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www.icdr.org | 1 BECOMING A “PREFERRED” SEAT OF ARBITRATION: CRITERIA AND EXAMPLES Mark Appel 27 September 2013 ABA 5 th Annual Moscow Dispute Resolution Conference
www.icdr.org | 1
BECOMING A “PREFERRED” SEAT OF ARBITRATION: CRITERIA AND EXAMPLES
Mark Appel27 September 2013
ABA 5th Annual Moscow Dispute Resolution Conference
www.icdr.org | 2
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
www.icdr.org | 3
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
www.icdr.org | 4
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
www.icdr.org | 5
Thank You
Mark AppelSenior Vice President
Europe, Middle East, AfricaInternational Centre for Dispute Resolution
T: +356 99 54 77 99E: [email protected]
