ABSTRACT
This chapter focuses on starting an international commercial arbitration after the tribunal has been constituted. It focuses 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 chapter considers what a tribunal should bear in mind when making its order for directions no.1. It also discusses the determination of the applicable law to an arbitration agreement or to an international commercial contract. The chapter then discusses 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. Case management in international commercial arbitration is a balancing act between the duty to progress arbitration without unnecessary cost and delay and the duty to produce, to the extent reasonably possible, an enforceable award.
