International Council For Commercial Arbitration Research Articles

Article: Sustainable Arbitration Along the Belt and Road Initiative: The Green Model Clause

While there may be developments in the substantive obligations in green arbitration, it is difficult to say the same for the procedural aspects. Many have voiced concerns over the huge environmental impact in cross-border arbitration as a result of flights necessary for hearings and countless bundles of documents (just to name two examples). A select number of arbitral institutions have implemented climate-friendly practices in their rules and practice (whether pre- or during the COVID-19 pandemic), but such initiatives are far from sufficient. Although the new norm of virtual hearings has become common, some are concerned about their adoption, alleging a violation of the right to a physical hearing and consequently access to justice. Yet a relevant report released by the International Council for Commercial Arbitration (‘ICCA’) has definitively concluded otherwise. In this article, the Belt and Road Initiative (‘BRI’) provides the backdrop as one of the biggest infrastructure projects in the world that utilizes international arbitration. There are various initiatives within the BRI that gather major stakeholders, with the most relevant project here being the Beijing Joint Declaration by Arbitration Institutions for the BRI (the ‘Beijing Declaration’), which was issued by major arbitral institutions around the world and pushes for innovative changes in arbitration. Building on green practices in the arbitration community and the confirmation by ICCA that virtual hearings in and of themselves do not encroach on access to justice, the author suggests that arbitral institutions involved in the Beijing Declaration or along the BRI could pioneer changes in green arbitration by launching a Green Model Clause, which could operate as a clause for parties to adopt alongside carbon emissions scorecards, with the scorecards setting out a framework on the relevant factors for the tribunal to consider in the process of cost optimization. Belt and Road Initiative, model clause, arbitration, arbitration institutions, arbitral rules, Campaign for Greener Arbitrations, access to justice, virtual hearings, carbon emissions scorecards, climate change

The 1958 New York Convention in Action, by Marike R. P. Paulsson

The 1958 New York Convention in Action , by Marike R. P. Paulsson, Kluwer Law International, 2016. ‘Discussions of importance are never over’, is a remark I once heard a very learned friend voice. The words have resounded in my head time and again, as they explain why debates on certain topics are recurrent, everlasting. They not only continue, but also take on new perspectives. Seemingly, they are never exhausted; they relate to timeless topics in which breath is never depleted. More importantly, they incrementally knit a theoretical mat the purpose of which is to provide cover for the problems hailing from the trenches of arbitration—particularly, those touching upon matters of principle. The 1958 New York Convention in Action illustrates the point. Since the locus classicus on the matter (Professor Dr Albert Jan van den Berg’s treatise, The New York Arbitration Convention of 1958 : Towards a Uniform Judicial Interpretation ),1 books on the topic have mushroomed from time to time. Those of us specializing in, and dedicated to, arbitration follow and consume said treatises in the hopes of ensuring apposite handling of our craft. What makes Ms Paulsson’s contribution noteworthy is the adroit combination of insightful content, a plausible method, and elegance. As to method , two aspects stand out. First, the New York Convention’s subjects are addressed with a fresh reading of the trabaux preparatoires —a plausible step as many have assumed —rather than reviewed —what its drafters intended. Secondly, the application is commented on by citing examples from the International Council for Commercial Arbitration’s (ICCA) orange book collection: the Yearbook of Commercial Arbitration . Doing so is praiseworthy, as the corpus of wisdom found in the ICCA Yearbook collection has passed inadvertently on to many. Its elegance stems from the poise, refined grace, and dignified propriety with which the topics are addressed. Analytical bias is not adverted. The subjects are dealt with in … fgcossio{at}gdca.com.mx

Ethics in International Arbitration, by Catherine A. Rogers

Ethics in International Arbitration , by Catherine A. Rogers, Oxford University Press, 2014, Paperback, ISBN 9780198713203 (386 pp). The last few years have seen international arbitration stakeholders taking a considerably increased interest in ethics. Leading figures have expressed concern about the state of ethical regulation in the arbitral process and its potential impact on the perceived legitimacy of the system to both insiders and outsiders. From the early work of Jan Paulsson in the 1990s1 to the recent keynote address of Sundaresh Menon at an International Council for Commercial Arbitration (ICCA) Congress,2 dozens of contributions have assessed the main actors, hotspots, and ways forward associated with ethics in international arbitration.3 The absence of a book-length treatment of this topic had begun to seem like a gap in the scholarship. This is the gap that Professor Catherine A. Rogers fills with Ethics in International Arbitration , and she does this beautifully. A well-known scholar of professional ethics and international arbitration, Professor Rogers builds on her previous insightful scholarship4 to answer contemporary questions about the ethical duties and professional conduct of participants in the arbitral system. Her general thesis is that international arbitration should be self-regulated, that is, that stakeholders should play a primary role in the ethical regulation of the system. Her book is arranged in two parts. The first part (Chapters 1–5) offers a detailed review of ethical issues arising in the system, particularly for arbitrators, counsel, experts, and third-party funders. The second part (Chapters 6–10) sets forth a theoretical framework based on self-regulation and the ‘functional theory’, which is utilized to develop a potential regulatory regime for ethics in international arbitration. The 10 chapters of the book have different objectives, which are for the most part very effectively met. In Chapters 1, 6, and 10, Professor Rogers takes on the role of a sociologist of the (international) legal profession. In the opening chapter, … fabien.gelinas{at}mcgill.ca

