14/04/2014

“The Legal System of Arbitration”

This conference will take place at the School of Law and Doctoral School of Sciences Po in Paris on the theme “The Legal System of Arbitration”. The conference will take place in the Auditorium Albert Sorel – Leroy Beaulieu in Paris, 27 rue Saint-Guillaume, 75007, between 1700 and 1900.

 

The conference, hosted by Professor Diego P. Fernández Arroyo, will bring together leading lawyers in the field of international arbitration: Professor George A. Bermann, Professor Emmanuel Gaillard, Sir Dominic Hascher, Professor Pierre Mayer and Mrs. Prof. Horatia Muir Watt.

 

Discussions will cover the fascinating topic of the relationship between arbitration and legal systems, arising from an article by Emmanuel Gaillard which was published in 2008 on the philosophical aspects of International Arbitration – that has renewed the debate and generated a lot of discussion.

 

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The publication in 2008 of course given by Emmanuel Gaillard at the Academy of International Law in The Hague on the philosophical aspects of the law of international arbitration (now available in several languages) has renewed the discussion on the relationship between arbitration and state legal orders. According to the author, alongside the traditional conceptions of binding arbitration, there are two classical conceptions of arbitration. The first conception is that arbitration can be linked to the legal order of the State of the seat of arbitration. The second conception is that arbitration can be linked to different states depending on the seat of the enforcement of the arbitral award. A new third conception recognises the existence of a legal system of arbitration which has all the characteristics of a genuine legal system. The symposium aims to discuss all aspects of these conceptions in light of recent case law and legislative developments in France and abroad.

Admission is free by registering in advance with Zina Osmani, at Sciences Po, by filling out the forms on the flier at the link below and sending to the following address:

 

zina.osmani@sciences-po.fr

 

The flyer is accessible at the following link:

 

http://www.iaiparis.com/dwnld/agenda/Autourdelordrejuridiquearbitral010611.pdf

 

Professor Emmanuel Gaillard’s work, published in French in 2008 (http://www.brill.nl/product_id31416.htm), has been published:

 

– In English in 2010 in the Legal Theory of International Arbitration:

 

http://www.brill.nl/default.aspx?partid=18&pid=41971

 

or

 

http://www.brill.nl/default.aspx?partid=210&pid=42134

 

– In Spanish, in 2010 under the title Teoría Jurídica Internacional del Arbitraje:

 

http://www.cedep.org.py/detalle.php?id=31