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Prof. Dr. Albert Jan van den Berg

Honorary President, ICCA

 

General bio

Prof. van den Berg is currently founding partner of Hanotiau & van den Berg in Brussels. He is the Acting General Editor for the ICCA Yearbook.  In the past he was partner at the law firms of Freshfields Bruckhaus Deringer and Stibbe Simont Monahan Duhot, both in Amsterdam.  Prior to that, he was partner at Van Doorne & Sjollema Advocaten in Rotterdam.  He has also worked as Secretary-General of the Netherlands Arbitration Institute, worked at the department of international commercial arbitration of TCM Asser Institute and was the private assistant to Prof. Pieter Sanders.

Prof. van den Berg is Professor Emeritus at the Erasmus University, Rotterdam and Visiting Professor at the Tsinghua University in Beijing.

Awards, Nominations and Special roles

Prof. van den Berg is a professor-at-law at the Erasmus University in Rotterdam. He is also a past President of the Netherlands Arbitration Institute (NAI) and former Vice-President of the London Court of International Arbitration (LCIA). 

Furthermore, he is a member of CIArb (London), DIAC (Dubai), ICC (Paris), LCIA Company (London), Foundation for International Arbitration Advocacy, Geneva,  Advisory Board of the Geneva University Master in International Dispute Settlement and academic council for the Institute for Transnational Arbitration in Texas.

Prof. van den Berg is Member of the Editorial Board of Global Counsel (London),  Global Arbitration Review (London), Tijdschrift voor Arbitrage (Rotterdam).

Prof. van den Berg was elected Arbitration Lawyer of the Year Award 2006 by The International Who’s Who of Business Lawyers.

Articles by this Author

 
A closer look at the proposed “new New York Convention”

NY Convention v hypothetical convention - Source: Global Arbitration Review

Birthdays can be fraught occasions. The New York Convention’s 50th birthday event took a twist – when the foremost authority on the convention, Albert Jan van den Berg, suggested the star of the show was showing its age. The Convention should be replaced, he said. He even had an example of a replacement ready – a “new” New York Convention.
But Albert Jan van den Berg remains certain. The difference between his view and that of others may come down to thinking time. He’s given the subject a lot of thought, while everybody else is just starting...

 

The "new" New York Convention 1958

What a modernized version of the New York Convention could look like...

At the Plenary Session of the ICCA Conference, Dublin, on 10 June 2008, Prof. Dr. Albert Jan van den Berg presented the international arbitration community with his proposal for a new New York Convention 1958.

Drafted with some of the contemporary questions in mind, the new proposal, amongst other matters: dispenses with the writing requirement for arbitration agreements currently in Article II, clarifies the question of residual power to refuse enforcement arising under Article V and inserts the "missing language" confirming the application of the more favourable right provision in Article VII to arbitration agreements.

To see the proposed new Convention, a comparision of the provisions of the current and new proposed Convention and an explanatory note regarding the changes, see Prof. Dr. van den Berg's articles above.