Advocacy in International Commercial Arbitration, edited by Elliott Geisinger & Guillaume Tattevin

Advocacy in International Commercial Arbitration , edited by Elliott Geisinger & Guillaume Tattevin, ASA Special Series No 36, JurisNet, LLC 2013. This volume brings together various initiatives of the Swiss Arbitration Association relating to arbitral advocacy. These initiatives include the Association Suisse de l'Arbitrage (ASA) Charter of Advocacy in International Commercial Arbitration, the ASA Prize for Advocacy in International Commercial Arbitration, as well as institutional advocacy training in Switzerland. The book also includes supporting material in the form of the laudatorio for the 2010 and 2012 winners of the ASA Prize for Advocacy (respectively, Franz Schwarz and Philippe Pinsolle), brief descriptions of the advocacy training offered by the Swiss Arbitration Academy, the Foundation for International Advocacy and the MIDS-Geneva LLM in international arbitration. There are also three more substantial essays being a review of issues raised by advocacy in international arbitration (Elliott Geisinger), a possible model for the regulation of professional conduct in international arbitration (Matthew Gearing and Sheila Ahuja), and an essay on advocacy training (Jeffrey Waincymer). Arbitral advocacy has attracted considerable discussion in professional circles in recent years. There have been a number of conferences devoted to the theme (most significantly the 2010 International Council for Commercial Arbitration (ICCA) conference in Rio de Janeiro) as well as books and articles. There have probably been a number of reasons for this interest. We are currently in a phase of attempted harmonization of different traditions in international arbitration and advocacy is a fertile field for different assumptions and practices between jurisdictions; the phenomenal success of the Willem C. Vis International Commercial Arbitration Moot is producing young lawyers with a much greater consciousness of the character and technique of advocacy, as well as stimulating an overdue attention to the systematic training and preparation of lawyers in arbitral advocacy; and the drive for efficiency and savings of time and cost in arbitration has focused attention on forensic practices that might needlessly consume time … d.cairns{at}bcremades.com

18th ICCA Congress "International Arbitration 2006: Back To Basics?", organised by the International Council for Commercial Arbitration (ICCA) - Montreal (Quebec) - 31 May to 3 June 2006.

18th ICCA Congress “International Arbitration 2006: Back To Basics?”, organised by the International Council for Commercial Arbitration (ICCA) - Montreal (Québec) - 31 May to 3 June 2006. Get access Uniform Law Review, Volume 11, Issue 1, January 2006, Pages 166–167, https://doi.org/10.1093/ulr/11.1.166 Published: 01 January 2006

17TH ICCA Conference, organised by the International Council for Commercial Arbitration (ICCA) and hosted by the China International Economic and Trade Arbitration Committee - Beijing (China), 16-18 May 2004.

17TH ICCA Conference, organised by the International Council for Commercial Arbitration (ICCA) and hosted by the China International Economic and Trade Arbitration Committee - Beijing (China), 16-18 May 2004.

International Council for Commercial Arbitration (ICCA) Conference 2000 'International Arbitration and National Courts: A Never Ending Story' New Delhi 2-4 March, 2000

International Council for Commercial Arbitration (ICCA) Conference 2000 'International Arbitration and National Courts: A Never Ending Story' New Delhi 2-4 March, 2000

International Arbitration and National Courts: The Never Ending Story - ICCA Conference 2000, New Delhi (India), 2-4 March 2000. Conference organised by the International Council for Commercial Arbitration (ICCA) and hosted by the Indian Council of Arbitration.

International Arbitration and National Courts: The Never Ending Story - ICCA Conference 2000, New Delhi (India), 2-4 March 2000. Conference organised by the International Council for Commercial Arbitration (ICCA) and hosted by the Indian Council of Arbitration.

