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"The Role of Arbitration in the Dispensal of Justice" Does Arbitration Maintain the Advantages it Traditionally Enjoyed? Nathan Searle, Senior Associate.

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Presentation on theme: ""The Role of Arbitration in the Dispensal of Justice" Does Arbitration Maintain the Advantages it Traditionally Enjoyed? Nathan Searle, Senior Associate."— Presentation transcript:

1 "The Role of Arbitration in the Dispensal of Justice" Does Arbitration Maintain the Advantages it Traditionally Enjoyed? Nathan Searle, Senior Associate London 18 November 2014

2 www.hoganlovells.com Advantages of arbitration Extensive enforcement network under New York Convention Flexible Neutral Party autonomy Parties choose tribunal Parties can choose place of arbitration Finality Private 2 Confidential (with some exceptions) Speed Cost

3 www.hoganlovells.com Enforceability - New York Convention Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 Extensive network for enforcement Ratified by 153 states Contracting states required to enforce valid arbitration agreements Limited grounds for refusing enforcement of awards 3

4 www.hoganlovells.com States that have ratified the New York Convention 4 ratified not ratified

5 www.hoganlovells.com Recent innovations IBA Guidelines on Party Representation in International Arbitration 2013 Recent updates to institutional rules: –LCIA Rules 2014 –SIAC Rules 2013 –ICC Rules 2012 –UNCITRAL Rules 2010 and 2014 Emergency arbitrators Joinder & consolidation provisions Improvements in procedural efficiency New arbitration centres Documents only and on-line arbitration 5

6 www.hoganlovells.com A quick way to justice? Time and costs – what is a fair comparison? Justice vs time & cost Quality = time + cost Time and cost are factors of party autonomy 6

7 www.hoganlovells.com "Hogan Lovells" or the "firm" is an international legal practice that includes Hogan Lovells International LLP, Hogan Lovells US LLP and their affiliated businesses. The word "partner" is used to describe a partner or member of Hogan Lovells International LLP, Hogan Lovells US LLP or any of their affiliated entities or any employee or consultant with equivalent standing. Certain individuals, who are designated as partners, but who are not members of Hogan Lovells International LLP, do not hold qualifications equivalent to members. For more information about Hogan Lovells, the partners and their qualifications, see www.hoganlovells.com. Where case studies are included, results achieved do not guarantee similar outcomes for other clients. Attorney Advertising. © Hogan Lovells 2014. All rights reserved. 5539149 *Associated offices Hogan Lovells has offices in: Alicante Amsterdam Baltimore Beijing Brussels Budapest* Caracas Colorado Springs Denver Dubai Dusseldorf Frankfurt Hamburg Hanoi Ho Chi Minh City Hong Kong Houston Jakarta* Jeddah* Johannesburg London Los Angeles Luxembourg Madrid Mexico City Miami Milan Monterrey Moscow Munich New York Northern Virginia Paris Philadelphia Rio de Janeiro Riyadh* Rome San Francisco São Paulo Shanghai Silicon Valley Singapore Tokyo Ulaanbaatar Warsaw Washington DC Zagreb* Nathan Searle Senior Associate, London T +44 20 7296 5233 nathan.searle@hoganlovells.com


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