And, of course, one cannot forget about the state’s second most populous city – San Diego – where its close vicinity to Mexico and the greater-Latin American region makes it a pivotal location for trade and culture moving across borders. In all, California’s economy is the fifth largest in the world – larger than the United Kingdom, India and France – with an effective GDP in 2017 of $2.747 trillionĪll has not been rosy on the Western Frontier when it comes to international arbitration but, like many great Hollywood scripts, the tale of California’s place in international arbitration has a bright start, a dramatic climax, only to be followed by a happy ending. Decades ago, when California enacted an international arbitration law based on the UNCITRAL Model Law, Andre Brunel noted in the Texas International Law Journal that “California hope to become the forum of choice by creating a favorable arbitral setting … to send a clear message that this country (or this state) is hospitable to arbitration.” San Francisco, alone, has seven billion-dollar mega projects planned over the next twenty years. Hundreds of billions of dollars are being poured into California for mega infrastructure and construction projects, such as the high speed rail system connecting Los Angeles and San Francisco. Not only that – the amount of international trade coming in and out of Los Angeles is staggering and both Los Angeles and Long Beach are ranked one and two, respectively, as the largest U.S. While there has been negative press lately regarding data privacy and the moral questions underpinning the same, cafés across the Bay Area are buzzing with new ideas – at a pace that I have not seen anywhere else in the world. Having grown-up in the San Francisco Bay Area, I am only amazed by Silicon Valley’s collective ambition to shape humanity’s future endeavors. So why should international arbitration not now mosey on out West? Putting aside the idyllic sandy, golden beaches, the western sunsets drawn down over the Pacific, Karl the Fog blanketing over the rolling hills of San Francisco, and the heaven-like Napa Valley wine region, California also boasts economically powerful metropolises and is the United States’ backbone for international business throughout the Pacific Rim, if not the world. As reported on 9 July 2018 in the Global Arbitration Review, “n a move aimed at overhauling California’s reputation as an arbitral hub, the lower house of the state legislature has passed a bill expressly permitting out-of-state and foreign lawyers to appear in international arbitrations seated there.” GAR then reported on 19 July 2018 that California’s Governor Jerry Brown signed the bill into law. Knowing this, most often international arbitration agreements are drafted with a seat other than California. Why don’t you go there?”įor many years, the answer for international arbitration practitioners had been simple: California law precluded foreign attorneys from participating in international arbitrations seated in California. Why, there’s always some kind of crop to work in. Why, you can reach out anywhere and pick an orange. “Why don’t you go on west to California? There’s work there, and it never gets cold.
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