The Arbitral Seat: Important Features and the Relevance of Law - ARIA - Vol. 23, No. 3-4, 2012
Loukas Mistelis, LLB, MLE, Dr iuris, Attorney (Greece) and Barrister (England and Wales), Clive M. Schmitthoff Professor of Transnational Commercial Law and Arbitration and the Director of the School of International Arbitration, Centre for Commercial Law Studies, Queen Mary University of London.
Originally from American Review of International Arbitration - ARIA
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Hans Smit was a towering figure, both literally and intellectually, in
international law and arbitration and was one of the most memorable academics at
Columbia Law School, serving the school for well more than 50 years. Amongst
his major achievements I am tempted to highlight that he has been a pioneer in so
many respects in spotting where the law was developing and identifying major
areas of research focus. He was, inter alia, the founder and the Director of the
Project on International Procedure (1960-1968); Project on European Legal
Institutions (1965-1977); Parker School of Foreign and Comparative Law (1980-
1998); Center for International Arbitration and Litigation Law (1997-2005); and
Center for East European Law (1998-2005). I came to know him better when he
was passing the baton in the marathon relay race, known amongst friends as the
“WAR.”1
In all his work Hans Smit was fully aware of conflict of laws issues and the
role of comparative law; he also helped immensely in promoting arbitration in the
United States and making New York a hub for the study, practice and research in
international arbitration. Indeed, the U.S. was enriched shortly before and after
World War II with the influx of well educated, sophisticated jurists with a solid
grounding in civil law and significant thirst and enthusiasm for common law.2
Some of them contributed to the establishment of international arbitration in the
United States. 3 And most certainly, Hans Smit belongs to these cosmopolitan and
internationally well versed jurists who have not only educated generations but also
formulated and shaped various areas of the law, including international arbitration.
It is hence paramount to provide some thoughts on arbitration law and the
arbitral seat and also to attempt a preliminary assessment as to why New York