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Summary Proceedings in International Arbitration

The separation of the state courts’ and of the arbitrators’ respective spheres of competence, which is uncontroversial with respect to the merits of a dispute, is much more problematic in relation to summary proceedings, i.e. proceedings aimed at obtaining a rapid decision on one or more aspects of dispute. Whether, and to what extent, arbitral tribunals and state courts have jurisdiction to hear applications for summary judgments in the presence of an arbitration agreement on merits of the dispute, is one of the major problems of international arbitration, and the solutions adopted differ significantly from one jurisdiction to another.

rome arbitration1 Summary Proceedings in International Arbitration

The International Association of Lawyers (UIA) is proud to present its seminar on summary proceedings in international arbitration, organised in Rome on 18 June 2010 jointly with ArbIt, the Italian Forum on International Arbitration and ADR.

The focus of the seminar will be on the various procedural tools available to parties who seek summary relief in international arbitration and on the distinction between the respective jurisdictions of state courts and arbitral tribunals with respect to each of these procedural tools.

The programme will be sub-divided in four sessions. In each session three experienced practitioners will present their point of view on the topics discussed.

The first session will be devoted to provisional and conservatory measures in international arbitration. Are arbitrators empowered to order interim relief? If so, what measures can they order? Can state courts issue provisional and conservatory measures when parties have entered into an arbitration agreement? How can arbitral interim measures be enforced before state courts? Are the rules and principles applicable to international commercial arbitration also applicable to investment arbitration between States and private parties, or does a specific regime exist for this type of arbitration?

These, among others, will be the issues debated during this session.

The second session will deal with the situation in the few jurisdictions which prevent arbitrators from ordering interim relief. This is notably the case of Italy, where interim relief is still reserved to the judiciary.

Italian experts will discuss the effects and the precise scope of this prohibition.

In the third session procedural aspects of summary proceedings will be examined. International practitioners will deal with the nature and content of the rules governing summary proceedings before an arbitral tribunal. The availability of ex parte relief and of the summary disposition of claims will also be in the focus.

The concluding session will be devoted to the experience of several arbitral institutions which have adopted specific rules to govern summary proceedings (the “Pre-Arbitral Referee Procedure” of the International Chamber of Commerce, the summary arbitral proceedings of the Netherlands Arbitration Institute, and the procedure for the adoption of interim measures under the Code of the Court of Arbitration for Sport).

The programme is intended to be interactive and focused on practical issues. At the end of each session participants will have an opportunity to express their point of view and to discuss the various topics with the panellists.

For more details please visit UIA or ArbIt websites.

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