This document summarizes a presentation on arbitrating in Ireland. It discusses Ireland's arbitration laws pre-2010, key figures who advocated for reform, the Attorney General's 2007 symposium that found the laws needed updating, the 2008 Arbitration Bill, and the significant developments brought by the 2010 Arbitration Act, including adopting the UNCITRAL Model Law. The summary highlights Ireland's attractiveness as a venue due to its combination of the Model Law, common law system, use of English, and status under the New York Convention.
Blake Lapthorn and Hardwicke Chambers social housing seminar 9 February 2011Blake Morgan
The document discusses the impact of the Human Rights Act 1998 and the Pinnock case on registered social housing providers and local housing authorities in the UK. It covers how the Act allows individuals to raise human rights complaints in UK courts rather than the European Court of Human Rights. It examines Article 8 of the European Convention on Human Rights regarding respect for private and family life, and how housing authorities must act in accordance with this right when pursuing evictions. It also discusses the 'Gateway A' and 'Gateway B' defences that can be used to challenge evictions based on proportionality and an individual's circumstances.
Recommendations on Ukraine’s Accession to Hague Trust Convention (1985)Natalia Perestyuk
“the first serious attempt in 600 years to bridge the gap of the “English Channel” (known in French as La Manche) in the field of fiduciary law" D.W.M.Waters, 1995
City of London Law Society - Construction Law Committee - Response to Retenti...Francis Ho
RESPONSE OF THE CITY OF LONDON LAW SOCIETY CONSTRUCTION LAW COMMITTEE TO THE DEPARTMENT FOR BUSINESS, ENERGY & INDUSTRIAL STRATEGY'S CONSULTATION ON THE PRACTICE OF CASH RETENTION UNDER CONSTRUCTION CONTRACTS
This document discusses Mongolia's legal environment and international trade. It covers Mongolia's Romano-Germanic legal tradition, its court system including levels of courts and training for judges. The development of business and international trade law is also examined, including key legislation and Mongolia's accession to the WTO. Main trade related laws are listed and foreign investment framework and trends are outlined. Finally, dispute resolution options are mentioned including the national arbitration court and international litigation under the New York Convention.
This document discusses international legal frameworks for enforcing arbitral awards, mediation agreements, forum selection clauses, and foreign judgments, with a focus on Asia. It outlines conventions like the New York Convention for arbitral awards and the Singapore Convention for mediation agreements. While enforcement across borders can be challenging, the document explains that frameworks like these conventions have made enforcement easier over time. Greater participation in conventions like the Singapore and Hague Choice of Court conventions could further facilitate cross-border dispute resolution.
This document discusses international investment law regarding expropriation provisions and sustainable development. It begins by defining direct, indirect, and "tantamount to" expropriation under bilateral and multilateral investment treaties. It then analyzes how recent cases have balanced investment protection and host state regulatory discretion. The document concludes that while expropriation standards were initially over-inclusive, restricting host state regulation, there is a trend of limiting investor protection to enable sustainable development goals through legislation.
City of London Law Society - Submittal to BEIS on Statutory Retention Deposit...Francis Ho
A supplemental submission from the City of London Law Society's Construction Law Committee sent to the Department for Business, Energy & Industrial Strategy (BEIS) on 3 December 2018 regarding potential proposals to introduce a statutory retention deposit scheme for construction contracts in the United Kingdom.
This presentations discusses the finer aspects of how VAT was being levied on Works contract. And the controversies related to the judgement of Gannon Dunkerly, options available for deductions under VAT for composite contracts
Blake Lapthorn and Hardwicke Chambers social housing seminar 9 February 2011Blake Morgan
The document discusses the impact of the Human Rights Act 1998 and the Pinnock case on registered social housing providers and local housing authorities in the UK. It covers how the Act allows individuals to raise human rights complaints in UK courts rather than the European Court of Human Rights. It examines Article 8 of the European Convention on Human Rights regarding respect for private and family life, and how housing authorities must act in accordance with this right when pursuing evictions. It also discusses the 'Gateway A' and 'Gateway B' defences that can be used to challenge evictions based on proportionality and an individual's circumstances.
Recommendations on Ukraine’s Accession to Hague Trust Convention (1985)Natalia Perestyuk
“the first serious attempt in 600 years to bridge the gap of the “English Channel” (known in French as La Manche) in the field of fiduciary law" D.W.M.Waters, 1995
City of London Law Society - Construction Law Committee - Response to Retenti...Francis Ho
RESPONSE OF THE CITY OF LONDON LAW SOCIETY CONSTRUCTION LAW COMMITTEE TO THE DEPARTMENT FOR BUSINESS, ENERGY & INDUSTRIAL STRATEGY'S CONSULTATION ON THE PRACTICE OF CASH RETENTION UNDER CONSTRUCTION CONTRACTS
This document discusses Mongolia's legal environment and international trade. It covers Mongolia's Romano-Germanic legal tradition, its court system including levels of courts and training for judges. The development of business and international trade law is also examined, including key legislation and Mongolia's accession to the WTO. Main trade related laws are listed and foreign investment framework and trends are outlined. Finally, dispute resolution options are mentioned including the national arbitration court and international litigation under the New York Convention.
