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					     ARBITRATION
         Domestic & International




 Professor John Barkai


  William S. Richardson School of Law
     University of Hawaii at Manoa
2515 Dole Street · Honolulu, Hawaii 96822
Phone (808) 956-6546 · Fax (808) 956-5569
       E-mail: barkai@hawaii.edu
                           CHINESE ARBITRATION
The great Chinese Emperor Kang-hsi (during the Manchu Dynasty) issued
the following decree, in response to complaints about his courts:

        "The Emperor, considering the immense population of the empire, the
        great division of territorial property and the notoriously litigious
        character of the Chinese, is of the opinion that lawsuits would tend to
        increase to a frightful extent if people were not afraid of the tribunals
        and if they felt confident of always finding in them ready and perfect
        justice. I desire, therefore, that those who have recourse to the courts
        should be treated without any pity and in such a manner that they
        shall be disgusted with the law and tremble to appear before a
        magistrate. In this manner ... the good citizens who may have
        difficulties among themselves will settle them like brothers by referring
        them to the arbitration of some old man."
                                      - National Geographic Magazine, June 1927


                              Arbitration Clause
                                     from
                           George Washington's Will
        "... that all disputes (if unhappily any should arise) shall be decided by
        three impartial and intelligent men, known for their probity and good
        understanding; - two to be chosen by the disputants - each having the
        choice of one - and the third by these two - which three men then
        chosen, shall unfettered by law, or legal constructions, declare their
        sense of the testator's intention; and such decision is, to all intents
        and purposes, to be as binding on the parties as if it had been given
        in the Supreme Court of the United States."




Professor John Barkai --- University of Hawaii Law School                  - Page 1 -
                                    MAJOR FEATURES
                                    OF ARBITRATION

Arbitration is a private, informal process by which all
parties agree, in writing, to submit their disputes to
one or more impartial persons authorized to resolve
the controversy by rendering a final and binding
award. It is used for a wide variety of disputes: from
commercial disagreements involving construction,
securities transactions, computers, or real estate (to
name just a few), to insurance claims and labor union
grievances.

The major features of arbitration are:

        1. A written agreement to resolve disputes by the
        use of impartial arbitration.

        2. Informal procedures.

        3. Impartial and knowledgeable neutrals to serve
        as arbitrators.

        4. Final and binding awards which are enforceable
        in a court.

From: American Arbitration Association: Drafting
Dispute Resolution Clauses

Professor John Barkai --- University of Hawaii Law School   -Page 1 -
             BINDING ARBITRATION
ADVANTAGES

* final and binding
* less formal than litigation
* less expensive than litigation
* faster than litigation
* hearing are private
* awards are confidential
* remedies are fixed by law
* parties select the neutral arbitrator

DISADVANTAGES

* final and binding
* less formal than litigation
* very limited appeal rights
* one party wins; one party loses
* unlikely to reach creative solutions

Professor John Barkai --- University of Hawaii Law School   -Page 2 -
          A GUIDE TO MEDIATION AND ARBITRATION
                  FOR BUSINESS PEOPLE
                              American Arbitration Association (1999)

INTRODUCTION

  In the normal course of day-to-day business affairs, disputes are often inevitable.
Parties might disagree as to their individual rights and obligations no matter how
carefully a contract is written. This can lead to delayed shipments, complaints about
the quality of merchandise, claims of nonperformance, and similar misunderstandings.
The resolution of such disputes, however, need not be costly and acrimonious.
Alternative means of dispute resolution can SAVE TIME AND MONEY, and can help to
put the dispute behind you while preserving valuable business relationships.

Mediation

  A meeting between disputants, their representatives and a mediator to discuss
settlement. The mediator's role is to help the disputants explore issues, needs and
settlement options. The mediator may offer suggestions and point out issues that the
disputants may have overlooked, but resolution of the dispute rests with the disputants
themselves. A mediation conference can be scheduled very quickly and requires a
relatively small amount of preparation time. The conference usually begins with a joint
discussion of the case, followed by the mediator working with the disputants both
together and separately, if appropriate, to resolve the case. Many cases are resolved
within a few hours. Perhaps most important, mediation works! Statistics show that 85%
of commercial matters and 95% of personal injury matters end in written settlement
agreements.

Arbitration

  Arbitration is referral of a dispute to one or more impartial persons for final and
binding determination. Private and confidential, it is designed for quick, practical, and
economical settlements. Parties can exercise additional control over the arbitration
process by adding specific provisions to their contracts' arbitration clauses or, when a
dispute arises, through the modification of certain of the arbitration rules to suit a
particular dispute. Stipulations may be made regarding confidentiality of proprietary
information used; evidence, locale, number of arbitrators; and issues subject to
arbitration, as examples. The parties may also provide for expedited arbitration
procedures, including the time limit for rendering an award, if they anticipate a need for
hearings to be scheduled on short notice.

