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6 April 20237 minute read

Arbitration Team - Coffee Break

April 2023

CIArb European Branch Annual Conference and AGM, Venice, April 21-22, 2023

On April 21 and 22, 2023, CIArb European Branch will host its Annual Conference in Venice, followed by the Annual General Meeting. The conference will focus on how the legal market resolves complex international disputes, such as those before dispute boards, emergency arbitration, mediation, arbitration, domestic state courts and international courts. Eminent speakers will hold panels discussing current trends and topics of international arbitration.

Helsinki International Arbitration Day, May 12, 2023

On May 12, 2023, the Finland Arbitration Institute will hold Helsinki International Arbitration Day. Participants will analyze trends in International Arbitration and the impact of energy transition on energy disputes.

It takes two to waltz – Vienna Arbitration Days, May 12-13, 2023

Get ready for the Vienna Arbitration Days, which will take place in the Austrian capital on May 12 and 13, 2023. The program has already been published. To check it out and register, click here.

Racial Equality for Arbitration Lawyers (R.E.A.L.)’s Arbitral Appointments Workshop – April 10, 2023

Register and participate to the workshop on arbitral appointments hosted by R.E.A.L. and taking place online on April 10, 2023. The discussion, moderated by Hiroko Yamamoto, will see Ms. Gokce Uyar, Mr. Shinji Ogawa, Mr. Steve Kim and Ms. Adriana Uson as speakers. For more information on the workshop, visit here.


Energy Charter Treaty Secretariat sends letter to EU Parliament

On February 13, 2023, the Energy Charter Treaty (ECT) Secretariat sent a letter to the EU Parliament. In the letter the Secretariat acknowledged the EU Parliament’s Resolution 2022/2934 encouraging EU Member States to withdraw from the ECT.

The Secretariat urged the EU not to block the modernization process in the updated ECT text released on June 24, 2022. It also maintained that the text is in line with the EU Commission’s agenda to stop protecting investments in fossil fuels. Read more here.

Milan Chamber of Commerce releases new arbitration rules

The Milan Chamber of Commerce has released its new rules, effective as of March 1, 2023, in the aftermath of the recent reform of the Italian Code of Civil Procedure, which includes amendments to the relevant section concerning arbitration. A short article will follow on this regard.

Book review

Errori cognitivi e arbitrato by Stefano Azzali, Umberto Morera and Giacomo Rojas Elgueta

In the past few weeks, we re-read “Errori cognitivi e arbitrato” edited by Stefano Azzali, Umberto Morera and Giacomo Rojas Elgueta in 2018 and published by Il Mulino.

The book, though not a recent publication, is still relevant today. It deals with the evergreen topic of the errors judges (or, in this case, arbitrators) may incur during their decision-making process.

The reason the book only looks at arbitration is because of the specific role arbitrators have. Arbitrators, differently from judges, are not accountable to the State, but to the private individuals or companies that have chosen them to decide their dispute. Considering that, in most instances, their role is grounded on the parties’ choice, arbitrators may be inclined to be more meticulous than national judges in their decision-making. In arbitration, the arbitrators’ approach and attitude is fundamental to secure subsequent appointments. In state court litigation, judges are instead entrusted by the chair of the Court regardless of their reputation, on a random basis.

The book is divided in three parts: the first deals with the scientific methodology relied upon by the Authors to study the arbitrators’ tendency to incur in cognitive errors, while the other two describe the errors that arbitrators may incur during the arbitration proceedings (Part 2) and within the deliberation process (Part 3).

The Authors conclude that the difference between judges and arbitrators when speaking about cognitive errors in the decision-making process is less broad than one might think.

Good to know

Check out the article by our Cecilia Vincenzo about the role of international arbitration in resolving disputes in outer space.