IBA Annual Conference Rome 2018

7 Oct - 12 Oct 2018

Session Room T, Level -1

Session information

Judges or arbitrators: comparisons between courts and arbitral tribunals, the view of advocates, do retired judges or seasoned advocates make good arbitrators and does arbitration need litigation on top?
Session Room T, Level -1

Committee(s)

Forum for Barristers and Advocates (Lead)
Arbitration Committee
Litigation Committee

Description

This session will explore procedural distinctions between arbitral tribunals and traditional courts, and the extent to which there are variations between: - common and civil law systems; - arbitral institutions that provide for greater court scrutiny; and - arbitration in general commercial cases as opposed to specialists London Maritime Arbitration Association (LMAA). The session will discuss the relative merits of procedures governing dispute resolution before courts or private bodies. It will examine the extent to which arbitration (both substance and procedural rules) require an element of judicial scrutiny in light of the fact that most are private/confidential. The identity and experience of arbitrator-types will be discussed. The session may also examine whether the development of a single transnational arbitral institution is a good idea in principle.

Session / Workshop Chair(s)

Paul McGarry SC The Bar of Ireland, Dublin, Ireland; Co-Chair, Forum for Barristers and Advocates
Winnie Tam SC Des Voeux Chambers, Hong Kong, Hong Kong SAR; Co-Chair, Forum for Barristers and Advocates

Speakers

Chief Justice Chief Justice Frank Clarke The Supreme Court of Ireland, Dublin, Ireland
Ines Sola Pan American Energy, Buenos Aires, Argentina
Christopher Tahbaz Debevoise & Plimpton LLP, New York, New York, USA
Andrew Walker KC Bar Council of England and Wales, London, England; President / Chairperson, Member Organisations