Current Hot Topics in International Arbitration

The UIA is proud to present a seminar on current issues in international arbitration with the Danish Arbitration Association, the Danish Arbitration Institute, the Association of Danish Law Firms and the Danish Bar and Law Society in Copenhagen, providing an occasion to combine an exciting discussion of international arbitration with a visit to one of the world’s loveliest cities.

International arbitration is constantly evolving and this seminar aims to help practitioners and users of arbitration alike to consider several recent developments that could have far-reaching effects on the way in which arbitration is practised.

The seminar will be divided into four sessions. The first will deal with the question of enforcement. It is a truism that an arbitral award is more easily enforceable in a country other than the place where the award was made than a judgment of a state court because of the provisions of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958.

There has been much debate as to whether the New York Convention needs amendment (or even replacement) and the case of Dallah v Pakistan in the United Kingdom Supreme Court was a source of considerable controversy about the role of the court of the country where enforcement of a foreign arbitral award is sought. How far can the enforcement court reopen the findings of the arbitral tribunal? How far should it defer to the tribunal’s findings? How can a party that unsuccessfully challenged the jurisdiction of the arbitral tribunal do so again before the enforcement court?

The second and third sessions will deal with different ways in which the European Union has an effect on arbitration. All lawyers practicing in the EU will know of the all-pervasive effect of EU law on every aspect of legal life. Arbitration is no exception and sessions 2 and 3 will examine two topical aspects of this influence and where it could lead.

Session 2 will deal with the very important topic of arbitration under investment treaties. There are two themes to be discussed here. First, the European Union is seeking to stop claims being brought under investment treaties between member states of the EU. This would mean that any claim by an investor based in one member state would have to bring its grievances before the local courts of the state against which it complains. Is this fair to investors? On the other hand, is it right that investment protection treaties exist between fellow members of the EU? Secondly, the second session will deal with the new competence in foreign direct investment given to the European Union by the Treaty of Lisbon. Pursuant to this new competence, the EU proposes to replace investment-protection treaties between EU member states and third countries with its own, EU-wide, treaties, with an interim period in which the existing treaties will remain in place. Will this provide adequate protection to EU-based investors who invest in third countries? Will those third countries accept the abrogation of their treaties with individual member states and agree to renegotiate new ones with the EU?

Session 3 deals with the often vexed relationship between Council Regulation (EC) No 44/2001 on the recognition and enforcement of judgments in civil and commercial matters (the Brussels I Regulation) and international arbitration. The Commission has published a proposal to review the Brussels I Regulation including the arbitration exclusion. This could have very far-reaching effects on the way in which arbitration is carried out in the EU and its attractiveness as a seat for international arbitrations. The decision of the European Court of Justice in West Tankers forms the backdrop for this fascinating debate.

The fourth session will focus on Scandinavia and the considerable contribution its constituent countries have made to the development of international arbitration. We have practitioners from Denmark, Sweden and Finland to discuss this topic and the central role played by the Scandinavian jurisdictions in international arbitration.

After each session there will be an ample opportunity for questions and discussion between members of the audience and the panelists. There will be plenty of scope for provocative and stimulating debate.

Please download the programme and the registration form