8th Harvard International Arbitration Conference | Panel III

Panel 3: Taking of evidence in international arbitration – mix of traditions
Panelists: James Hosking (Chaffetz Lindsey) Patricia Saiz (ESADE Law School)
Moderator: Ari MacKinnon (Cleary Gottlieb Steen & Hamilton)
Keynote Speech - Co-Chair
Mohamed Shelbaya (GBS Disputes)

Dear Harvard International Arbitration Conference participants:
Our world is presently in flux. It has always been, but in recent times, there has been a notable acceleration. It is undisputable that globalization has shaped an increasingly interconnected world, while, at same time, provoking new cultural tensions and increasing the number of international disputes. Recent events in Eastern Europe have reminded us of the fragility of the rule of law and of international institutions.
However, we refuse to think about the interactions between cultures in terms of pure confrontation. The title of this year’s conference, “Clash of Cultures? Civil & Common law traditions in international arbitration”, is an invitation to analyze the constructive ways in which legal cultures interrelate through the lens of international arbitration. If there is one takeaway that we would love everyone to have from this conference, it is that international arbitration – with all its defects and glitches – stands to maintain that even the most complex disputes can be settled peacefully.
Paradoxically, the power of international arbitration resides in its simplicity and flexibility. International arbitration is nothing else than a common language between different cultures. In these complex times, instead of propelling a rhetoric of a “clash of cultures”, we should advocate for cosmopolitanism: the simple and powerful idea that we all are citizens of the world. When disputes arise – either involving States, corporations, or foreign investors – the language of arbitration and of the rule of law should be the only available dialect.
It suffices to say that with 21 speakers of over 16 different nationalities, the 8th Harvard International Arbitration Conference is emblematic of this spirit. We are extremely grateful for the participation and support of our co-chairs, speakers, sponsors, and institutional supporters. A special thanks also goes to Harvard Law School and all the members of the Executive Board of HIALSA.
We hope that each of you will find this conference worthwhile and thought-provoking. Kind Regards,


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