The UNCITRAL Model Law after Twenty-Five Years: Global Perspectives on International Commercial Arbitration - Chapter 14 - An International Arbitrator’s Perspective on Future Reform
L. Yves Fortier, CC, OQ, QC is recognized as one of the top Arbitrators in the world. After many years as a senior Partner and Chairman of Ogilvy Renault (now Norton Rose Canada), he is now a sole practitioner with offices in Montréal, Toronto, and London. He has served as Chairman or party-appointed Arbitrator on more than one hundred arbitral tribunals, either ad hoc or constituted by different arbitral institutions. He is a former President of the London Court of International Arbitration (LCIA). In 2012, he was appointed by the World Bank as Chairman of its Sanctions Board. From July 1988 until January 1992, Mr. Fortier took leave from his law practice to take up an appointment as Canada’s Ambassador and Permanent Representative to the United Nations in New York.
Stéphanie Bachand is an Associate in international arbitration and dispute resolution at Norton Rose Canada LLP in Montreal. Her practice focuses on international commercial and investment arbitration, commercial litigation, and regulatory compliance. She has acted as administrative secretary and counsel in institutional and ad hoc arbitrations involving joint ventures, trade secrets, licensing, information technology, foreign investment, and construction disputes. She has also pleaded before judicial tribunals in Quebec in a range of civil, commercial and environmental law disputes. She regularly advises clients on substantive and procedural issues in connection with trial preparation and settlement negotiations. Ms. Bachand is an active member of various non-profit organizations, including Lawyers without Borders Canada, for whom she acted as legal advisor in a pro bono mission in Guatemala in relation to human rights litigation. She also serves on the boards of directors of the Mile End Legal Clinic and La Société Mer et Monde. Prior to joining Norton Rose, Ms. Bachand clerked with judges of the Inter-American Court of Human Rights in Costa Rica. She also worked as a consultant to the North American Commission for Environmental Cooperation. Ms. Bachand holds a B.C.L. / LL.B. from McGill University and a B.Sc. in International Studies from the Université de Montréal. She has been a member of the Quebec Bar since 2010.
A great line-up of prominent and influential members of the international commercial arbitration community has been assembled for this conference, which celebrates the twenty-fifth anniversary of the United Nations Commission on International Trade Law (UNCITRAL) Model Law on International Commercial Arbitration (Model Law). 1 Most guests have discussed and reflected on what has been achieved during the past twenty-five years, addressing recurring issues in the implementation of the Model Law and the ongoing process of harmonization.
It is now time to consider the road ahead. We shall do so by sharing some thoughts on future reforms from the perspective of an international arbitrator—a “view from the bench,” so to speak. There is no doubt that the Model Law and the 2006 amendments have proven to be successful in developing the law of international commercial arbitration. However, important issues remain unresolved and are worth considering in order to foster greater uniformity, certainty, and predictability for users of theinternational arbitration system. In this paper, we briefly address the following issues: (i) arbitrators’ conduct; (ii) arbitrability; (iii) confidentiality; (iv) grounds for setting aside awards; (v) judicial review of decisions on jurisdiction; and (vi) interim measures.
PART VI: LOOKING AHEAD AT THE NEXT TWENTY-FIVE YEARS
An International Arbitrator's Perspective on Future Reform
L. Yves Fortier and Stéphanie Bachand