This document discusses international legal frameworks for enforcing arbitral awards, mediation agreements, forum selection clauses, and foreign judgments, with a focus on Asia. It outlines conventions like the New York Convention for arbitral awards and the Singapore Convention for mediation agreements. While enforcement across borders can be challenging, the document explains that frameworks like these conventions have made enforcement easier over time. Greater participation in conventions like the Singapore and Hague Choice of Court conventions could further facilitate cross-border dispute resolution.
This document discusses international investment law regarding expropriation provisions and sustainable development. It begins by defining direct, indirect, and "tantamount to" expropriation under bilateral and multilateral investment treaties. It then analyzes how recent cases have balanced investment protection and host state regulatory discretion. The document concludes that while expropriation standards were initially over-inclusive, restricting host state regulation, there is a trend of limiting investor protection to enable sustainable development goals through legislation.
City of London Law Society - Submittal to BEIS on Statutory Retention Deposit...Francis Ho
A supplemental submission from the City of London Law Society's Construction Law Committee sent to the Department for Business, Energy & Industrial Strategy (BEIS) on 3 December 2018 regarding potential proposals to introduce a statutory retention deposit scheme for construction contracts in the United Kingdom.
This presentations discusses the finer aspects of how VAT was being levied on Works contract. And the controversies related to the judgement of Gannon Dunkerly, options available for deductions under VAT for composite contracts
This document discusses judicial cooperation in cross-border insolvency cases involving corporate groups. It presents a hypothetical case study of a multinational corporate group undergoing insolvency proceedings where different jurisdictions refuse cooperation. The panel discusses alternatives courts have when facing non-cooperation and whether a procedural insolvency convention could better address jurisdictional conflicts seen in recent large cross-border insolvencies. Many nations support a limited procedural convention to ensure cooperation without harmonizing substantive bankruptcy laws.
This document discusses Mongolia's legal environment and international trade. It covers Mongolia's Romano-Germanic legal tradition, its court system including levels of courts and training for judges. The development of business and international trade law is also examined, including key legislation and Mongolia's accession to the WTO. Main trade related laws are listed and foreign investment framework and trends are outlined. Finally, dispute resolution options are mentioned including the national arbitration court and international litigation under the New York Convention.
The hallmark of international commercial arbitration is the right of parties to select the law to govern their dispute. However, choice of law or party autonomy is subject to limits. Sometimes arbitrators are obliged to apply the mandatory law of a jurisdiction contrary to the will of one or more of the parties. The scope of these issues was discussed by Igor Ellyn in a presentation to the NY State Bar Association and Cornell University at the Bloomberg Center in New York in March 2008. These power point slides summarize the presentation.
Looking forward in international arbitration Rebecca Davis
The document discusses several trends and challenges in international commercial dispute resolution, including the increasing popularity and use of mediation, the rise of specialized domestic commercial courts that can rival arbitration, and issues with the investor-state dispute settlement system like forum shopping and inconsistent decisions. Specialized domestic courts are becoming more viable options for resolving international disputes as their judgments gain easier enforcement. Investor-state arbitration faces challenges around inconsistent decisions and public backlash that systems like the proposed European Investment Court aim to address.
A copy of the slides from Richard Cooke of Birketts LLP presentation on the Bribery Act 2010 as presentated top ICE members on the evening of Tuesday 11th January 2011.
www.birketts.co.uk
R3 and Insol Europe International Restructuring ConferencePatrick N.Z. Rona
This document summarizes a presentation by Patrick N.Z. Rona on developing a global insolvency convention. It discusses the shortcomings of existing instruments like the UNCITRAL Model Law and argues that a convention would provide stronger universalism and reciprocity. A convention could address issues like recognition of foreign proceedings, cooperation between courts, and treatment of multinational corporate groups. The benefits would be greater certainty and a more consistent international framework for cross-border insolvencies.
This document outlines an agenda for a panel discussion on preparing for the next global economic crisis and facilitating cross-border restructuring. The panel will discuss the EU Insolvency Regulation's approach of "modified universalism" and experiences with cross-border insolvency cases in Europe. Panelists include experts from the EU Commission, international law firms, and a trustee involved in large insolvency cases. They will address efforts at the UN, EU, and national levels to reform insolvency laws and whether legal frameworks have achieved universalism within Europe or are still hindered by territorial approaches outside of Europe. The effectiveness of treaties and remaining challenges to a universal insolvency convention will also be discussed.
This document provides an overview and introduction to trade remedies within the WTO system, including antidumping, subsidies, and safeguard measures. It discusses Willkie Farr & Gallagher, a law firm specializing in international trade remedies cases. The document outlines the historical development and increased frequency of use of trade remedies. It then provides more detailed summaries of the rules and agreements governing antidumping, countervailing duties, subsidies, and safeguard measures within the WTO.
Investment_law (3).pptl FOR law studentsSagniAshenafi
This document outlines the topics and readings for two lectures on international investment law:
1) General issues of international investment law, discussing the development of the field, definition of key terms like "investor" and "investment", and types of investment contracts.
