Planning Efficient Proceedings, The Law Applicable in International Arbitration X, Vienna, 1994
For coherence, the organizers of ICCA's 12th International Arbitration Congress, held in Vienna in November 1994, divided the forum into two working groups: `Planning Efficient Arbitration Proceedings' and `The Law Applicable in International Arbitration'.
Group I focused on the arbitrator's ability to plan proceedings, using various formal and informal methods. UNCITRAL Draft Guidelines--which provide arbitrators with a written reminder of items to cover while planning proceedings--received particular attention. During debate, proponents emphasized the `optional' character of the guidelines to allay fears that more efficiency would reduce the ability to solve disputes flexibly.
Group II addressed the complications arbitral tribunals may encounter when different law applies to the substance of a dispute and to the procedure itself. This group also turned to three other relevant systems of law: the law governing the capacity of the parties, the law applicable to the arbitration agreement, and the appropriate conflicts-of-law rules to determine the governing substantive law.
Both groups reported a desire for a more standardized and international approach to arbitration proceedings and emphasized the need to prevent parochial national preference from creating unnecessary obstructions.
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- Working Group I: Planning Efficient Arbitration Proceedings
Foreword; H.M. Holtzmann, I. Szász
Summary; H.M. Holtzmann
Reports: Power of Arbitrators to Determine Procedures under Various Arbitration Laws and Rules
Possible Methods of Increasing Efficiency
Improving the Presentation of Evidence
Discussion of the UNCITRAL Project for Improving Planning of Arbitral Proceedings
List of Oral Interventions to Working Group I
Panel Discussion: Practical Experience and Solutions in Planning Arbitral Proceedings
Working Group II: The Law Applicable in International Arbitration
Introduction; K.-H. Böckstiegel
Reports: The Law Applicable in International Arbitration: Preliminary Issues
The Law Governing the Procedure
Methods Used to Determine the Applicable Substantive Law in the Practice of Arbitration
Special Features of the Application of Particular Laws Relevant for the Practice of Arbitration
Application of Rules Beyond National Law
List of Oral Interventions to Working Group II
List of Participants
List of ICCA Officers and Members