The 1958 New York Convention as a Model for Subsequent Legislative Texts on Arbitration

THE FOLLOWING is the text of UN Secretary-General Kofi Annan's opening address delivered at the New York Convention Day on 10 June 1998:* ‘It gives me pleasure to welcome you to this special meeting of the United Nations Commission on International Trade Law (UNCITRAL) devoted to the New York Convention. On this day 40 years ago, a diplomatic conference convened by the United Nations in New York concluded the Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Today's meeting marks that anniversary and offers an opportunity to review our experience with the Convention, to take stock of current issues in the field and to consider our future work. We are honoured that leading arbitration practitioners and experts are here today to share with us their views. I would like to welcome two distinguished experts who participated in the drafting of the Convention as government delegates: Professor Pieter Sanders, of the Netherlands, and Dr Ottoarndt Glossner, of the Federal Republic of Germany. I am also happy to greet Mr Fali Nariman, President of the International Council for Commercial Arbitration (ICCA), as well as his colleagues on the Council. The ICCA has championed the cause of international commercial arbitration for some 25 years, contributing greatly to the work of …

World Business Law Conference (International Conference organised by the Federation of Indian Chambers of Commerce and Industry F(ICCI), supported by the Indian Council of Arbitration (ICA), the International Council for Commercial Arbitration (ICCA) and the London Court of International Arbitration (LCIA)) - New Delhi, 31 October 1997

Journal Article World Business Law Conference (International Conference organised by the Federation of Indian Chambers of Commerce and Industry F(ICCI), supported by the Indian Council of Arbitration (ICA), the International Council for Commercial Arbitration (ICCA) and the London Court of International Arbitration (LCIA)) – New Delhi, 31 October 1997 Get access Uniform Law Review, Volume 2, Issue 4, December 1997, Pages 763–764, https://doi.org/10.1093/ulr/2.4.763 Published: 01 December 1997

International Handbook on Commercial Arbitration: Supplement 23 (England) by V.V. Veeder QC

The International Council for Commercial Arbitration, more commonly known as ICCA, was founded in the early 1960s when the ‘Cold War’ was at its height. Its founding fathers included distinguished personalities from the legal professions on both sides of the ideological divide, and it became amongst other things an important vehicle for East-West communications across a wide spectrum of international trade-related topics. Since arbitration was the preferred method of dispute resolution in trade between entities within the COMECON bloc (the judicial systems being generally ill-equipped to handle such cases), each side had much to learn from the other – and together they performed a pivotal role in promoting the UN Convention on Recognition and Enforcement of Foreign Awards of 1958 and the less successful European Convention of 1961. ICCA is perhaps best known now for its biennial congresses and conferences at which serious analytical papers on the international dispute resolution...

A.J. Van Den Berg (ed.), Planning Efficient Arbitration Proceedings: The Law Applicable in International Arbitration, International Council for Commercial Arbitration, Congress Series No. 7, Kluwer Law International, The Hague/ London/Boston, 1996, xi + 616 p., ISBN 9041102248, with a free-standing Supplement containing Y. DERAINS, Some Special Features of the Law of Civil States Relevant for the Practice of Arbitration, 12

A.J. Van Den Berg (ed.), Planning Efficient Arbitration Proceedings: The Law Applicable in International Arbitration, International Council for Commercial Arbitration, Congress Series No. 7, Kluwer Law International, The Hague/ London/Boston, 1996, xi + 616 p., ISBN 9041102248, with a free-standing Supplement containing Y. DERAINS, Some Special Features of the Law of Civil States Relevant for the Practice of Arbitration, 12 p. Get access A.J. Van Den Berg (ed.), Planning Efficient Arbitration Proceedings: The Law Applicable in International Arbitration, International Council for Commercial Arbitration, Congress Series No. 7, Kluwer Law International, The Hague/ London/Boston, 1996, xi + 616 p., ISBN 9041102248, with a free-standing Supplement containing Y. DERAINS, Some Special Features of the Law of Civil States Relevant for the Practice of Arbitration, 12 p. Lena Peters Lena Peters Search for other works by this author on: Oxford Academic Google Scholar Uniform Law Review, Volume 2, Issue 3, August 1997, Pages 642–643, https://doi.org/10.1093/ulr/2.3.642-a Published: 01 August 1997

Streamlining Arbitral Proceedings: Some Techniques of the Iran-United States Claims Tribunal