THE ROSTER OF NEUTRALS


Professor John Barkai --- University of Hawaii Law School                           -Page 3 -
    To serve the community with mediators and arbitrators representing all fields of
specialization, the AAA maintains a national roster of approximately 20,000 trained
experts throughout the United States and the rest of the world. The AAA requires that
applicants have 8 to 10 years of experience in their fields of expertise prior to being
considered for the roster.
...
A GUIDE TO MEDIATION FOR BUSINESS PEOPLE

How Does Mediation Differ From Arbitration?

    Arbitration is less formal than litigation, and mediation is even less formal than
arbitration. Unlike an arbitrator, a mediator does not have the power to render a binding
decision. A mediator does not hold evidentiary hearings as would an arbitrator but
instead conducts informal joint and separate meetings with the parties to understand
the issues, facts, and positions of the parties. The separate meetings are known as
caucuses. In contrast, arbitrators hear testimony and receive evidence in a joint
hearing, on which they render a final and binding decision known as an award.
...
The Benefits of Mediation

  The benefits of successfully mediating a dispute to settlement vary, depending on the
needs and interests of the parties. The most common advantages are that:
  . parties are directly engaged in the negotiation of the settlement;
  . the mediator, as a neutral third party, can view the dispute objectively and can
assist the parties in exploring alternatives which they might not have considered on their
own;
  . as mediation can be scheduled at an early stage in the dispute, a settlement can be
reached much more quickly than in litigation;
  . parties generally save money through reduced legal costs and less staff time;
  . parties enhance the likelihood of continuing their business relationship;
  . creative solutions or accommodations to special needs of the parties can become a
part of the settlement.

Occurrence of Mediation

  Mediations can originate in different ways. First, mediation can occur when a dispute
initially arises and before a lawsuit is ever filed. Second, mediation can occur as an
adjunct procedure to pending litigation. That is, as soon as the parties file a lawsuit,
they can use mediation in an effort to resolve the dispute at the inception of litigation or
at any time thereafter but prior to a trial being held. Third, mediation can occur during
or immediately after a trial but before a decision is announced by a judge or jury.
Fourth, mediation can occur after a judgment has been rendered in litigation. There
might be a disagreement over the meaning or manner of carrying out a judgment, or
concern about the possibility of lengthy court appeals. The parties can seek the
assistance of a mediator to help them resolve these problems.

Professor John Barkai --- University of Hawaii Law School                            -Page 4 -
...
A GUIDE TO ARBITRATION FOR BUSINESS PEOPLE

STAGES OF AN ARBITRATION

I. The Agreement to Arbitrate

  The most important step in initiating arbitration is the agreement to arbitrate. This
agreement can be of one of two kinds: it can take the form of a future-dispute
arbitration clause in a contract or, where the parties did not provide in advance for
arbitration, it can take the form of a submission of an existing dispute to arbitration.

  The parties can provide for the arbitration of future disputes by inserting the following
clause into their contracts.

Standard Arbitration Clause

  Any controversy or claim arising out of or relating to this contract, or the breach
  thereof, shall be settled by arbitration administered by the American Arbitration
  Association under its Commercial Arbitration Rules, and judgment on the award
  rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

   Arbitration of existing disputes may be accomplished by the use of the following.

  We, the undersigned parties, hereby agree to submit to arbitration administered by
  the American Arbitration Association under its Commercial Arbitration Rules the
  following controversy: (cite briefly). We further agree that the above controversy be
  submitted to (one) (three) arbitrator(s). We further agree that we will faithfully
  observe this agreement and the rules, that we will abide by and perform any award
  rendered by the arbitrator(s), and that a judgment of the court having jurisdiction may
  be entered on the award.

    Regardless of how the agreement to arbitrate was reached, filing of a claim with the
AAA along with the appropriate filing fee, as provided in the schedule appearing on
page 26, and serving the defending party are all that is required to set the machinery for
arbitration into motion. Upon receiving the initiating papers together with the filing fee,
the AAA assigns the case to one of its staff members, whose official title is case
administrator or case manager and who, from that point onward, is at the disposal of
the parties, expediting administration and assisting both sides in all procedural matters
until the award is rendered. Pursuant to the rules, the parties and the AAA may use
facsimile transmission, telegrams, or other written forms of electronic communication to
give the notices required by the rules.
...
II. Selection of the Arbitrator
...

