Judges who have queries regarding ICCA's Virtual Judicial Forum for Judges (which is no longer operational) are asked to contact the ICCA Bureau with their queries via bureau@arbitration-icca.org.


Attendance at Roadshows is by invitation only.


Download or order the NYC Guide »


Presentations of ICCA's Guide to the New York Convention

Since its launch in 2011, over 5000 hard copies of the various translations have been distributed to judges across the globe, including judges from: Argentina, Belgium, Brazil, Chile, China, Cyprus, Georgia, Greece, Haiti, Hong Kong, Hungary, India, Indonesia, Italy, Mauritius, Malaysia, Mexico, Myanmar, Peru, Poland, Portugal, Russia, Rwanda, Serbia, Seychelles, Singapore, and Switzerland.

Materials from New York Convention Roadshows

Dialogue in Jamaica, August 2017
Paper by Marike Paulsson
India NYC Roadshow - November 2013 Opening Address
Chief Justice Hon'ble Mr. Justice P. Sathasivam
India NYC Roadshow - November 2013 Introduction to the New York Convention
Transcript of Mr. Fali S. Nariman's intervention
REPORT and The India Resolutions for the 1958 Convention on the Recognition and enforcement of foreign awards
By Fali S. Nariman and Marike Paulsson
Mauritius NYC Roadshow Welcome Speech
The Hon, Chief Justice, Y K J Yeung Sik Yuen

Contact

ICCA Judiciary Committee Chair:  Albert Jan van den Berg

ICCA Bureau: bureau@arbitration-icca.org

Members of ICCA's Judiciary Committee:

  • Albert Jan van den Berg (Chair)
  • Mohamed Abdel Raouf (Middle East Judicial Liaison)
  • Silvia Borelli
  • Lise Bosman
  • Judge Dominique Hascher (EU Judicial Liaison)
  • Andres Jana
  • Carolyn Lamm
  • Chief Justice Sundaresh Menon
  • Ellen Gracie Northfleet
  • Marike Paulsson

In 2012, ICCA launched a series of colloquia for judges on the New York Convention known as the “New York Convention Roadshow”. This initiative recognizes the dependence of international arbitration practice on the critical role of national court judges in applying the New York Convention. With 164 contracting States and over 2 100 national court decisions reported in ICCA's Yearbook Commercial Arbitration, the Convention is rightly regarded as the backbone of international commercial arbitration.

Judicial workshops on the New York Convention are led by the ICCA Judiciary Committee and organised with the assistance of Young ICCA. Each event is adapted to take account of the specific challenges faced by judges in applying the Convention in a particular region or jurisdiction, and includes both an article-by-article review of the Convention, as well as extensive dialogue with judges.

Workshops make use of ICCA’s “Guide to the Interpretation of the 1958 New York Convention” (now available in Arabic, Armenian, Burmese, Chinese, Croatian, English, Farsi, French, Georgian, Greek, Hebrew, Indonesian, Italian, Korean, Polish, Portuguese, Romanian, Russian, Serbian, Spanish, Thai, Turkish and Vietnamese, complimentary copies of which are provided to participating judges)  and of the New York Convention website (an initiative of Professor Albert Jan van den Berg). Consult our factsheet for more details.


Past Events


ICCA's New York Convention Roadshow Goes Online: Ghanaian Judiciary, 29 June - 1 July 2020

“Welcome to ICCA online!” With these words, former ICCA President and New York Convention expert Professor Albert Jan van den Berg welcomed Ghanaian judges to ICCA’s first ever online sessions on the application of the 1958 New York Convention (NYC), devised for the Ghanaian judiciary. In a successful experiment with a new format, ICCA hosted three consecutive webinars on 29 and 30 June and 1 July for judges from the Ghanaian High Court, Appeal Court and Supreme Courts. The remote sessions connected to the Accra-based Judicial Training Institute of Ghana (JTI), where Ghanaian High Court, Appeal Court and Supreme Court judges gathered for presentations on the Convention.

ICCA Executive Director Lise Bosman kicked-off the sessions with an introduction to ICCA’s history and activities, highlighting ICCA’s long involvement with the NYC – starting with the role played by ICCA’s co-founder Pieter Sanders in the drafting of the Convention, and continuing through ICCA’s reporting on New York Convention court judgments in the ICCA Yearbook since the mid-1970s, with the Yearbook now including over 2500 reported decisions on the Convention. Ms Bosman noted that ICCA’s involvement was further strengthened from 2012, with the launch of its “New York Convention Roadshow” programme. Since the launch of the programme, ICCA has hosted over 30 in-person colloquia with national court judges on five continents on the application of the Convention.

