International Arbitration: The Seat is King: THE ART OF AMICABILITY, #1

By Roland Amoussou-Guenou

The notion of "seat" or "Place" is one of the most disconcerting in the international arbitration system. It is usually confused with similar notions such as "Site", "City", "Venue", "Forum", "Home", "Territory" or "Jurisdiction". Legal professionals add to the complexity with Latin expressions referring to the same such as "Lex fori" (the law of the forum – the jurisdiction –the venue) or "Lex Loci" (the law of the place").

 

Beyond the nod to Thailand with the title "The Seat is King", this book is a tribute as well as a contribution to the knowledge and practice of international arbitration in the Kingdom of Thailand. Identifying the seat of arbitration, the home legal system is one of the most important features of an arbitration clause. It sets the framework for the law governing the arbitration procedure and more importantly, the process and rights relating to the enforcement of the arbitral award.

The battle around the world for having the best or safest arbitration seat is real.

What are the assets that a country can display to win such a beauty contest? Generally speaking, the seat of the arbitration matters because it allows the arbitrator to determine conflict of law rules, as well as assistance, support, or control of the state judges.

The "seat" or "place" of the arbitration has long been recognized as far more than a place where the main evidentiary hearing might be held.

 

In many arbitrations, procedural meetings are often held remotely or in places other than the seat when it is more convenient to the parties and the tribunal.

It is now widely accepted that the choice of seat has a range of potentially significant implications for supporting – or undermining – the effective and efficient conduct of the arbitration and the enforceability of the award.

 

The book will also cover futuristic perspectives such as the transformation of legal documents into visual art thanks the blockchain technology and especially by using NFTs.

I will discuss how an NFT can free an arbitration agreement, an arbitration process, an award, and its enforcement from the constraints of the Seat!

 

Going further the chapter on "Blockchain arbitration and the seat" will look at how blockchain technology can potentially resolve all problems related to the seat of arbitration, through a peer-to-peer dispute resolution mechanism. From the arbitration agreement to the award and its enforcement, smart contracts will help resolve every issue traditionally covered by the seat of arbitration. Potentially, the support judge will not be needed anymore and the new york convention of 1958 may be obsolete!

 

The book is an informative and entertaining journey to the seats of arbitration around the realms of the world and technology. 

• Language: English
• Publisher: ASIAFRICA CONSULTING (AACO) BOOKS
• Release date: Apr 10, 2023
• ISBN: 9798215328347

Roland Amoussou-Guenou

Dr. Roland Amoussou-Guenou is a French-Beninese, Partner at Vovan & Associes, Bangkok with more than 20 years of experience in Asia. He specializes in international law, ADR, OHADA, PDPA, digital economy law, digital assets regulation, PPPs, FIDIC standards of contract, etc.   Roland lectures at various Thai universities and works as a resource person for professional training programs around Asia. Dr. Amoussou served as an arbitrator for ICC. He is a member of the London Court on International Arbitrators (LCIA), on the panel of arbitrators of the Thai Arbitration Center (THAC), a member of the Arbitration Commission of ICC Thailand, a committee member of the Chartered Institute of Arbitrators (CiArb). He performed as President of arbitration tribunals. Roland won many awards for his contribution to education, culture, and ADR in Asia and Africa.   His book on “The Law And Practice of International Arbitration in Africa” is available on Amazon at: https://lnkd.in/eqPtmP-s

Book preview

Table of Contents

Also, by Dr. Roland Amoussou-Guenou

Preface

Sponsors, Endorsements and Partnerships

List of Illustrations Pictures, Certificates and Awards

In Brief

Why Does the Seat of Arbitration Matter?

The Z v A Case, A Remarkable Dispute About the Seat (Place) of Arbitration in   China: The Mainland, Hong Kong or Macau?

The Official Position of the Hong Kong International Arbitration Center (HKIAC)

Seat, Territoriality, and Authority

Definition of the Seat of Arbitration

Methodology for a Proper Legal Definition

Ten (10) Implications of the Seat of Arbitration

Various Definitions of the Seat (Place)

Historic Rules of the Seat: There Will Be No Alsatia Where the King's Writ Does Not Run

Law and Visual Art: Alsatia Nft’s and the Art of Law

The Seat of International Arbitration and the Economic Battle of Dominance

Regions

Cities

The Battle for Paris as Seat of Arbitration

The Emergence of Asian Seats of International Arbitration

Thailand: Safe Seat of International Arbitration and Looking Forward

Guide to Leading Arbitration Seats and Institutions

The London Principles of International Arbitration

The Origins of the London Principles

Methodology

The Launch of the London Principles

A Practical Tool for Evaluation of Arbitration Seats

The 10 Elements of the London Principles

Arbitration and the Art of Law: When Arbitration Intersects with NFTs

The Disruption Brought by New Technology

NFTs and Arbitration

Blockchain Arbitration and the Seat

From Online Dispute Resolution (ODR) to Blockchain Arbitration (BA)

What is Blockchain Arbitration?

