Center for International Commercial & Investment Arbitration at Columbia Law School的动态

My blog "The Viability of Precedents in Arbitration" for The American Review of International Arbitration at Columbia Law School !

RUSSIAN ARBITRATION DAY 2025 Today we are excited to announce that the VIII Russian Arbitration Day is scheduled for May 19, 2025! Russian Arbitration Day (RAD) is a unique conference dedicated to the development of arbitration in Russia and abroad. Since its inception in 2013, the RAD has rightfully become one of the most successful in the CIS region. Over the years, the RAD has brought together 1,500 participants from Russia and abroad in an offline format, along with over 3,000 online users. Traditionally, following the conference, a collection of articles entitled "New Horizons of International Arbitration" will be published. The reports and articles for RAD and the digest are carefully selected on a competitive basis, which makes RAD a truly unique event not only for the community of legal practitioners, but also as a contribution to the legal academia as a whole. In 2025, the moderators will be: - Anna Arkhipova, PhD, Associate Professor at the Russian School of Private Law, Vice President of the Maritime Arbitration Commission at the Russian Chamber of Commerce; - Dmitry Kaysin, Partner at Better Chance, PhD in Law, LLM; - Andrey Panov, Partner, Head of International Arbitration and Litigation at Denuo. To apply for RAD 2025 as a speaker and to submit a report, please send the filled application form: [email protected]. Applications for the selection of reports are accepted until October 15, 2024. Along with the RAD speakers selected by the moderators, the world-class international arbitrations specialists also take part in the conference and in the digest. In different years, among the RAD speakers were Gary Born, Loukas Mistelis, Audley Sheppard КC, V.V. Veeder QC, David Rivkin, Stavros Brekoulakis and other thought leaders of international arbitration. A live broadcast of the event will be available in Russian and English.? Format: hybrid (offline and online). Detailed information will be posted on the website. (https://lnkd.in/d7fxg5sb)

Donald (Trey) Earl Childress III, Of Counsel in the Washington, DC office of Three Crowns LLP, as co-authored a blog post titled “Do National Courts Really Give Effect to 90% of All International Arbitral Awards?”, recently published by Kluwer Arbitration Blog. The blog post explains an empirical study that assesses the rate at which U.S. federal courts give effect to international arbitral awards. Based on the data, the study concludes that U.S. federal courts are more likely than previously assessed by other empirical studies to give effect to international arbitral awards. The blog post is based on the Trey’s co-authored article, Challenging and Enforcing International Arbitral Awards in U.S. Federal Courts: An Empirical Study, which is forthcoming in the Virginia Journal of International Law. To find out more, click below. Wolters Kluwer: International Arbitration & Mediation

?? Calling all students, professionals, and academics interested in international comercial law and international arbitration! ?? Do you have a Vis Moot topic you always wanted to publish about, but could never get to? Are you interested in academically exploring and sharing your knowledge on a cutting-edge topic on international arbitration or international commercial law? Or do you simply want to review a book and share your thoughts with the arbitration community? ?? If you are looking to publish your article in a world-renowned, peer-reviewed journal read by thousands of academics, professionals, and mooties from across the world, then submit your article to [email protected] and [email protected] and spread the word! For more information on author guidelines, please refer to https://lnkd.in/dCcwTick if you have any questions, please email [email protected] and [email protected]