ICC Vice-President and President of the ICC’s Africa Commission Ndanga Kamau then provided an overview of the field of international commercial arbitration, stressing the relevance of the NYC for national court judiciaries in Africa. Albert Jan van den Berg provided concise insights into the correct interpretation and application of the New York Convention, before yielding the screen to former Ghanaian Supreme Court Justice, Professor Samuel Kofi Date-Bah, who drew the threads together, examining how the Convention is applied within Ghanaian arbitration law and practice. Active questioning from judges closed the sessions.

Speakers made use of ICCA’s Guide to the Interpretation of the 1958 New York Convention, now available in 23 languages. The webinars were co-hosted with the ICC Africa Commission and the Ghanaian Judicial Training Institute, and we thank them for this very fruitful collaboration. Particular thanks go to Justice Samuel Marful-Sau, head of the JTI, for his kind offices in enabling this collaboration. All ICCA Yearbook reported decisions on the Convention are available through KluwerArbitration.com.


EJTN Training Session on Alternative Dispute Resolution:
23-24 October 2019

On 23-24 October 2019 ICCA Governing Board Member and Judiciary Committee Chair Judge Dominique Hascher spoke at the European Judicial Training Network (EJTN) Training Session on Alternative Dispute Resolution held at the School for the Judiciary (SSM) in Scandicci.

Around 50 judges from European Union Member Countries attended the training. The programme, which was thus designed for European Union judges more widely, included a presentation on ADR in the context of European constitutional principles (such as the EU Charter of Fundamental Rights and the European Convention on Human Rights) and European Directive 2008/52 of 21 May 2008 on certain aspects of mediation in civil and commercial matters. The presentation also considered the impact of ADR on judicial proceedings in light of the case law of the European Court of Justice.

In the context of these different themes, Judge Hascher’s presentation on the New York Convention focused in particular on the relationship between the courts and arbitration. The New York Convention promotes legal principles which are essential to the rule of law, such as providing an effective right of access to arbitration in Article II by referring parties who have entered into a valid arbitration agreement to arbitration. Article III, which lays down a rule of non-discrimination in the treatment of domestic and foreign awards, grants procedural rights to aliens. This includes a right of access to the courts of the enforcement country. The right of access to justice is further strengthened by the principle of legal certainty developed by New York Convention which, by designing a pro-enforcement scheme for binding awards, obliges the courts to leave awards undisturbed, with the few exceptions listed in Article V.

It is the hope of ICCA’s Judiciary Committee that cooperation with the EJTN will be further developed in the future, either by participation in training seminars with a scope beyond arbitration or through webinars focusing exclusively on arbitration for judges.


New York Convention Roadshow: Yerevan, Armenia, 3 September 2019 

“We are all partners in the uniform application of the New York Convention”. This was the message delivered on 3 September by Judge Dominique Hascher of the French Supreme Court and ICCA Governing Board to nearly 40 judges of the Armenian courts as part of ICCA’s New York Convention Roadshow (NYC) programme. 

In a day-long seminar hosted by the American University of Armenia (AUA) in Yerevan and opened by First Deputy Minister of the Ministry of Justice of Armenia Rafik Gregoryan, ICCA Executive Director Lise Bosman sketched the architecture of the international arbitration system, Judge Hascher delivered a detailed article-by-article account of best practices in the application of the NYC, and Mushegh Manukyan of Three Crowns LLP spoke about the incorporation of the NYC into Armenian law and Armenian arbitration-related case law. The Chief Judge of the Armenian Civil Appeals Court Arsen Mkrtchyan gave the courts’ perspective on the enforcement of arbitral awards, also addressing questions by fellow judges on matters of civil procedure. A lively Q&A session at the end of the day addressed issues of civil procedure, public policy matters, and aspects of Armenia’s UNCITRAL Model Law-based arbitration legislation, among others. 

The programme made use of the recently-launched Armenian-language edition of ICCA’s Guide to the Interpretation of the 1958 New York Convention (the 23rd translation of this Guide), freely available on ICCA’s website and distributed in hard copy to the Armenian courts. 

The NYC Roadshow programme formed part of a series of events held on 3-4 September in the “pink city” of Yerevan — a name derived from the characteristic dusky rose tone of the stone traditionally used in buildings along Yerevan’s broad avenues. The NYC Roadshow seminar was complemented by a Young ICCA workshop on 4 September on oral advocacy in international arbitration and a conference on 4 September on Investment Disputes in Armenia, hosted by the AUA and featuring speakers from ICCA, as well as other international and local experts.

ICCA thanks the tireless organisers of the Roadshow, Talin Hitik (Executive Director of the newly-formed Armenia Centre for Dispute Resolution) and Mushegh Manukyan (translator of the Armenian version of the Guide, working closely with graduates of the AUA). Additional thanks are due to Ms Hitik for initiating and organizing the related events.