ALMOST TEN years ago there was a programme in London on arbitration sponsored jointly by the Inns of Court, the Law Society and the visiting American Bar Association. In my remarks on that occasion, I expressed concern over the slow pace of some arbitral proceedings, particularly in complex international commercial disputes.1 This year when I was kindly invited to present the Freshfields Arbitration Lecture, it occurred to me that this might be an appropriate opportunity to review the situation, to see what, if any, progress the arbitration community has made during the past decade toward achieving more efficient conduct of cases. When discussing this subject in London ten years ago, I spoke of the sloth and the dinosaur, cautioning that we must not allow arbitration to be as slow as the sloth or as cumbersome – and therefore as obsolete – as the dinosaur.2 Reassessing the situation today, I suggest that while all international arbitrations may have not yet developed the swiftness of the gazelle, some progress has been made toward curing the slothfulness of arbitrations and averting the fate of the dinosaur. Perhaps the most significant development in this regard has been an increasing recognition by the arbitration community – users, practitioners and arbitrators – that there is a pressing need to improve the efficiency of arbitral proceedings. In a group as resourceful as the arbitration community, attention to problems is likely to beget solutions, and, therefore, it is encouraging that this has become a popular subject for discussion. International conferences now concern themselves not only with traditional topics such as arbitrability, enforceability and law reform, but are beginning to focus on how to achieve more efficient conduct of cases. For example, the Congress of the International Council for Commercial Arbitration (ICCA) to be held in Vienna …

The ICC Arbitration Rules and the UNCITRAL Model Law

THE ADOPTION in 1985 by the United Nations Commission on International Trade Law (‘UNCITRAL’) of a model law on international commercial arbitration (the ‘Model Law’) was a seminal event in the modern history of international arbitration. It was also an event that was encouraged, and welcomed, by international arbitral institutions such as the International Chamber of Commerce (the ‘ICC’). Although the ICC took no formal part in the elaboration of the Model Law, it was closely associated with its development. Indeed, UNCITRAL's decision to commence work on the Model Law followed a consultative meeting in Paris in September 1978 with representatives of the ICC's Commission on International Arbitration as well as the Asian–African Legal Consultative Committee (the ‘AALCC’) and the International Council for Commercial Arbitration (‘ICCA’).1 The participants at that meeting, including the representatives of the ICC, were of the unanimous view2 ‘… that it would be in...

The UNCITRAL Model Law: A German Perspective

(1) On 11 December 1985, the General Assembly of the United Nations recommended that all Member States give due consideration to the Model Law on International Commercial Arbitration when formulating their own arbitration laws.2 The Model Law had been drafted by a working party of the United Nations Commission on International Trade Law (UNCITRAL) and adopted by UNCITRAL on 21 June 1985.3 The working party made use of the advice and experience of numerous experts in the field of international arbitration and of important arbitration institutions, such as the International Council for Commercial Arbitration (ICCA), the Asian-African Legal Consultative Committee (AALCC), the International Chamber of Commerce in Paris (ICC) and the Chartered Institute of Arbitrators in London (CIArb).4 The object of the Model Law is outlined by the General Assembly of the United Nations as follows: ‘In view of the desirability of uniformity of the law of arbitral procedures and the specific needs of international commercial arbitration practice’.5 The object is thus two-fold: on the one hand, to harmonise national arbitration laws for international arbitration and, furthermore, to set up rules which meet present requirements of international arbitration.

Arbitration in Settlement of International Commercial Disputes Involving the Far East and Arbitration in Combined Transportation (ICCA Congress Series no. 4), General Editor Pieter Sanders

Arbitration in settlement of international commercial disputes involving the Far East and Arbitration in combined transportation (ICCA Congress Series no. 4), General Editor Pieter Sanders. Published by Kluwer, Law and Taxation Publishers, Deventer, The Netherlands (1989, X and 427 pp., incl. Preface and Contents ). Paperback. Price, UK £47; US $77. At first, it is a little surprising to find an international conference on arbitration being held in a country in which the practice of arbitration is little known – and indeed, is described by a word (chusai) which includes mediation an conciliation, as well as arbitration properly so-called. Yet the International Council for Commercial Arbitration (‘ICCA’) is an international organisation with a mission. Part of its mission is to move to the ‘new frontiers’ of arbitration, including countries and regions where, as its President Professor Bernini describes it, ‘arbitration is sometimes still in its infancy;’ and so, for its last conference, ICCA went to Tokyo. There, judging from this Report, arbitration is indeed in its infancy. Within Japan, arbitration is ‘not a dispute resolution device to which merchants have commonly resorted’, according to Professor Taniguchi; and, outside the commercial field, it is ‘not a popular method of dispute resolution either’. It sounds as if the infant will be fortunate to survive! Yet there is hope. The increasing internationalisation of business is good for arbitration, which functions best as a ‘neutral’ method of resolving international trade disputes, an effective alternative to purely national courts. According to Professor Taniguchi: > If the age of arbitration has not yet started in Japan, it is certainly about to do so. It seems about to do so in other areas of Asia, too. We are told that in Malaysia, for example, the Kuala Lumpur Regional Arbitration Centre which …

