Appendices 1-40 - Handbook on International Commercial Arbitration

Peter Ashford is Solicitor of the Supreme Court and a Partner at Cripps Harries Hall LLP and is Head of the firm's Commercial Peter Ashford is a Partner and Head of commercial dispute resolution in the leading United Kingdom Firm of Cripps Harries Hall LLP, Tunbridge Wells, United Kingdom. Mr. Ashford advises on a wide range of commercial disputes with a particular emphasis on substantial commercial contract disputes, especially those involving an international aspect, partnership and LLP disputes, professional issues for solicitors and professional negligence. He is particularly experienced in complex, high value claims and acts for many international clients. He handles disputes in court, arbitration, mediation and disputes without any formal process. Mr. Ashford received his training in London and qualified in 1986. He joined Cripps Harries Hall LLP in 1987 and became a partner in 1991.

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Originally from Handbook on International Commercial Arbitration

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APPENDIX 1
LAWS OF THE ARBITRATION

Lex Arbitri – the law governing the arbitral proceedings – usually the law of the country of the place or “seat” of the arbitration – essentially the same as the lex fori

Lex Causae – the law governing the cause or question to be determined, it can be more specifically referred to as:

lex domicilii – law of domicile
lex patriae – law of nationality
lex locus contractus – law of country where contract is made
lex loci solutionis – law of country where contract is to be performed
lex loci deliciti – law of country where a tort is committed
lex situs – law of the country where the thing is situated
lex loci actus – law of the country where a legal act takes place
lex monetae – law of the country in whose currency a debt or other
obligation is expressed

Lex Fori – the domestic law of the forum

Applicable Law – see Substantive Law

Curial Law – the law governing the conduct of the specific reference

Governing Law – see Substantive Law

Substantive Law – the law governing the substantive issues in dispute

Proper Law of the Contract - see Substantive Law

Table of Contents:

Appendix 1
Laws of the Arbitration

Appendix 2
Sample Formal Parts of Award on Non-Compliance with Condition Precedent

Appendix 3
Sample Request for Arbitration

Appendix 4
Sample Answer to Request

Appendix 5
Sample Joint Letter to Potential Chairman from Counsel to Parties

Appendix 6
Sample Agenda for First Meeting

Appendix 7
Sample Terms of Reference

Appendix 8
Sample List of Issues

Appendix 9
Sample Letter for the Appointment of a Secretary

Appendix 10
Sample Order for Limiting Written Pleadings

Appendix 11
Sample Responsive and Amalgamated Defence with Claim

Appendix 12
Sample Letter of Application to Tribunal for Various Orders (Including Discovery)

Appendix 13
Sample Order for Full Discovery

Appendix 14
Sample Order for Reduced Discovery

Appendix 15
Sample Order for Limited Discovery — Only Documents Relied Upon

Appendix 16
Sample Order for Limiting Discovery

Appendix 17
Table Comparing Disclosure under Various Arbitration Models

Appendix 18
Sample Procedural Order for Discovery Disputes

Appendix 19
Sample Order Stating Chairman’s Role in Deciding Discovery Disputes

Appendix 20
Sample Order for Disclosure of Information that May Contain Personal Data

Appendix 21
Sample Order Governing Treatment of Foreign Languages and Translations

Appendix 22
Sample Order Governing Treatment of Electronic Documents

Appendix 23
Sample Order Governing Treatment of Bundles

Appendix 24
Sample Order Permitting Expert Evidence

Appendix 25
Sample Declaration by Expert

Appendix 26
Checklist of Key Components of an Award

Appendix 27
Sample Consent Award

Appendix 28
Sample Costs Capping Order

Appendix 29
Types of Costs Orders

Appendix 30
Sample Orders for Security for Costs

Appendix 31
Sample "Sealed Offer"

Appendix 32
UNCITRAL Model Law on International Commercial Arbitration

Appendix 33
ICC Rules of Arbitration

Appendix 34
LCIA Arbitration Rules

Appendix 35
AAA-ICDR Dispute Resolution Procedures

Appendix 36
UNCITRAL Arbitration Rules

Appendix 37
UNCITRAL Notes on Organizing Arbitral Proceedings

Appendix 38
IBA Rules on the Taking of Evidence in International Commercial Arbitration

Appendix39
IBA Guidelines on Conflicts of Interest in International Arbitration

Appendix40
Contact Information for Various International Arbitral Institutions

Table of Cases

Index