2) Minimum standards of treatment, examining case studies including TSA Spectrum de Argentina v Argentina, Metalclad v Mexico, Maffezini v Spain, ELSI (United States v Italy), and Saluka v Czech Republic.
Preparatory readings are suggested from textbooks and cases, as well as the Norwegian Government’s proposal for a model investment agreement and submissions to its public consultation.
Online and across borders: a net gain for technology companies?Gareth Dickson
A look at how recent judgments on jurisdiction might affect companies doing business online, together with some practical tips for how to make sure these rules do not catch you out
The English Arbitration Act 1996: Strengths and Limitations. Nick MarshRussian Arbitration Day
The English Arbitration Act 1996 marked a radical change in English arbitration law by consolidating existing statutes into a comprehensive statutory framework. It aims to facilitate fair, speedy and cost-effective dispute resolution through party autonomy and limited court intervention. While generally conforming to the UNCITRAL Model Law, the Act differs in some respects, such as including provisions specific to English law and having more prescriptive language. Critics argue it does not sufficiently reduce court intervention through appeal processes and jurisdiction challenges. Supporters view it as a success, and English courts as generally taking a pro-arbitration approach in their interpretation and application of the Act.
The English Arbitration Act 1996: Strengths and Limitations. Nick MarshRussian Arbitration Day
The English Arbitration Act 1996 marked a radical change in English arbitration law by consolidating existing statutes into a single, logical framework and reducing court intervention. It was influenced by the UNCITRAL Model Law but differs in some respects. While increasing efficiency and party autonomy, some argue it did not go far enough in limiting challenges and appeals. Overall, the Act has been successful in modernizing English arbitration law, though aspects like confidentiality and arbitrability could still be clarified.
Ministerial override certificates and the law fact distinction – A comparison...Hannah Vieira
The document discusses the approach of courts in Australia and the United Kingdom to Ministerial override certificates and the distinction between questions of fact and law. It summarizes key cases from the UK that established courts will review Ministerial overrides for jurisdictional error, and a Minister cannot simply disagree with an independent tribunal's factual findings without providing additional justification. The UK Supreme Court recently divided on whether a Minister could override a tribunal's decision to disclose certain letters from the Prince of Wales under the Freedom of Information Act.
The document discusses alternative dispute resolution options for construction contracts in Australia, focusing on single person dispute boards. It notes that standard construction contract forms in Australia are often heavily modified, potentially making risk allocation uncertain. While mediation and arbitration are commonly used for dispute resolution, less common options like single person dispute boards and dispute advisory services are discussed. The benefits of having dispute resolution processes embedded in contracts from the start and harmonized with legislation are outlined.
The document discusses the history and development of international commercial arbitration. It notes that arbitration first emerged in Europe in the 1920s to resolve international business disputes privately. Since then, various conventions and rules have been adopted to facilitate arbitration, including the New York Convention of 1958. The document outlines key definitions and concepts in international commercial arbitration such as the meaning of "international", different types of arbitration, and the laws that typically govern arbitration proceedings and awards. It also discusses important issues that commonly arise like jurisdictional questions and the interplay between procedural and substantive laws. The conclusion is that arbitration can replace court proceedings in India by offering faster and cheaper dispute resolution while allowing parties more flexibility and control over the process.
THE IMPORTANCE OF COMPLIANCE WITH INTERNATIONAL ANTI BRIBERY LAWS Eric Meijer
"The effects of the UK Bribery Act 2010 and other anti-bribery and corruption legislation are starting to make themselves felt. Purchasers of goods and services are imposing ever more stringent requirements on their suppliers. More and more often suppliers are required to have an Anti-Bribery Management System (“ABMS”) in place. Such a management system requires suppliers to train their personnel regarding bribery and corruption, to have proper procedures in place to prevent bribery and corruption, to undertake a due diligence of their business partners and to monitor and review the effectiveness of an ABMS on a regular basis. Some purchasers also require project specific ABMS’s to be in place to regulate the specific risks of the geographical region in which a project will be carried out. Suppliers that wish to comply with anti-bribery legislation should employ an anti-bribery officer. Unsurprisingly, demand from the market for anti-bribery compliance services is now rising fast”.
This document outlines the role and responsibilities of the Hungarian National Contact Point for the OECD Guidelines for Multinational Enterprises. It discusses establishing the NCP to promote the effectiveness of the Guidelines through activities like handling inquiries and resolving issues related to implementation. It also covers the core criteria of visibility, accessibility, transparency and accountability that NCPs must uphold, and how the Hungarian NCP plans to implement these criteria through its website, materials in Hungarian, awareness events, and international cooperation.
GATT (General Agreement on Tariff and Trade)Akshay Dhamija
GATT (General Agreement on Tariff and Trade)
Precursor organization to GATT, ITO, was first proposed in
February 1945 by the United Nations Economic and Social Council (UNESCO).
On 1 January 1948, the agreement was signed by 23 countries for the formation of GATT.
Total of 8 rounds was there, all are listed along with their respective year, venue and issues are mentioned in the sides.
