Mauritius: An African Seat for the 21st Century - MIAC 2012

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  • Location: Mauritius
  • Date: 11/12/2012 - 12/12/2012
  • Event Type: Conference
  • Language: English and French

The Mauritius International Conference (MIAC) 2012 will take place on 11-12 December 2012 under the auspices of the ICC International Court of Arbitration and other international arbitral institutions.

This conference marks the successful continuation of the dynamic project launched in 2010, by the Government of Mauritius, to create a new platform in the region for international commercial and investment arbitration. As part of the project, Mauritius:

  • adopted state-of-the art legislation based on the UNCITRAL Model Law, adapted to best serve the interests of international users (November 2008);
  • concluded a Host Country Agreement with the Permanent Court of Arbitration (PCA) at The Hague pursuant to which the PCA appointed to Mauritius its first overseas representative (April 2009);
  • hosted the inaugural Mauritius International Arbitration Conference in December 2010;
  • has cooperated with the LCIA to open a dedicated and state-of-the-art Centre for International Arbitration; and
  • successfully bid to host the 2016 Congress of the International Council for Commercial Arbitration (June 2012).
The conference will be opened by the Prime Minister of Mauritius. It will feature panels formed of international and regional leaders in the field, and will see Mauritius continue to establish itself as a centre of expertise and training in international arbitration for the African continent and beyond.

From the unique perspective offered by Mauritius as a natural gateway into Africa, panels under the chairmanship of the heads of the co-hosting institutions will consider current and emerging issues in international arbitration under the theme An African Seat for the 21st Century. Specifically, over two days:
  • Three panels on international commercial arbitration, chaired by the President of the ICC Court, the Director General of the LCIA and a senior member of the ICCA Council will engage in a critical examination of various aspects of the role of the courts: in giving effect to arbitration agreements; in supporting arbitral proceedings, and in the recognition and enforcement of awards. A speaker on each panel will provide an African perspective on each topic.
  • Three panels on investment arbitration, chaired by the Secretary of UNCITRAL, Secretary-General of ICSID, the Secretary-General of the Permanent Court of Arbitration, will aim to provide a fresh perspective on: arbitrator appointments and challenges, sovereign debt issues in investment treaty arbitration, and the management of regulatory risk.

Who Should Attend?

This conference is a key event for anyone interested in international arbitration in Africa and in the wider region, including:

  • commercial concerns with interests and investments in Africa, or with investment vehicles based in Mauritius;
  • corporate advisers and lawyers (including offshore management companies) looking to benefit from the new favourable dispute resolution mechanisms provided for Mauritian GBL companies under the new Mauritian International Arbitration Act;
  • counsel and arbitrators specialising in international commercial arbitration and investment arbitration.
  • The eminent panellists who are attending the conference, the subjects discussed, and the format in which they will be addressed will ensure that the conference is appealing and useful both for practitioners experienced in the field of international arbitration, and for those looking to obtain a solid first grounding in the field.

Pre-Conference Reception - Sunday 9 December 2012

18.00 - 20.00 - Welcome reception hosted by LCIA-MIAC, Intercontinental Hotel, Balaclava


Day 1 - Monday 10 December 2012

09.00 - 09.30 - Registration


09.30 - 09.35 - Welcome address

  • Salim Moollan, Chairman of the UNCITRAL Arbitration Working Group

09.35 - 09.55 - Opening address

  • Dr the Honourable Navinchandra Ramgoolam GCSK, FRCP, Prime Minister of Mauritius

09.55 - 10.15 - Keynote speech

  • Ms. Patricia O’Brien, The Legal Counsel of the United Nations, Under-Secretary General for Legal Affairs


10.15 - 10.30 - Coffee Break


PART I – INTERNATIONAL COMMERCIAL ARBITRATION – WHAT ROLE FOR THE COURTS?

