This conference is unique in that it is being co-hosted by the following six leading institutions in the field:
The International Centre for the Settlement of Investment Disputes (ICSID)ICSID is an autonomous international institution established under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States with over one hundred and forty member States. The Convention sets forth ICSID’s mandate, organization and core functions. The primary purpose of ICSID is to provide facilities for conciliation and arbitration of international investment disputes.
The International Council for International Arbitration (ICCA)ICCA is a worldwide organization devoted to promoting the use and improving the processes of arbitration, conciliation and other forms of resolving international commercial disputes. Its activities include convening international arbitration congresses and conferences, sponsoring authoritative dispute resolution publications, and promoting the harmonization of arbitration and conciliation rules, laws, procedures and standards.
An ICCA Congress or Conference is held every second year for the presentation and discussion of papers on different aspects of international dispute resolution. These meetings attract a large number of participants from all parts of the world, and have made significant contributions to the development of dispute resolution theory and practice.
ICCA’s principal publications, prepared with the assistance of the Permanent Court of Arbitration at The Hague, include the Yearbook Commercial Arbitration, the International Handbook on Commercial Arbitration, and the ICCA Congress Series, consisting of the papers presented at the biennial meetings. ICCA also co-sponsors KluwerArbitration Online, a fully searchable database in the field of international commercial arbitration.
ICCA has official status as a nongovernmental organization accredited by the United Nations. In that capacity, ICCA has participated actively in the preparation of the Arbitration Rules of the United Nations Commission on International Trade Law, the UNCITRAL Conciliation Rules, and the UNCITRAL Model Law on International Commercial Arbitration.
ICCA consists of Council Members who are recognized specialists in the field of dispute resolution. ICCA’s Statement of Purposes and Procedures provide that the Members “shall be elected from various parts of the world, from different legal and economic systems, and from developed as well as developing nations.” Persons who have served as Members for long periods are eligible to be designated lifetime Advisory Members. At present, there are 42 Members and 17 Advisory Members coming from 32 different countries.
ICCA is not an arbitral institution: it does not administer arbitrations or act as appointing authority.
The International Court of Arbitration of the International Chamber of Commerce (the ICC Court)The International Court of Arbitration of the International Chamber of Commerce is the body responsible for supervising all ICC arbitrations, and is assisted by its Secretariat which administers the arbitrations. The Court – which numbers business specialists as well as international lawyers – was created in 1923 and tracks the progress of each case and reviews the awards in order to facilitate their enforcement ever since.
Every part of the world is represented in the International Court of Arbitration of the International Chamber of Commerce and Secretariat. In the year 2009, ICC arbitration took place in 53 countries and involved arbitrators of 73 different nationalities. The Court’s membership is drawn from 90 countries. The Court and Secretariat can call upon ICC national committees in some 92 countries for assistance in finding the best arbitrators. The Secretariat has a staff of more than 50 of over 20 different nationalities, speaking all the world’s main languages.
The London Court of International Arbitration (LCIA)The LCIA is one of the longest-established international institutions for commercial dispute resolution. It is also one of the most modern and forward-looking. Although based in London, the LCIA is a thoroughly international institution, providing efficient, flexible and impartial administration of dispute resolution proceedings for all parties, regardless of their location, and under any system of law. Its operation and outlook are geared to ensuring that the parties may have complete confidence in its international credentials and in its impartiality.
The LCIA operates under a three-tier structure, comprising the Company, the Arbitration Court and the Secretariat.
The Company is a not-for-profit company limited by guarantee. The LCIA Board of Directors (made up largely of prominent London-based arbitration practitioners) is concerned with the operation and development of the LCIA’s business and with its compliance with applicable company law. The Board does not have an active role in the administration of dispute resolution procedures, though it does maintain a proper interest in the conduct of the LCIA’s administrative function.
The LCIA Court is the final authority for the proper application of the LCIA Rules. Its key functions are appointing tribunals, determining challenges to arbitrators, and controlling costs. Although the LCIA Court meets regularly in plenary session, most of the functions to be performed by it under LCIA rules and procedures are performed, on its behalf, by the President, by a Vice President or by a Division of the Court. The Court is made up of up to thirty five members, selected to provide and maintain a balance of leading practitioners in commercial arbitration, from the major trading areas of the world, and of whom no more than six may be of UK nationality.
Headed by the Registrar, the LCIA Secretariat is based at the International Dispute Resolution Centre in London and is responsible for the day-to-day administration of all disputes referred to the LCIA.
The Permanent Court of Arbitration at The Hague (the PCA)
The Permanent Court of Arbitration was established by the 1899 Convention for the Pacific Settlement of International Disputes (the “1899 Convention”), a product of the first Hague Peace Conference, which was convened at the initiative of Czar Nicholas II of Russia, “with the object of seeking the most objective means of ensuring to all peoples the benefits of a real and lasting peace, and, above all, of limiting the progressive development of existing armaments”. As the first global mechanism for the settlement of inter-state disputes, the Permanent Court of Arbitration was created to facilitate immediate recourse to arbitration for countries seeking peaceful resolution of their differences through third-party intervention. The 1899 Convention was refined and revised by the 1907 Convention for the Pacific Settlement of International Disputes (the “1907 Convention”), adopted at the second Hague Peace Conference.
The PCA is the body in charge of designating appointing authorities under the UNCITRAL Rules of arbitration, and administers numerous arbitrations with a particular focus on arbitrations involving States and State entities.
The PCA has opened a permanent branch in Mauritius pursuant to a Host Country Agreement concluded between Mauritius and the PCA in April 2009, and has been given a number of statutory functions (including that of default appointing authority) under the new Mauritian International Arbitration Act.
The United Nations Commission on International Trade Law (UNCITRAL)The United Nations Commission on International Trade Law (UNCITRAL) was established by the General Assembly of the United Nations in 1966 by Resolution 2205(XXI) of 17 December 1966. In establishing the Commission, the General Assembly recognized that disparities in national laws governing international trade created obstacles to the flow of trade, and it regarded the Commission as the vehicle by which the United Nations could play a more active role in reducing or removing these obstacles.
The General Assembly gave the Commission the general mandate to further the progressive harmonization and unification of the law of international trade. The Commission has since come to be the core legal body of the United Nations system in the field of international trade law.
The Commission is composed of sixty member States elected by the General Assembly. Membership is structured so as to be representative of the world’s various geographic regions and its principal economic and legal systems. Members of the Commission are elected for terms of six years, the terms of half the members expiring every three years.
Mauritius was elected a member of the Commission in 2010.
UNCITRAL has been playing a key role in the development of international arbitration worldwide in particular through the promotion of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, the development of its highly successful Model Law on International Commercial Arbitration (adopted by the Commission in 1985, and updated in 2006), and Rules of Arbitration (adopted by the Commission in 1976, and updated in 2010).
The new Mauritian International Arbitration Act is based on the UNCITRAL Model Law and was drafted in cooperation with the UNCITRAL Secretariat.