Blockchain Defined

The Promises of Blockchain in Relation to Arbitration

Blockchain, Smart Contracts, and Trust

Blockchain Arbitration Agreement

Setting in Motion a Blockchain Arbitration and the Arbitral Award

The Way Forward for Blockchain Arbitration and the Seat

BIBLIOGRAPHY

ILLUSTRATIONS PICTURES AND CERTIFICATES

About the Author

International Arbitration: The Seat is King

THE ART OF AMICABILITY, Volume 1

Dr. Roland Amoussou

Published by ASIAFRICA CONSULTING (AACO) BOOKS, 2023.

DEDICATIONS & ACKNOWLEDGEMENTS

In honorem Regni Thailandiae – In homage to the Kingdom of Thailand

This book is dedicated to:

-  My family in Benin (West Africa) and their sacrifices to make my extraordinary journey from Africa to Asia possible

-  Everyone who supported my studies of international law and arbitration

-  Philippe Leboulanger (Paris)

-  Sophie Zysman (Paris / Tel Aviv)

-  The Late Professor Philippe Fouchard (Paris)

-  Those who inspired my pursuit of excellence

-  All peaceful conflict resolution practitioners, ADR experts, and scholars.

-  Frédéric Favre

-  Laxami Waraprasart

A special acknowledgment to:

-  ICC (Paris) for my internship at the ICC Court of International Arbitration while pursuing my Ph.D.

-  The Ministry of Foreign Affairs (France)

-  The International Development Law Organization (IDLO)

-  The Asian Institute of Technology (AIT)

-  Vovan and Associés Bangkok for their support and encouragement over many years as a partner, in Thailand

-  The AsiAfrica Foundation

-  My students and interns in Asia

A special gratitude for:

-  Kwabo Award of Excellence (Benin, 2017)

-  IRSD (Greenz Thinkers) awards received for bridging Asia and Africa through AsiAfrica Foundation and for my modest contribution to education and capacity-building, especially in international arbitration (India, 2019)

-  The Man of the Year, Asia-Pacific Award by African Pride (China, 2022)

While every precaution has been taken in the preparation of this book, the publisher assumes no responsibility for errors, omissions, or f or damages resulting from using the information contained herein.

INTERNATIONAL ARBITRATION: THE SEAT IS KING

First edition. April 10, 2023.

Copyright © 2023 Dr. Roland Amoussou.

Written by Dr. Roland Amoussou.

Also, by Dr. Roland Amoussou-Guenou

The Art of Amicability: Resolving Business and Construction Disputes by Creating Value (Coming Soon)

The Law and Practice of International Arbitration in Africa, Editions Universitaires Europeennes (EUE), 2002,

The OHADA arbitration reform and the Chinese investment in Africa: Challenges and Opportunities, University of Macau, 2008

Legal Aspects of e-procurement, United Nations, New YORK, 2004; ADBI Lecture Series, 2006

Harmonized Development of Legal and Regulatory System for E-commerce in Asia and the Pacific: Current challenges and Capacity Building Needs, UNESCAP Studies in Trade and Investment (54) United Nations, New York, 2004

L'OHADA et les perspectives de l'arbitrage en Afrique, Ed. Bruylant, Bruxelles, Vol1. 2000

The Evolution of Arbitration Legislation in Francophone Africa, Arbitration the Journal of the Chartered Institute of Arbitrators, Vol 64, N.1. February 1998

Liber Amicorum, Michel Gaudet, ICC Publishing 1998

International Fast Track Commercial Arbitration, Centre for International Legal Studies Austria, Martinus Nijhoff, 1995

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Learn more about Dr. Roland https://www.linkedin.com/in/roland-amoussou-5295907/

Visit the author’s page at https://books2read.com/ap/nBQDeK/Roland-Amoussou

Preface

The Kingdom of Thailand is deservedly one of the world's most popular tourist destinations and has had many international business law practitioners and members of the international arbitration community enjoy its charms, first-class facilities, and beautiful scenery

On the other hand, Thailand is probably one of the least likely places to come to mind when designing and negotiating arbitration clauses or otherwise contemplating arbitration.

Unfortunately, Thailand does not have a good reputation for arbitration, principally because of what is thought to be an antiquated legal