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Getting Started - Chapter 5 - Handbook on International Commercial Arbitration

Author(s): 
Peter Ashford
Page Count: 
2 pages
Media Description: 
PDF from "Handbook on International Commercial Arbitration"
Published: 
October, 2009
Jurisdictions: 
International
Practice Areas: 
Commercial Disputes,
Arbitral Process
Author Detail: 

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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Description: 

Originally from Handbook on International Commercial Arbitration

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A. Preliminaries before Getting Started

International commercial arbitration is an established method of dispute resolution in the international business community. To those involved with such arbitrations on a regular basis, there are established methods of working within the broad flexibility of the various institutional rules and still more so in ad hoc arbitrations. To the novice, it might appear that there are nuances and procedures that are obscure and opaque.

In practice, although not an area the uninitiated should venture without proper research and representation, the international arbitration community is both friendly and supportive. Although arbitrators are not there to protect parties from themselves, they will usually seek to steer the novice in the right direction.

When presented with a dispute, there are a number of preliminary matters such as the identification of the proper law and the seat of the arbitration that must be addressed from the outset.