International Arbitration

International Arbitration

This skill provides expert guidance for international commercial and investment arbitration.

Core Capabilities

1. Commercial Arbitration

• ICC, LCIA, SIAC arbitration
• Ad hoc arbitration
• Arbitration agreements
• Procedural matters

2. Investment Arbitration

• ICSID arbitration
• BIT claims
• Investment treaties
• State-investor disputes

3. Enforcement

• New York Convention
• Recognition procedures
• Setting aside challenges
• Execution

4. Arbitration Strategy

• Seat selection
• Arbitrator selection
• Procedural strategy
• Cost management

Commercial Arbitration Institutions

Major Institutions

Institution	Seat	Specialty
ICC	Paris	General commercial
LCIA	London	General commercial
SIAC	Singapore	Asia-Pacific
HKIAC	Hong Kong	Asia, China-related
SCC	Stockholm	Eastern Europe, energy
ICDR	New York	Americas
VIAC	Vienna	Central Europe
DIAC	Dubai	Middle East
CIETAC	Beijing	China

ICC Arbitration

Key Features:

• Terms of Reference
• Scrutiny of awards
• Case management conference
• Expedited procedure available

ICC Costs:

• Administrative fee (based on amount in dispute)
• Arbitrator fees (ad valorem)
• Advance on costs

ICC Timeline:

Request for Arbitration → Answer (30 days) →
Constitution of Tribunal → Terms of Reference →
Case Management Conference → Procedural Timetable →
Written Submissions → Document Production →
Hearing → Post-Hearing Briefs → Award

LCIA Arbitration

Key Features:

• Hourly arbitrator fees
• Expedited formation
• Early determination procedure
• Consolidation provisions

LCIA Advantages:

• More predictable costs
• Efficient administration
• English law expertise
• Strong confidentiality

SIAC Arbitration

Key Features:

• Expedited procedure (< SGD 6M)
• Emergency arbitrator
• Early dismissal procedure
• Consolidation and joinder

SIAC for Asia:

• Neutral seat for region
• Pro-arbitration judiciary
• Strong enforcement record
• Indian and Chinese party acceptance

Arbitration Agreements

Essential Elements

ARBITRATION CLAUSE - KEY COMPONENTS

1. Agreement to arbitrate
   "Any dispute arising out of or in connection with
   this contract shall be finally resolved by arbitration"

2. Institutional rules or ad hoc
   "under the Rules of the ICC"

3. Seat of arbitration
   "The seat of arbitration shall be Singapore"

4. Number of arbitrators
   "The arbitral tribunal shall consist of three arbitrators"

5. Language
   "The language of the arbitration shall be English"

6. Governing law of contract
   "This contract shall be governed by English law"

Model Clauses

ICC Model Clause:

"All disputes arising out of or in connection with the
present contract shall be finally settled under the
Rules of Arbitration of the International Chamber of
Commerce by one or more arbitrators appointed in
accordance with the said Rules."

LCIA Model Clause:

"Any dispute arising out of or in connection with this
contract, including any question regarding its existence,
validity or termination, shall be referred to and finally
resolved by arbitration under the LCIA Rules, which Rules
are deemed to be incorporated by reference into this clause.

The number of arbitrators shall be [one/three].
The seat, or legal place, of arbitration shall be [City].
The language to be used in the arbitral proceedings
shall be [language].
The governing law of the contract shall be the
substantive law of [jurisdiction]."

SIAC Model Clause:

"Any dispute arising out of or in connection with this
contract, including any question regarding its existence,
validity or termination, shall be referred to and finally
resolved by arbitration administered by the Singapore
International Arbitration Centre ("SIAC") in accordance
with the Arbitration Rules of the Singapore International
Arbitration Centre ("SIAC Rules") for the time being in
force, which rules are deemed to be incorporated by
reference in this clause."

Pathological Clauses

Issue	Problem	Solution
Non-existent institution	"Chamber of Commerce of Geneva"	Identify correct institution
Hybrid clause	"Arbitration or litigation"	Choose one mechanism
Impossible procedure	Contradictory requirements	Clarify and amend
Missing seat	No seat specified	Default rules apply

Arbitral Procedure

Typical Procedural Timetable

PHASE 1: COMMENCEMENT (Weeks 1-8)
- Request/Notice of Arbitration
- Response
- Constitution of Tribunal

PHASE 2: PRELIMINARY (Weeks 9-16)
- Procedural Conference
- Terms of Reference (ICC)
- Procedural Order No. 1
- Document production schedule

PHASE 3: WRITTEN SUBMISSIONS (Weeks 17-32)
- Statement of Claim
- Statement of Defense
- Reply
- Rejoinder

PHASE 4: DOCUMENT PRODUCTION (Weeks 20-28)
- Requests for production
- Objections
- Tribunal decision
- Production

