ICC Arbitration Conference - Enforcement, Setting Aside and Related Treaty Claims: A View From Europe

The ICC Arbitration Conference hold at La Maison de La Paix in Geneva on 10 May 2019, was the premier event of its kind in Switzerland at which panelists from all over Europe discuessed on recent trends and decisions in relation to the setting aside and enforcement of arbitral awards and the circumstances under which teh violation of the New York Convention could amount to a violation of investment protection standards. This conference also marked the 100th anniversary of the ICC.

 

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The first panel, moderated by Sebastiano Nessi and comprising of David Arias, Maria Beatrice Deli, Xavier Favre-Bulle, Françoise Lefèvre, Olena Perepelynska, and Philippe Pinsolle discussed the recent trends of their respective national courts in relation to the setting aside and enforcement of arbitral awards, and the increasing tendency of some state courts to interfere in the arbitration process.

 

The second panel, moderated by Réka Papp and comprising of Yas Banifatemi, Professor Jan Kleinheisterkamp, Pietro Galizzi and Juriaan Braat looked at how investment treaty claims concerning the treatment of commercial awards arise, whether arbitral awards or the right to arbitrate are protected assets under investment treaties and under what circumstances can the violation of the New York Convention amount to a violation of investment protection standards. Following questions from the audience, panel members also discussed whether the number of these claims can be expected to rise given the continuously growing interference of EU law in the field of international arbitration. Finally, the panel members addressed the question whether from a systemic point of view investment treaty arbitration is an appropriate or even necessary means of intervention and correction when it comes to the setting aside and enforcement of commercial awards.

 

We would like to once again take this opportunity to thank Prof. Laurence Boisson de Chazournes, Alexander G. Fessas, Anne Véronique Schlaepfer, Prof. Thomas Schultz, Urs Weber-Stecher, David Arias, Maria Beatrice Deli, Xavier Favre-Bulle, Françoise Lefèvre, Olena Perepelynska, Philippe Pinsolle, Sebastiano Nessi, Yas Banifatemi, Pietro Galizzi, Jan Kleinheisterkamp, Réka Agnes Papp, Jurriaan Braat, Maxi Scherer and Giulio Palermo for their valuable contribution for this conference.

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