Originally from Alternatives to the High Cost of Litigation

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Anyone seeking to understand 21st century arbitration law has to master the story of the most pathological case of the previous century: Société Européenne d’Etudes et d’Entreprises c/ République socialiste fédérale de Yougoslavie, usually known as SEEE v. Yugoslavia.

The case took more than 30 years to resolve and created many of the ghosts and ideas that dominate modern legislation and practice. It demonstrated the possibilities of detaching arbitrations from municipal laws while simultaneously showing exactly why such detachment could be a really bad idea.

It has stories to tell about how not to draft an arbitration clause, the use of diplomatic protection when resolving disputes, the review of awards on the merits, sovereign immunity and how the New York Convention really works.