Transcript DISPUTE RESOLUTION in the INTERNATIONAL OIL & GAS …
ARBITRATION and ADR are GOOD for BUSINESS
a presentation by
HEW R. DUNDAS
Chartered Arbitrator DipICArb International Arbitrator & Mediator President CIArb to the
Cámara Industriales de Pichincha
10 th July 2007
OVERVIEW of PRESENTATION
Introduction Dispute Resolution Options Dispute Prevention Conclusion
DISPUTE RESOLUTION OPTIONS
Litigation Arbitration Domestic International Alternative Dispute Resolution (ADR) Mediation Conciliation Other Advantages and Disadvantages
LITIGATION
Difficulties of Litigating Local Laws – are they adequate ?
Courts – Good, Bad and Ugly Litigation against States Timescales – long and VERY long Finality Enforceability Costs
INTERNATIONAL COMMERCIAL ARBITRATION (1) - OVERVIEW
What Is It ?
Different Laws May Apply Institutions and Tribunals Finality Enforceability
INTL. COMM. ARBITRATION (2) INSTITUTIONS
ICSID/NAFTA/ECT ICC/LCIA CIAM Other Regional Institutions Chartered Institute of Arbitrators Other
INTL. COMM. ARBITRATION (3) PROCEEDINGS (1)
Party Autonomy Choice of Law of the Arbitration Choice of Rules/Institution Choice of Tribunal Choice of Language + Procedure Common vs Civil Law Cultures Communications
INTL. COMM. ARBITRATION (4) AWARD & ENFORCEMENT
Limited Grounds to Appeal an Award Enforcement New York Convention 1958 Award Enforceable in 142 jurisdictions Limited Grounds to refuse Enforcement Enforcement Normally Fast and Low Cost Enforcement other than via NYC58
INVESTMENT ARBITRATION
Bilateral Investment Treaties Private Investor vs State/State Entity Nature of Arbitration Agreement International Convention for the Settlement of Investment Disputes NAFTA Energy Charter Treaty State Immunity
ALTERNATIVE DISPUTE RESOLUTION (1) - OVERVIEW
What is ADR ?
Why ADR ?
Relationship with Courts Compulsory or Voluntary ?
Court Support of: The Process The Outcome Qualifications and Training
ADR (2) – FORMS of ADR
Executive Negotiation Early Neutral Evaluation (ENE) Private Mini-Trials Adjudication, DABs DRBs Mediation/Conciliation Med-Arb, Arb-Med, MedExDet Arbitrediation Other/None of the Above
DISPUTE PREVENTION & DISPUTE MANAGEMENT
Prevention Corporate Culture Co-Operation – what do YOU Want Conciliatory Approach Local Customs/Culture/Mores Management Dedicated Task Force Expertise – technical/litigator Decision-making
CONCLUSION