Part IV Special Topics in the Mediation of Commercial and Investment Disputes, 18 Codes of Conduct for Commercial and Investment Mediators: Striving for Consistency and a Common Global Approach
Joe Tirado, Elisa Vicente Maravall
Edited By: Catharine Titi, Katia Fach Gómez
- Arbitral rules — Arbitration
To celebrate the fiftieth anniversary of the New York Convention in 2008, many leading international arbitration practitioners and academics wrote a plethora of articles to extol its virtues and success. A few commentators, most notably Albert Jan van den Berg, questioned whether the time had come to modernize the New York Convention. With this in purpose in mind, van der Berg proposed and drafted a new Convention on the International Enforcement of Arbitration Agreements and Awards. While van der Berg’s draft received considerable attention and commentary, it did not gain favor internationally and it was not pursued or adopted. This chapter first revisits van den Berg’s original proposal and the reactions it received at the time. Second, it looks at some of the challenges that international arbitration has faced in the ten years following van der Berg’s controversial proposal. Finally, the chapter consider whether in view of these challenges it is now time to reconsider the adoption of a new New York Convention.