Journal of International Arbitration

Volume 27 (2010)

Volume 27 (2010) / Issue 5

Aníbal Sabater, 'When Arbitration Begins Without a Seat' (2010) 27 Journal of International Arbitration, Issue 5, pp. 443–472


A relatively unusual occurrence a few years ago, the commencement of arbitration proceedings without agreement on the seat has recently become a significant threat to the timely and expedient resolution of disputes. This is due in part to the proliferation of investment treaties that provide for non-International Centre for Settlement of Investment Disputes (ICSID) arbitration without setting out further procedural details. This article contains a detailed roadmap for arbitration participants faced with the need to determine how and where to establish the seat after the case has started.

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ISSN: 0255-8106
ID: JOIA2010026