Rozhodčí soud České republiky
prezentuje
arbitrážní konference arabské arbitrážní asociace
prezentuje
arbitrážní konference arabské arbitrážní asociace
Praha, 02.05.2008 (ibra)
The Arab Association for International Arbitration (the "AAIA"), after reviewing the "working program" of the conference organized by ICCA which is to be held in Dublin on 9-10 June 2008, notices with that there are almost no speakers in the conference originating from the Arab world. The Committee organizing the conference has not even consulted or discussed with one single Arab Arbitration Association or Centre or any law faculty or university in any Arab country. To the contrary, all topics appear to be totally focused on "International Arbitration" as solely understood and driven by practitioners from Western countries, their self-centered culture and unwillingness to accept other legal references..
The AAIA invites all practitioners, lawyers, law professors and jurists from Arab countries to simply boycott a conference that purportedly claims itself to be "international" whereas it only reflects an introverted Western world. It also mirrors a narrow, prejudiced and ethnocentric way of thinking, meant to marginalize other cultures and civilizations. This is not International Arbitration at all. Arbitration is a sensitive way of dispute settlement built on mutual understanding, and is not about civilizations being arrogant with others. This policy is not in consistent with the past of ICCA which has always been an open place gathering all approaches to arbitration around the world. This legacy from the creators of ICCA and its spirit, namely Jean Robert, Peter Sanders and Giorgio Bernini, is simply being torn apart.
The Arab Association believes the conference that is to be held in Dublin is the worst event that could happen to improve the understanding and interaction, already in a bad shape, between countries, systems and peoples from different backgrounds and mentalities.
It is also in sharp contrast with :
1- The sudden and significant interest European and American institutions have recently showed vis-a-vis this part of the world, through the opening of new centers, the organization of international conferences and the setting up of sophisticated training sessions and other phenomenon that can only be praised and supported by the AAIA.
2- The lightning of the western civilization, especially through the ideals of freedom and human rights, which teaches equality and respect towards those with diverging opinions, should certainly not shade specifications of other cultures and civilizations around the world but on the opposite grant them the place that they rightly deserve..
3- The history of those who have always been leading the European arbitration community towards acceptance, tolerance and dialogue, especially some members of the ICCA Programme Committee, among whom the AAIA would quote the distinguished Prof. Gabrielle Kaufmann-Kohler and Mr. Jan Paulsson who have always demonstrated openness to other legal cultures and civilizations around the world. Wasn't Jan Paulsson granted the Bahraini citizenship because of his knowledge of the Arabic legal culture ? How can this spirit of dialogue and interest to other cultures, be it the Arab one or another, have been superseded by this Western-self-centered logic embodied by the incomprehensive Program of the forthcoming ICCA conference ?
Nationalities are of course not at stake in this debate and the same criticism would easily come from other regions of the world, like Asia (it is telling to note that the far-east countries are also barely represented). What is at stake is the future of arbitration and its ability to accept that, like the rule of law itself, it is not unique, self-centered and uniform but rather a process where diverging opinions should and must be heard so that, eventually, justice is made and felt as such. Unfortunately, this conference has little to do with fairness.
The Arab Association for International Arbitration Paris – Cairo – Kuwait – Beirut
On 2/5/2008