Chapter 19 - The Venue Of The Proceedings - International Arbitration Law And Practice, Third Edition
Mauro Rubino-Sammartano is a Partner at LawFed-BRSA. Mr. Rubino-Sammartano is currently the President of the European Court of Arbitration and of the Mediation Centre of Europe, the Mediterranean and Middle East. He is also an associate member, as Italian advocate of Littleton Chambers in London. Mr. Rubino-Sammartano has acted and regularly acts as chairman, party-appointed, sole arbitrator and counsel in a large number of arbitral proceedings. His practice is largely based on international and national litigation and arbitration in the field of contracts, construction law, mergers and acquisitions, sales of goods, joint ventures and interlocutory injunctions.
Originally from International Arbitration Law and Practice, Third Edition
19.1. Notion of the Venue
Whether the arbitral venue or “seat” is a physical or a legal notion is a question that has been debated.
In Préfabrication1 the Paris Court of Appeal held that “the seat of arbitration is a purely legal notion …”
Born seems to share this view when he stresses that a large part of the proceedings may take place outside of the seat, which would considerably reduce the relevance of territoriality.
The venue of the arbitration proceedings is the designated place where the proceedings must take place, except for those parts of the proceedings that the parties decide may take place elsewhere.
In Cecchi2 the Court of Appeal, Milan, held that the choice of a venue may concern only the city and not a particular address.
In Singer Company it was held that3
“the choice of the place of arbitration [by the parties in the case] was … merely accidental in so far as they had not expressed any intention in regard to it and the choice was made by the ICC Court for reasons totally unconnected with either party to the contract.”
CHAPTER 19: THE VENUE OF THE PROCEEDINGS
19.1 Notion of Venue
Criteria to Select It
19.2 Criteria for the Choice of the Venue
19.3 Delegation by the Parties of the Choice of the Venue
19.4 Effects of the Choice of the Venue
19.5 Lack of Choice of Venue and Lack of Designation of Authority
19.6 Holding Part of the Proceedings Elsewhere
19.7 Effects of Non-Compliance with the Venue
19.8 The Venue and Forum on Conveniens
Change of Venue
19.9 Change of Venue