After a hectic day, wrapping up Central Asia Dispute Resolution Association (CADRA's) first session at 11:15 PM Hong Kong Time felt like a lot.
But honestly? Hearing Gary Born, King & Spalding, one of the most influential scholars and practitioners in international arbitration, and Kristina Bittner made every minute of these 2.5 hours worth it.
Some highlights that stuck with me:
UNCITRAL: The United Nations Commission on International Trade Law Model Law (adopted in 110+ jurisdictions) provides the procedural framework for conducting arbitrations. Importantly, Born distinguished between the law of the seat (which governs the arbitration procedure) and the law governing the contract (which determines substantive rights)-these are separate and not necessarily the same.
The New York Convention is the crown jewel of arbitration, with 172 countries enforcing awards globally. Fun fact: it almost didn't cover arbitration agreements! The Dutch proposed Article 2 at the last minute and forgot to change the title. Article 2 requires Courts to refer parties to arbitration, while Article 5 sets only seven narrow grounds to resist enforcement.
Born also distinguished between the law of the seat (procedure) and the law governing the contract (substantive rights); they're separate and not always the same. His advice on arbitration clauses? KISS—Keep It Simple, Stupid. A model clause with institution, seat, and language is all you need.
The International Bar Association, Rules on Taking of Evidence are used in more than half of all significant international commercial arbitrations, providing a framework for witness statements, cross-examination, and document disclosure. The IBA Guidelines on Conflicts of Interest feature a traffic-light system (Green, Orange, Red) to guide arbitrator disclosure.
Institutional arbitration rules (ICC, LCIA, SIAC, etc.) are like "graffiti on a wall" until parties incorporate them into their arbitration agreement; then they become binding contractual obligations. The key advantage? Institutions can step in to appoint arbitrators when parties can't agree, something national Courts aren't well-equipped to handle in cross-border disputes.
Public policy is "an unruly horse"-courts define it on a case-by-case basis, looking at what's fundamental to the legal system. But in practice, national Courts have been restrained in using it to deny enforcement, recognising that international arbitration deserves a uniform, predictable framework.
Huge thanks to the Central Asia Dispute Resolution Association for this marathon set from 10 to 29 August (International Arbitration Summer School 2026).
#InternationalArbitration #CADRA #GaryBorn #Arbitration #CentralAsia #NewYorkConvention #DisputeResolution #LegalEducation #ADR #hkiac