Professor John Barkai --- University of Hawaii Law School                            -Page 5 -
  Unless the parties have indicated another method, the AAA uses the following simple
and effective system for selecting the arbitrator.
  1. Immediately after the filing of the submission ... , the AAA sends each party a copy
of the same specially prepared list of proposed arbitrators to resolve the controversy...
  2. Parties are allowed fifteen (15) days to study the list, strike names to which they
object, and number the remaining names in the order of preference. ...
  3. When these lists are returned to the AAA, the case administrator/manager
compares indicated preferences and makes note of the mutual choices. Where parties
are unable to find a mutual choice on a list, the AAA has the power to make the
appointment without submitting additional lists, although additional lists may be
submitted at the request of both parties.
  4. If the parties cannot agree on an arbitrator, the AAA will make an administrative
appointment, but in no case will an arbitrator whose name was crossed out by either
party be appointed.

Panels with Party-Appointed Arbitrators

  Under some arbitration clauses in use, each party to a dispute appoints one
arbitrator ... and the two select a third arbitrator from the AAA's panels...

IV. Presentation of the Case

  Arbitration hearings are conducted somewhat like court trials, except that arbitrations
are less formal. Arbitrators are not required to follow strict rules of evidence. They
must hear all of the evidence material to an issue but they may determine for
themselves what is relevant. Arbitrators are therefore inclined to accept evidence that
might not be allowed by judges.

[The usual procedures are:]
    1. An opening statement that clearly but briefly describes the controversy and
indicates what is to be proved. Such a statement lays the groundwork and helps the
arbitrator understand the relevance of testimony to be presented.
   2. A discussion of the remedy sought. This is important because the arbitrator's
power is conferred by the agreement of the parties. Each party should try to show that
the relief that it requests is within the arbitrator's authority to grant.
   3. Introduction of witnesses in a systematic order to clarify the nature of the
controversy and to identify documents and exhibits. Cross examination of witnesses is
important, but each party should plan to establish its case by its own witnesses.
   4. A closing statement that should include a summary of the evidence and arguments
and a refutation of points made by the opposition.

  After both sides have had an equal opportunity to present all of their evidence, the
arbitrator declares the hearing closed. Under AAA rules, the arbitrator has thirty (30)
days from that time within which to render an award, unless the agreement provides
otherwise.

Professor John Barkai --- University of Hawaii Law School                          -Page 6 -
THE AWARD

   The award is the decision of the arbitrator on the matters submitted to him or her
under the arbitration agreement. If the arbitration panel consists of more than one
arbitrator, the majority decision, under AAA rules, is binding. The purpose of the award
is to dispose of the controversy finally and conclusively. It is made within the limits of
the arbitration agreement and it rules on each claim submitted. Arbitrators are not
required to write opinions explaining the reasons for their decisions. As a general rule,
AAA commercial awards consist of a brief direction to the parties on a single sheet of
paper. Written opinions can generate attacks on the award because they identify
targets for the losing party. ...

INTERNATIONAL CASES

   In order to best serve the parties in international arbitrations, the AAA devised the
Supplementary Procedures for International Commercial Arbitration, which may be
used in conjunction with various sets of arbitration rules. These procedures do not
supersede any provision in the applicable rules but merely codify various procedures
that are used in international arbitrations. Among the more interesting features are
provisions governing consecutive hearing days, language of the hearings, and opinions.
 The thrust of the procedures is to expedite international commercial arbitrations and to
keep them as economical as possible. In a case involving a panel of U.S. nonnationals,
for instance, the AAA attempts to appoint resident foreign nationals in order to minimize
travel expenses. Pursuant to the Commercial Arbitration Rules, a request for a foreign-
national arbitrator must be made by the time set for the appointment of the arbitrator as
agreed by the parties or set by the rules. In March 1991, the AAA also promulgated
International Arbitration Rules.

ADMINISTRATIVE FEES

  The AAA's administrative fees are based on the amount of the claim or counterclaim,
ranging from $500 on claims below $10,000 to a negotiated rate for claims in excess of
$5,000,000. In addition, there are service charges for hearings held and
postponements. The fees cover AAA administrative services; they do not cover
arbitrator compensation or expenses, if any, reporting services, or any postaward
charges incurred by the parties in enforcing the award.

   The following charges are based on filing and service fees. Arbitrator compensation,
if any, is not included in this schedule. Unless the parties agree otherwise, arbitrator
compensation and administrative fees are subject to allocation by the arbitrator in the
award.

