Arbitration vs Litigation: Can Recent Hague Instruments Influence the Market for Cross-border Commercial Dispute Resolution?
The CIDR and Luther cordially invite you to the third Luther Dispute Resolution Lecture by Professor Geneviève Saumier (McGill University)
One significant advantage of arbitration as a mechanism for commercial dispute resolution is the enforceability of arbitral awards under the 1958 New York Convention regime. The absence of an equivalent multilateral system for
enforcement of court decisions may be a distinguishing factor that continues to benefit arbitration over court litigation. This suggests that a change in the landscape for circulation of court judgments might have an influence on the forum chosen by parties seeking resolution of a cross border dispute. The 2005 Hague Convention on Choice of Court Agreements and the 2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters open the door to increased circulation of court judgments. This lecture will consider whether these instruments are likely to have any impact on the market for cross border dispute resolution.
Professor Geneviève Saumier holds the Peter Laing Q C Chair at McGill University’s Faculty of Law in Montreal (Canada). Her scholarship focuses on private international law and international commercial dispute resolution In addition to her participation in the Working Group on the Hague Principles on Choice of Law in International Commercial Contracts, she is the co Rapporteur for the 2019 Hague Judgments Convention.
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