ESQ Legal Practice Magazine JUNE 2014 EDITION | Page 26

of commercial arbitration
agreements in international
contracts and to unify the
standards by which
agreements to arbitrate are
observed and arbitral awards
are enforced in the signatory
countries.”
“In Bergesen v. Joseph Muller
Corp., 710 F.2d 928 (2d Cir.
1983), the Second Circuit, in
interpreting the meaning of
foreign awards, held that it
preferred a “broader
construction because it is more
in line with the intended
purpose of the treaty, which
was entered into to encourage
the recognition and
enforcement of international
arbitration awards.”
Fedelma Claire Smith, from
Netherlands and Legal
Counsel, Permanent Court of
Arbitration, spoke extensively
on the fate of the New York
convention, emphasising that
its objectives were to make
“States parties to avoid
discrimination against foreign
and non-domestic arbitral
awards, States Parties to
ensure such awards are
recognized and generally
26 I EsQ legal practice

capable of enforcement in
their jurisdiction in the same
way as domestic awards and
National courts of States
Parties to give full effect to
arbitration agreements by
denying the parties access to
court in contravention of their
agreement to refer the matter
to an arbitral tribunal.”

instead of complaining about
neglect. He listed what they
must ensure to be there, which
included, “Conducive legal
frame work, supportive crop
of trained and qualified
personnel to serve as
arbitrators, mediators,
conciliators, experts,
transcribers, etc, top class
hotels with modern facilities.
Speaking on the final stage of
e.g. Recreational, conference,
award, she submitted that
telecom, etc,
“Before signing any award,
Regional/National institutions
the arbitral tribunal shall
and professional groups with
submit it in draft form to the
primary focus to train,
Court. The Court may lay
disseminate information and
down modifications as to the
knowledge of arbitration law
form of the award and,
and practice, security/political
without affecting the arbitral
stability, Infrastructure, strong
tribunal's liberty of decision,
and supportive judiciary and
may also draw its attention to
high ethical standards of
points of substance. No award
conduct of all participants,
shall be rendered by the
arbitrators, counsel, parties/
arbitral tribunal until it has
respect for the process.”
been approved by the Court as
He pointed out that the forum
to its form.”
of choice in the Middle East is
Sami Houerbi, from Tunisia
Dubai due to easy
and Director, Eastern
connectivity, being a leading
Mediterranean, Middle-East
aviation hub with ease of visa
and Africa, international
procurement, while Singapore
Court of Arbitration asked
is forum of choice in Asia.
Africa and Asia to make their
The conference was not all
continents attractive as
favoured places of arbitration, about law and arbitration as

participants were treated to a
night of buffet, wine, cultural
dances and goodwill speeches,
while a visit was also made to
ICAMA headquarters at the
Education Tax Fund (ETF)
building, with all the
participants acknowledging
the centre as a world-class in
all requirement and obviously
primed to take arbitration to
the next level in Africa.

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