Filing Fees


Professor John Barkai --- University of Hawaii Law School                           -Page 7 -
  A nonrefundable filing fee is payable in full by a filing party when a claim,
counterclaim or additional claim is filed, as provided below.


Amount of Claim                     Filing Fee

Up to $10,000 ......................... $500
Above $10,000 to $50,000 .............. $750
Above $50,000 to $100,000 ........... $1,250
Above $100,000 to $250,000 .......... $2,000
Above $250,000 to $500,000 .......... $3,500
Above $500,000 to $1,000,000 ........ $5,000
Above $1,000,000 to $5,000,000 ...... $7,000
Above $5,000,000 ................ Negotiated




Professor John Barkai --- University of Hawaii Law School                         -Page 8 -
                             FORMS OF ARBITRATION
                                            from
                THE ABCS OF ADR: A DISPUTE RESOLUTION GLOSSARY
                     13 Alternatives to High Cost Litigation 147 (1995)

  Arbitration. The most traditional form of private dispute resolution. It can be
"administered" (managed) by a variety of private organizations, or "non-administered" and
managed solely by the parties. It can be entered into by agreement at the time of the
dispute, or prescribed in pre-dispute clauses contained in the parties' underlying business
agreement. Arbitration can take any of the following forms:

  Binding Arbitration. A private adversarial process in which the disputing parties choose a
neutral person or a panel of three neutrals to hear their dispute and to render a final and
binding decision or award. The process is less formal than litigation; the parties can craft
their own procedures and determine if any formal rules of evidence will apply. Unless there
has been fraud or some other defect in the arbitration procedure, binding arbitration
awards typically are enforceable by courts and not subject to appellate review.

  Non-binding Arbitration. This process works the same way as binding arbitration except
that the neutral's decision is advisory only. The parties may agree in advance to use the
advisory decision as a tool in resolving their dispute through negotiation or other means.

  "Baseball" or "Final-Offer" Arbitration. In this process, used increasingly in commercial
disputes, each party submits a proposed monetary award to the arbitrator. At the
conclusion of the hearing, the arbitrator chooses one award without modification. This
approach imposes limits on the arbitrator's discretion and gives each party an incentive to
offer a reasonable proposal, in the hope that it will be accepted by the decision-maker. A
related variation, referred to as "night baseball" arbitration, requires the arbitrator to make a
decision without the benefit of the parties' proposals and then to make the award to the
party whose proposal is closest to that of the arbitrator.

  "Bounded" or "High-Low" Arbitration. The parties agree privately without informing the
arbitrator that the arbitrator's final award will be adjusted to a bounded range. Example: P
wants $200,000. D is willing to pay $70,000. Their high-low agreement would provide that if
the award is below $70,000, D will pay at least $70,000; if the award exceeds $200,000,
the payment will be reduced to $200,000. If the award is within the range, the parties are
bound by the figure in the award.

  Incentive Arbitration. In non-binding arbitration, the parties agree to a penalty if one of
them rejects the arbitrator's decision, resorts to litigation, and fails to improve his position
by some specified percentage or formula. Penalties may include payment of attorneys' fees
incurred in the litigation.


Professor John Barkai --- University of Hawaii Law School                                -Page 9 -
           SUGGESTED INTERNATIONAL ARBITRATION CLAUSES

CHINA

  CHINA INTERNATIONAL ECONOMIC AND TRADE ARBITRATION COMMISSION
  MODEL ARBITRATION CLAUSE - CIETAC

  Any dispute arising from or in connection with this contract shall be submitted to China
  International Economic and Trade Arbitration Commission for arbitration which shall be
  conducted in accordance with the Commission's arbitration rules in effect at the time for
  applying for arbitration. The arbitration award shall be final and binding upon both
  parties.


HONG KONG

  HONG KONG INTERNATIONAL ARBITRATION CENTRE MODEL ARBITRATION
  CLAUSE FOR INTERNATIONAL ARBITRATION

  Any dispute, controversy or claim arising out of or relating to this contract, or the breach
  termination or invalidity thereof, shall be settled by arbitration in accordance with the
  UNCITRAL Arbitration Rules as at present in force and as may be amended by the rest
  of this clause.

  The appointing authority shall be Hong Kong International Arbitration Centre.

  The place of arbitration shall be in Hong Kong at Hong Kong International Arbitration
  Centre (HKIAC).

  There shall be only one arbitrator.*

  Any such arbitration shall be administered by HKIAC in accordance with HKIAC
  Procedures for Arbitration in force at the date of this contract including such additions to
  the UNCITRAL Arbitration Rules as are therein contained.

