This is an assignment that focuses on the international arbitration law and practice discussion. The paper also focuses on the managing director of integral.
The international arbitration law and practice discussion
INTERNATIONAL ARBITRATION: LAW & PRACTICE
This assignment has a maximum word count of 3000 words.
Firstly, you are the in-house lawyer for an international Construction Consortium with headquarters in Leeds, known as Integral. The Managing Director of Integral is Professor Green. Integral have been involved in the construction of a new airport terminal on the Pacific island of St Briscoe. They are in dispute with one of their suppliers on this project – a French Company Régie Autonome des Transports Europe (RATE) over the quality and delivery materials. The contract contains no arbitration agreement but RATE have written to Professor Green suggesting that the dispute would best be resolved by arbitration under the UNCITRAL model law and utilising the UNCITRAL arbitration rules, rather than by litigation. Professor Green has discussed the matter with you, and you agree that arbitration would be the preferable route and also that the UNCITRAL model law and rules would be most appropriate.
Secondly, an agreement that the seat of Arbitration should be St Briscoe which has just adopt the UNCITRAL model law unamend.
Draft a suitable arbitration agreement that is likely to be acceptable to both parties
Thirdly, an agreement was that there should be a panel of three arbitrators one of whom must be an Engineer. Integral appointed Charles St John QC of Woodgrange Chambers Leeds. RATE procrastinate over the appointment of their arbitrator to the extent that appear not to want to appoint anyone at all.
Explain the procedures available to you to secure the appointment of the tribunal
RATE eventually cooperate and appoint Monsieur Benjamin Constant. He and Mr Charles St John QC agree upon the appointment of Martin Sabadans, the world renowned Mauritian International Commercial Arbitrator as Chairman of the Tribunal. Neither party challenged this appointment. At the first meeting you discover that Martin Sabadans is of French extraction and also has family members closely connected with RATE. You express your concerns to Professor Green, who fears that Mr Sabadans will collude against Integral. Furthermore, you discover that none of the arbitrators are engineers.