This document summarizes the legal frameworks for warehouse financing in several sub-Saharan African countries and Madagascar. It finds that while some countries like Uganda and Côte d'Ivoire have legislation governing warehouse receipts, most countries rely on contractual principles. It identifies legal obstacles to warehouse financing and proposes solutions like negotiable receipts and electronic collateral registries. Finally, it discusses the advantages and disadvantages of legislated versus contractual approaches to regulating warehouse financing.
New media and co-regulation Bangkok TMPCChris Marsden
This document discusses internet co-regulation and constitutionalism. It examines different models of regulation including statutory regulation, co-regulation, and self-regulation. It also discusses challenges like ensuring civil society has a role, dealing with competing interests, and preventing self-regulation from being camouflaged. The document also analyzes recent examples and court cases related to defamation and privacy to understand how co-regulation is working in practice and its relationship to constitutional rights.
This document discusses judicial cooperation in cross-border insolvency cases involving corporate groups. It presents a hypothetical case study of a multinational corporate group undergoing insolvency proceedings where different jurisdictions refuse cooperation. The panel discusses alternatives courts have when facing non-cooperation and whether a procedural insolvency convention could better address jurisdictional conflicts seen in recent large cross-border insolvencies. Many nations support a limited procedural convention to ensure cooperation without harmonizing substantive bankruptcy laws.
This document discusses Mongolia's legal environment and international trade. It covers Mongolia's Romano-Germanic legal tradition, its court system including levels of courts and training for judges. The development of business and international trade law is also examined, including key legislation and Mongolia's accession to the WTO. Main trade related laws are listed and foreign investment framework and trends are outlined. Finally, dispute resolution options are mentioned including the national arbitration court and international litigation under the New York Convention.
The hallmark of international commercial arbitration is the right of parties to select the law to govern their dispute. However, choice of law or party autonomy is subject to limits. Sometimes arbitrators are obliged to apply the mandatory law of a jurisdiction contrary to the will of one or more of the parties. The scope of these issues was discussed by Igor Ellyn in a presentation to the NY State Bar Association and Cornell University at the Bloomberg Center in New York in March 2008. These power point slides summarize the presentation.
Looking forward in international arbitration Rebecca Davis
The document discusses several trends and challenges in international commercial dispute resolution, including the increasing popularity and use of mediation, the rise of specialized domestic commercial courts that can rival arbitration, and issues with the investor-state dispute settlement system like forum shopping and inconsistent decisions. Specialized domestic courts are becoming more viable options for resolving international disputes as their judgments gain easier enforcement. Investor-state arbitration faces challenges around inconsistent decisions and public backlash that systems like the proposed European Investment Court aim to address.
A copy of the slides from Richard Cooke of Birketts LLP presentation on the Bribery Act 2010 as presentated top ICE members on the evening of Tuesday 11th January 2011.
www.birketts.co.uk
R3 and Insol Europe International Restructuring ConferencePatrick N.Z. Rona
This document summarizes a presentation by Patrick N.Z. Rona on developing a global insolvency convention. It discusses the shortcomings of existing instruments like the UNCITRAL Model Law and argues that a convention would provide stronger universalism and reciprocity. A convention could address issues like recognition of foreign proceedings, cooperation between courts, and treatment of multinational corporate groups. The benefits would be greater certainty and a more consistent international framework for cross-border insolvencies.
This document outlines an agenda for a panel discussion on preparing for the next global economic crisis and facilitating cross-border restructuring. The panel will discuss the EU Insolvency Regulation's approach of "modified universalism" and experiences with cross-border insolvency cases in Europe. Panelists include experts from the EU Commission, international law firms, and a trustee involved in large insolvency cases. They will address efforts at the UN, EU, and national levels to reform insolvency laws and whether legal frameworks have achieved universalism within Europe or are still hindered by territorial approaches outside of Europe. The effectiveness of treaties and remaining challenges to a universal insolvency convention will also be discussed.
This document provides an overview and introduction to trade remedies within the WTO system, including antidumping, subsidies, and safeguard measures. It discusses Willkie Farr & Gallagher, a law firm specializing in international trade remedies cases. The document outlines the historical development and increased frequency of use of trade remedies. It then provides more detailed summaries of the rules and agreements governing antidumping, countervailing duties, subsidies, and safeguard measures within the WTO.
Investment_law (3).pptl FOR law studentsSagniAshenafi
This document outlines the topics and readings for two lectures on international investment law:
1) General issues of international investment law, discussing the development of the field, definition of key terms like "investor" and "investment", and types of investment contracts.
2) Minimum standards of treatment, examining case studies including TSA Spectrum de Argentina v Argentina, Metalclad v Mexico, Maffezini v Spain, ELSI (United States v Italy), and Saluka v Czech Republic.
Preparatory readings are suggested from textbooks and cases, as well as the Norwegian Government’s proposal for a model investment agreement and submissions to its public consultation.
