Events

Center co-hosts webinar titled “Due Process as a Limit to Discretion in International Commercial Arbitration”

NYU’s Center for Transnational Litigation, Arbitration, and Commercial Law and the Dubai International Arbitration Centre host a webinar on November 25, 2020 at 9:00 AM to 10:30 AM (New York time).

This event will discuss due process as a limit to discretion in international arbitration from a broader, international perspective, from a regional (Middle Eastern) perspective as well as from the perspective of the UAE. The event will address what due process issues have arisen and how courts in the UAE as well as the DIAC have dealt with them, thus allowing participants to get an idea of how to combat the increasing “due process paranoia”.

Program:

• Opening Remarks: Ahmed Bin Hezeem, DIAC, Dubai

• Introductory Remarks: Franco Ferrari, NYU

• Due Process as a Limit to Discretion in Arbitration; A Global Perspective, Friedrich

Rosenfeld, NYU Paris, Hanefeld, Hamburg

• Due Process as a Limit to Discretion in Arbitration; The Perspective of the Middle

East, Nayla Comair-Obeid & Zeina Obeid, Obeid Law firm, Beirut

• Due Process as a Limit to Discretion in Arbitration; The Perspective of the UAE and

DIAC, Gordon Blanke, Blanke Arbitration LLC., Dubai

• Closing Remarks, Rashid Shahin, DIAC

For the full program and further information, please see the attached flyer (PDF: 1.41 MB).

To attend, please submit the webinar registration here.

Center hosts webinar titled “The Corruption Virus in Arbitration”

On 19 November 2020, from 9:00 AM to 10:15 AM (NY Time), NYU’s Center for Transnational Litigation, Arbitration, and Commercial Law will host a webinar entitled “The Corruption Virus in Arbitration”.

As it is known, over the years both international and domestic lawmakers have worked together to combat corrupt activities and identify corruption as a matter of transnational public policy. Unsurprisingly, also in the context of international arbitration, corruption issues come up quite frequently. Arbitrators deal with this in various ways, often relying on general principles or/of transnational rules, in some cases without regard to a specific national source of law. In many cases they use ‘red flags’ to identify potential corruption.

Is this approach another example of ‘the arbitral legal order’ incorporating and reflecting the trends stemming from national legal systems? What standard is used when applying the red flag methodology, given that it was developed by business organizations, international bodies, non-governmental organizations, and academic institutions? How do those international or transnational standards factor in the applicable lex contractus, the procedural lex arbitri or the foreign lois de police? And does a disregard of these so-called red flags and ignoring potential corruption count as a violation of international public policy? And would such a violation justify a de novo review of the facts by national courts? Are these questions answered differently based on legal background, and, thus, in a continental law context as opposed to a common law one?

These issues will be addressed by the panelists, Jennifer Lim, Jeremy Sharpe, and Kevin Davis.

The event will be moderated by Dirk De Meulemeester.

To attend, please submit the webinar registration here.

Professor Franco Ferrari gives keynote address on the occasion of the opening of the Hamburg International Arbitration Center

Professor Franco Ferrari, the Center’s Executive Director, was invited to give the keynote address entitled “The Importance of the Seat of Arbitration” on the occasion of the opening of the Hamburg International Arbitration Center, a newly created facility aiming at promoting the attractiveness of Hamburg as a seat of arbitration. The Center will function as a common facility for the many arbitration activities already taking place in Hamburg. The online event, to be opened by the mayor of Hamburg, will also include a talk on “Hamburg as a legal hub” (in German) and a panel discussion on “Arbitration in Hamburg from different perspectives” (in English) with the participation inter alia of Luíza Kömel, the Deputy Secretary General of CAM-CCBC – Centro de Arbitragem e Mediação, and Professor Stefan Kröll, a former scholar-in-residence at the Center. The event will be moderated by Johanna Büstgens (Hamburg) and Tim Rauschning).

The event will be 17 November 2020, starting at 5 pm Hamburg time.

The event is free, but registration is required. To register, use this link or send an email to Ms. Jessy Wallis by 13 November 2020 at the latest.

