The aim 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 second edition of the Guide refines the guidance contained in the first edition to take into account developing case law, revised institutional rules, advancements in arbitration techniques and 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, it is 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 pros and 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 with a particular issue and to then select the technique best suited to the situation. In addition, the Guide attempts to identify the full array of practices available for use in complex arbitrations, which can be adapted and streamlined for simpler cases. Formed in 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.

The College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration - 2nd Edition

James M. Gaitis

Editor-in-Chief

Curtis E. von Kahn & Robert W. Wachsmuth

EDITORS

Law Practice

Juris

This third edition of The College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration has been 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 &amp; Expenses, eDiscovery, Intratribunal Relations, Hybrid Arbitration Proceedings) Updated to 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 The third edition has been 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

College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration - 3rd Edition

Carl F. Ingwalson Jr.

Vivien B. Shelanski

JurisNet, LLC.

The Leading Practitioners' Guide to International Oil & Gas Arbitration is an essential resource for anyone--whether they be academics, students, attorneys, arbitrators, business people, or government representatives--interested in the history of, and the current state of affairs in, the field of international oil and gas arbitration. This treatise, which has been authored by some of the world's most prominent authorities involved in investor-state arbitrations and commercial arbitrations involving the oil & gas industry, is designed to provide a substantial understanding of the many issues that can arise in the arbitration of international oil and gas disputes. Distinct features of the work include (1) several chapters providing historical context relevant to international oil & gas arbitration, (2) separate chapters addressing various considerations relating to investment treaty protections (e.g., fair & equitable treatment, stabilization, damages for expropriation) that arise in investor-state oil and gas arbitrations, (3) a number of chapters concerning the Energy Charter Treaty, the Yukos case, and evolving EU policy relating to investor-state arbitration, and (4) several chapters addressing unique forms of commercial oil and gas disputes (e.g., relating to price reopeners, hardship, LNG, concession agreements, drilling and service contracts, and joint operating agreements, and oil & gas arbitrations under Brazil s new oil & gas regime). A variety of procedural and process issues relating to oil and gas arbitrations also addressed by this comprehensive work include: --Interim and Emergency Relief in Oil & Gas Arbitrations --Examination of Witnesses in Oil & Gas Arbitrations --Drafting of Pre-dispute Arbitration Clauses for Oil & Gas Contracts --Drafting Post-dispute Submission Agreements for Commercial Oil & Gas Arbitrations --Selection of Arbitrators for Oil & Gas Arbitrations --Chairing Commercial Oil & Gas Arbitration Proceedings --The Mediation of Commercial Oil & Gas Disputes The work also includes a highly useful section concerning where and how informational and legal resources relating to, or useful in, international oil and gas arbitrations may be found. The global nature of the subject matter found in The Leading Practitioners Guide to International Oil & Gas Arbitration relates directly and indirectly to every region of the world and should be of great use to any professional, firm, or institution with interests relating to the oil and gas sector, or for that matter the general energy industry.

Leading Practitioners' Guide to International Oil & Gas Arbitration

Editor)

Reference

The Most Authoritative and Up-to-Date Practical Guide for Arbitrators and Advocates 
 The revised, updated, and expanded fourth edition of The College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration provides practical guidance on conducting U.S-based commercial arbitrations and international arbitrations throughout the world. More than 70 prominent arbitrators share their expertise. It takes into account new and revised institutional rules, case law, and legislation affecting commercial arbitration, and expands the discussion of the issues arbitrators confront on a daily basis. 
 The past four years have witnessed dramatic developments in the field of commercial arbitration. Arbitration law continues to evolve at a rapid pace, and ever-increasing numbers of experienced lawyers and other professionals aspire to become arbitrators and to serve in that capacity in the many high-profile arbitrations that have become routine. Contemporaneously, various professional organizations have strived to develop standards, protocols, and guidance to be considered both by professional arbitrators and by parties and advocates involved in arbitration proceedings. Moreover, the increased use of commercial arbitration in international commercial transactions, and the fact that many experienced international arbitrators now reside or practice in the United States, has ensured that the United States will serve as a viable situs for the conduct of such international arbitrations in the years to come. 
 Given these developments, further revisions to the Best Practices Guide were once again warranted and are based on the best guidance available from the nation s leading organization of commercial arbitrators. This fourth edition also for the first time provides in-depth analyses of a variety of additional topics, including the use of third-party summons, issues unique to construction arbitration, and emergency arbitrators. The fourth edition also contains two new appendices respectively relating to the use of social media by arbitrators and security of arbitrators ESI. 
 The Fourth Edition features: A groundbreaking analysis of arbitrability issues and how arbitrators should address them Enhanced discussion of how to address a party s failure to pay for arbitrator and institutional fees and expenses A new chapter on the complex legal and practical issues of summoning nonparty witnesses Discussion of the latest eDiscovery developments in commercial arbitrations Checklists and updated guidance on the conduct of preliminary conferences and hearings on the merits Exposition of the legal requirements of reasoned awards A new chapter on emergency arbitrators and emergency arbitral proceedings A new chapter on unique issues in construction arbitration An expanded discussion of international arbitration, with six current charts addressing the rules of the leading international arbitral institutions in North America, Europe, Asia, and the Middle East 
 The Fourth Edition of The College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration continues to be an indispensable for all who work in commercial arbitration.

The College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration, Fourth Edition

A. Holt Gwyn

Laura A. Kaster

John J. McCauley

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