[Sciences Po Arbitration Days 2024, Day 2] ?? Inaugural Lecture by Professor Pocar Fausto on "The?Development of?Institutional?Arbitration for the?Settlement of?International?Disputes" - Ani Harutyunyan reporting: On 13 September 2024, as part of the 2023-2024 Sciences Po TADS LLM Graduating Ceremony, Professor Fausto Pocar gave a keynote lecture on the?development of?institutional?arbitration for the?settlement of?international?disputes. The goal was to connect all forms of arbitration and acknowledge the?125th anniversary of the Permanent Court of Arbitration (PCA). He explained that the modern international community is a system of states that came into being after the thirty-years’ war that excluded the priority of any judicial approach to dispute settlement because it would require a more sophisticated structure rather than simple state sovereignty. Professor Pocar recalled that until the recent UN Chart ban, the settlement of disputes by war was a solution if other means were not effective and that modern scholars consider arbitration as the most effective means of maintaining peace. After referring to the origins of arbitration and its evolution, he recalled that?ad hoc?arbitrations allow setting up an arbitral tribunal able to deal with specific cases. The Professor explained that due to the large developments in transnational commercial arbitration, the PCA ended up adopting and adapting rules from it such as UNCITRAL. So, today the same rules are applied to international arbitration between state and private as well as private and private parties. Professor Pocar also alluded to the role of arbitration as a tool to solve post-war problems as in the case of Eritrea-Ethiopia claims and boundary commissions. Arbitration remains the basis of dispute settlement. He pointed out that even if States go to ICJ access to it is limited based on the restrictive consent given to it and the requirement, of exhaustion of other remedies with some exceptions such as the Genocide Convention. Fausto Pocar concluded that, overall, the judicial system does not seem effective and, therefore, it may be better to go back to the foundations and conduct arbitration for the purpose of settlement of disputes.

I'd love to share with you one more short text. This time the topic is the Hong Kong International Arbitration Centre. The Hong Kong International Arbitration Centre (HKIAC) has released its new 2024 Administered Arbitration Rules (“2024 Rules”), which will take effect on 1 June 2024. This is the fourth version of the rules and comes some six years after the 2018 Rules were introduced. The 2024 Rules incorporate important changes which refine and improve on the 2018 Rules, as well as new provisions to address the time- and cost-efficiency of HKIAC arbitration, providing the Centre and tribunals with several new powers designed to improve efficiency. ? Essential Things to Know about the 2024 HKIAC Arbitration Rules: ·??????The overall structure and approach of the 2018 HKIAC Rules remain in place. ·??????The tribunal has a new power to exclude a party’s proposed new legal representatives, and take any other necessary measure, in order to avoid a conflict of interest (Article 13.9). ·??????Under the new rules, the HKIAC may now take any measure necessary to preserve the efficiency or integrity of the arbitration” after consulting with the parties and tribunal. (Article 13.10). ·??????The above mentioned includes potentially revoking an arbitrator’s appointment “in exceptional circumstances” – specifically, where it “considers that the arbitrator is prevented from or has failed to fulfil his or her functions in accordance with the rules or within the prescribed time limits (Article 13.10). ·??????If deposits for costs are not paid in full, the HKIAC has the power, before the constitution of the tribunal, to suspend or cease to administer the arbitration (Article 41.4). ·??????The HKIAC also has new powers in relation to the determination, review and adjustment of the tribunal’s fees and expenses (paragraph 5 of Schedules 2 and 3). ·??????The Rules now “encourage” parties and co-arbitrators to take diversity into account when designating arbitrators, as well as HKIAC shall take into account considerations of diversity together with all other relevant considerations, when exercising its authority to appoint arbitrators (Article 9A).

Attended an interesting talk on Thursday at Université Panthéon-Assas, Paris, on the history and development of arbitration, entitled “Arbitration, between commercial and diplomatic challenges” Speaking were Carine Becharef Jallamion, Professor, History of Law, Université de Montpellier and Mika?l Schinazi, avocate, bars of Paris and New York, Jones Day. Some interesting points: The authority and effectiveness of arbitration has fluctuated in line with the political climate. In ancient Rome and the Justinian code was considered a legitimate means of resolving disputes: arbitration clauses were enforceable and awards were recognised by the praetor (judges). After the collapse of Rome, arbitration was re-discovered in the middle ages and widely used, but by the 14th century, some kings – at least in France – claiming themselves to be the sole source of justice and authority, sought to undermine the effectiveness of arbitration by allowing awards to be appealed. Others who wished to undermine the authority of the courts were more supportive. After the French Revolution arbitration for a time was in favour, as a means of checking the power of the judges, but for much of the 19th century it was not, with the French courts refusing to recognise the validity of arbitration clauses, considering them to be an assault on national justice. Arbitration did not really establish itself until after the First World War. Since then it has continued to evolve, particularly international arbitration, with the growing internationalism after the Second World War. Initially its legitimacy was disaggregated and hierarchical: the courts of the seat were the only courts to whom a winning party could turn to enforce an award. A turning point occurred in 1957 with the New York Convention after which its legitimacy depended on a network or plurality of systems. Parties could now enforce awards in multiple jurisdictions. As for the future, with the rise of nationalism and the increasing distrust of elites, arbitration may see another reversal.?

