Arbitration Team Coffee Break

Events

Winds of Change for Arbitration in Italy, 14 March 2023

Join the Swiss Arbitration Association, the Swiss Arbitration Centre and the Milan Chamber of Arbitration in the presentation of recent reforms and innovations for arbitration in Italy, including the revision of the Arbitration Rules of the Milan Chamber of Arbitration in force since 2020 and the reform of the Italian arbitration law in 2022, in force as of 1 March 2023. A roundtable with arbitration practitioners will follow, discussing other relevant trends and topics of international arbitration practice.

The event will take place on 14 March 2023 in Geneva, Switzerland. Registration is open.

R.E.A.L. annual conference, 15 March 2023

Racial Equality for Arbitration Lawyers (R.E.A.L.), where our Federica Bocci seats as chair of no. 5 committee, will host an online annual conference celebrating its second anniversary. Hot international arbitration topics will be address by the keynote speakers María Inés Corrá and Montserrat Manzano, as well as in the breakout rooms where attendants will have the chance to discuss with renowned practitioners such as Valentine Chessa, Perenami Momodu, Edna Sussman, and Gbolahan Elias.

Save the date and check out the Zoom Link here!

7th ICC European Conference on International Arbitration, 27-29 March 2023

The 7th ICC European Conference on International Arbitration will take place between 27 and 29 March 2023. The event marks the centenary of the International Chamber of Commerce and during the Paris Arbitration Week. Topics to be discussed include: the future of dispute resolution, the need for balance between transparency and confidentiality, the impact on arbitration of the changes in regulatory and compliance landscapes, and the energy transition. Registration is open.

 

News

Diversity and inclusion in the new CEPANI arbitration rules

The Belgian Centre for Arbitration and Mediation (CEPANI) has recently modify its rules, expressly providing for the consideration of diversity and inclusion when appointing arbitrators as an explicit requirement. Check out more here.

ICSID caseload statistics 2022

ICSID has released its caseload statistics as of 31 December 2022. There were 41 administered cases in 2022, a sharp decrease compared to 2021 (when there were 66 administered cases – the highest record since 1972). Here is the full report.

 

Book review

The recently published book “Recognition and Enforcement of Foreign Arbitral Awards”, by prof. Franco Ferrari, Dr. Friedrich Rosenfeld and prof. Charles T. Kotuby, Jr.

This week, we had the chance to read the brand-new manual “Recognition and Enforcement of Foreign Arbitral Awards” by prof. Franco Ferrari, Dr. Friedrich Rosenfeld and prof. Charles T. Kotuby, Jr., published by Elgar in January 2023.

The volume contains a concise yet complete description of the uniform regime of recognition and enforcement of foreign arbitral awards (and arbitration agreements, as the manual specifies) under the 1958 New York Convention.

In particular, in the first Chapter, following an overview of the New York Convention’s regime, the authors describe the New York Convention as an international treaty of uniform law (also providing other examples of this type of instrument, such as the ICSID Convention of 1965, the European Convention of 1961, and the Panama Convention of 1975) and prove that the treaty should be interpreted based on international rules of interpretation, notwithstanding the applicability of domestic laws, if necessary.

The following chapters deal with the duty to recognize and enforce arbitral awards, the limitations, and the grounds for refusal, as related to:

• jurisdiction (Chapter 5)
• proper notice and the ability to present one’s case (Chapter 6)
• procedure (Chapter 7)
• award’s status under the law applicable to it (Chapter 8)
• public policy (Chapter 9)

Lastly, Chapter 10 describes the procedure to be followed and the necessary formal requirements to recognize and enforce a foreign arbitral award.

The manual is a useful tool for beginners wishing to deepen their knowledge of one of the main instruments of arbitration law, and for experts and practitioners, since it sets out in a few pages the main issues to be dealt with when it comes to recognizing or enforcing an arbitration award issued in a foreign state. 

 

Good to know

Check out the overview by our Federica Bocci about international arbitration disputes in intellectual property matters, their arbitrability and the benefits of international arbitration compared to state court proceedings when it comes to intellectual property disputes.