50 likes | 166 Views
BECOMING A “ PREFERRED ” SEAT OF ARBITRATION: CRITERIA AND EXAMPLES . Mark Appel 27 September 2013 ABA 5 th Annual Moscow Dispute Resolution Conference. The ICDR Experience. No institutional preference for particular cities or states
E N D
BECOMING A “PREFERRED” SEAT OF ARBITRATION: CRITERIA AND EXAMPLES Mark Appel 27 September 2013 ABA 5th Annual Moscow Dispute Resolution Conference
The ICDR Experience • No institutional preference for particular cities or states • Strong institutional policy in favor of building local capacity through education, training and partnership • Number of seats (2012): 25 • Historically preferred places of arbitration
Key Considerations for Parties • Judiciary – international reputation and perception • Independent, impartial, competent, predictable • Does not favor domestic parties and/or interfere in arbitrations • Track record of respecting NY Convention and other international standards/treaties • Speed of courts in deciding cases (months or years?) • Supportive statutory framework • Mirroring international expectations of process • Establishing public policy support for arbitration • Creating clear and limited role for judiciary • Creating effective enforcement regime
Key Considerations for Parties • Easily accessible • Visas not required for hearing attendance or can be obtained quickly and inexpensively • Regular intercontinental flights • Modern hotel and hearing facilities • Freedom of advocate choice • Parties not obligated to obtain domestic counsel
Thank You Mark Appel Senior Vice President Europe, Middle East, Africa International Centre for Dispute Resolution T: +356 99 54 77 99 E: AppelM@adr.org