Modern Arbitration: LIVE – the Role of Procedural Soft Law in International Arbitration

William Hogarth

Bambridge on Trial for Murder by a Committee of the House of Commons, 1729

Seminar “Modern Arbitration: LIVE” on the Role of Procedural Soft Law in International Arbitration

On 7 February 2018, Arbitration Center at the Institute of Modern Arbitration held another seminar from the series of discussions “Modern Arbitration: LIVE. Discussing Arbitration in a Comparative Perspective”.

This time the seminar focused on the role of procedural soft law in the practice of international commercial and investment arbitration. Among the analyzed soft law instruments were the following: IBA Guidelines on Conflicts of Interest in International Arbitration, IBA Rules on the Taking of Evidence in International Arbitration, IBA Guidelines on Party Representation in International Arbitration, UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration.

The panel comprising arbitration practitioners from civil law and common law jurisdictions considered the perception of soft law instruments by counsels, arbitrators and arbitral institutions, as well as the main critical points and suggested improvements to the discussed documents.

Sergey Alekhin (Associate, Willkie Farr & Gallagher LLP, Paris) presented the overview of the practical application of IBA Guidelines on Conflicts of Interest in International Arbitration. Olga Tsvetkova (Senior Associate, EPAM, Moscow) discussed the main aspects of application of IBA Rules on the Taking of Evidence in International Arbitration. Eleni Polycarpou (Partner, Co-Head of International Arbitration Practice, Withersworldwide, London) and Artem Doudko (Partner, Osborne Clarke, London) shared real-life examples, based on their experience, that relates to the work with the discussed documents, with a focus on its perception in the UK.

Diego Gosis (Partner, GST, Miami) told about the work on IBA Guidelines on Party Representation in International Arbitration, as well as the principles of its application. Nikita Kondrashov (Associate, Luther, Hamburg) discussed the key features of UNCITRAL Rules on Transparency in Treaty-Based Investor-State Arbitration and its significance for the investor-state dispute settlement. The discussion was moderated by Andrey Gorlenko (Executive Administrator, Arbitration Center at the Institute of Modern Arbitration).

Many thanks to everyone who joined the discussion – the recording is available at the Youtube channel of the Arbitration Center.

The seminar is organized in partnership with the International and Comparative Law Research Center and LF Academy. The next seminar “Modern Arbitration: LIVE” will be held in May 2018 – stay tuned for our updates!