ICSID Additional Facility, and UNCITRAL Arbitrations
5A. Non- Disputing Party Participation in ICSID Arbitrations
5B. Non- Disputing Party Participation in UNCITRAL Arbitrations
5C. Non- Disputing State Party Participation in ICSID and UNCITRAL Arbitrations
6. Extract of Procedural Order Dealing with Evidentiary Matters
7. Redfern Schedule
8A. Decisions on Place of Arbitration in ICSID Additional Facility and UNCITRAL Arbitrations
8B. Decisions on Manifest Lack of Legal Merit Applications in ICSID and ICSID Additional Facility Arbitrations
8C. Site Visits in ICSID and UNCITRAL Arbitrations
8D. Tribunal Experts in ICSID and UNCITRAL Arbitrations
8E. Applications for Reconsideration in ICSID and UNCITRAL Arbitrations
9A. Costs in ICSID and ICSID Additional Facility Arbitrations
9B. Costs in ICSID Annulment Proceedings
9C. Costs in UNCITRAL Arbitrations
10A. Rectification / Correction in ICSID and ICSID Additional Facility Arbitrations
10B. Supplementary Decisions in ICSID and ICSID Additional Facility Arbitrations
10C. Interpretation in ICSID and ICSID Additional Facility Arbitrations
10D. Revision in ICSID Convention Arbitrations
10E. Stays of Enforcement in ICSID Annulment Proceedings

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