American perceptions of London as a situs for international commercial arbitration

Autor: Reid L. Feldman, John F. Crawford
Rok vydání: 1986
Předmět:
Zdroj: Arbitration International. 2:232-239
ISSN: 1875-8398
0957-0411
DOI: 10.1093/arbitration/2.3.232
Popis: london is among the locations most often suggested as the situs for international commercial arbitrations. London has long been an important, even preeminent, centre for international arbitrations in speciality areas such as maritime matters, insurance, and commodities. In recent years it has been a less popular choice for general international commercial arbitrations, although its image was improved considerably by the 1979 reform of English arbitration law and the creation in 1981 of The London International Arbitration Trust Ltd.1 This paper describes current perceptions of American attorneys with respect to London as a situs for such general international commercial arbitrations. The views expressed herein as based on personal experience and observation as well as some informal soundings; they are not based on any scientific survey. It bears noting that American perceptions of London on this point do not seem to be based on much practical experience, since after inquiry we have only been able to identify a relative handful of post-1979 general international commercial arbitrations in London in which American attorneys acted either as arbitrators or as counsel. The current state of English law and practice in respect of international arbitration is treated in numerous articles and books, and is therefore not described comprehensively in this paper.2 Some of these sources do not cover a few recent developments, which are described briefly herein. The question of choosing the situs for an arbitration normally arises either when drafting or negotiating a contractual arbitration clause, or after a dispute has arisen. When American parties are faced with this question, they normally consult their American attorneys, so the perceptions of American attorneys described herein could influence the frequency of the selection of London. The question of choice of situs can also be posed when an institution such as the International Chamber of …
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