Applicable Law in International Arbitration: The Iran-U.S. Claims Tribunal Experience

International commercial arbitration is being enthusiastically promoted throughout the international legal community. Congresses and conferences abound; over three hundred delegates attended the 1988 Tokyo conference of the International Council for Commercial Arbitration. New arbitration journals proliferate. New international arbitration centers compete for business, particularly around the Pacific Rim in such locations as Hong Kong (opened in 1985), Los Angeles (1985), Melbourne (1985) and Vancouver (1986).

Yearbook: Commercial Arbitration (Vol. XII, 1987) with Yearbook Key (1987). Albert Jan van den BERG, general editor. Published under the auspices of the International Council for Commercial Arbitration with the cooperation of the T.M.C. Asser Institute. Deventer, Netherlands: Kluwer, 1987. Pp. xxi, 605 (Pp. 189, Yearbook Key). Dfl. 180.00; US $89.00; UK £55.00.

Yearbook: Commercial Arbitration (Vol. XII, 1987) with <b>Yearbook Key</b> (1987). Albert Jan van den BERG, general editor. Published under the auspices of the International Council for Commercial Arbitration with the cooperation of the T.M.C. Asser Institute. Deventer, Netherlands: Kluwer, 1987. Pp. xxi, 605 (Pp. 189, <b>Yearbook Key</b>). Dfl. 180.00; US $89.00; UK £55.00.

Yearbook Commercial Arbitration, Volume X - 1985, ICCA, General Editor: Pieter Sanders, and International Handbook on Commercial Arbitration, ICCA, General Editior: Pieter Sanders

Yearbook Commercial Arbitration, Volume X – 1985, ICCA, General Editor: Pieter Sanders Professor. Published by Kluwer, Netherlands (1985, xxx and 604 pp). Price £33. International Handbook on Commercial Arbitration, ICCA, General Edition: Pieter Sanders Professor. Published by Kluwer,Netherlands (1984, 516 pp ). Basic binder Dfl. 185, US $ 74. Future supplements at page price Dfl . 0,50; 20 dollar cents . It is remarkable to think that the now familiar Yearbook of Commercial Arbitration has reached its tenth volume. The first volume appeared in 1976 and was borne of the initiative of the International Council for Commercial Arbitration (ICCA) at the New Delhi congress 1975. Under the expert, industrious and sympathetic superintendence of Professor Pieter Sanders the series has flowered into a major international publication offering indispensible assistance to practitioners and others in the field of international commercial arbitration by making available in a single source and in a convenient form a seemingly limitless library of highly relevant information, decisions and materials. The tenth volume assumes a particular and poignant significance. It is the last to appear under the general editorship of Professor Pieter Sanders. The contribution of Professor Sanders to the intellectual and functional development of international commercial arbitration is indelibly established and highly acclaimed. He stands as auctor interlectualis of the Yearbooks, and although this would have been more than ample labour for most mortals, it is but a small part of his total and continuing contribution. On the occasion of his standing down, the reviewer is confident that he enjoys the support of his readership in taking the opportunity offered by this review to recognise the debt owed to Professor Sanders and to express the gratitude of the academic and commercial communities for his many and various invaluable contributions; and in particular for launching and establishing on so firm a platform the Yearbook volumes. As for the future, the reins are to pass to Dr Albert Jan van den Berg, who has himself been involved with the Yearbooks for many years, and this seems also an appropriate moment to wish the new general editor every success in his new position. The need for the Yearbooks, and therein the …

Yearbook Commercial Arbitration. Volume IX—1984. Pieter Sanders, General Editor. Published under the auspices of the International Council for Commercial Arbitration. Deventer: Kluwer Law and Taxation Publishers, 1984. Pp. xxviii, 539. Dfl.95; $38.

Yearbook Commercial Arbitration. Volume IX—1984. Pieter Sanders, General Editor. Published under the auspices of the International Council for Commercial Arbitration. Deventer: Kluwer Law and Taxation Publishers, 1984. Pp. xxviii, 539. Dfl.95; $38. - Volume 79 Issue 4