Center hosts webinar titled “Due Process as a Limit to Discretion in International Commercial Arbitration – Focus Russia”

NYU’s Center for Transnational Litigation, Arbitration, and Commercial Law and the Russian Arbitration Center at the Russian Institute of Modern Arbitration will host a webinar on November 12, 2020 from 9:30 AM to 10:45 AM (NY Time).

This event will discuss due process as a limit to discretion in international arbitration both from a broader, international perspective and from the point of view of the Russian legal system as well as from the point of view of an arbitral institution.

Panelists include Friedrich Rosenfeld, Mikhail Batsura, Natalia Gulyaeva, and Yulia Mullina.

The panel is moderated by Franco Ferrari.

To attend, please submit the webinar registration here.

Professor Franco Ferrari to give keynote speech at the London Centre for Commercial and Financial Law’s 5th Annual Conference on “The Future of the Commercial Contract in Scholarship and Law Reform”

On 16 October 2020, the 5th Annual Conference on “The Future of the Commercial Contract in Scholarship and Law Reform” organized by the London Centre for Commercial and Financial Law will take place. The London Centre for Commercial and Financial Law was established in 2019 and is directed by Professor Mads Andenas QC, while Dr Maren Heidemann is the Centre’s principal academic convenor and project leader. The Centre hosts academic events and legal research projects focusing on commercial and financial law. It continues the work of the Centre for Corporate and Financial Law at the Institute of Advanced Legal Studies, School of Advanced Studies, University of London, UK.

This specific conference builds on research undertaken at the University of London (Institute of Advanced Legal Studies, School of

Advanced Studies) from 2016-2019, and will explore topics in commercial contract law with a focus on sustainability policies, broadly conceived. Aspects include legislative challenges as well as international dispute settlement.

This year’s keynote speaker will be Professor Franco Ferrari, the Center’s Director. Professor Ferrari is well known for his expertise in international commercial law – including arbitration – and for his commitment to uniform law such as the 1980 Vienna Convention on international commercial contracts (CISG) as well as for his work for UNCITRAL. In addition to Professor Ferrari, there will be panelists coming from all over the world and bringing comparative viewpoints to the table.

The conference is organized in four panels one of which traditionally focusses on commercial arbitration. Another focus is once again on ethical aspects of commercial contract law such as good faith and co-operation duties as well as green finance and sustainability in the digital economy.

A more detailed program is attached (PDF: 396 KB).

Intergenerational Arbitration Symposium – Procedural Issues in International Arbitration

The Center is glad to be able to announce that this coming Wednesday, 14 October 2020, from 9.00 am to 11.00 am, it will host – together with SciencesPo Law School – the 1st edition of the Intergenerational Arbitration Symposium., the overall topic of which will be “Procedural Issues in International Arbitration”.

The Symposium allows young scholars interested in commercial arbitration to present their ideas and have more experienced scholars and practitioners comment on their presentations and the papers on which their presentations are based. This year, two NYU graduates (Jack Davies and Lucas Lim) and two graduates from SciencesPo Law School (Rafaela M. da Magalhaes and Jack Biggs) will present their papers, and Professors Giuditta Cordero-Moss and Pierre Tercier will act as discussants. The event will be moderated by Karolina Rozycka and Alexandre Senegacnik.

To register, please follow this link. Registered participants will receive a link per email that allows them to participate.

More information on the Intergenerational Arbitration Symposium (PDF: 1.08 MB)

Webinar on “The CISG’s Impact on International Commercial Law” posted for viewing

To mark the 40th anniversary of the United Nations Convention on Contracts for the International Sale of Goods (CISG), NYU’s Center for Transnational Litigation, Arbitration, and Commercial Law and UNCITRAL, the United Nations Commission on International Trade Law, hosted a series of webinars to assess the CISG’s impact over the last 40 years.

The webinar on September 15, 2020, analyzed the CISG’s relationship with other instruments relevant in the international commercial law context, in light also of the recent finalisation of the HCCH – UNCITRAL – Unidroit Legal Guide to Uniform Legal Instruments in the Area of International Commercial Contracts (with a focus on sales).

The recording is now available for viewing.