  The language(s) to be used in the arbitral proceedings shall be......




Professor John Barkai --- University of Hawaii Law School                            -Page 10 -
JAPAN

  JAPAN COMMERCIAL ARBITRATION ASSOCIATION MODEL ARBITRATION
  CLAUSE

  All disputes, controversies or differences which may arise between the parties hereto, out
  of or in relation to or in connection with this Agreement shall be finally settled by
  arbitration in (name of city), Japan in accordance with the Commercial Arbitration Rules
  of The Japan Commercial Arbitration Association. The award rendered by the
  arbitrator(s) shall be final and binding upon the parties hereto.


KOREA

  KOREAN COMMERCIAL ARBITRATION BOARD MODEL ARBITRATION CLAUSE

  All disputes, controversies, or differences which may arise between the parties, out of or
  in relation to or in connection with this contract, or for the breach thereof, shall be finally
  settled by arbitration in Seoul, Korea, in accordance with the Commercial Arbitration
  Rules of the Korean Commercial Arbitration Board. The award rendered by the arbitrator
  shall be final and binding upon both parties concerned.


SINGAPORE

  SINGAPORE INTERNATIONAL ARBITRATION CENTRE MODEL ARBITRATION
  CLAUSE

  Any dispute arising out of or in connection with this contract, including any question
  regarding its existence, validity or termination, shall be referred to and finally resolved by
  arbitration with the Arbitration Rules of the Singapore International Arbitration Centre
  ("SIAC Rules") for the time being in force which rules are deemed to be incorporated by
  reference into this clause. The law of the arbitration shall be the International Arbitration
  Act 1994 (Cap 143A)".

     Parties may add :

  The tribunal shall consist of ___________ arbitrators(s) to be appointed by the Chairman
  of SIAC".

  The governing law of this contract shall be the substantive law of ___________ "

  The language of the arbitration shall be ___________."



Professor John Barkai --- University of Hawaii Law School                               -Page 11 -
UNITED STATES

  AMERICAN ARBITRATION ASSOCIATION INTERNATIONAL ARBITRATION CLAUSE

  Any controversy or claim arising out of or relating to this contract shall be determined
  by arbitration in accordance with the International Arbitration Rules of the Asia/Pacific
  Center.

  Any dispute, controversy, or claim arising out of or relating to this contract, or the
  breach, termination, or invalidity thereof, shall be settled by arbitration in accordance
  with the UNCITRAL Arbitration Rules in effect on the date of this contract. The
  appointing authority shall be the American Arbitration Association. The case shall be
  administered by the American Arbitration Association in accordance with its
  "Procedures for Cases Under the UNCITRAL Arbitration Rules.

  The arbitration proceedings shall be conducted in [city], [country].

  The language(s) of the arbitration shall be [specify].

  The arbitrator appointed to hear and decide disputes under this provision shall be a
  citizen of [country].




Professor John Barkai --- University of Hawaii Law School                            -Page 12 -
      VERY SIMPLE ARBITRATION
              CLAUSE

 All disputes arising out this
contract shall be submitted to
arbitration.




          VERY SIMPLE MEDIATION
                 CLAUSE

 All disputes arising out this
contract shall be submitted to
mediation.

Professor John Barkai --- University of Hawaii Law School   -Page 13 -
2 IMPORTANT CONCEPTS FOR
INTERNATIONAL ARBITRATION

                         Sovereignty
- supreme power

- freedom from external control

                         Jurisdiction
- the power, right, or authority to
interpret and apply the law.

- the authority of a sovereign
power to govern or legislate.

Professor John Barkai --- University of Hawaii Law School   -Page 14 -
                        Convention on the Recognition and Enforcement
                                  of Foreign Arbitral Awards

                                  The New York Convention of 1958

    When parties to a contract involving international trade include an arbitration clause in
their agreement, one of their major concerns is securing the enforcement of this provision as
well as the ensuing award in a foreign jurisdiction. The Convention on the Recognition and
Enforcement of Foreign Arbitral Awards is an international treaty specifically designed to
facilitate such enforcement among its member states.

   The Convention on the Recognition and Enforcement of Foreign Arbitral Awards (also
known as the New York Convention and the United Nations Convention was adopted by the
United Nations Conference on International Commercial Arbitration on June 10, 1958 and
came into force officially on June 7, 1959. On February 1, 1971, the United States ratified the
United Nations Convention, thus creating a mechanism whereby international arbitration
agreements and awards are specifically, speedily, and uniformly enforceable in federal
courts. Over the last 25 years, U.S. courts have consistently and vigorously supported the
Convention.

