ICCA Conference 2008 | Practical Law

ICCA Conference 2008 | Practical Law

The ICCA Conference 2008 took place in Dublin on 8 to 10 June, on the 50th anniversary of the New York Convention on the Recognition and Enforcement of Foreign Arbitration Awards.

ICCA Conference 2008

Practical Law UK Legal Update 0-382-3938 (Approx. 3 pages)

ICCA Conference 2008

by PLC Dispute Resolution
Published on 18 Jun 2008International, Ireland
The ICCA Conference 2008 took place in Dublin on 8 to 10 June, on the 50th anniversary of the New York Convention on the Recognition and Enforcement of Foreign Arbitration Awards.
Highlights of the conference, which was attended by two PLC Dispute Resolution editors, included:
  • The New York Convention at 50: Albert Jan van den Berg's keynote address proposed a revised New York Convention (the draft "Dublin Convention") which would strengthen the enforcement regime, for example by clarifying the discretion to refuse enforcement in Article V. The proposals gained some support, whilst others cautioned against embarking on a process which would not resolve the problem of differing interpretations, and others called for judicial training on its implementation.
  • The UNCITRAL Rules Revision - an assessment. The discussion highlighted the difficulty in agreeing upon a set of rules (currently undergoing their second reading) which are sufficiently generic to operate effectively across the globe without the oversight of an institution, but which are also workable alongside the Model Law and take account of their possible use in investment treaty arbitration. The final draft of the proposed revisions is to be submitted to the UNCITRAL Commission in 2009.
  • Recent developments in international arbitration. Delegates raised the increasingly normative approach to international arbitration and the promulgation of a "soft law", which may gradually ossify, thereby losing the advantage of flexibility. The challenge of ensuring the developing world can access and be involved with international arbitration was also raised.