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

BECOMING A “ PREFERRED ” SEAT OF ARBITRATION: CRITERIA AND EXAMPLES . Mark Appel 27 September 2013 ABA 5 th Annual Moscow Dispute Resolution Conference. The ICDR Experience. No institutional preference for particular cities or states

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

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  1. BECOMING A “PREFERRED” SEAT OF ARBITRATION: CRITERIA AND EXAMPLES Mark Appel 27 September 2013 ABA 5th Annual Moscow Dispute Resolution Conference

  2. 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

  3. 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

  4. 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

  5. Thank You Mark Appel Senior Vice President Europe, Middle East, Africa International Centre for Dispute Resolution T: +356 99 54 77 99 E: AppelM@adr.org

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