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Paris: SCC speaks on reasoning in arbitration

On December 17, SCC Legal Counsel Anja Ipp were among the speakers at the 39th annual conference of the ICC Institute of World Business Law, which gathered more than a hundred international business practitioners, legal experts and academics in Paris to deliberate on the topic of Explaining why you lost: Reasoning in Arbitration.

In a dynamic panel discussion, Ms Ipp related the institutional perspective on arbitral reasoning together with Alexis Mourre (President, ICC International Court of Arbitration) and Prof. Maxi Scherer (WilmerHale). They discussed, among other topics, what level of reasoning institutions can expect and require from arbitrators, and how institutions can ensure that their users are satisfied with the reasoning in awards rendered. Further, the panelists considered whether the trend toward publication of awards contributes to high-quality reasoning, and whether institutions, having unlimited access to thousands of arbitral awards, should provide models or best practices to aid arbitrators in the writing process.

Other panels discussed, for example, what arbitration users want or need from an arbitration award, and whether differences in reasoning are influenced by the applicable legal system. Among the many prominent speakers were Yves Derains, Antonio Crivellaro and Georgios Petrochilos.

Ms Ipp’s article entitled “Show, Don’t Tell: Creative Writing for Arbitrators” will appear in Dossier XVIII of the ICC Institute series, to be published in early 2020.

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