New York Convention Roadshow: Singapore, 18 July 2019

The Singapore New York Convention Roadshow was held at the Supreme Court of Singapore on 18 and 19 July 2019, hosted by the Singapore Judicial College.  Opening the event, Senior Counsel Foo Chee Hock, Dean of the Singapore Judicial College, welcomed judges from Cambodia, Indonesia, Myanmar, the Philippines, Thailand, Singapore, and Vietnam.  

As well as engaging in an immersive introduction to each provision of the New York Convention and judicial decisions interpreting and applying the key principles of the Convention from jurisdictions across the world, the colloquium showcased recent jurisprudence from Singapore and the ASEAN region, highlighting the emergence of a pro-arbitration judicial policy.  The colloquium began with a wide-angle introduction to the field of international arbitration, with case examples from some of the world’s oldest arbitration institutions, an introduction to the work of UNCITRAL, and a consideration of the special features of arbitral practice in the ASEAN region.  The UNCITRAL Model Law is the basis of the national arbitration laws of Cambodia (Commercial Arbitration Law 2006), Myanmar (Arbitration Law 2016), the Philippines (Alternative Dispute Resolution Act 2004), Singapore (International Arbitration Act 2012), and Thailand (Arbitration Act 2002), while non-Model Law countries in the region include Indonesia (Law on Arbitration and Alternative Dispute Resolution 1999) and Vietnam (Law on Commercial Arbitration 2010).

Sessions dedicated to the arbitration agreement and the organization of arbitration proceedings included a consideration of the salient details of the arbitration rules of institutions in the region, including the Singapore International Arbitration Centre (SIAC), the Asian International Arbitration Centre (AIAC), the Badan Arbitrase Nasional Indonesia (BANI), the Philippines Dispute Resolution Centre, Inc. (PDRCI), the Thai Arbitration Centre (THAC), and the Vietnam International Arbitration Centre (VIAC). 

The Roadshow continued on the second day with an in-depth, article-by-article analysis of the New York Convention, which was richly illustrated with presentations on current Singapore law on enforcement of arbitral awards and on issues specific to ASEAN jurisdictions, with specific focus on Singapore, highlighting recent judicial decisions on key issues relating to arbitrability and public policy.  The event concluded with a fully interactive discussion of questions arising during the colloquium.

The Singapore New York Convention Roadshow 2019 was led by Judge Dominique Hascher (French Supreme Court) with Fedelma C. Smith (Permanent Court of Arbitration - Singapore Office), Foo Yuet Min (Drew & Napier, Singapore), Simon Dunbar (King & Spalding, Singapore), Andre Maniam SC, and Koh Swee Yen (WongPartnership LLP, Singapore).


NEW YORK CONVENTION ROADSHOW: EDINBURGH, SCOTLAND, 31 MAY 2019

ICCA and the Scottish Arbitration Centre worked with the Judicial Institute for Scotland to host a colloquium on New York Convention practice with some of the Senators of the College of Justice in Edinburgh on 31 May. 

Judicial workshops on the New York Convention are led by the ICCA Judiciary Committee.  Each event is adapted to take account of the specific challenges faced by judges in applying the Convention in a particular region or jurisdiction, and includes both an article-by-article review of the Convention, as well as extensive dialogue with judges.

At the event, ICCA was represented by Judge Dominique Hascher of the French Supreme Court, Erica Stein of Dechert in Brussel, and Lise Bosman, ICCA Executive Director. The Centre was represented by Sir David Edward QC, Brandon Malone and Andrew Mackenzie. It took place in the Judicial Training Centre in Parliament House with support from the Lord President and Lord Justice Clerk and programme input from Lord Glennie.  

Lord Glennie said:
“It was a privilege for us as judges of the Court of Session to have the opportunity of interacting with ICCA and benefitting from their vast range of experience on issues to do with recognition and enforcement of arbitration agreements and awards under the New York Convention.  This is particularly welcome in light of the new impetus given to arbitration in Scotland with the recent introduction of the Arbitration (Scotland) Act 2010 and the impending ICCA 2020 congress in Edinburgh next year.  Our thanks go to the representatives of ICCA who attended and to the Scottish Arbitration Centre who helped to arrange this event.”

Andrew Mackenzie said:
“The Scottish Arbitration Centre was honoured to work with ICCA and the Judicial Institute to deliver this judicial discussion on enforcement of arbitral awards under the New York Convention.  The event allowed for interaction between our judges and international arbitration practitioners and judges from other jurisdictions, with a stimulating exchange of views.  We are delighted to be engaging with the judges of the Court of Session as we prepare to bring the ICCA Congress to Edinburgh next year.”

