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Practice of International Commercial Arbitration: A Handbook for Arbitrators and Arbitration Lawyers

Practice of International Commercial Arbitration: A Handbook for Arbitrators and Arbitration Lawyers in Asia, 2nd Edition, (c) 2026

Page 100

CHAPTER 6

Start

This chapter will focus on starting an international commercial arbitration after the tribunal has been constituted. For this purpose, the chapter will take the viewpoint of the arbitral tribunal. It will focus on getting the parties to plead their case, establishing an initial timetable for the proceedings, and determining the law applicable to the substantive arbitration. The first section will consider what a tribunal should bear in mind when making its Procedural Order No. 1. It will discuss the advantages and disadvantages of two approaches for the form of such directions. The second section will look into the determination of the law applicable to (1) an arbitration agreement and (2) an international commercial contract. The discussion on sub-topic (1) will be based on article V(1)(a) of the New York Convention. The discussion on sub-topic (2) will be based on the 2015 Hague Choice of Law Principles in International Commercial Contracts.1 The third section will discuss case management, that is, how to ensure that an arbitration moves along expeditiously and cost-effectively, but in keeping with considerations of due process and fairness.

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