50 Years of the New York Convention (ICCA Congress Series) (International Council for Commerical Arb
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Are They Different Ball Games? Investment Treaty Arbitration and Commercial Arbitration: Are They Different Ballgames?
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Getting the Notice of Dispute Right. Interim Measures in International Commercial Arbitration: British Library Online Contents Palokangas, Tapio Springer Verlag At these occasions, thought leaders will reflect on the last 60 years and give their prognoses on the next 60 years. However, the views are on extreme sides of the spectrum with some proposing for complete overhaul whilst others abide by the adagio: The year has featured many conferences and publications celebrating the 60 th year that the New York Convention has been in existence, and with that, the question has been posed, as it had ten years ago at the occasion of its 50 th anniversary at the ICCA Congress in Dublin: Does the treaty need replacement?
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The answers have been multiform since:. Some tables do not need controversy leading to great conversations.
Sometimes, a common path must be found for stakeholders to reach consensus about a treaty that has enabled the flourishing of international arbitration and international trade. Perhaps the original purpose or intent of the drafters was not for the treaty to be applied in a uniform manner in every single Contracting States for decades to come.
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Or perhaps the application of the New York Convention over the last 60 years has taught us that something far more radical is required than a replacement. Given the outcomes of the application of setting aside regimes in the countries where the award was rendered, perhaps the time has come again to pose the question as to whether setting aside regimes should be abolished. To these possible outcomes, I would add the following three pivotal developments that ought to be taken into account when finding a common path:.
Turn on more accessible mode. First, the idea that international arbitration will continue to be the preferred method of dispute settlement in international trade is under revision both in the realm of international commercial arbitration and international investment arbitration. You already recently rated this item. Please verify that you are not a robot. You may send this item to up to five recipients. Leave a Reply Cancel reply Your email address will not be published. Published under the leadership of acting General Editor Lise Bosman, and with the assistance of the Permanent Court of Arbitration, the Handbook contains authoritative country reports prepared by leading arbitrators, academics and practitioners on national arbitral practice, as well as the relevant national legislation in English.
Admittedly, 60 years with the commitment of States gives a lot to celebrate. Yet, it is time for reflection about partial?
50 Years of the New York Convention (ICCA Congress Series) (International Council for Commerical Arbitration Congress) [Albert Jan Van Den Berg] on. Perhaps the principal reason why it is appropriate that ICCA's 50th anniversary be “Arbitration – The next 50 Years” and celebrate this remarkable event. those whose friendship was born when drafting the New York Convention” ( Bertrand Moreau, ICCA . (Werner Melis, ICCA Congress Series N° 7, Vienna, p. 9).
Alternatively, the treaty could gradually phase out with the rise of third-party assisted settlement as the new way forward for dispute settlement in international trade with the use of a probable Mediation Convention. If the EU is to move forward with its permanent court, the New York Convention will most likely not be the treaty under which those awards can be enforced. The awards of the court will most likely not fall under the scope of Article I 2 of the New York Convention as the travaux preparatoires demonstrate.
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Of course, most awards to be enforced under the New York Convention are commercial arbitration awards, for instance, those rendered under the auspices of the ICC. Even so, recent case law demonstrates judicial freestyling with some faint memory of the New York Convention. It is not all doom and gloom: Though principally aimed at judges determining applications under the Convention, the Guide, which benefits from the extensive practical and academic experience of its authors prominent arbitrators and ICCA members will also be of interest to students, teachers and practitioners as an introduction to the Convention.
The ICCA Reports publish occasional papers prepared by ICCA interest groups and project groups, in the hope that they will stimulate discussion and debate in our field. As cases have become more complex and amounts in dispute have increased, the open use and ready acceptance of arbitral secretaries has grown.
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For most arbitral tribunals, the secretary takes on many tasks beyond the purely administrative - a development that some view as controversial. Young ICCA formed the Task Force on the Use and Appointment of Arbitral Secretaries to consider the views of the international arbitration community on the issue of arbitral secretaries and to develop a transparent and robust approach to their use and appointment.
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The ICCA Drafting Sourcebook for Logistical Matters in Procedural Orders is a collection of boilerplate clauses that we invite you to consider, copy or adapt for use in your arbitral proceedings. It is not a best practices guide - instead we hope you will find it a helpful starting point for your own drafting. The Task Force was composed of a diverse group of leading experts from a wide range of professional backgrounds, including arbitrators, counsel, members of arbitral institutions, and academics.
It is based on the work of the Task Force, comments received on a publicly available discussion draft of the Report, and multiple public consultations over a two-and-a-half year period.