On 29th of July, Georgian Arbitration Centre together with BGI Legal organized the public lecture of one of the distinguished American lawyers and scholars of international law, Prof. George A. Bermann.
The event was hosted by the University of Georgia.
Prof. Bermann spoke about the crucial question of how the arbitral tribunals should determine recurring and important procedural and quasi-procedural issues on which there is silence in the parties’ agreement, the lex arbitri and the procedural rules chosen by the parties.
The “twilight issues” as called by Prof. Bermann, include res judicata, anti-suit injunctions, non-arbiter ability, corruption, statute of limitations, privilege, application of the mandatory law of a jurisdiction other than the one the parties selected, use of tribunal secretaries, waiver of the right to arbitrate, sanctioning of counsel, costs and even interest.
During the lecture, Prof. Bermann examined the twilight issues and depending on the issue, provided the recommendations and suggestions how and where was the best place for the arbitral tribunals to look for the answers.
Finally, Prof. Bermann discussed the concept of an international standard and its sources.
The lecture was followed by the Q&A session.