International Commercial Arbitration – Lost? Take a glance at our Road Map! – Part I
By Patrizia Giannini, S4B Solutions 4 Business
In general – or, roads you can drive down in your sleep! – International commercial arbitration (ICA) involves a business-related dispute among citizens of different nation-states, including investor-state arbitration between foreign private parties and state entities, according to bilateral investment treaties (BITs). ICA is private, but parties may contest the agreement to arbitrate, or the award, in Court.
The Arbitration Agreement is usually one paragraph in a contract and requires a panel of arbitrators to reach a binding award, which a party may move to set aside. The award will be recognised and enforceable in states where the debtor has assets.
First Rule: follow the applicable convention – or, keep your eyes on the road! – Most countries are signatories to The New York Convention, one of the most successful treaties ever. Controlling rules also are in UNCITRAL, ICC Rules and Bilateral Investment Treaties (BITs).
Some leading ICA institutions – or, who’s going to be your passenger and share some driving? – For example: International Chamber of Commerce (ICC), International Centre for Dispute Resolutions (ICDR-AAA), Milan Chamber of Arbitration (CAM).
Arbitrator Ethics and Challenges – roadside help or roadside trouble? – Strategise the timing of raising a challenge! Arbitration proceedings—maps or satellite navigational system – or
BOTH? – Different rules for Civil/Common law, as well as particular nations’ interpretation. There are differences in Institutional Rules regarding experts (right to cross-examine?—if tribunalappointed?) and for taking evidence.
Follow this road map – more details to follow, but don’t be afraid to ask for directions!
S4B Solutions 4 Business, Rome, Italy
T: +39 06 323 07 27
Attorney Patrizia Giannini, became certified by the Italian Bar in 1997, having graduated from law school in 1994 followed by a two-year clerkship in 1996. She was admitted to practice in the Italian Supreme Court in 2009. She is Adjunct Professor at the La Sapienza University, Rome, for Civil Law (contract, family, wills/trusts). She is also Civil Arbiter appointed by the Court of Rome and a courtappointed Judicial Administrator as well as being appointed to the Curatore Fallimentare, the official register of trustees/receivers to businesses in receivership. She is the Regional Chairperson, Europe of GGI’s IDR PG.
Giannini Law Firm, partnered with S4B Solutions for Business, is based in Rome. Practice areas include private/corporate civil practice, ADR, insurance law, bankruptcy/receivership, real estate, inheritance law, family, divorce and juvenile law.
published: October 2014