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ICC BAHRAIN &


BAHRAIN CHAMBER OF COMMERCE AND INDUSTRY
SUNDAY 13 FEBRUARY 2011

PITFALLS IN ARBITRATION
Mirèze Philippe
Special Counsel
Secretariat of the ICC International Court of Arbitration

I - NEGOTIATING AND DRAFTING A DISPUTE RESOLUTION


CLAUSE (DRC)

Consent to arbitrate
DRC that applies to interrelated contracts and Incorporation by reference
Negotiating a DRC with a state entity
Investigation of type of arbitration best suited to the transaction
Standard clauses
Multi-tiered DRC
Multi-party & multi-contract DRC
Expedited arbitration

Approximation and confusing statements


Conflicting systems
Difficulties of multiplicity
Absence of time limits in multi-tiered clauses
If in doubt, keep it simple
A good clause is not good for all situations

 This document was drafted by Mirèze Philippe for the sole purpose of this seminar. All rights reserved. No part of this
work may be reproduced or copied in any form or by any means. The views expressed are those of the author alone and
should not be considered binding on the International Court of Arbitration or its Secretariat.
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II - NUMBER AND APPOINTMENT OF ARBITRATORS


One or three arbitrators
Small claims
No even numbers and no umpires
Appointment of arbitrators
Accepting to act as arbitrator
Challenges of arbitrators after appointment

III - PLACE OF ARBITRATION


Ratification of the New York convention by the country envisaged
Arbitration-friendly law
Tendencies of local courts
Convenience

IV - CONDUCT OF AN ARBITRATION
Guiding principles
Terms of Reference
Organization of the Procedure

V - DRAFTING OF THE AWARD


Awards versus Procedural Orders
Some issues of guidance
Grounds for challenge of an award
Dissenting opinions
Correction and interpretation of awards

VI - COSTS OF ARBITRATION

 This document was drafted by Mirèze Philippe for the sole purpose of this seminar. All rights reserved. No part of this
work may be reproduced or copied in any form or by any means. The views expressed are those of the author alone and
should not be considered binding on the International Court of Arbitration or its Secretariat.