Memorandum

TO: FROM: DATE: RE: Tim Lowman Nathan Fan September 2, 2011

Arbitration Awards and Orders for Production of Documents

Our File: -______________________________________________________________________________

A. TASK You asked me to find samples of arbitration awards, specifically in the intellectual property or commercial law field. Also, you asked me to find samples of arbitration orders for production of documents for discovery in arbitration.

B. FINDINGS Attached to this memorandum and uploaded onto Time Matters are various precedents for arbitration awards and production orders. In addition, I have uploaded several actual award decisions onto Time Matters that have been subsequently redacted or fictionalized to protect confidentiality. However, the form and general content still provide valuable insight. A list of these awards is produced below. Following that is a list of precedents attached to this memorandum Arbitration awards by Lord David Hacking1: December 2000 LCIA [Alpha Express v Unity Air] Arbitration Award relating to sale of a large consignment of mobile telephones from Sweden to Saudi Arabia. [Power v SEP & SE] Dissenting Opinion in arbitration between a US power company and two state-owned Hungarian power companies concerning a dispute over environmental clear-up costs. [Geneva Trading v Dubai Trading] Commodities Arbitration Award relating the sale of Romanian Milling Wheat and legal issues concerning contract performance. [Zurich International v Moscow Export] Award on Jurisdiction arising out of commodities arbitration concerning the sale of Russian Feed Wheat.

April 2003

Hungarian Chamber of Commerce

February 2004

GAFTA

October 2004

GAFTA

Experienced arbitrator from London, England. More information available online at: < http://www.lordhacking.com/sampleAwards.html>

-2May 2006 ICDR [La Scne v Gold & Silver] Award on Jurisdiction arising out of sale a substantial consignment of vanilla beans from the Island of [Le Runion] in the Indian Ocean. [Dragon v Last Choice] Arbitration under ABTA Scheme relating to family holiday in Greece [King v Jocks] Arbitration under MCAS Scheme relating the mortgaging of a property in Edinburgh. [Cheviot Hills v Highgate Rehabilitation] Award relating to a dispute between an outdoors educational training centre and a UK Government funded rehabilitation agency.

December 2000 January 2005 October 2006

Chartered Institute of Arbitrators Chartered Institute of Arbitrators Ad hoc

Arbitration Award by

PRODUCTION ORDER PRECEDENTS

1. Typical Order for Directions for Discovery of Documents 1 Page From Arbitration Practice and Procedure: Interlocutory and Hearing Problems by D Mark Cato (1997)

2. Typical Order for Directions for Specific Discovery 2 Pages From Arbitration Practice and Procedure: Interlocutory and Hearing Problems by D Mark Cato (1997)

3. Typical Direction Following Preliminary Meeting 8 Pages From Arbitration Practice and Procedure: Interlocutory and Hearing Problems by D Mark Cato (1997)

-34. Order for Directions No 1 1 Page From Law and Practice of International Commercial Arbitration by Alan Redfern and Martin Hunter (2004)

5. Order for Directions No 2 3 Pages From Law and Practice of International Commercial Arbitration by Alan Redfern and Martin Hunter (2004)