Professor Franco Ferrari to speak on “denial of justice” at the 10th Investment Treaty Arbitration Conference to be held in Prague

On 1 October 2020, the 10th Prague Investment Treaty Arbitration Conference will take place. Due to the health situation, this iteration will be entirely online. The live stream will start at 3:30 pm CET and last until 7:00 pm CET. A keynote address on “The use and misuse of bifurcation in investment arbitration proceedings“ will be followed by three panel discussions, relating to “Attribution of harm”, “COVID related claims”, and “Denial of justice” respectively. Professor Ferrari, who just co-edited a book entitled “International Investment Arbitration in a nutshell”, will participate in the last panel.

To attend, please register for this event.

10th Investment Treaty Arbitration Conference (PDF: 80 KB)

Center hosts webinar titled “The CISG’s Impact on International Commercial Law”

To mark the 40th anniversary of the United Nations Convention on Contracts for the International Sale of Goods (CISG), NYU’s Center for Transnational Litigation, Arbitration, and Commercial Law and UNCITRAL, the United Nations Commission on International Trade Law, are hosting a series of webinars to both assess the CISG’s impact over the last 40 years.

This webinar will analyze the CISG’s relationship with other instrument relevant in the international commercial law context, in light also of the recent finalisation of the HCCH – UNCITRAL – Unidroit Legal Guide to Uniform Legal Instruments in the Area of International Commercial Contracts (with a focus on sales). The webinar will be held on 15 September 2020, 7:15 am – 8:30 am (New York time).

Panelists include Francesca Ragno, Giuditta Cordero-Moss, and Marco Torsello.

The panel is moderated by Franco Ferrari and Luca Castellani. 

To attend, please submit the webinar registration here.

Center hosts webinar titled “The CISG’s Impact on National Legal Systems”

To mark the 40th anniversary of the United Nations Convention on Contracts for the International Sale of Goods (CISG), NYU’s Center for Transnational Litigation, Arbitration, and Commercial Law and UNCITRAL, the United Nations Commission on International Trade Law, are hosting a series of webinars to both assess the CISG’s impact over the last 40 years and to identify questions that are still open.

This webinar will analyze to what extent the CISG’s has had an impact on national legal systems. The webinar will be held on 11 September, from 7:15 am-9:00 am (New York Time).

Panelists include Lisa Spagnolo, Stefan Kröll, Gustavo Cerqueira, Peter Arnt Nielsen, and Clayton P. Gillette.

The panel is moderated by Franco Ferrari and Luca Castellani. 

To attend, please submit the webinar registration here.

Center hosts webinar titled “Transparency in International Arbitration: Publication of arbitral awards versus data protection”

The Center hosts, together with FGV Law, a webinar on “Transparency in International Arbitration: Publication of arbitral awards versus data protection” on September 24, 2020 at 12:45 PM to 2:15 PM ET (New York Time).

In recent years, many arbitral institutions across the world have been adopting new rules regarding, on one hand, the publication of arbitral awards and, on the other hand, data protection. Such topics are commonly intertwined and relate to a new era of transparency in international arbitration. To some extent, the call for more transparency in international arbitration may find limits and constraints in the regulation of data protection across countries. The issue of applicable law to data protection may also play a major role and limit the new policies put in place by arbitral institutions. A single arbitration may be subject to data protection laws from different countries, with different standards and requirements. Is there a role to be played by soft law? This panel will focus on this ongoing debate, with particular attention to the perspective of the arbitral institutions.

Panelists include Eleonora Coelho, Christian Leathley, Daniel Levy, and Anna Katharina Scheffer da Silveira. The panel is moderated by Franco Ferrari.  

To attend, please submit the webinar registration here.

Center hosts webinar titled “The Applicable Law to the Merits in International Arbitration and the Role of the Seat: Hardship, force majeure, and frustration”

The Center hosts, together with FGV Law, a webinar on “The Applicable Law to the Merits in International Arbitration and the Role of the Seat: Hardship, force majeure, and frustration” on September 16, 2020 at 12:45 PM to 2:15 PM ET (New York Time).

