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Planning Efficient Proceedings, The Law Applicable in International Arbitration X, Vienna, 1994

Planning Efficient Proceedings, The Law Applicable in International Arbitration X, Vienna, 1994



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International arbitrators face a challenge: to improve the efficiency and predictability of arbitration proceedings. In this volume of ICCA's Congress Series, international experts and practitioners in the field of arbitration put forward answers to this challenge.

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.

Last Updated 04/01/1996
Update Frequency Annually
Product Line Kluwer Law International
ISBN 9789041102249
SKU 10058950-0001
Table of Contents
      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
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