Terms of Reference

Term from Arbitration industry explained for recruiters

Terms of Reference (TOR) is a key document in arbitration that outlines what needs to be decided in a dispute. Think of it as a roadmap that everyone agrees to follow during the arbitration process. It sets out the main issues, what laws apply, and how the arbitration will be conducted. This document is like a contract between the parties involved and the arbitrators, making sure everyone understands what needs to be resolved and how they'll go about it. You might also see it called "Arbitration Mission" or "Act of Mission" in some cases.

Examples in Resumes

Drafted Terms of Reference for international commercial arbitration cases

Successfully negotiated and finalized TOR in complex multi-party disputes

Led team in preparing Terms of Reference and procedural timetables for ICC arbitrations

Typical job title: "Arbitration Lawyers"

Also try searching for:

Arbitration Counsel International Arbitration Lawyer Dispute Resolution Lawyer Arbitration Associate International Arbitration Counsel

Example Interview Questions

Senior Level Questions

Q: How do you handle complex multi-party disputes when drafting Terms of Reference?

Expected Answer: A senior lawyer should explain their approach to managing multiple parties' interests, coordinating different claims and counterclaims, and ensuring all issues are properly captured while maintaining clarity and efficiency.

Q: What challenges have you faced when negotiating Terms of Reference and how did you overcome them?

Expected Answer: Should demonstrate experience in handling difficult negotiations, managing client expectations, and finding creative solutions when parties disagree on scope or procedure.

Mid Level Questions

Q: What are the essential elements you include in Terms of Reference?

Expected Answer: Should list key components like parties' details, summary of claims, applicable laws, procedural rules, and explain why each is important for the arbitration process.

Q: How do you ensure Terms of Reference comply with institutional rules while meeting client needs?

Expected Answer: Should show understanding of major arbitration institutions' requirements while explaining how to balance these with practical case management needs.

Junior Level Questions

Q: What is the purpose of Terms of Reference in arbitration?

Expected Answer: Should explain that TOR defines the scope of arbitration, identifies key issues, and sets out basic procedural framework for the case.

Q: How do you organize information when drafting Terms of Reference?

Expected Answer: Should describe basic structure of TOR, including how to gather relevant information from case files and organize it in a clear, logical manner.

Experience Level Indicators

Junior (0-2 years)

  • Basic drafting of Terms of Reference
  • Understanding arbitration rules
  • Research on procedural requirements
  • Support in document organization

Mid (2-5 years)

  • Independent drafting of complex TOR
  • Negotiation with opposing counsel
  • Case management planning
  • Client communication

Senior (5+ years)

  • Strategic planning of arbitration procedure
  • Managing multi-party disputes
  • Leading client strategy meetings
  • Training junior lawyers

Red Flags to Watch For

  • No knowledge of major arbitration institutions and their rules
  • Lack of experience in drafting legal documents
  • Poor understanding of procedural aspects of arbitration
  • Limited negotiation or communication skills