Online and across borders: a net gain for technology companies?Gareth Dickson
A look at how recent judgments on jurisdiction might affect companies doing business online, together with some practical tips for how to make sure these rules do not catch you out
The English Arbitration Act 1996: Strengths and Limitations. Nick MarshRussian Arbitration Day
The English Arbitration Act 1996 marked a radical change in English arbitration law by consolidating existing statutes into a comprehensive statutory framework. It aims to facilitate fair, speedy and cost-effective dispute resolution through party autonomy and limited court intervention. While generally conforming to the UNCITRAL Model Law, the Act differs in some respects, such as including provisions specific to English law and having more prescriptive language. Critics argue it does not sufficiently reduce court intervention through appeal processes and jurisdiction challenges. Supporters view it as a success, and English courts as generally taking a pro-arbitration approach in their interpretation and application of the Act.
The English Arbitration Act 1996: Strengths and Limitations. Nick MarshRussian Arbitration Day
The English Arbitration Act 1996 marked a radical change in English arbitration law by consolidating existing statutes into a single, logical framework and reducing court intervention. It was influenced by the UNCITRAL Model Law but differs in some respects. While increasing efficiency and party autonomy, some argue it did not go far enough in limiting challenges and appeals. Overall, the Act has been successful in modernizing English arbitration law, though aspects like confidentiality and arbitrability could still be clarified.
Ministerial override certificates and the law fact distinction – A comparison...Hannah Vieira
The document discusses the approach of courts in Australia and the United Kingdom to Ministerial override certificates and the distinction between questions of fact and law. It summarizes key cases from the UK that established courts will review Ministerial overrides for jurisdictional error, and a Minister cannot simply disagree with an independent tribunal's factual findings without providing additional justification. The UK Supreme Court recently divided on whether a Minister could override a tribunal's decision to disclose certain letters from the Prince of Wales under the Freedom of Information Act.
The document discusses alternative dispute resolution options for construction contracts in Australia, focusing on single person dispute boards. It notes that standard construction contract forms in Australia are often heavily modified, potentially making risk allocation uncertain. While mediation and arbitration are commonly used for dispute resolution, less common options like single person dispute boards and dispute advisory services are discussed. The benefits of having dispute resolution processes embedded in contracts from the start and harmonized with legislation are outlined.
The document discusses the history and development of international commercial arbitration. It notes that arbitration first emerged in Europe in the 1920s to resolve international business disputes privately. Since then, various conventions and rules have been adopted to facilitate arbitration, including the New York Convention of 1958. The document outlines key definitions and concepts in international commercial arbitration such as the meaning of "international", different types of arbitration, and the laws that typically govern arbitration proceedings and awards. It also discusses important issues that commonly arise like jurisdictional questions and the interplay between procedural and substantive laws. The conclusion is that arbitration can replace court proceedings in India by offering faster and cheaper dispute resolution while allowing parties more flexibility and control over the process.
THE IMPORTANCE OF COMPLIANCE WITH INTERNATIONAL ANTI BRIBERY LAWS Eric Meijer
"The effects of the UK Bribery Act 2010 and other anti-bribery and corruption legislation are starting to make themselves felt. Purchasers of goods and services are imposing ever more stringent requirements on their suppliers. More and more often suppliers are required to have an Anti-Bribery Management System (“ABMS”) in place. Such a management system requires suppliers to train their personnel regarding bribery and corruption, to have proper procedures in place to prevent bribery and corruption, to undertake a due diligence of their business partners and to monitor and review the effectiveness of an ABMS on a regular basis. Some purchasers also require project specific ABMS’s to be in place to regulate the specific risks of the geographical region in which a project will be carried out. Suppliers that wish to comply with anti-bribery legislation should employ an anti-bribery officer. Unsurprisingly, demand from the market for anti-bribery compliance services is now rising fast”.
This document outlines the role and responsibilities of the Hungarian National Contact Point for the OECD Guidelines for Multinational Enterprises. It discusses establishing the NCP to promote the effectiveness of the Guidelines through activities like handling inquiries and resolving issues related to implementation. It also covers the core criteria of visibility, accessibility, transparency and accountability that NCPs must uphold, and how the Hungarian NCP plans to implement these criteria through its website, materials in Hungarian, awareness events, and international cooperation.
GATT (General Agreement on Tariff and Trade)Akshay Dhamija
GATT (General Agreement on Tariff and Trade)
Precursor organization to GATT, ITO, was first proposed in
February 1945 by the United Nations Economic and Social Council (UNESCO).
On 1 January 1948, the agreement was signed by 23 countries for the formation of GATT.
Total of 8 rounds was there, all are listed along with their respective year, venue and issues are mentioned in the sides.
This document summarizes the legal frameworks for warehouse financing in several sub-Saharan African countries and Madagascar. It finds that while some countries like Uganda and Côte d'Ivoire have legislation governing warehouse receipts, most countries rely on contractual principles. It identifies legal obstacles to warehouse financing and proposes solutions like negotiable receipts and electronic collateral registries. Finally, it discusses the advantages and disadvantages of legislated versus contractual approaches to regulating warehouse financing.
New media and co-regulation Bangkok TMPCChris Marsden
This document discusses internet co-regulation and constitutionalism. It examines different models of regulation including statutory regulation, co-regulation, and self-regulation. It also discusses challenges like ensuring civil society has a role, dealing with competing interests, and preventing self-regulation from being camouflaged. The document also analyzes recent examples and court cases related to defamation and privacy to understand how co-regulation is working in practice and its relationship to constitutional rights.
