College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration - Third Edition
Description:... This third edition of The College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration hasbeen substantially expanded not only to ensure that it is up to date
but, also, to incorporate several new chapters on diverse subjects,
including intratribunal relations, arbitrators’ fees, eDiscovery, and
hybrid arbitration processes.
Summary of New Material
•Twice as long as the second edition
•Substantial revision and expansion of existing chapters
•Four new chapters (Arbitrators Fees & Expenses, eDiscovery, Intratribunal Relations, Hybrid Arbitration Proceedings)
•Updatedto take into account evolving case law and to address newly emerging
issues relating to the management of commercial arbitrations
•Comparative tables regarding certain aspects of in major international rules and international arbitration institution policies
•Revised to take into account:
♦The new 2013 CPR Administered Arbitration Rules
♦The 2013 revisions to the AAA Commercial Rules
♦Various protocols and guidelines relating to domestic commercial arbitration
♦The 2011 revisions to the JAMS International Rules
♦The 2012 revisions to the ICDR Articles
♦The 2010 revisions to the UNCITRAL Rules
♦The 2013 IBA Guidelines on Party Representation in International Arbitration
♦The 2010 revisions to the IBA Rules on the Taking of Evidence in International Arbitration
♦Various protocols and guidelines relating to domestic commercial arbitration
Theaim of the Guide is to identify best practices that arbitrators can
employ to provide users of arbitration with the highest possible
standards of economy and fairness in the disposition of business
disputes. This third edition of the Guide refines the guidance containedin the first and second editions to take into account developing case
law, revised institutional rules, advancements in arbitration techniquesand thinking, and also addresses newly evolving issues such as
electronic discovery.
There are
significant differences in the ways in which arbitrations are conducted
in different substantive fields of commerce and among different
arbitrators in the same field. Techniques that are appropriate and
useful in one case may be quite unsuited to another. For this reason, itis not possible to prescribe a single set of best practices that
commercial arbitrators should invariably follow in every case. Rather,
this Guide attempts to identify the principal issues that typically
arise in each successive stage of an arbitration and to explain the prosand cons of various preferred ways of handling each issue. From this
perspective, the best practice for an arbitrator is to carefully
consider the merits of alternative techniques available for dealing witha particular issue and to then select the technique best suited to the
situation. In addition, the Guide attempts to identify the full array ofpractices available for use in complex arbitrations, which can be
adapted and streamlined for simpler cases.
Formedin 2001, the College of Commercial Arbitrators is a non-profit
organization composed of prominent, experienced commercial arbitrators
who believe that a national association of commercial arbitrators can
provide a meaningful contribution to the profession, to the public, and
to the businesses and lawyers who depend on arbitration as a primary
means of dispute resolution. Its mission includes promoting
professionalism and high ethical practice in commercial arbitration,
adopting and maintaining standards of conduct, providing peer training
and professional development, and developing and publishing "best
practices" materials. This work is the College's principal vehicle for
fulfilling several aspects of its mission. Many seasoned and
knowledgeable practitioners generously contributed their time and
insights to the creation of this Guide.
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