becoming a “ preferred ” seat of arbitration: criteria and examples

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BECOMING A “PREFERRED” SEAT OF ARBITRATION: CRITERIA AND EXAMPLES

Mark Appel27 September 2013

ABA 5th Annual Moscow Dispute Resolution Conference

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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

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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

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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

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Thank You

Mark AppelSenior Vice President

Europe, Middle East, AfricaInternational Centre for Dispute Resolution

T: +356 99 54 77 99E: AppelM@adr.org