1. E UROPE ’ S H IDDEN
J EWEL : A N A RGUMENT
FOR A RBITRATING IN
I RELAND
2011 W&L Law Symposium on International Commercial Arbitration
Presented By: Chris O’ Connell, Alice Ward, Roisin Costello, Eden Hoey, Benjamin Ersing
2. P RESENTATION F ORMAT
I. Arbitration in Ireland Pre -2010 (Chris)
a) Roots and Influences of Modern Arbitration Laws in Ireland
b) An Examination of those Laws
II. The Arbitration Act 2010 (Alice)
III. Attractiveness of Ireland as a Venue (Eden)
IV. Challenges Facing Ireland (Ben)
V. European Legislation Affecting Ireland
(Róisín)
2011 W&L LAW SYMPOSIUM ON INTERNATIONAL COMMERCIAL ARBITRATION
3. R OOTS & I NFLUENCES
Brehon Laws
• Ancient Customary Celtic Laws
• Governed by “Brehons”
• Dealt with Issues before them:
•Principles of Fairness
•Durability
English Common Law
•1698 Act
New York Convention
•1980 Arbitration Act
Model Law
•1998 Arbitration Act
2011 W&L LAW SYMPOSIUM ON INTERNATIONAL COMMERCIAL ARBITRATION
4. T HE A RBITRATION A CTS
1954 Arbitration Act
• Influenced Heavily by English Arbitration Act 1950
• Governed Domestic Arbitration
• Very Standard Procedures
• Interesting Features:
• Potential Interference of High Court
• Employer/ Employee Arbitrations not under
scope
• Repealed in 2010
2011 W&L LAW SYMPOSIUM ON INTERNATIONAL COMMERCIAL ARBITRATION
5. T HE A RBITRATION A CTS
1980 Arbitration Act
• Main Features:
• Mandatory Staying of Court Proceedings
• Gave Effect to NY Convention of 1958
• Gave Effect to Washington Convention of
1965
• Repealed in 2010
1998 Arbitration (International Commercial) Act
• Adopted UNCITRAL Model Law
• Repealed in 2010
2011 W&L LAW SYMPOSIUM ON INTERNATIONAL COMMERCIAL ARBITRATION
6. I RISH A RBITRATION A CT 2010
Single most important development in Arbitration in Ireland to date
• What brought about this change?
• Significant arbitration figures who initiated this
development
• AG Dispute Resolution Symposium
• Arbitration Bill 2008
• Arbitration Act 2010
• Significant developments brought about by the 2010 Act
2011 W&L LAW SYMPOSIUM ON INTERNATIONAL COMMERCIAL ARBITRATION
7. W HO BROUGHT ABOUT
THIS CHANGE ?
Klaus Reichert Nael G Bunni Michael Collins
Dudley Solan Brian Hutchinson Michael Corrigan
2011 W&L LAW SYMPOSIUM ON INTERNATIONAL COMMERCIAL ARBITRATION
8. R ORY B RADY
Attorney General 2002-2007
Suggested that a
symposium be organized
to examine whether
legislative change was
needed
2011 W&L LAW SYMPOSIUM ON INTERNATIONAL COMMERCIAL ARBITRATION
9. ATTORNEY G ENERAL’ S D ISPUTE
R ESOLUTION S YMPOSIUM
Held on April 28, 2007
Engineers Ireland (IEI), Clyde Road, Dublin:
Panel
Michael Carrigan (VP IAA)
Michael Collins (President IAA)
Nael G Bunni (Former Chairman CIA)
Dudley Solan (CIA)
Brian Hutchinson (CIA)
IAA – Irish CIA-Chartered
Arbitration Institute of Irish
Association
2011 W&L LAW SYMPOSIUM ON INTERNATIONAL COMMERCIAL ARBITRATION Arbitration
10. S UMMARY OF S YMPOSIUM
General consensus reached that great reform in Arbitration laws
was necessary to promote Ireland as a modern venue for
international arbitration.
Findings:
• 1954 Arbitration Act was out of date.
• “Multi million dollar business”
• “A system of appeal undermined the raison
d’etre of arbitration.”
2011 W&L LAW SYMPOSIUM ON INTERNATIONAL COMMERCIAL ARBITRATION
11. I NTRODUCTION OF
A RBITRATION B ILL 2008
ICCA opening ceremony
(June 2008)
that Taoiseach Brian Cowen
announced a new bill on
arbitration was ready to be
presented to the Dáil
Intervening period (2008 – 2010) was
used by various interested bodies such
as the Chartered Institute of Arbitrators,
to make submissions to the draft
legislation.
2011 W&L LAW SYMPOSIUM ON INTERNATIONAL COMMERCIAL ARBITRATION
12. 2008 B ILL A CCEPTED
“The Desire for Finality
will be met through this
enactment…”
Michael Collins, President IAA
Paul Gallagher AG 2008-2011
“*This development+ was particularly
marked by support from the Irish
Government and the Attorney General,
Paul Gallagher SC.”