?? A new chapter in arbitration is here! We’re excited to introduce A for Arbitration, a platform dedicated to delivering fresh insights on domestic and international arbitration. Our inaugural edition covers expert interviews, institutional insights, and educational opportunities, all designed to keep you informed and engaged in the evolving world of dispute resolution. Check out this month's edition featuring a Q&A with Gauhar Mirza, insights from InADR, and a highlight on the UPPSALA - SAU Investment Arbitration Bootcamp. Stay ahead. Subscribe today! #DisputeResolution #LegalInnovation #AforArbitration #ArbitrationCommunity

Today was an incredible experience and honor, moderating together with Sharon Mbuna, a discussion at the Catholic University of Malawi on a topical issue in Commercial Law, thus Alternative Dispute Resolution (ADR). It was a privilege to hear from Counsel Charles Mhone, who shed light on the intricacies of ADR. His insights were invaluable, and I'm grateful for the opportunity to learn from him. The future of ADR looks bright, thanks to passionate and driven young lawyers like Fanuel Rudi. His contributions to the discussion were impressive, and it's clear that the next generation of legal professionals is committed to advancing this field. International arbitration plays a vital role in resolving cross-border disputes. It offers a neutral forum, making it easier to enforce awards than court judgments. With over 170 countries ratifying the New York Convention, international arbitration provides a reliable and efficient mechanism for dispute resolution. Key benefits of international arbitration include: - Enforceability: Awards are easier to enforce than foreign court judgments - Neutrality: A neutral forum for resolving disputes, avoiding local court advantages - Privacy and Confidentiality: Arbitration proceedings are generally private and confidential - Choice of Arbitrators: Parties can select arbitrators with relevant expertise - Finality: Arbitration awards are final and binding, with limited grounds for appeal The presenters' passion and expertise were truly inspiring, and I'm grateful for the experience. The growth of international arbitration is crucial for facilitating global trade and commerce, and events like these foster greater understanding and cooperation.

Out now - The Conduct of International Arbitration Proceedings, by Yves Derains, Founding Partner, Derains & Gharavi, Paris, France Available in print and eBook through our website: https://lnkd.in/ecE9USPy Find out more about the Elgar Arbitration Law and Practice series: https://lnkd.in/ecncQwT8 Available for your institution or firm’s online library through Elgaronline where the Preface and Chapter 1 are currently free to access: https://lnkd.in/eM56ejQu ‘Written by the most distinguished international arbitrator with an experience spanning over five decades, the book offers the best practical presentation of the arbitration procedure in all its steps and components which is presently available on the market. It is a must for all students, lawyers and other professionals who want to familiarize themselves with international arbitration and the arbitral process.’ – Bernard Hanotiau, Hanotiau & van den Berg, Belgium ‘The author borrows from his decades-long experience to offer a unique practical guide on how to conduct arbitral proceedings. The book discusses the tools available to arbitrators to adapt the proceeding to the specific features of individual cases and shares insights into best practices, novel solutions, and pitfalls to avoid.’ – Stanimir A. Alexandrov, Independent Arbitrator, Washington DC, USA ‘The Conduct of International Arbitration Proceedings by Yves Derains is a masterclass in effective and efficient arbitral proceedings. With comprehensive insights and practical advice, it’s a must-read for anyone involved in international arbitration.’ – Claudia Salomon, President of the ICC International Court of Arbitration This book provides an in-depth guide to conducting international arbitration proceedings efficiently and effectively, drawing on Yves Derains’ specialist experience in over 500 proceedings. It explores the necessary qualities of successful international arbitrators, and covers the various phases of arbitration proceedings, from the appointment of the arbitrators to the issuing of the award. Key Features: ● Provides practice-based tips for the conduct of arbitration proceedings ● Illustrates how to organise case management conferences efficiently ● Examines the role of witness and expert evidence in arbitration and how to handle it effectively ● Discusses the complications expected when coordinating international arbitration and how to resolve them #Law #Lawyer #Legal #LinkedInLaw #Arbitration #arbitrator #LegalPublishing #lawlibrary #research #reference