Catholic University of the Sacred Heart – Milan in cooperation with CAM presents the webinar "Regulating Arbitral Jurisdiction: A Global Law Perspective".
Main Speaker
Faidon Varesis, Researcher at the University of Cambridge
Discussants
Stefano Azzali, Secretary General of the Milan Chamber of Arbitration
Pietro Franzina, Professor of Private International Law and Law of International Arbitration at the Catholic University of the Sacred Heart – Milan
Attendance is free but is limited to 250 attendees. No registration is required.
Follow this Microsoft Teams link to access the webinar.
For information: [email protected]
Regulation of arbitral jurisdiction is not only an area of immense practical importance; it is also an area where fundamental issues arise concerning the nature of arbitration as a dispute resolution method and its relationship with litigation.
The presentation builds on the PhD thesis of Faidon Varesis, and aims to provide an account of these issues utilising theories and tools of private international law.
The analysis focuses primarily on the theoretical model proposed in the thesis, informed by the triangle of: (a) the particular characteristics of international commercial disputes in a globalised economy; (b) the role of party autonomy as a shifting paradigm of jurisdiction in cross-border disputes; and (c) the resulting relationship between arbitration and litigation as dispute resolution methods in the global commercial arena.
The thesis proposes a model based on a horizontal relationship of equality between court litigation and arbitration in cases involving an arbitration agreement, albeit a disputed one.
This model depicts the relationship of the two dispute resolution methods as two streams. Parties in international commercial transactions – and resulting disputes – can choose in which stream their dispute will enter.
These streams are parallel and equal streams, not exclusive, allowing, therefore, for movement between them, creating jurisdictional intersections in all phases of a dispute.
Faidon Varesis is an international arbitration practitioner and researcher at the University of Cambridge where he recently completed his PhD on international commercial arbitration and private international law. He is currently acting as a teaching associate at the University of Athens.