“A very welcome development as it incorporates
international best practice into Irish law…. A very
important positive step in establishing Ireland as an
attractive option...”
2011 W&L LAW SYMPOSIUM ON INTERNATIONAL COMMERCIAL ARBITRATION Colm O Hoisin, Secretary IAA
13. A RBITRATION A CT 2010
• Signed into law by the
President 8/3/2010 and comes
into operation on 8/6/2010.
• It repeals all previous
arbitration legislation in Ireland.
• The new legislation will apply
to ALL arbitrations which
commence in Ireland after 8 June
2010 (retrospective affect)
President Mary MacAleese
2011 W&L LAW SYMPOSIUM ON INTERNATIONAL COMMERCIAL ARBITRATION
14. I RISH A RBITRATION A CT
2010
Layout:
1. Main Body of Act
Preliminary and General
Substantive provisions of arbitration in Ireland
Reference to Arbitration before Court
6 schedules attached to the act
“Virtually pure
1. – UNCITRAL Model Law (2006)
model law” 2. – New York Convention (1998)
3. – Washington Convention (1965)
4. – Geneva Convention (1927)
Klaus Reichert
5. – Geneva Protocol (1923)
– PRO IAA
6. – Amendments to other Acts
2011 W&L LAW SYMPOSIUM ON INTERNATIONAL COMMERCIAL ARBITRATION
15. S IGNIFICANT D EVELOPMENTS
UNDER THE “2010 A CT ”
Domestic vs International
Single Arbitration Judge
“One Shot” Challenge
Case Stated Procedure
Reasons
Costs
2011 W&L LAW SYMPOSIUM ON INTERNATIONAL COMMERCIAL ARBITRATION
16. A RBITRATION IN IRELAND
TODAY
• Action is now self contained with
limited access to the courts
• Reduced right of appeal
• No case stated procedure
• Focus in is on PARTY AUTONOMY Killarney,
Ireland
• Standard legal regime applicable to
domestic and international arbitration
2011 W&L LAW SYMPOSIUM ON INTERNATIONAL COMMERCIAL ARBITRATION
17. ATTRACTIVENESS OF I RELAND
AS AN ARBITRATION VENUE
2011 W&L LAW SYMPOSIUM ON INTERNATIONAL COMMERCIAL ARBITRATION
18. A W INNING C OMBINATION
1. Model Law
2. Common Law
3. English Speaking
4. Signatory of the New York Convention
2011 W&L LAW SYMPOSIUM ON INTERNATIONAL COMMERCIAL ARBITRATION
19. M ODEL L AW
• Party Autonomy
• Limited Judicial Intervention
• Modern outlook
• Familiarity
Entire text of the model law present in the
Arbitration Act 2010
2011 W&L LAW SYMPOSIUM ON INTERNATIONAL COMMERCIAL ARBITRATION
20. O THER N OTABLE F EATURES
• Section 22: Full immunity
• Section 13: Default No. of Arbitrators
•Section 20: An arbitral tribunal, unless otherwise agreed
by the parties, can make an award requiring specific
performance of a contract
• Section 18: Arbitrators have express power to award
compound interest and security for costs
• Section 17: Tribunal can order intermediary relief
2011 W&L LAW SYMPOSIUM ON INTERNATIONAL COMMERCIAL ARBITRATION
21. ATTRACTIVENESS OF THE
I RISH C OURTS
• Neutrality
• Judicial Independence
• Speedy and Efficient disposal of Arbitration related
court applications
•‘One Stop Shop’ Application to the High Court (s. 11)
• Appointment of a Specialized Arbitration Judge s (9)2
• Commercial Court track record is excellent
• Average time for disposal from commencement is 21
weeks
• Arbitration cases are dealt with efficiently and without
delay
2011 W&L LAW SYMPOSIUM ON INTERNATIONAL COMMERCIAL ARBITRATION
22. P UBLIC P OLICY
• Irish courts completely accept the exceptional and limited
nature of the public policy exception to recognition and
enforcement of the UNCITRAL Model Law
• Expressly adopted U.S decision Parsons v Whittemore to
the effect that enforcement should be denied on the
basis of public policy only in the most exceptional cases
• “The Public policy defense to an enforcement application
is one which is of narrow scope. . . It extends only to a
breach of the most basic concepts of morality and
justice.” Brostrom Tankers v Factorias Volcano (2004) 2 IR
191
2011 W&L LAW SYMPOSIUM ON INTERNATIONAL COMMERCIAL ARBITRATION
23. W HY IS I RELAND BETTER
THAN E NGLAND ?
2011 W&L LAW SYMPOSIUM ON INTERNATIONAL COMMERCIAL ARBITRATION
24. C OST
Ireland England
• Courts will recognize • Under section the UK
whatever agreement the Arbitration Act,
parties make regarding agreements or clauses
costs. S (21)1 regarding costs are
• This includes the decision unenforceable.
of each party to bear
their own cost • Section 60 – such
irrespective of the agreement will be
outcome rendered void unless
made after the dispute
has arisen.
