ILA Project on Conflict of Laws in Arbitration

A webinar of the International Law Association (ILA) Committee on Conflict of Laws Issues in International Arbitration will take place on 18 February 2025.

The webinar will be held in two sessions with identical content, to accommodate participants around the world. Here are the zoom links:

Session 1 (8 AM London, 9 AM Berlin, 4 PM Hong Kong, 7 PM Sydney)
Session 2 (8 AM US Pacific Coast, 11 AM US East Coast, 4 PM London, 5 PM Berlin)

The webinars aim to inform those who are interested in the Committee about the project’s content and how to become members.

Why This Topic Matters

Those working in international arbitration will not be surprised by the topic. Conflict-of-laws problems frequently surface in arbitration, causing head-scratching, sometimes headaches, and in the worst cases head-on collisions. Readers of this blog will remember the online symposium we organised on the law governing the arbitration agreement. This is just one of the many intricate conflicts problems that may plague arbitration proceedings. Here are some other issues:

• Which law governs arbitrability, i.e. the question whether the dispute is amenable to private dispute resolution?
• Which law governs the duty of document production?
• Which law governs attorney–client or other forms of privilege?
• How should an arbitrator deal with sanctions, moratoria, or other overriding mandatory rules?

Committee Leadership and Mandate

The ILA has decided to set up this new committee, chaired by Nikolaus Pitkowitz (Vienna) and Wendy Lin (Singapore). The rapporteurs are Mariel Dimsey (Hong Kong) and me. The full mandate can be found here.

In a first step, the Committee will run for four years, from 2025 to 2028. In this time, it will draft a questionnaire, disseminate it to ILA members, and analyse the responses. It will also elaborate a general methodology and principles for tackling conflicts problems in arbitration. Should the project be extended for a second phase, from 2029 to 2030, the Committee may also draft new rules in the form of treaties, model laws, or arbitration rules that will be suggested to international organisations and institutions.

Call for Support

The task of the Committee is broad, complex, and has potentially far-reaching consequences. We would welcome if members of EAPIL and readers of this blog support this committee with their expertise in private international law. Please be aware that only ILA members can participate in the Committee, and that they must be nominated by their national chapters. More information will be given in the webinars.