Pre-Vis Moot Conference: Conflict of Laws in Arbitration

For the second year in a row, Bucerius Law School, University of Vienna, New York University’s Law School and McGill University Montreal joined forces and organized an academic conference prior to the 25th Vis Moot on March 23, 2018 in Vienna. This year’s conference addressed the trending topic of Conflict of Laws in Arbitration.

While various authors claim that conflict of laws plays a limited role in arbitration, case law from numerous jurisdictions proves the opposite. Around 100 scholars and practitioners joined the debate at the Juridicum in Vienna on March 23 as Bucerius Law School, New York University’s Law School, McGill University Montreal and University of Vienna started the 25th Vis Moot with a conference on the topic of Conflict of Laws in Arbitration.

The nine presentations covered legal questions regularly encountered in arbitral proceedings with regard to conflicts of laws, e.g. the liability of arbitrators, the liability of arbitral institutions or the extension of arbitration agreements to third parties. All presentations were based on contributions to the forthcoming second edition of a book by Professor Franco Ferrari and Professor Stefan Kröll (eds) on Conflict of Laws in International Arbitration.

Bucerius Law School was represented by both directors of the newly founded Center for International Dispute Resolution, Professor Karsten Thorn and Professor Stefan Kröll. Starting from a recent decision of the Austrian Supreme Court (OGH), Professor Thorn elaborated on lois de police and the arbitration agreement, while Professor Kröll addressed conflict of laws questions in the context of insolvency and arbitration.

Furthermore, Bucerius-Alumnus Dr. Friedrich Rosenfeld delivered a speech on privilege in arbitration and the respective conflict of laws question.

During the lunch break and in the presence of many authors, Professor Harry Flechtner of the University of Pittsburgh introduced the second edition of the commentary on the UN Convention on Contracts for the International Sale of Goods (CISG) edited by Stefan Kröll, Loukas Mistelis and Pilar Perales Viscasillas. Professor Flechtner praised it as a most respected standard work when it comes to the Convention. Overall, the conference was an inspiring start to the 25th Vis Moot.

Pictures of the event may be found here:

Conference Schedule