2011 W&L LAW SYMPOSIUM ON INTERNATIONAL COMMERCIAL ARBITRATION
25. R ECOURSE A GAINST
THE AWARD
Ireland England
• Grounds for setting aside an • Section 69 of the UK
Arbitration Act: Appeals on
award (s 34). In accordance with
point of law are permitted.
the NY Convention
• “ One stop shop only!”:
• Potential for becoming
• Parties may only challenge meshed in a piece of litigation
subject to one Court only – The for a long period of time
High Court. following the arbitration
• No appeals on point of law
taken. • Lack of finality
• Switzerland has a similar
approach
2011 W&L LAW SYMPOSIUM ON INTERNATIONAL COMMERCIAL ARBITRATION
26. O THER L OGISTICAL
A DVANTAGES
• Modern Economy with exceptionally skilled personnel and
infrastructure
• Strong transport network
• Dublin is a small city so no office, hotel, restaurant is too far
away
• First class hearing room and conference facilities
• Best stenographers in the world
• Best lawyers in the world
• Undoubtedly the best bars!
2011 W&L LAW SYMPOSIUM ON INTERNATIONAL COMMERCIAL ARBITRATION
27. F UTURE L OOKS B RIGHT...
Outside Interest
Default Location for ICC Arbitration
Establishment of Arbitration Ireland
Future Focus
See You
In Dublin!
2011 W&L LAW SYMPOSIUM ON INTERNATIONAL COMMERCIAL ARBITRATION
28. C HALLENGES
FACING I RELAND
I. Sole Customer Base
II. Competition with London
III. Global Perception of Irish Economy
• Why?
• Potential Remedies?
2011 W&L LAW SYMPOSIUM ON INTERNATIONAL COMMERCIAL ARBITRATION
29. I. S OLE C USTOMER B ASE
The Americans
WHY? :
Ethnic ties/Irish-American community
Large presence of US Corporations in Ireland
Common Language
Solution?
Market to Developing Countries
2011 W&L LAW SYMPOSIUM ON INTERNATIONAL COMMERCIAL ARBITRATION
30. II. C OMPETITION WITH LONDON
2011 W&L LAW SYMPOSIUM ON INTERNATIONAL COMMERCIAL ARBITRATION
31. III. G LOBAL P ERCEPTION OF
I RISH E CONOMY
FUTURE OF THE EUROZONE?
2011 W&L LAW SYMPOSIUM ON INTERNATIONAL COMMERCIAL ARBITRATION
32. T HE B RUSSELS R EGULATION :
A N I NTRO
The Brussels Regulation 44/2001/EC
Article 1(2) provides:
"The Regulation shall not apply to:...(d) arbitration.”
Article 1(2)(d) is known as the "arbitration
exclusion".
2011 W&L LAW SYMPOSIUM ON INTERNATIONAL COMMERCIAL ARBITRATION
33. C HANGES AND C HALLENGES
European Commission has proposed to bring
arbitration-related court proceedings within the
scope of the Brussels Regulation
West Tankers decision and its consequences
2011 W&L LAW SYMPOSIUM ON INTERNATIONAL COMMERCIAL ARBITRATION
34. E UROPEAN C OMMISSION ’ S
R EPORT
The Commission presented its report and a green
paper proposing reforms to the Regulation on
the 21st of April 2009.
Subsequent to this review, Professors Hess,
Pfeiffer and Schlosser were commissioned to
prepare a study into the workings of the Brussels
Regulation-the Heidelberg Report
2011 W&L LAW SYMPOSIUM ON INTERNATIONAL COMMERCIAL ARBITRATION
35. W EST TANKERS D ECISION
Coleman J in the HC agreed granting the
injunction.
During the proceedings, Allianz SpA questioned
whether it would be consistent with the Brussels
Regulation for an English court to grant an
injunction restraining proceedings in another
Member State.
House of Lords suggested that an injunction
would not be inconsistent with the Regulation.
However they referred question to the ECJ for
determination.
2011 W&L LAW SYMPOSIUM ON INTERNATIONAL COMMERCIAL ARBITRATION
36. E FFECTS OF W EST
TANKERS
This undermines the concept of party autonomy
as regards choice of seat, denying some of the
benefit of ‘arbitration-friendly’ jurisdictions
where courts limit any pre-award review to a
minimum.
It is also inconsistent with the concept of
Kompetenz-kompetenz.
2011 W&L LAW SYMPOSIUM ON INTERNATIONAL COMMERCIAL ARBITRATION
37. P ROPOSED S OLUTIONS
G OING F ORWARD
Preservation the status quo.
Reversal of the effects of West Tankers.
Implementation of the green paper's approach
on the basis of the Heidelberg report.
Implementation of a modified version of the
green paper's approach.
2011 W&L LAW SYMPOSIUM ON INTERNATIONAL COMMERCIAL ARBITRATION
38. C ONCLUSION
Adoption of a modified form of the green paper
proposals
Under EU law Regulations have Direct Effect on
all member states
As a dualist system Ireland will have to enact
legislation incorporating any new regulation into
law
2011 W&L LAW SYMPOSIUM ON INTERNATIONAL COMMERCIAL ARBITRATION