The European Convention on International Commercial Arbitration

The European Convention on International Commercial Arbitration provides a comprehensive overview of the provisions of the European Convention on International Commercial Arbitration (“ECICA” or the “Convention”) concluded on 21 April 1961, in Geneva and certain related topics of international commercial arbitration for a better understanding of the relevance of some of these provisions. Originally drafted during the Cold War era to facilitate trade between Western and Eastern European countries, the ECICA has come to the fore in recent years as commercial relationships proliferate between Western Europe and such resource-rich countries as Russia, Ukraine and Kazakhstan. This commentary is the first comprehensive overview in English of the Convention’s provisions, annexes, subsequent agreements and relevant case law and scholarship.

Following three introductory chapters—on subjective arbitrability, applicable law and ordre public in enforcement procedures—the book provides detailed commentary and analysis of each of the Convention’s articles in turn. Detailed answers will be found to such questions as the following:
- Which law is applicable to the substance of a dispute within the Convention’s scope of application?
- Can a defective arbitration clause be “saved” and, if so, how?
- In which circumstances can awards be enforced which have been set aside in the state of origin?
- In which circumstances may courts decide in a matter governed by an arbitration agreement?

In contrast to the other major international commercial arbitration body of rules—the New York Convention—the ECICA goes beyond enforcement and recognition of awards and codifies standards of conduct and procedure. These innovative provisions are discussed in depth.

Providing a practical and academic commentary to every article of the Convention, this book will also report on all the case law on the European Convention. Arbitration disputes are increasing across the vast geographical region in which the ECICA is applicable, and practitioners acting in such disputes will welcome this thorough commentary on the functionality, advantages and disadvantages of each of the Convention’s provisions. They will approach national courts and arbitral tribunals with full knowledge of the rules of procedure and benefit from analysis of court decisions. Global firms, particularly in the oil and gas industry, will also appreciate the book’s masterful explication of this powerful instrument in international commercial arbitration.