Lawyer Monthly - June 2023

the applicable rules and achieving procedural fairness. Enforcing arbitral awards across multiple jurisdictions can be challenging. As mentioned above, the New York Convention provides a framework for the recognition and enforcement of arbitral awards, but domestic laws and judicial practices in different jurisdictions can still create obstacles. Parties must carefully consider the enforceability of the award in the relevant jurisdictions and take necessary steps to maximise its effectiveness. Multi-jurisdictional arbitrations often involve complex party structures, including multinational corporations, joint ventures, or consortiums. Managing the interests, roles and obligations of these parties can be intricate, especially when they have differing objectives, cultures, corporate structures and legal obligations in various jurisdictions. 4. An experienced arbitrator will employ several strategies to plan effectively for and overcome the complexities and challenges associated with multijurisdictional arbitrations. Prior to the arbitration, an experienced arbitrator will thoroughly research and understand the laws, regulations and procedural rules applicable to the dispute in each relevant jurisdiction. This includes reviewing the governing law, arbitration laws, and any relevant international conventions or treaties. An experienced arbitrator will then adopt proactive case management techniques, such as setting clear timelines, managing document production, and conducting efficient hearings. Regular communication with the parties and their legal representatives can help address issues promptly and ensure smooth progress of the proceedings. Organising pre-hearing conferences with the parties and especially with clients in a timely manner and reasonably in advance can help clarify procedural matters, discuss potential challenges, and establish a roadmap for the arbitration process. These conferences provide an opportunity to address jurisdictional issues, choice of law, THOUGHT LEADER 69 Image Credit: WikiCommons. The London Court of International Arbitration. Author: Mar9254 | (CC BY-SA 4.0) https://creativecommons.org/licenses/by-sa/4.0/deed.en

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