Take Your 'Seat' - The Relative Merits Of European Arbitral Seats

On the 19th June 2019, DLA Piper hosted a debate at their London office on the relative merits of conducting arbitration proceedings in different European seats of arbitration. The panel discussion moderated by James Carter brought together arbitration specialists from six of the firm's European offices. Each of the panellists provided an insight into the key advantages of their city as a seat of arbitration; the benefits of using the local arbitration institution and its rules; and one recent development in, or notable feature of, substantive commercial or contract law in the jurisdiction.

London - LCIA (London Court of International Arbitration) and English Law

Anna Mills opened the debate, speaking about the reputation of the English legal system and London's status as a global financial centre. Lawyers, courts, arbitrators and institutions are of the highest quality and with an unrivalled reputation for impartiality and diversity. London is also geographically well-placed and easily accessible to parties.

The LCIA Rules themselves provide maximum flexibility - parties can benefit from expedited and emergency appointment of arbitrators, whilst costs are calculated independently of the amounts in dispute. Moreover, the Arbitration Act 1996 provides a valuable framework and arbitrators enjoy a symbiotic relationship with the English courts. Anna made specific reference to English law principles that recognise the parties' freedom to contract and a commercial approach to contractual interpretation.

Cologne - DIS (German Arbitration Institute) and German Law

Dr Frank Roth highlighted that the DIS is well-connected to the Benelux via an international train station hub and two regional airports, whilst the institute's conferencing infrastructure ensures even greater accessibility for parties.

He alluded to the strengths of the current DIS Arbitration Rules (effected on 1 March 2018), which provide a particular focus on early dispute resolution, ensuring efficiency and catering for international clientele. The reliable German legal system has served as a template for many foreign jurisdictions and a large corpus of case law is constantly refining statutes, which creates a level of legal certainty and predictability for parties.

Stockholm - SCC (Stockholm Chamber of Commerce) and Swedish Law

Karl-Oscar Dalin spoke about how Stockholm has functioned as a neutral safe haven for arbitration from the Middle Ages to the Gazprom-Naftogaz arbitration...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT