The European Convention on International Commercial Arbitration (1961) (European ICA) - World Arbitration Reporter (WAR) - 2nd Edition

Maria Beatrice Deli, is professor of International Law and International Organisations in the Faculty of Economics of the Università degli Studi del Molise and in the Faculty of Political Science of the LUISS Guido Carli in Rome. She is member of the department of international law, EU law and arbitration of Chiomenti Studio Legale in Rome and has represented clients in international arbitrations under institutional and ad-hoc arbitration rules and in international litigations. Maria Beatrice Deli graduated in Law and in Political Science from the Università degli Studi “Sapienza” of Rome, and specialized in International Law and Conflict of Laws in the Institut für ausländisches und internationales Privat- und Wirtschaftsrecht of Heidelberg, Germany and at the Institut Suisse de Droit Comparé of Lausanne, Switzerland.

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Originally from World Arbitration Reporter (WAR) - 2nd Edition

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I. INTRODUCTION

A. Purpose

The European Convention on International Commercial Arbitration was originally conceived as a multilateral convention to be applied in an East-West dimension, with the purpose of organising all steps of the arbitral procedure, but excluding recognition and enforcement. These aspects were in fact already covered by the 1958 New York Convention. In particular the Convention was aimed at emancipating international commercial arbitration not only from the influence of national regulations and legislations, but also from Eastern and/or Western European social and economic systems, creating an autonomous set of arbitration rules for the settlement of commercial disputes.

In part, it is stated that this convention should not only affect European trade, but that it is also aimed at removing difficulties that may “impede the organization and operation of commercial arbitration between parties of different European countries,” especially in reference to East-West countries. This trans-boundary attitude is also demonstrated by the fact that, in origin, the Convention was not applicable to trade relations among Benelux countries, nor among the COMECON countries. These economic groupings were applying their own regulations on the settlement of commercial disputes.

In addition, it is clear that the European Convention was also aimed at completing the regulation of arbitral proceedings, considering that the 1958 New York Convention was limited to the phase of recognition and enforcement of arbitral awards.

Table of Contents:

THE EUROPEAN CONVENTION ON INTERNATIONAL COMMERCIAL ARBITRATION (1961) (EUROPEAN ICA)) - TABLE OF CONTENTS from World Arbitration Reporter (WAR) - 2nd Edition

THE EUROPEAN CONVENTION ON INTERNATIONAL COMMERCIAL ARBITRATION (1961) (EUROPEAN ICA)

I. INTRODUCTION A. Purpose B. Historical Background C. Structure of the Treaty II. COMMENTARY A. Definitions B. Substantive Rights C. Settlement of Disputes III. APPENDIX A. Text of European ICA