Procedure and Evidence in International Arbitration
By: Jeffrey Waincymer
About This Book
Central to the book's purpose is the procedural challenge facing arbitrators at each and every stage of the arbitral process when fairness arguments conflict with efficiency concerns and trade-offs must be determined. Some key themes include how can a tribunal be fair, and in particular be neutral, if parties are so diverse? How can arbitration be made efficient and cost-effective without undue inroads into fairness and accuracy? How does a tribunal do what is best if the parties are choosing a suboptimal process? When can or must an arbitrator ignore procedural choices made by the parties? The author thoroughly evaluates competing arguments and adds his own practical tips, expertly synthesizing and engaging with the conference literature and differing authors' views. He identifies criteria that offer a harmonized approach to each stage of the arbitral process, with particular attention to such aspects of international arbitration as: appropriate trade-offs between flexibility and certainty; the rights, duties and powers of arbitrators; appointment and challenge of arbitrators; responses to 'guerilla' tactics; drafting of arbitration agreements, including specialty clauses; drafting of required commencement notices and response documents; set-off; fast track arbitration and other efficiency options; strategic use of preliminary conferences and timetabling; online arbitration; multi-party, multi-contract, class arbitration; amicus and third party funders; pre-arbitral referees and interim relief; witness evidence, both factual and expert; documentary evidence, production obligations, and challenges to production; identifying applicable law; and remedies and costs.
AI Overview
Overview of "Procedure and Evidence in International Arbitration" by Jeffrey Waincymer
Author and Background
- Author: Jeffrey Waincymer, a Professor of Law at Monash University in Melbourne, Australia, and a legal practitioner specializing in international trade, investment, and arbitration.
Publication Details
- Publisher: Wolters Kluwer
- Publication Date: 2012
- Pages: 1348 pages
- Chapters: 16 chapters
Key Themes
- Procedural Challenges: The book focuses on the procedural challenges facing arbitrators at each stage of the arbitral process, particularly when fairness arguments conflict with procedural rules.
- Evidence in Arbitration: It provides a comprehensive guide to the handling of evidence in international arbitration, covering topics such as the exchange of documents, the filing of motions, and the holding of hearings.
- International Arbitration Milestones: The book outlines the key milestones in international arbitration, including the appointment of a tribunal, the setting of a procedural timetable, and the making of an award.
Plot Summary
The book is not a narrative but a treatise on the procedural aspects of international arbitration. It delves into the intricacies of arbitration procedures, offering detailed analysis and guidance on how to navigate the complexities of international arbitration. The text is structured to provide a thorough understanding of the procedural steps involved in arbitration, from the initial stages to the final award.
Critical Reception
- Academic Review: The book has been praised for its comprehensive and well-researched analysis. It is considered an essential resource for both arbitration practitioners and academics due to its detailed coverage of procedural issues in international arbitration.
- Book Review: A review in "Arbitration: The International Journal of Arbitration, Mediation and Dispute Management" noted that the book is more than a survey; it provides a guide through the uncertain land of international arbitration, insisting on identifying and addressing procedural challenges.
In summary, "Procedure and Evidence in International Arbitration" by Jeffrey Waincymer is a seminal work that offers a detailed and insightful exploration of the procedural aspects of international arbitration. It is highly regarded for its thorough analysis and practical guidance, making it a valuable resource for anyone involved in international arbitration.