    Since its adoption in 1958, over 130 countries have become parties to the Convention,
through ratification, accession or succession.


The New York Convention of June 10, 1958 on the Recognition and Enforcement of Foreign
Arbitral Awards is the most important multilateral convention on international arbitration.

Basically, it requires courts of each contracting state:

- to recognize arbitration agreements in writing and to refuse to allow a dispute to be litigated
before them when it is subject to an arbitration agreement;
- to recognize and enforce foreign arbitral awards.

Before entering into an international arbitration agreement, a party is advised to check
whether the states of the other contracting party and, if appropriate, of the place of
arbitration, have ratified the New York Convention or have signed other multilateral or
bilateral treaties offering the same guarantees.

There are two reasons why a country might not apply the Convention to an international
arbitration award. (1) Some countries will only apply the Convention to arbitration awards
made in another country that has also signed the convention. (2) Some countries will only
apply the Convention to differences arising out of legal relationships which are considered as
"commercial" under the national law.




Professor John Barkai --- University of Hawaii Law School                               -Page 15 -
              VACATING INTERNATIONAL ARBITRATION AWARDS

  U.N. CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF
                 FOREIGN ARBITRAL AWARDS

                                    Article V
     1. Recognition and enforcement of the award may be refused, at the
request of the party against whom it is invoked, only if that party furnishes to
the competent authority where the recognition and enforcement is sought,
proof that:
     (a) The parties to the agreement referred to in article II were, under the
law applicable to them, under some incapacity, or the said agreement is not
valid under the law to which the parties have subjected it or, failing any
indication thereon, under the law of the country where the award was made;
 or
     (b) The party against whom the award is invoked was not given proper
notice of the appointment of the arbitrator or of the arbitration proceedings
or was otherwise unable to present his case; or
     (c) The award deals with a difference not contemplated by or not falling
within the terms of the submission to arbitration, or it contains decisions on
matters beyond the scope of the submission to arbitration, provided that, if
the decisions on matters submitted to arbitration can be separated from
those not so submitted, that part of the award which contain decisions on
matters submitted to arbitration may be recognized and enforced; or
     (d) The composition of the arbitral authority or the arbitral procedure
was not in accordance with the agreement of the parties, or, failing such
agreement, was not in accordance with the law of the country where the
arbitration took place; or
     (e) The award has not yet become binding on the parties, or has been
set aside or suspended by a competent authority of the country in which, or
under the law of which, that award was made.
     2. Recognition and enforcement of an arbitral award may also be
refused if the competent authority in the country where recognition and
enforcement is sought finds that:
     (a) The subject matter of the difference is not capable of settlement by
arbitration under the law of that county; or
     (b) The recognition or enforcement of the award would be contrary to
the public policy of that country.