The idea that arbitrators would be bound by the law of the seat with respect to the merits of the case is no longer prevailing in international arbitration. For the past few decades, it has been well settled that international arbitrators have no lex fori and, within an autonomous conflict rules standpoint, enjoy relative discretion to determine the applicable law (respecting parties’ choice, if any) and finally decide on the merits of the arbitration, with fewer restrictions or limitations than courts. In the era after the COVID-10 pandemic, topics relating to the law applicable to the merits pose new challenges with respect to some specific legal grounds, such as hardship, force majeure, and frustration used to justify non-compliance with contractual obligations. More than ever, the parties’ choice and arbitrators’ determination of the applicable law to the merits will play a major role in defining the outcome of the dispute, as national laws differ significantly on such topics. The requirements and thresholds to avoid a specific obligation or even the contract in its entirety under such legal grounds are rather different depending on the applicable law. Absent parties’ choice, the arbitrators’ determination of the applicable law will also play a major role in determining the outcome of the arbitration. This panel will provide an overview on these new challenges and try to tackle some of the questions that may arise.

Panelists include Giuditta Cordero-Moss, Andre Abbud, Niccolò Landi, and Marco Torsello. The panel is moderated by Franco Ferrari.  

To attend, please submit the webinar registration here.

Center hosts webinar titled “International versus Domestic Standards Under the New York Convention: Due process and public policy limitations for the production of evidence in online arbitrations”

The Center hosts, together with FGV Law, a webinar on “International versus Domestic Standards Under the New York Convention: Due process and public policy limitations for the production of evidence in online arbitrations” on September 10, 2020 at 12:45 PM to 2:00 PM ET (New York Time).

Parties frequently invoke due process violations in order to resist recognition and enforcement of foreign arbitral awards under the New York Convention. While the New York Convention does not expressly use the term “due process,” various grounds for refusal of recognition and enforcement can be seen as a manifestation of due process protections. Most importantly, Article V (1) lit. b of the New York Convention allows for refusal of recognition and enforcement if a party was unable to present its case. Article V (1) lit. d of the New York Convention offers a ground for refusal of recognition and enforcement if the proceedings were not in line with the parties’ agreement or, failing such agreement, the law of the seat. And under Article V (2) lit. b of the New York Convention, a court can refuse to recognize and enforce an arbitral award if enforcement would be contrary to the public policy of the State where recognition and enforcement are sought.

Among other fields of application, these due process limitations are particularly important for the taking of evidence. In this respect, new challenges have arisen in the wake of the COVID-19 pandemic. Arbitrators, parties, and arbitral institutions have been confronted with intricate questions as to whether and how the taking of evidence can occur online, without any physical meeting. Are arbitrators entitled to schedule a video hearing, even against the will of one of the parties? How do due process guarantees limit the conduct of such hearings? This panel will address these questions. After a discussion of the applicable normative framework, panelists will discuss best practices with respect to the taking of evidence in online arbitrations.

Panelists include Rafael Alves, Yasmine Lahlou, and Friedrich Rosenfeld. The panel is moderated by Franco Ferrari.  

To attend, please submit the webinar registration here.

Center hosts webinar titled “Coronavirus and Exemption of Liability”

The Center hosts, together with the Singapore International Arbitration Centre (SIAC) and NYIAC, a webinar on the “Coronavirus and Exemption of Liability” on Friday, June 5, 2020 at 8:00 AM to 9:15 AM ET (New York Time).

COVID-19 has caused severe disruptions to international transactions and projects and has led many to seek relief from their contractual obligations. The webinar will address the following issues: Do international instruments such as the UNIDROIT Principles of International Commercial Contracts and the UN Convention on Contracts for the International Sale of Goods (CISG) provide relief for parties affected by COVID-19?

Force majeure certificates have been requested by parties affected by COVID-19 and issued by chambers of commerce in various countries. Do such certificates have any value in an arbitral proceeding?

How are the principles of force majeure and economic hardship treated under various legal systems and under public international law?

Panelists include Ms. Chiann Bao, Mr. Nigel Blackaby QC, Professor Franco Ferrari, and Dr. Jean Ho. The panel is moderated by Ms. Lucy Reed.

To attend, please submit the webinar registration information here.

Center co-hosts webinar on “Arbitration online: law and practice”

The Center hosts, in conjunction with the Commercial Law Centre at Harris Manchester College, Oxford, the Centre for International Dispute Resolution at Bucerius Law School, the National University of Singapore, and the Centre for Commercial Law Studies at Queen Mary University of London a webinar entitled “Arbitration online: law and practice”. The event will take place on 20 May 2020, from 7.00 am. – 9.00 am (NY time).

