Is arbitration only as good as the arbitrator? Having the potential to deter many users from opting for arbitration, the frequently used maxim will be the focus of deliberations at the annual meeting of the ICC Institute of World Business Law in December.
Taking place at the Maison des Arts et Métiers in Paris on Monday 6 December 2010, the thought-provoking conference will examine the status, role and powers of the arbitrator and delve into the relationship between them and the quality of results. Examining both the award and the arbitral process itself discussions will consider whether parties can detach at least part of “their” arbitration from the arbitrator and what the benefits of such an approach are, if any.
Unlike court judgments, arbitral awards are not subject to ordinary judicial remedies. Thus, a disastrous award may well remain disastrous for a party with no remedy available to right any wrong. While parties are free to choose their arbitration tribunal, and commence proceeding with a certain trust, the meeting will consider what methods are available if an arbitrator’s qualities do not meet expectations once an arbitration has commenced.
“Selecting the arbitrator is one of the most difficult and most essential decisions made in any arbitration. How should one assess a given arbitrator?” said Laurent Levy, Partner at the Geneva-based law firm Levy Kauffman-Kohler. “The aim of this conference is to determine what parties, counsel, institutions and co-arbitrators always wanted to know about arbitrators, and to provide an opportunity to ask even those questions no one ever dares to ask.”
The conference will be the 30th annual meeting of the Institute of World Business Law, which draws together the finest minds in the legal profession to offer unrivalled training in international business law and arbitration. The December gathering will mark the conclusion of Serge Lazareff’s 15 year run as Chairman of the Institute. Well-known for his provocative views – particularly on the issue of arbitrator trust – Mr Lazareff will co-chair the conference with his successor Yves Derains, Founding Partner, Derains and Gharavi, and current Vice-Chairman of the ICC Institute of World Business Law.
Mr Derains said: “There is no good arbitration without good arbitrators. But with incompetent counsel, a good arbitrator will rarely be able to perform miracles: a good arbitration is the result of cooperation between counsel and arbitrators with a view to finding out the most efficient ways and means of resolving a dispute by an enforceable arbitral award.”
Presenting different views on the arbitrator's role, the conference will be of interest to lawyers, arbitrators, magistrates, academics and corporate counsel.
In collaboration with ICC Publications, the resulting doctrine from the meeting will be published in the annual Institute publication, Dossiers of the Institute.
For more information on the conference, please click here
Please note that the early-bird special rate expires on 6 October 2010.
For further information, please contact:
Katharine Bernet
ICC Events
Tel: +33 (0)1 49 53 28 91
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