Professor John Barkai --- University of Hawaii Law School                -Page 16 -
                                  United Nations Convention on the
                       Recognition and Enforcement of Foreign Arbitral Awards
                                      The New York Convention
                                134 Signatories as of December 2003
Albania                                  Georgia                            Nicaragua                          Uzbekistan
Algeria 1/ 2/                            Germany b/ 1/ 11/                  Niger                              Venezuela 1/ 2/
Antigua and Barbuda 1/ 2/                Ghana                              Nigeria 1/ 2/                      Vietnam 1/ 2/ 3/
Argentina 1/ 2/                          Greece 1/ 2/                       Norway 1/ 5/                       Yugoslavia
Armenia 1/ 2/                            Guatemala 1/ 2/                    Oman                               Zambia
Australia                                Guinea                             Pakistan                           Zimbabwe
Austria                                  Haiti                              Panama                             current as of (12/03)
Azerbaijan                               Holy See 1/ 2/                     Paraguay
Bahrain 1/ 2/                            Honduras                           Peru                               Footnotes:
Bangladesh                               Hungary 1/ 2/                      Philippines 1/ 2/                    1/ State will apply the Convention
Barbados 2/                              Iceland                            Poland 1/ 2/                       only to recognition and enforcement
Belarus 1/ 3/                            India 1/ 2/                        Portugal c/ 1/                     of awards made in the territory of
Belgium 1/                               Indonesia 1/ 2/                    Qatar                              another Contracting State.
Benin                                    Iran (Islamic Rep. of) 1/2/        Republic of Korea 1/ 2/              2/ State will apply the Convention
Bolivia                                  Ireland 1/                         Republic of Moldova 1/             only to differences arising out of legal
Bosnia and Herzegovina 1/ 2/             Israel                             Romania 1/ 2/ 3/                   relationships ... which are considered
Botswana 1/ 2/                           Italy                              Russian Federation d/ 1/ 3/        as commercial under the national law.
Brazil                                   Jamica 1/ 2/                       Saint Vincent and the Grenadines     3/ With regard to awards made in
Brunei Darussalam 1/                     Japan 1/                             1/ 2/                            the territory of non-contracting States,
Bulgaria 1/ 3/                           Jordan                             San Marino                         State will apply the Convention only to
Burkina Faso                             Kazakhstan                         Saudi Arabia                       the extent to which these States grant
Cambodia                                 Kenya 1/                           Senegal                            reciprocal treatment.
Cameroon                                 Kuwait 1/                          Singapore 1/
Canada                                   Kyrgyzstan                         Slovakia                           For Updates to this list see:
Central African Republic 1/ 2/           Lao People's Democratic Republic   Slovenia 1/ 2/                     www.uncitral.org/en-index.htm
Chile                                    Latvia                             South Africa
China 1/ 2/                              Lebanon 1/                         Spain
Colombia                                 Lesotho                            Sri Lanka
Costa Rica                               Lithuania 3/                       Sweden
Côte d' Ivoire                           Luxembourg 1/                      Switzerland
Croatia 1/ 2/                            Madagascar 1/ 2/                   Syrian Arab Republic
Cuba 1/ 2/ 3/                            Malaysia 1/ 2/                     Thailand
Cyprus 1/ 2/                             Mali                               The former Yugoslav Republic of
Czech Republic                           Malta 1/ 12/                         Macedonia 1/ 2/
Denmark 1/ 2/                            Mauritania                         Trinidad and Tobago 1/ 2/
Djibouti                                 Mauritius 1/                       Tunisia 1/ 2/
Dominica                                 Mexico                             Turkey 1/ 2/
Dominican Republic                       Monaco 1/ 2/                       Uganda 1/
Ecuador 1/ 2/                            Mongolia 1/ 2/                     Ukraine 1/ 3/
Egypt                                    Morocco 1/                         United Kingdom of Great Britain
El Salvador                              Mozambique 1/                        and Northern Ireland 1/
Estonia                                  Nepal 1/ 2/                        United Republic of Tanzania 1/
Finland                                  Netherlands 1/                     United States of America 1/ 2/
France 1/                                New Zealand 1/                     Uruguay


Professor John Barkai --- University of Hawaii Law School                                         -Page 17 -
Professor John Barkai --- University of Hawaii Law School   -Page 18 -
             INTERNATIONAL ARBITRATION CENTERS
                                                            Compilied by John Barkai, Dec. 2002

International Centre for Settlement of Investment Disputes
     1818 H Street, N.W.
     Washington, D.C. 20433                                http://www.worldbank.org/icsid

International Chamber of Commerce (ICC)
     38, Cours Albert 1er
     75008 Paris                                                          http://www.iccwbo.org

London Court of International Arbitration
    The International Dispute Resolution Centre,
    8 Breams Buildings,
    Chancery Lane,
    London EC4A 1HP

World Intellectual Property Organization (WIPO)
    34, chemin des Colombettes
    1211 Geneva 20                                                    http://www.arbiter.wipo.int

Australia
     Australian Commercial Disputes Centre
     Level 4 50 Park Street Sydney NSW 2000

      The Institute of Arbitrators and Mediators Australia
      Level 1, 450 Little Bourke Street,
      Melbourne, Victoria, 3000

      Australian Centre for International Commercial Arbitration
      ACN 006 404 664
      Level 1, 22 William Street,
      Melbourne, Victoria 3000, Australia.                                http://www.acica.com

Bangladesh
    Bangladesh National Office of the ICC
    Dhaka Chamber Building (Ground floor)
    65-66, Motijheel Commercial Area
    GPO Box 858 - Dhaka 1000


Bahrain
    Bahrain Chamber of Commerce and Industry

Professor John Barkai --- University of Hawaii Law School                               -Page 18 -
        P.O. Box 248
        Manama, State of Bahrain
        E-mail: bahcci@batelco.com.bh
        GCC Commercial Arbitration Centre
        P.O. Box 2338, Manama, Bahrain

Cambodia
   Cambodia Centre for Conflict Resolution (CCCR)
   c/o Cambodia Development Resource Institute
   P.O. Box 622
   Phnom Penh
   Cambodia

Canada

British Columbia International Commercial Arbitration Centre
      P.O. Box 27, Suite 1140
      1090 West Georgia Street
      Vancouver, BC, Canada V6E 3V7                             http://www.bcicac.com