The event will address the question of whether arbitration can ‘go online’ while preserving its promise of reliable and enforceable results. In this online event international arbitration scholars and practitioners will discuss the most important legal challenges and best practice responses associated with the delivery of arbitration online in the COVID-19 crisis and beyond. The event will address, among other issues, the validity and enforceability of the arbitral award; the right to be heard and ordre public: online hearings as “hearings” in legal terms; how to assure consent of the parties to online proceedings; the arbitral tribunals’ powers to order online hearings absent party consent; specific online “guerrilla tactics” and possible sanctions; the taking evidence online; best online practices to safeguard the arbitration procedure and the award.

You can register here: https://law-oxford.zoom.us/webinar/register/WN_8MEHAFyZQImzXj1muaGrZQ

Please note that the event will be recorded and proceedings may be made publicly available after the event. By registering you consent to this.

NYU-SIAC webinar on “CISG in International Arbitration” posted for viewing

On 8 May 2020, the Center hosted, together with the Singapore International Arbitration Centre (SIAC), a webinar on the “CISG in International Arbitration.” The seminar took stock of the impact of CISG on international arbitration on the occasion of the Convention’s 40th anniversary. The panelists examined how CISG applies in arbitration and how that differs from CISG’s application in courts, how economic hardship is treated under CISG, how arbitral awards have applied the substantive provisions of CISG, as well as CISG issues in setting aside applications before the Singapore courts.

The webinar was recorded to allow those unable to take part in the seminar to benefit from the talks by the panelists (Justice Francesco Cortesi from the Italian Supreme Court; Professor Gary F. Bell, National University of Singapore; Professor Franco Ferrari, the Center’s Director;  Professor Friedrich Rosenfeld, Global Professor at NYU/Paris; Professor Marco Torsello, Verona University; Mr. Alvin Yeo, Chairman & Senior Partner of WongPartnership LLP in Singapore) and the ensuing discussion. The recording is available here: https://www.youtube.com/watch?v=nmtNzBk4cfM

Center hosts webinar titled “CISG in International Arbitration”

The Center hosts, together with the Singapore International Arbitration Centre (SIAC), a webinar on the “CISG in International Arbitration.” 


On the 40th anniversary of the United Nations Convention on Contracts for the International Sale of Goods (CISG), SIAC and NYU Law jointly present a webinar to take stock of the impact of CISG on international arbitration. The panelists will examine how CISG applies in arbitration and how that differs from CISG’s application in courts, how economic hardship is treated under CISG, how arbitral awards have applied the substantive provisions of CISG, as well as CISG issues in setting aside applications before the Singapore courts.


The panelists are Prof. Gary F. Bell, Justice Franco Cortesi, Prof. Franco Ferrari, Dr. Friedrich Rosenfeld, Prof. Marco Torsello, and Mr. Alvin Yeo. The event will be moderated by Mr. Piyush Prasad. 

To attend, please submit the webinar registration information here.

Webinar - May 8

Center hosts a conference entitled “The IBA Rules on the Taking of Evidence in International Arbitration”

On Tuesday, February 4th, 2020 (from 6.00 – 8.00 pm, in the Lester Pollack Colloquium Room, Furman Hall 900, 245 Sullivan Street, New York, NY 10012), the Center for Transnational Litigation, Arbitration, and Commercial Law will host a conference on the occasion of which the book authored by Roman Khodykin & Carol Mulcahy, “A Guide to the IBA Rules on the Taking of Evidence”,  Consultant Editor Nicholas Fletcher QC (Oxford University Press, 2019) will be discussed.

It is a great pleasure to be able to announce that Dirk De Meulemeester and Friedrich Rosenfeld will comment on the aforementioned book and that the co-authors Carol Mulcahy and Roman Khodykin will be present and respond to the comments.

