The School of Law at Royal Holloway, University of London and the School of Law at Middlesex University invite you to the Access to Justice and Arbitration conference, hosted at Royal Holloway in June 2019

The aim of this conference is to initiate a focused debate about access to justice in arbitration that would enable a larger public discussion about the specific role of access to justice in arbitration.

When Mauro Cappelletti and Bryant Garth published their survey of different methods to promote access to justice (Access to Justice. A World Survey (Giuffre Sijthoff 1978)), they designed three waves of access to justice, the third of which, called ‘The Access to Justice Approach’, stated that arbitration would play a significant role in fomenting access to justice. The idea was that people would seek alternatives to the regular court system. Arbitration has grown exponentially since the publication of Cappelletti and Garth’s work, reaching disputes that were traditionally only decided by courts. As arbitration progresses and policies to facilitate dispute resolution are implemented, the impact of access to justice in arbitration is fundamental to examine the effect of law in society. So far, research about access to justice in arbitration has been done in isolation, resulting in limited findings due to a restrictive analysis of the topic. 

For more information please visit the Eventbrite page or contact Dr Leonardo V P de Oliveira or Dr Sara Hourani (s.hourani@mdx.ac.uk).

Access to Justice and Arbitration

Windsor Building Room 002-003

Royal Holloway, University of London, Egham Hill, Egham, Surrey TW20 0EX

07 June 2019

9:30 – Registration

10:00 Procedural guarantees to access to justice in arbitration – Chair: Jill Marshall

• How should we approach access to justice in arbitration? – Leonardo V P de Oliveira
• Consent to arbitrate – Clotilde Fortier
• Is arbitrability of disputes securing access to justice in arbitration? – Innhwa Kwon
• The independence and impartiality of arbitrators as a precondition for access to justice – João Ilhão Moreira

• Interplay between courts and tribunals assures access to justice? – Ramona Cirlig

11:10 Break

11:30 – Access to justice in practice – common disputes – Chair: Sara Hourani

• Access to Justice through Investment Arbitration in cases of Refusal of Enforcement of Commercial Arbitration Awards – Berk Demirkol
• Access to Justice in Investment Arbitration and Non-Disputing Parties – Crina Baltag
• ICSID and access to justice – Duarte Henriques
• Impact of Cultural Aspect on Maritime Arbitration: Law in Practice and the Experience of Chinese Parties – Lijun Zhao

12:30 Lunch

14:00 – Access to justice in practice – new disputes – Chair: Paul Kinninmont

• Private Enforcement of Competition Law through Arbitration: Is it an effective instrument to have access to justice? – Aysem Diker Vanberg and Johana Hoekstra
• Access to justice in sports arbitration –Ian Blackshaw
• Family Law and arbitration: A felicitous marriage? – Robert Jago
• Access to justice in business and human rights arbitration – Youseph Farrah
• Advance on Costs at the SIAC – Christine Sim
• QICCA and access to justice – Minas Khatchadourian

15:20 Break

15:40 - Access to justice, arbitration and the digital era – Chair: Lughaidh Kerin

• Access to justice through Online Dispute Resolution is no longer Science Fiction: the good, the bad and the future – Mirèze Philippe

• Online Dispute Resolution - Current Practical Issues – Rosa Taban
• The Resolution of B2B Disputes in Blockchain-Based Arbitration: A Solution for Improving the Parties’ Right of Access to Justice in the Digital Age? – Sara Hourani
• AI Arbitration – Hendrik Puschmann

16:40 Close