Effective Management of Arbitration – A Guide for In-House Counsel and Other Party Representatives
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Arbitration & ADR Commission
The purpose of this guide is to provide in-house counsel and other party representatives, such as managers and government officials, with a practical toolkit for making decisions on how to conduct an arbitration in a time- and cost-effective manner, having regard to the complexity and value of the dispute. The guide can also assist outside counsel in working with party representatives to that effect.
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Reflecting the ICC’s continuing efforts to provide arbitration users with means to ensure that arbitral roceedings are conducted effectively, the guide focuses on time and cost issues in the management of arbitration. While strategic considerations are of great importance in any arbitration and will have a significant impact on its management, they tend to be case-specific and are beyond the scope of this guide.
While the guide was conceived with the ICC Rules of Arbitration in mind, most of its contents, as well as the dynamic generated by it, can be used in any arbitration. The guide can be useful for both large and small cases.
CASE MANAGEMENT CONFERENCE
1. Request for Arbitration
2. Answer and Counterclaims
3. Multiparty Arbitration
4. Early Determination of Issues
5. Rounds of Written Submissions
6. Document Production
7. Need for Fact Witnesses
8. Fact Witness Statements
9. Expert Witnesses (pre-hearing issues)
10. Hearing on the Merits (including witness issues)
11. Post-Hearing Briefs