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.
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"
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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.
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.
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.