1. www.icdr.org | 1 BECOMING A “PREFERRED” SEAT OF ARBITRATION: CRITERIA AND EXAMPLES Mark Appel 27 September 2013 ABA 5 th Annual Moscow Dispute Resolution Conference

2. www.icdr.org | 2 The ICDR Experience No institutional preference for particular cities or states Strong institutional policy in favor of building local capacity through education, training and partnership Number of seats (2012): 25 Historically preferred places of arbitration

3. www.icdr.org | 3 Key Considerations for Parties Judiciary – international reputation and perception Independent, impartial, competent, predictable Does not favor domestic parties and/or interfere in arbitrations Track record of respecting NY Convention and other international standards/treaties Speed of courts in deciding cases (months or years?) Supportive statutory framework Mirroring international expectations of process Establishing public policy support for arbitration Creating clear and limited role for judiciary Creating effective enforcement regime

4. www.icdr.org | 4 Key Considerations for Parties Easily accessible Visas not required for hearing attendance or can be obtained quickly and inexpensively Regular intercontinental flights Modern hotel and hearing facilities Freedom of advocate choice Parties not obligated to obtain domestic counsel

5. www.icdr.org | 5 Thank You Mark Appel Senior Vice President Europe, Middle East, Africa International Centre for Dispute Resolution T: +356 99 54 77 99 E: AppelM@adr.org