GUIDANCE AND INSIGHTS
DELOS GUIDE TO ARBITRATION PLACES (GAP)
The GAP is designed to assist in-house counsel, corporate lawyers and arbitration practitioners with efficiently accessing key insights into a large range of jurisdictions, including for the purposes of negotiating the choice of arbitral seats and conducting arbitral proceedings in those jurisdictions.
Now in its second edition, the first edition was nominated for the 2019 Global Arbitration Review (GAR) Award for Innovation.
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Chairs: Professor Joongi Kim & Professor Maxi Scherer
General Editors: Thomas Granier & Hafez R Virjee
CONTENTS
Foreword, by Professors Joongi Kim & Maxi Scherer
About & Acknowledgements
About the Chairs, the Editors, the Reviewers and Acknowledgements
Overview & Methodology
Overview: A Study of Safe Seats, Methodology
GAP Traffic Lights for All Jurisdictions
Jurisdiction Analysis
|.A.| Algeria Angola Argentina Australia Austria |.B.| Bahrain Belgium Benin Brazil Bulgaria |.C.| Canada China (Mainland) Côte d'Ivoire Cyprus |.D.| Dominican Republic |.E.| Egypt England & Wales |.F.| Finland France |.G.| Gambia (The) Germany Greece Guinea |.H.| Hong Kong |.I.| India Indonesia Ireland Iran Iraq Italy | K | Kenya Korea |.L.| Lebanon Libya |.M.| Mexico Morocco |.N.| New Zealand Nigeria Norway- |.P.| Pakistan Philippines (The) Poland Portugal |.R.| Romania Russia Rwanda |.S.| Singapore Spain Sri Lanka Switzerland |.T.| Tanzania Taiwan Togo |.U.| United Arab Emirates (UAE) United Kingdom (UK): see England & Wales United States of America (USA): California, New York, Texas and Washington D.C.
Appendices
Delos Rules of Arbitration & Delos Model Clauses
OTHER & LEGAL NOTICE
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Complementing the GAP, various Reports and Reference Sheets have been put together that draw on the wealth of content and insights found in the above chapters.
© Delos Dispute Resolution 2024. For further information in this regard and/or for the legal notice of the GAP, please refer to the inside cover page of the full copy of the GAP (available above).
FOREWORD
It is a great pleasure to write the foreword to the DELOS second edition of the Guide to Arbitration Places (2nd GAP). The 2nd GAP builds upon the successful first edition (1st GAP) to provide a comprehensive, comparative study on arbitration places around the globe.
With the help of 59 law firms and 67 reviewers, the 2nd GAP adds eight new chapters and jurisdictions not previously covered in the 1st GAP, notably Angola, Australia, Côte d’Ivoire, Ethiopia, Korea, Libya, Morocco and Senegal. Eleven additional chapters are due to follow later this year, comprising both updates for jurisdictions previously featured in the 1st GAP and the coverage of new jurisdictions. The successful template generally remains the same with the following enhancements.
Each chapter contains four sections to familiarize different GAP users with the legal framework and the arbitration infrastructure of each jurisdiction. New questions on arbitration and blockchain, remote hearings and electronic and digital signatures have been added, underlining the growing importance of technology in daily practice. The summary table for in-house and corporate counsel now also includes the default time-limitation periods for civil actions, while the developments for arbitration practitioners consider, amongst other additions, the enforcement of awards against public bodies at the jurisdiction.
The 2nd GAP advances the innovative concept of a “DELOS safe seat” by refining the six criteria assessed with traffic lights by the participating law firms and the reviewers of each chapter and adding an indication of how these have evolved from the preceding year. Two new criteria have been included for information purposes to signal each jurisdiction’s tech-friendliness towards arbitration and its compatibility with the DELOS Rules of Arbitration.
The 2nd GAP was produced to further the overall objective of DELOS to create a more time and cost-effective international arbitration community and to provide arbitration practitioners, in-house counsel, and corporate lawyers with further insight into the practice of arbitration.
In seeing the 2nd GAP published, we would again like to express our deep gratitude to the late David D. Caron who helped shape the GAP in many important ways. We would also like to commend the leadership of Hafez Virjee and Thomas Granier and the essential cooperation of the entire DELOS network of participating law firms and reviewers.
Joongi Kim & Maxi Scherer
July 2021