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Working group

Procedural fairness in international commercial arbitration

An empirical study of Article V.1.B of The New York Convention

Add to calendar 2024-02-26 16:00 2024-02-26 17:30 Europe/Rome Procedural fairness in international commercial arbitration Sala degli Stemmi Villa Salviati - Castle YYYY-MM-DD


26 February 2024

16:00 - 17:30 CET


Sala degli Stemmi

Villa Salviati - Castle

Organised by

The Finance, Innovation and Regulation Working Group hosts a conversation with Ana Coimbra Trigo (PhD Candidate at NOVA School of Law, Lisbon).


The 1958 New York Convention on Recognition and Enforcement of Foreign Arbitral Awards has today 172 contracting States. It is globally deployed to foster the resolution of commercial disputes and the enforcement of arbitral awards. One of the few grounds provided in this convention that parties can mobilise to object to recognition and enforcement is lack of notice or the parties’ otherwise inability to present their case (Art. V.1.b).

This procedural fairness exception does not not determine what standards it entails, in strike comparison with other grounds where conflicts rules are provided. Scholars propose various interpretations, pointing to international standards, or the nationals laws of the place of enforcement or the seat. Due process requirements under these sources can differ tremendously. In addition, no in-depth and recent empirical analysis was found on how courts approach this provision.

The study to be presented aims to fill this gap. Employing empirical methods, it provides a realistic picture of the interpretation and application of Art. V(1)(b) in England and Wales, Singapore, Hong Kong, Switzerland, USA and Portugal. This comparative case law analysis results in accurate data on applied standards, this ground’s relationship with the public policy exception, the parties’ pleadings, among others. It further answers the question of whether there is applied uniformity regarding ground, and discusses its implications for international arbitration stakeholders.

About the speaker:

Ana Coimbra Trigo is a PhD candidate at NOVA School of Law, Lisbon. She was a Visiting Student at the EUI Law Department in 2022, as well as at Sciences Po, Columbia University (with a Fulbright Research Grant) and Hong Kong University. Previously, Ana completed her undergraduate studies in Law at the University of Coimbra and a Masters in European and International Law from the China-EU School of Law (CUPL), Beijing, conferred by the University of Hamburg. Ana has worked for over 7 years in Dispute Resolution with PLMJ Law Firm, focusing on civil and commercial disputes resolved through arbitration (counsel and tribunal assistant), and complex litigation. She is an ICFML/IMI Qualified mediator. Ana is also the deputy director of the Portuguese journal Revista Internacional de Arbitragem e Conciliação, member of the Diversity Commission of the Lisbon Commercial Arbitration Center, and coach for the Nova Vis Moot team.

Scientific Organiser(s):

Guillem Gabriel Pizarro (EUI)


Ana Coimbra Trigo (NOVA School of Law)

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