Desk Book 2020

Link to Table of Contents AtlAS Desk Book: The International Lawyer’s Dispute Resolution Manual _______________________________________ FOURTH EDITION 2020 _______________________________________ A Project of the Atlanta International Arbitration Society Published by the Atlanta International Arbitration Society Fourth Edition AtlAS Desk Book: A Manual for International Dispute Resolution Lawyers - Fourth Edition A Project of the Atlanta International Arbitration Society This book includes materials reprinted with the permission of the Arbitration Institute of the Stock- holm Chamber of Commerce, the Asian International Arbitration Centre, (AIAC), the Australian Centre for International Commercial Arbitration, the Center for Arbitration and Medication of the Brazil-Canada Chamber of Commerce (CAM-CCBC), the International Bar Association (IBA), the China International Economic Trade and Arbitration Commission (CIETAC), Magaly S. Cobian, the Deutsche Institution fur Scheidsgerichtsbarkeit (DIS), Shelby R. Grubbs, Glenn P. Hendrix, Henning Mediation and Arbitration Service, the Hong Kong International Arbitration Centre (HKIAC), the International Centre for Dispute Resolution (ICDR), the International Council for Commercial Ar- bitration (ICCA), the International Court of Arbitration of the Chamber of Commerce (ICC), JAMS, the London Court of International Arbitration (LCIA), the Metro Atlanta Chamber of Commerce, the New York City Bar Association, the Singapore International Arbitration Centre (SIAC), the Swiss Chambers Arbitration Institution, the Vienna International Arbitration Centre (VIAC), the World Intellectual Property Organization (WIPO) (“Permitted Works”). No rights are claimed in Permitted Works and Permitted Works are included in this book without waiver of rights belonging to the own- ers of Permitted Works. Additionally, this book includes State Bar of Georgia and State of Georgia and United States rules, statutory and treaty materials which are in the public domain. No rights are claimed on works in the public domain. Except as noted, all rights are retained by the Atlanta Inter- national Arbitration Society. Printed in the United States of America First Publication of Fourth Edition, September 2020 Editorial Board Shelby R. Grubbs Heather Marie Kuhn Ashwadha Manoharan Kirk W. Watkins The Atlanta International Arbitration Society NOTICE This manual is a continuing project of the Atlanta International Arbitration Soci- ety (AtlAS), a Georgia non-profit corporation. AtlAS does not administer arbitration proceedings. AtlAS does not sponsor or advocate for any particular clause or set of arbitration rules or the use of any arbitral institution. The purpose of this project is to provide a composition of useful information for the active practioner in international arbitration (and to share information on the appeal of the Southeastern United States as a venue for international arbitrations). In the preparation of this manual, AtlAS has tried to reproduce model clauses and rules and other materials accurately. Drafters and users of this manual should confirm that language they are using has been incorporated correctly. The information contained in this manual may not be current, especially since the model arbitration clauses of various arbitration institutions are subject to change. This manual may not reflect recent changes in clauses and rules as of the date of publication and will not reflect changes subsequent to the date of publication. In using and adapting the materials reproduced in this manual, parties should be aware that neither AtlAS nor any affiliated organization is engaging in the practice of law. No legal advice is being given. Qualified legal advice should be obtained before using information contained in this manual. The legal effect, appropriateness and advisability of using the clauses and rules in this manual should be evaluated according to the specific context of a given transaction and/ or dispute, the needs of the parties and whatever laws may be applicable. AtlAS makes no representation or warranty regarding the enforceability of the clauses or the suitability of the rules contained in this manual in any jurisdiction. Fourth Edition PREFACE This book is an annual project of the Atlanta International Arbitration Society (more often called “AtlAS”). It is intended as a consolidated resource and drafting guide for lawyers in practices related to international commercial arbitration. Section 1, Chapters 1–8, is made up of information about Atlanta and Georgia. Chapter 1 is a brief introduction to Atlanta and its growing importance as an international business hub. Chapter 2 is a detailed memorandum prepared by Glenn Hendrix of Arnall Golden Gregory pertaining to Atlanta’s legal infra- structure