Anchoring Arbitration: Rethinking the Role of the Seat

Presentation

In the elegant meeting rooms of Paris—a city synonymous with international arbitration—practitioners routinely invoke "the seat" without questioning its conceptual foundations anymore. Yet beneath this seemingly settled notion lies a legal construct that continues to challenge both seasoned and emerging practitioners alike.

The discussion aims to provide a theoretical refresher of the notion and purpose of the arbitral seat, followed by a more practical overview of the main considerations when selecting a seat based on panelists’ practical experience.

Unlike typical jurisdictional comparisons, this session takes a step back to question fundamental assumptions. Through candid exchanges and practical insights, our panelists will reveal how misunderstandings about the seat can impact case outcomes and client interests.

Join the Young Romanian Arbitration Practitioners (YRAP) in a dialogue led by select specialists sharing perspectives from multiple jurisdictions—from classic arbitration hubs to emerging seats— that aims to strip away conventional wisdom to examine the true purpose and evolving nature of the arbitral seat. Our distinguished panel will navigate the tension between the theoretical underpinnings and pragmatic realities that define modern arbitration practice.

What you'll discover:

- The historical evolution of the seat concept and its architects
- Competing theoretical frameworks: from autonomous arbitral orders to state-centered approaches
- Comparative insights from practitioners qualified in multiple jurisdictions, including the UK, Switzerland and France
- Perspective on emerging seats such as Romania and their growing importance in the international arbitration landscape

Whether advising clients on arbitration clauses, selecting arbitrators, or challenging awards, this discussion will equip you with fresh perspectives on a concept we as practitioners often take for granted.