Lise Bosman said:
“ICCA’s New York Convention programme recognizes the critical contribution that national court judges make to the system of international arbitration. We are delighted to have been able to engage in such a fruitful dialogue with Scottish judges.”


NEW YORK CONVENTION ROADSHOW: mexico city, 27 march 2019

The Roadshow was attended by respected members of the judiciary as well as the crème de la crème of the Mexican arbitration community. Internationally renowned practitioners including former ICCA President Albert Jan van den Berg and current ICCA President Gabrielle Kaufmann-Kohler also attended the event. Prof. Kaufmann-Kohler gave the opening remarks along with Justice Gutierrez Ortíz Mena, a respected Justice who penned one of the most applauded Mexican Supreme Court decisions involving arbitration in Mexican history.

The format followed the traditional ICCA New York Convention Roadshow structure: a dialogue between practitioners and judges that is focused on the interpretation and application of the New York Convention (NYC). Attendees were provided with a thorough compilation of Mexican judicial decisions of all levels and each session focused on a different NYC topic. Panels were made up of two speakers and two commentators. The two speakers, one  a judge and one an arbitration expert, were asked to initiate the discussion for a topic by sharing their perspectives as a judge or arbitration expert. The commentators were then invited to comment on these perspectives. Thereafter, the audience was invited to ask question and submit comments. This structure allowed for an inclusive discussion and the judiciary engaged with the topics with enthusiasm. 

One thing that occurred, which is telling of the success of the event, is the following. Justice Gutierrez Ortiz Mena began his remarks by asking a series of questions and premises that should always be considered.

The questions were: 

1. Is there a Constitutional right to arbitration?

2. What is the standard of review of awards?

The premises to observe were:  

1. Arbitration is not the waiver of a constitutional right, but an exercise of constitutional rights.

2. There is no reason to prefer State Justice to private justice. (There is no “pro-action preference for State Justice” were the Justice’s exact words.) The State should be neutral with regards to alternative dispute mechanisms, he emphasized.

3. As to the revision of arbitral awards, a standard of deference should exist.  As long as the decision is rational, it shall be respected.

I think it is fair to conclude that Mexico’s arbitration future is promising – at least from the perspective of the Judicial application of the New York Convention.


NEW YORK CONVENTION ROADSHOW: CASABLANCA, MOROCCO 29 November 2018

 

From Thursday 29 November – Friday 30 November, the Casablanca Finance City Authority (CFCA), the Casablanca International Mediation & Arbitration Centre (CIMAC) and McDermott Will & Emery hosted the 4th Casablanca Arbitration Days event at the Hyatt Regency Casablanca. A Judicial Dialogue was facilitated by ICCA Judiciary Committee Member Ms. Marike Paulsson and copies of the French and Arabic translations of ICCA’s Guide to the 1958 New York Convention were distributed to participants.

A full report on the event will follow shortly. For the full version of Ms. Paulsson’s speech for the event, please click here.


NEW YORK CONVENTION ROADSHOW: SUVA, FIJI 9 FEBRUARY 2018

On 9 February 2018, the Asian Development Bank (ADB) hosted a one-day course for some 30 senior Judges of the Fiji High Court and Court of Appeal. The course was run by ICCA Advisory Board Member Michael Hwang and Brenda Horrigan. 

ADB has been promoting the adoption of international arbitration in the South Pacific as, until recently, only two territories had acceded to the New York Convention (“NYC”) viz the Marshall Islands and the Cook Islands. ADB has persuaded Fiji, as one of the most important territories in the South Pacific, to embrace international arbitration, and accordingly, Fiji passed the International Arbitration Act in the second half of 2017 which is closely based on the Model Law. Fiji has also acceded to the NYC. It only awaits the enactment of subsidiary legislation concerning the procedures for enforcing international arbitration awards in Fiji and the manner of hearing arbitration cases in the High Court before the Act will be brought into force later this year. 

As part of the preparation for the new legislation, Mr Hwang and Ms Horrigan prepared a one-day course on international arbitration and the NYC for the senior Judges. The teaching team made use of ICCA materials for the presentation on the NYC and copies of ICCA's Guide to the NYC were distributed during the course.  

The morning session was led by Mr Hwang who gave an introduction to general principles of international arbitration with numerous references to case law (mainly Singaporean since they dealt with equivalent provisions of the Model Law).  The afternoon session was led by Ms Horrigan who used ICCA's materials to take the Judges through an article-by-article explanation of the NYC. 

The Judges were keen and receptive and the sessions were interactive, resulting in many relevant and pointed questions being asked by individual Judges.  After the training course, the Chief Justice of Fiji, who personally attended most of the course, sent a letter of thanks.

ADB is hopeful that other territories in the South Pacific will follow the Fijian example and that further training courses, where ICCA could play a useful part in judicial training, might be in store.



 


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