and the significant advantages it offers as a location or seat for international arbitration. Chapter 3, entitled “Strategies for Establishing an Arbitral Seat: A Roadmap Based on the AtlAS Experience,” covers the salient initiatives pursued by AtlAS and other stakeholders in the course of their efforts to make Atlanta a frequently used location for international commercial dispute resolution and was prepared by Shelby Grubbs of Miller & Martin. Chapter 4 is a briefing regarding the Georgia State Arbitration Center (“GSAC”), formerly known as the Atlanta Center for International Arbitration and Mediation. GSAC operates a state-of-the-art hearing facility in the Georgia State University College of Law in downtown Atlanta. Chapters 5–8 contain items specific to Georgia. The American Bar Association (“ABA”) has recognized Georgia as a model jurisdiction for its “open door” approach to the practice of foreign lawyers and Chapter 5 includes an ABA Memoran- dum: “International Trade in Legal Services and Professional Regulation: A Framework for State Bars Based on the Georgia Experience,” together with commentary by Ben Greer, a retired partner at Alston & Bird, and for many years, the chair of its international practice. Chapter 6 contains the Fulton County (Atlanta) Business Court Rule, which provides for expedited treatment of applications pertaining to international arbitration. Chapter 7 is Georgia Rule of Professional Responsibility 5.5 dealing with, among other things, multijurisdic- tional law practice and Rule 8.5 dealing with choice of law in disciplinary matters concerning Georgia lawyers practicing outside of Georgia. Lastly, Chapter 8 is the Georgia International Arbitration Code, updated in 2012 to align with the UNCITRAL model law. Chapters 9-18, comprising Section 2, contain items which are frequently consulted by international lawyers in the United States and throughout the world. Chapter 9 is the 1958 New York Convention (now approved in 162 jurisdictions worldwide). Chapter 10 is the 2019 Singapore Convention on Mediation (offi- cially, the “United Nations Convention on International Settlement Agreements Resulting from Mediation”). Chapters 11-13 contain the Federal Arbitration Act, the UNCITRAL Model Law and the UNCITRAL Model Arbitration Rules. Next there are three International Bar Association (“IBA”) compilations: the IBA Rules on the Taking of Evidence (Chapter 13), the IBA Guidelines on Party Representation (Chapter 15) and the IBA Guidelines on Conflict of Interest (Chapter 16). Chapter 17, the new “Prague Rules”—the Inquisitorial Rules on the Taking of Evidence in International Arbitration. Chapter 18 is new and contains the 2020 ICCA-NYC Bar-CPR Protocol on Cybersecurity in International Arbitration. Section 3, Chapters 19–21, contain drafting guides republished with the permission of the IBA (Chap- ter 18), the International Centre for Dispute Resolution (“ICDR”) (Chapter 19) and JAMS (Chapter 20). Section 4 contains but one chapter, Chapter 22. It is a comparison table which compares certain aspects of the rules published by leading institutions. Among the items abstracted by this chart are the man- ner in which arbitrators are selected, how jurisdictional challenges are handled, and the role of the institutions handling applications for interim measures, fees, etc. The chart is followed by model clauses and rules from many of the world’s leading tribunals. The chart has a top to bottom outside border to facilitate ease of its use in the Desk Book and is also available as a detached form for the convenience of users. Section 5 is the core of the book. Its chapters, 23–40, include model clauses and rules adopted by 18 of the world’s principal arbitral institutions. In some cases, these institutions also provided narrative introduc- tions. We are grateful to the following institutions for kindly permitting the republication of their materials: iv The Atlanta International Arbitration Society Chapter 23 – Arbitration Institute of Stockholm Chapter 24 – Asia International Arbitration Centre (formerly Kuala Lumpur IAC) Chapter 25 – Australian Centre of International Commercial Arbitration Chapter 26 – Center for Arbitration and Mediation of the Brazil-Canada Chamber of Commerce Chapter 27 – British Virgin Islands International Arbitration Centre Chapter 28 – The China International Economic and Trade Arbitration Commission (CIETAC) Chapter 29 – CPR Institute for Conflict Prevention and Resolution Chapter 30 – Deutsche Institution Fur Schiedsgericthtbarkeit (DIS) Chapter 31 – Henning Mediation and Arbitration Services Chapter 32 – Hong Kong International Arbitration Centre Chapter 33 – International Centre for Dispute Resolution (ICDR) Chapter 34 – International Chamber

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