Arbitrating in Dublin offers a familiar legal framework in the form of the UNCITRAL Model Law (2006 version) on International Commercial Arbitration, a pool of experienced arbitrators and lawyers, top-class facilities, and all the conveniences one would expect of a modern, cosmopolitan city.
The UK’s decision to leave the EU, and the single market, will cause some parties to international contracts to consider a different choice of law and/or submission to jurisdiction clause. Ireland is the only member of the European Union that operates a court system that is both English speaking and based on the common law. There is considerable uncertainty as to whether the judgments of English Courts will be easily enforceable in the EU.
Dublin is easily accessible from Europe and North America, with numerous direct daily flights with short flying times (London one hour, Paris 80 minutes, New York six hours). The city offers excellent hearing facilities, supported by highly developed telecommunications, broadband and audiovisual services, all available at competitive rates. Necessary support services are also available, such as experienced legal stenographers and simultaneous translation.
Those who choose Dublin as the venue for their arbitration can rely upon the familiar applicable law, the UNCITRAL Model Law, and the requisite court facilitation of arbitration which the Model Law requires. Parties, their advisers and their arbitrators therefore have the assurance and security of the highest standard recognisable in arbitration law. Ireland is also a New York Convention signatory, and parties can be assured that international arbitral awards are therefore directly enforceable and awards rendered in Dublin have reciprocal recognition and enforcement in other states.
The Irish courts are experienced and efficient in taking measures supportive of arbitration in Ireland. These measures include: (i) mandatory stays on court proceedings where an arbitration clause is not null and void, inoperative and incapable of being performed; and, (ii) limited grounds for setting aside or refusing to enforce an award.
Dublin also offers expertise and facilities for parties who wish to avail of mediation and other forms of alternative dispute resolution (ADR), as part of or separate to their arbitration.
Ireland is an open economy and offers a stable, profitable, English-speaking base to serve the European market and beyond. It is a world leader in a number of areas of economic performance, with exports accounting for a level of national output unique within Europe.
Ireland is home to many American, Asian and European companies, over 1,200 of which serve the global market from their bases here. In Ireland, they find a favourable tax environment, competitive operating costs and a highly skilled, educated, productive and flexible workforce.
Major European centres are within two hours’ flying time of Dublin. Completion of new road and sea routes is bringing Europe within easy access, and competitive air travel now links Irish business with the world. Trading with Ireland is now more cost efficient and easier than it has ever been. Ireland is also well prepared for the e-commerce age through the liberalisation of its communications services market, investment in broadband infrastructure and the most e-commerce-friendly regulatory environment in Europe.
In Ireland there is a pool of highly skilled and experienced lawyers who are available to act in international arbitrations. Many esteemed Irish arbitrators are members of the legal, engineering and architectural professions. Further information on these professions can be found below:
As a neutral country, Ireland is particularly suited to international arbitration. Many international arbitrations involve disputes between parties from the developing world, states or state bodies, and multinational corporations. Accordingly, where preference for a neutral country as the seat of the arbitration is important, Ireland is an ideal choice of venue.