China International Economic and Trade Arbitration Commission (CIETAC)
    6/F, Golden Land Building
    32 Liang Ma Qino Rd.
    Chaoyung District
    Beijing 100016, P.R. China                           http://www.arbitration.org.cn


Germany
    German Institution of Arbitration
    Schedestraße 13, 53113 Bonn

        Germany National Office of the ICC
        Deutsche Gruppe der Internationalen Handelskammer,
        Mittelstrasse 12-14, D - 506 72 Köln,
        Postfach 10 08 26, D - 50448 Köln

Hong Kong
    Hong Kong International Arbitration Centre
    38th Floor Two Exchange Square
    8 Connaught Place
    Hong Kong, China
    E-mail: adr@hkiac.org                                         http://www.hkiac.org

India
        Indian Council of Arbitration

Professor John Barkai --- University of Hawaii Law School                    -Page 19 -
      Federation House
      Tansen Marg
      New Delhi 110001                                      http://www.ficci.com/icanet

Indonesia
     Indonesian Alternative Dispute Resolution Centre
     Jalan Sisingamangaraja No 33-35, Kebayoran Baru, Jakarta 12120

      Indonesian National Arbitration Board
      Indonesian Chamber of Commerce,
      c/o Kadin Indonesia-Gedung Chandra Lt5 Jalan M.H.,
      Thamrin No.20, Jakarta 10350

      Indonesia National Office of the ICC
      c/o P.T. Prima Comexindo
      BRI II Building, 24th Floor
      JL. Jend. Sudirman 44-46 - Jakarta 10210

Japan
    Japan Commercial Arbitration Association
    Taishoseimei Hibiya Bldg.
    9 1, Yurakucho 1 chome
    Chiyoda ku, Tokyo 100 0006                                      http://www.jcaa.or

      Japan Shipping Exchange Inc.
      Tokyo Maritime Arbitration Commission,
      Wajun Building 3F, Koishikawa 2-22-2, Bukyo-ku,
      Tokyo 112-0002

Korea
    Korean Commercial Arbitration Board
    World Trade Center, 43rd Floor
    159 Samsung-Dong
    Kangnam-Ku
    Seoul 135-729                                                 http://www.kcab.org

Malaysia
    Regional Centre for Arbitration Kuala Lumpur
    12, Jalan Conlay,
    50450 Kuala Lumpur                                            http://www.klrca.org

Nepal
    Nepal Council of Arbitration
    Ramshah Path, Kathmandu
    G.P.O. Box 4865

Professor John Barkai --- University of Hawaii Law School                     -Page 20 -
New Zealand
    Arbitrators' and Mediators' Institute of New Zealand Inc.
    PO Box 1477, Wellington 6015

Philippines
      Philippine Dispute Center Inc. of the Philippine Chamber of Commerce and
Industry
      G/F, East Wing Secretariat Building
      Philippine International Convention Center (PICC)
      CCP Complex
      Roxas Blvd., Pasay City

Russia

      St. Petersburg International Commercial Arbitration Court
      Admiralteiski pr. 12, St. Petersburg 190000

      International Commercial Arbitration Court
        at the Chamber of Commerce and Industry of the Russian Federation
      6 Ilynka Street, Moscow 103012

Singapore
    Singapore International Arbitration Centre
    1 Coleman Street #05-08
    The Adelphi
    Singapore 179803                                              http://www.siac.org.sg

Sweden
    Arbitration Institute of the Stockholm Chamber of Commerce
    P.O. Box 160 50
    S-103 21 Stockholm                                         http://www.chamber.se

Taiwan
    Commercial Arbitration Association of the Republic of China
    Suite 803, 8th Floor, Lotus Building
    136, Jen-ai Rd., Sec. 3
    Taipei, Taiwan, R.O.C.

Thailand
     Thai Arbitration Institute Ministry of Justice
     Arbitration Office, Ministry of Justice
     Criminal Court Building, 5th Fl.
     Ratchadaphisake Rd.
     Bangkok 10900

Professor John Barkai --- University of Hawaii Law School                        -Page 21 -
United Kingdom
     London Court of International Arbitration (LCIA)
     Hulton House, 6th Floor
     161-166 Fleet Street
     London EC4A 2DY                                        http://www.lcia-arbitration.com

United States
     American Arbitration Association (AAA)
     40 West 51st Street
     New York, NY 10020-1203                                            http://www.adr.org

Vietnam
     Vietnam International Arbitration Centre
     33 Ba Trieu Street
     Ha Noi

To find the www sites for these centers, go to http://www.internationaladr.org




Professor John Barkai --- University of Hawaii Law School                         -Page 22 -

				
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