HUCELL: Prof. Franco Ferrari (NYU), 3rd July 2024
During his HUCELL lecture on ‘National International Commercial Arbitration’, Professor Ferrari contended that there is no unitary concept of International Commercial Arbitration. He explained that arbitration, by its very nature, is intrinsically tied to diverse national legal systems. Each arbitration proceeding is essentially national, with its various facets regulated by specific national laws, including the law of the seat of arbitration.
Consequently, Professor Ferrari critiqued the notion of 'complete delocalization,' stressing that the idea of 'international arbitration entirely independent of national legal constraints' has never materialized. Even in cases of ostensibly a-national arbitration —such as the enforcement of awards that have been annulled— it is still national actors that maintain precedence over all other stakeholders.
Following the lecture there was an agreeing discussion.
The lecture was accompanied by a two day doctoral seminar in the Wengler library where Professor Ferrari engaged with the research by DynamInt Research Fellows and discussed the presented results. The first afternoon was devoted to Arbitration and Comparative Law and the second day dealt with Dispute Resolution and Private International Law.