Carol Mulcahy is a partner in the International Arbitration department of law firm Bryan Cave Leighton Paisner LLP. She has over 30 years of experience of dealing with commercial disputes in relation to a wide variety of transactions and industry sectors including disputes relating to joint ventures, energy projects, oil-trading, shareholder disputes and outsourcing agreements. Her arbitration practice includes proceedings under LCIA, SIAC, ICC and UNCITRAL rules, and with a variety of seats.  Carol is a Chartered Arbitrator and, in addition to her work as counsel, she sits as arbitrator in arbitrations conducted under the LCIA Rules. Carol also writes regularly for publications on a variety of topics related to international arbitration and other forms of dispute resolution. 

Roman Khodykin is a Partner at Bryan Cave Leighton Paisner LLP, and a Visiting Professor at the Centre for Commercial Law Studies at Queen Mary University of London. Roman is a dual qualified solicitor of the Senior Courts of England and Wales and a Russian advocate. He holds a PhD in Conflict of Laws. Between 2015 and 2018 Roman was an alternate member for Russia of the ICC International Court of Arbitration. In recent years Roman has acted in ICSID, LCIA, ICC, AAA and MKAS arbitrations. Roman also represented athletes before the Ad Hoc Division of the Court of Arbitration for Sport. In addition to his work as counsel he has sat as an arbitrator under the LCIA, SCC and  ICC Rules.  Roman is ranked as one of Who’s Who Legal’s Future Leaders 2018 in International Arbitration.  He is also named as Lawyer of the Year for work in International Arbitration in The Best Lawyers™ in Russia.

Dirk De Meulemeester is a partner at DMDB Law, a boutique law firm in Brussels and President of the Belgian Center for Arbitration and Mediation (CEPANI). He is a professor at the University of Gent and a visiting professor at the University of Leiden. He is a member of the Bar of Brussels and Paris (till 2017). Practicing dispute resolution for over 20 years, in both national and international commercial arbitration. Acting as counsel or arbitrator (co-arbitrator, sole arbitrator or presiding arbitrator) in over sixty arbitration proceedings, administered (incl. ICC, Swiss Rules, ICSID, PCA, CEPANI, WIPO, NAI) and ad hoc, governed by various procedural and substantive laws, both civil law and common law, and by international law. Extensive experience in Mediation, Mini-Trial, MedArb. Areas of specialization include joint venture, share purchase, M&A, sales, agency, distribution, IT, construction, energy, the pharmaceutical sector and investment arbitration.

Friedrich Rosenfeld is a partner at the arbitration boutique Hanefeld in Hamburg, Germany. Apart from his work as counsel in international arbitrations, Friedrich frequently sits as arbitrator. He has acted as president, co-arbitrator and sole arbitrator in arbitrations seated in Austria, Denmark, Germany, Greece, Israel, Switzerland and the United States. During this coming semester, Friedrich will teach international commercial arbitration at NYU School of Law as Global Hauser Professor from Practice. He is also a Visiting Professor at the International Hellenic University in Thessaloniki and a Lecturer at Bucerius Law School in Hamburg. Friedrich has published in leading journals on international arbitration. Most recently, he has co-edited and authored the book entitled “Inherent Powers in International Arbitration” (Juris, 2019).

There is no need to register for the event. Seats will be assigned on a first-come-first-served basis.

The Chatham House rule applies.

Center hosts conference on “CISG in International Arbitration”

The Center hosts, together with the International Centre for Dispute Resolution (ICDR) – the international branch of the American Arbitration Association (AAA), a conference on the “CISG in International Arbitration”. The CISG’s 40th anniversary seems an appropriate occasion to analyze some issues which are still generating controversy, such as the CISG’s applicability in international arbitration, the battle of the forms, the remedies available in case of fundamental breach of contract, as well as whether the CISG covers economic hardship. The event will take place on February 3, 2020, at NYU School of Law’s Furman Hall, 245 Sullivan St., Lester Pollack Colloquium Room, 9th floor, from 3:30-7:30 pm.

The event’s speakers are Prof. Kevin Davis (NYU), Prof. Clayton P. Gillette (NYU), Dr. Friedrich Rosenfeld (Visiting Professor, NYU), Prof. Marco Torsello (Verona University),  and Gretta Walters (Chaffetz Lindsey LLP, New York). The event will be moderated by Mr. Rafael Carmona (ICDR) and Prof. Franco Ferrari, the Center’s Director.