On 24 February 2024, the DIS together with BeckAkademie Seminare/Publisher C.H.BECK oHG organised the 20th Petersberg Arbitration Days, this year on the important and highly topical subject of "Arbitration in times of war and crisis".
The past has shown that while arbitration cannot prevent armed conflicts and international disputes, it can contribute to peaceful solutions. Christian J. Tams presented the famous "Alabama Claims" proceedings as an example of this. International courts, such as the ICJ, could provide a platform for transparency and the mobilisation of the public. In this way, courts could achieve something that other forums could not offer.
Henriette Sigmund spoke about the Iran-United States Claims Tribunal. It shows that international arbitration is an instrument that states can rely on in times of crisis. The arbitration community could prepare the ground for the settlement of future conflicts through further transparency and contributions to the development of the law.
Finally, Judith Knieper addressed the background and successes of UNCITRAL. For UNCITRAL to be successful, it is crucial to find consensus within a diverse group. This requires an inclusive approach and a protected platform for different perspectives.
The role of sanctions in arbitration proceedings was analysed from different perspectives. Eric Decker presented the existing sanctions regimes and their mechanisms of action. Although sanctions are not directly directed against arbitration proceedings, they can make it significantly more difficult to conduct arbitration proceedings.
Vladimir Khvalei discussed the usual arguments put forward in international arbitration proceedings with regard to sanctions. He gave examples of how sanctions can have a negative impact on a party's ability to participate in arbitration proceedings. These circumstances could lead to the arbitration agreement no longer being enforceable.
To conclude this discussion, Susanna Hollweg-Stapenhorst explained the legal protection for and against sanctioned parties. Using a case study, she explained how German courts decide in recognition and enforceability proceedings and in cases of precautionary enforcement. It is certainly possible to conduct arbitration proceedings with sanctioned parties and enforce the arbitration award.
Reinmar Wolff, who chaired the programme, concluded by highlighting the challenges that arbitration has to face in times of war and crisis.
Allison Torline
A comprehensive report by Allison Torline on the 20th Petersberg Arbitration Days has been published on Wolters Kluwer Arbitration Blog, which we are pleased to recommend: Please read more here.
This year's dinner speech was given by Stephan Lamby, documentary filmmaker and author. The lecture is available here (in German).
Allison Torline