Arbitration: Colloquium held on New York Convention practice

Arbitration: Colloquium held on New York Convention practice

The International Council for Commercial Arbitration and the Scottish Arbitration Centre worked with the Judicial Institute for Scotland to host a colloquium on New York Convention practice with some of the Senators of the College of Justice in Edinburgh on 31 May.

In 2012, ICCA launched a series of colloquia for judges on the New York Convention known as the “New York Convention Roadshow”. This initiative recognises the dependence of international arbitration practice on the critical role of national court judges in applying the New York Convention.

With 159 contracting states and over 2,100 national court decisions reported in ICCA’s Yearbook Commercial Arbitration, the convention is rightly regarded as the backbone of international commercial arbitration.

Judicial workshops on the New York Convention are led by the ICCA Judiciary Committee. Each event is adapted to take account of the specific challenges faced by judges in applying the convention in a particular region or jurisdiction, and includes both an article-by-article review of the convention, as well as extensive dialogue with judges.

At the event, ICCA was represented by Judge Dominique Hascher of the French Supreme Court, Erica Stein of Dechert in Brussels, and Lise Bosman, ICCA executive director. The centre was represented by Sir David Edward QC, Brandon Malone and Andrew Mackenzie.

It took place in the Judicial Training Centre in Parliament House with support from the Lord President and Lord Justice Clerk and programme input from Lord Glennie.

Lord Glennie said: “It was a privilege for us as judges of the Court of Session to have the opportunity of interacting with ICCA and benefitting from their vast range of experience on issues to do with recognition and enforcement of arbitration agreements and awards under the New York Convention.

“This is particularly welcome in light of the new impetus given to arbitration in Scotland with the recent introduction of the Arbitration (Scotland) Act 2010 and the impending ICCA 2020 congress in Edinburgh next year. Our thanks go to the representatives of ICCA who attended and to the Scottish Arbitration Centre who helped to arrange this event.”

Ms Bosman said: “ICCA’s New York Convention programme recognises the critical contribution that national court judges make to the system of international arbitration. We are delighted to have been able to engage in such a fruitful dialogue with Scottish judges.”

Mr Mackenzie said: “The Scottish Arbitration Centre was honoured to work with ICCA and the Judicial Institute to deliver this judicial discussion on enforcement of arbitral awards under the New York Convention. The event allowed for interaction between our judges and international arbitration practitioners and judges from other jurisdictions, with a stimulating exchange of views. We are delighted to be engaging with the judges of the Court of Session as we prepare to bring the ICCA Congress to Edinburgh next year.”

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