Luther Dispute Resolution Lecture 2025

Arbitration in the Time of Crisis - Is it still delivering its promises?

One of the success factors of arbitration was that it provided a workable and reliable means of dispute resolution even at times of conflict. This in particular was valid during the East-West Conflict. The European Convention of 1961 owes its existence to the need to provide a framework for arbitration proceedings between parties from the former Eastern and Western Bloc. Similarly, the USA and the USSR in the 1970s agreed to settle trade disputes by arbitration at Stockholm Chamber of Commerce. Recent developments have adversely affected this predictable and reliable framework. The sanctions legislation of the European Union and the following countermeasures enacted in the Russian Federation and Belarussia have had a profound impact on conduct and aftermath of arbitral proceedings. Anti-suit and anti-arbitration injunctions and obstacles to enforcement of awards and decisions seem to have become the norm, rather than the exceptions. The underlying question is whether arbitration can still fulfill its promises as an efficient and effective means of resolving east-west disputes, and what needs to be done before the situation improves.

Prof. Vladimir Pavić will discuss these and other important questions in the 8^th Luther Dispute Resolution Lecture.