Course 2019
Arbitration Rules in Practice
| Lecturers | February 26 – March 2 |
The course will take place from Tuesday, February 26, to Saturday, March 2, 2019.
Following a keynote speech on Tuesday, participants will enjoy two days of interactive classes (eight modules à two hours).
The course will mirror the structure of an (administered) arbitration and will discuss salient issues of international arbitration, in particular practical problems that might be encountered frequently. Throughout the course, the focus will lie on institutional arbitration proceedings. The last session on Thursday will consist of a mock organizational hearing. For successful completion of the course, participants will thereafter be asked to draft a Procedural Order No 1.
On Friday and Saturday, all participants will attend the Vienna Arbitration Days, the leading arbitration conference in Austria (registration fee included).
The course will cover the following topics:
- Introduction: Elisabeth Vanas-Metzler; Paul Oberhammer
- Difference between ad hoc and institutional arbitration (advantages, disadvantages)
- The Arbitration Agreement + Constitution of the Arbitral Tribunal: Valentina Wong
- The arbitration agreement in institutional arbitration including pre-scrutiny of the arbitration agreement
- Constitution of the Arbitral Tribunal:
- Personal Qualities of the arbitrators
- Number of arbitrators
- Appointment of arbitrators
- Challenge of arbitrators
- Organization of Proceedings: Eliane Fischer; Günther J. Horvath
- This session focuses on the corner stones of the proceedings: the terms of reference, the specific procedural rules and the procedural timetable. We will look at best practices for ensuring smooth and efficient proceedings and at the many ways in which proceedings are derailed in practice.
- Need for time and cost efficiency of the proceedings
- Best practices and common stepping stones
- The cornerstones of the arbitral proceedings: terms of reference, specific procedural rules and procedural timetable
- Case Management Conference
- Fast-track proceedings
- Bifurcation and partial awards
- Role of the administrative secretary
- This session focuses on the corner stones of the proceedings: the terms of reference, the specific procedural rules and the procedural timetable. We will look at best practices for ensuring smooth and efficient proceedings and at the many ways in which proceedings are derailed in practice.
- The Arbitral Award + Costs: Christian W. Konrad; Friederike Schäfer
- Incl scrutiny, elements of an award, drafting, cost considerations
- Effects of an award
- Drafting of an award (including counsel’s perspective)
- Phrasing requests / dispositive section
- Structure / elements of an award
- Scrutiny
- Cost considerations
- Fixing of costs
- Incl scrutiny, elements of an award, drafting, cost considerations
- Multiparty Arbitration: Stefan Kröll; Patricia Shaughnessy
- The Arbitral Tribunal’s management of multi-party arbitration, including ensuring procedural due process resulting in an enforceable award.
- Evidence: Werner Jahnel; Andrea Meier
- Means of evidence
- Burden of proof
- IBA Rules on the Taking of Evidence in International Arbitration 2010 (in particular: Articles 3 and 9)
- Requests for document production:
- Purpose and basis of document production
- Should document production be proposed by the arbitral tribunal?
- At what stage of the proceedings shall document production take place?
- Use of Redfern Schedules
- Alternatives to Redfern Schedules
- Do’s and Don’ts for document production
- The Hearing in Practice: Karl Pörnbacher; Inken Knief
- How to structure a hearing in practice
- Mock Organizational Hearing: N.N.
- To provide details on how to structure PO1 followed by a mock organizational hearing
Participants who, following the Mock Organizational Hearing, hand in a draft of a Procedural Order No 1, will receive the University of Vienna-Austrian Arbitration Academy-VIAC practice diploma.