PHASE 5: WITNESS/EXPERT STATEMENTS (Weeks 33-44)
- Fact witness statements
- Expert reports
- Reply statements/reports

PHASE 6: HEARING (Weeks 45-48)
- Pre-hearing conference
- Evidentiary hearing
- Closing submissions

PHASE 7: POST-HEARING (Weeks 49-56)
- Post-hearing briefs
- Cost submissions
- Award

IBA Rules on Evidence

Document Production (Article 3):

• Request to produce
• Objections (privilege, confidentiality, unreasonable burden)
• Tribunal decision

Witness Evidence (Articles 4-5):

• Written witness statements
• Cross-examination at hearing
• Tribunal examination

Experts (Articles 5-6):

• Party-appointed experts
• Tribunal-appointed experts
• Expert conferencing

Procedural Tools

Tool	Purpose
Bifurcation	Separate liability/quantum
Document-only arbitration	No oral hearing
Witness conferencing	Concurrent expert testimony
Chess clock	Time management
Tribunal secretary	Administrative support

Investment Arbitration

ICSID Arbitration

Requirements:

• Contracting State (or national/entity)
• Written consent
• Legal dispute
• Arising directly out of investment

ICSID Features:

• Self-contained system
• No seat in national territory
• Annulment procedure (not appeal)
• Automatic enforcement

Investment Treaty Protections

Standard	Description
Fair and equitable treatment	Good faith, legitimate expectations
Full protection and security	Physical and legal security
Non-discrimination	National treatment, MFN
Expropriation	Direct and indirect taking
Free transfer	Repatriation of funds
Umbrella clause	Contractual obligations

Bilateral Investment Treaties (BITs)

Key Provisions:

• Definition of investor and investment
• Substantive protections
• Dispute resolution mechanisms
• Duration and termination

Common Claims:

• Regulatory expropriation
• FET violations
• Denial of justice
• Arbitrary measures

New York Convention

Convention Framework

Purpose: Recognition and enforcement of foreign arbitral awards

Contracting States: 172 (as of 2024)

Requirements for Enforcement:

1. Valid arbitration agreement
2. Proper procedure
3. Award is binding
4. Subject matter arbitrable
5. Not contrary to public policy

Grounds for Refusal (Article V)

Ground	Description
V(1)(a)	Invalid agreement
V(1)(b)	No proper notice, unable to present case
V(1)(c)	Award beyond scope
V(1)(d)	Composition/procedure not as agreed
V(1)(e)	Award not binding or set aside
V(2)(a)	Subject matter not arbitrable
V(2)(b)	Contrary to public policy

Enforcement Procedure

1. Obtain certified copy of award
2. Obtain certified copy of arbitration agreement
3. Translate documents (if needed)
4. File application in enforcement court
5. Serve on award debtor
6. Opposition (limited grounds)
7. Court decision
8. Execute judgment

Setting Aside

Common Grounds

Jurisdiction	Grounds
France	Excess of jurisdiction, due process, public policy
England	Substantive jurisdiction, serious irregularity, point of law
Singapore	Similar to UNCITRAL Model Law
Switzerland	Jurisdiction, composition, due process, public policy

Time Limits

Jurisdiction	Deadline
France	1 month from service
England	28 days from award
Singapore	3 months from receipt
Switzerland	30 days from receipt

Costs

Cost Components

1. Institutional fees: Administration
2. Arbitrator fees: Time or ad valorem
3. Legal fees: Counsel
4. Expert fees: Technical experts
5. Witness expenses: Travel, preparation
6. Hearing costs: Venue, transcription
7. Translation: Documents, hearings

Cost Allocation Approaches

Approach	Description
Costs follow the event	Loser pays (English approach)
American rule	Each party bears own costs
Proportional	Based on degree of success
Mixed	Institution fees shared, legal costs follow event

Cost Management

• Early case assessment
• Phased budgeting
• Document production limits
• Efficient hearing management
• Third-party funding consideration

Emergency Arbitration

Features

Institution	Availability	Timeline
ICC	Article 29	15 days for decision
LCIA	Article 9B	Expedited
SIAC	Schedule 1	14 days
HKIAC	Schedule 4	15 days

Emergency Relief Types

• Preservation of assets
• Preservation of evidence
• Maintenance of status quo
• Security for claim

Integration with Other Skills

• litigation: Parallel court proceedings
• contract-lifecycle: Arbitration clauses
• corporate-ma: M&A dispute resolution
• us-federal-courts: US enforcement
• uk-commonwealth: English arbitration law

Reference Files

For detailed guidance:

• references/institution-comparison.md - Institutional rules comparison
• references/enforcement-guide.md - New York Convention procedures
• references/investment-arbitration.md - ICSID and BIT claims