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Dispute
Resolution
Ireland has ratified and transposed into domestic law in the Arbitration
Acts of 1954, 1980 and the Arbitration (International Commercial
Act) 1988, the International Arbitration Conventions comprising
the Geneva Convention, the New York Convention and the Washington
Convention dealing with the enforcement and recognition of international
arbitral awards.
The
role of the Irish Courts is to facilitate and support the arbitration
and especially to enforce a foreign Arbitral Award. The Courts’
response to domestic arbitrations is distinctly different with much
greater possibilities for judicial intervention in the arbitration
process.
The
enactment of the Arbitration (International Commercial) Act, 1998
was promoted on the basis of Ireland being a very suitable place
for international arbitration especially in matters relating to
construction contracts and information technology disputes. Under
domestic Irish law, an arbitration clause will survive the repudiation
of a contract or its avoidance.
Whether
the proposed arbitration is domestic or international, the Irish
Courts have held themselves to be empowered to grant interim injunctive
relief (for example, removal of directors) pending determination
of a dispute by full arbitration.
Irish
lawyers have now considerable experience of ICC Arbitrations and
other international arbitrations. International arbitration is largely
more effective and free of judicial intervention than domestic arbitration
and as a result, Ireland has become a very attractive forum for
international arbitrations.
The
Irish Courts and legal system will provide very effective enforcement
of foreign Arbitral Awards in Ireland and it has been commented
that an international Arbitral Award will frequently be easier to
enforce than a domestic Judicial Decree.
For further information or general enquiries contact: -
Thomas Simpson
Email: tsimpson@kilroys.ie
or
Kevin O'Gara
E-mail: kogara@kilroys.ie
Telephone: +3531-439 5600
Fax: +3531-439 5601/439 5602
© Kilroys Solicitors 2002 - 2003
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