10.30 - 11.45 - The Court’s Duty to Stay Court Proceedings in favour of Arbitration - A Practical Application

Moderator
  • Mr. John Beechey, President, International Court of Arbitration of the International Chamber of Commerce
Presentation of the Practical Problem
  • Mr. Matthew Gearing, Partner, Allen & Overy (Hong Kong)
Speakers
  • Mr. Patrick Matet, Conseiller à la Cour de cassation(Paris)
  • The Hon. Mr. Justice B.N. Srikrishna, former Judge of the Supreme Court of India
African perspectives
  • Mr Christopher Adebayo Ojo, former Attorney General and Minister of Justice of Nigeria
  • Jamsheed Peeroo, Barrister, Mauritius
11.45 - 12.15 - Q & A

12.15 - 13.45 - Lunch (Intercontinental Hotel)


13.45 - 15.00 - The Court’s Role in Supporting Arbitration During the Course of the Arbitral Proceedings (the “Juge d’Appui”) - A Practical Application

Moderator
  • Professor David A.R. Williams QC, Bankside Chambers, Auckland and Singapore, Essex Court Chambers, London, representing the President of the International Council for Commercial Arbitration
Presentation of the Practical Problem
  • Mr. Reza Mohtashami, Partner, Freshfields Bruckhaus Deringer (Dubai)
Speakers
  • Judge Judith Kaye, former Chief Judge of the State of New York
  • Lord Hoffmann, Arbitrator, Brick Court Chambers, London, former Lord of Appeal in Ordinary
African perspectives
  • Ms. Lise Bosman, Adjunct Professor in Commercial Arbitration at the University of Cape Town, Legal Counsel, Permanent Court of Arbitration, Executive Director, ICCA
  • Anne-Sophie Julienne, Barrister, Mauritius
15.00 - 15.30 - Q & A

15.30 - 15.45 - Coffee Break

15.45 - 17.00 - The Court’s Role in the Recognition and Enforcement of Awards - A Practical Application

Moderator
  • Mr Adrian Winstanley, Director General, London Court of International Arbitration

Presentation of the Practical Problem
  • Mr. Charles Nairac,Partner, White & Case LLP (Paris)
Speakers
  • Mr. Justice Quentin Loh, Supreme Court of Singapore
  • The Rt Hon. Lord Justice Aikens, Court of Appeal of England and Wales
African perspectives
  • Ms. Fatma Karume, Partner, Ishengoma Karume Masha & Magai (Dar es Salaam)
  • Mehdi Shakeel Manrakhan, Principal State Counsel, Office of the Director of Public Prosecutions, Mauritius
17.00 - 17.30 - Q & A

20.00 - Formal Dinner hosted by the Prime Minister of Mauritius, Swami Vivekananda International Convention Centre, Pailles

Day 2 - Tuesday 11 December 2012

PART II – INVESTMENT ARBITRATION – A CONFRONTATION OF RESEARCH AND PRACTICE

09.00 - 10.15 - Arbitrator Background, Appointments and Outcomes: Should we take Empirical Research Seriously?

Moderator

  • Mr. Dheerendra Kumar Dabee, Solicitor General, Attorney General’s Office, Mauritius

Report to the Conference

  • Dr. Michael Waibel, University Lecturer, University of Cambridge and Lauterpacht, Centre of International Law

Responses to the Report

  • Prof. Albert Jan van den Berg, Professor of Law, Erasmus University (Rotterdam), Hanotiau & van den Berg (Brussels)
  • Ms. Lucy Reed, Freshfields Bruckhaus Deringer (Hong Kong)

10.15 - 10.45 - Q & A


10.45 - 11.15 - Coffee Break

11.15 - 12.30 - Investment Arbitration: Dealing with the Sovereign Debt Crisis?

Moderator

  • Prof. Emmanuel Gaillard, University of Paris XII

Report to the Conference

  • Prof. Sophie Lemaire, Professor of Law, Université Paris-Dauphine

Responses to the Report

  • Dr. Devashish Krishan
  • V.V. Veeder QC, Arbitrator , 24 Lincoln’s Inn Fields(London)
12.30 - 13.00 - Q & A

13.00 - 14.30 - Lunch (Intercontinental Hotel)

14.30 - 16.00 - Sovereign Policy Flexibility for Social Protection: Managing Uncertainty Risks in International Investment Agreements

Moderator
  • H.E. Mr. Hugo Siblesz, Secretary-General, Permanent Court of Arbitration at The Hague
Report to the Conference
  • Dr. Diane Desierto, Assistant Professor, Peking University School of Transnational Law
Responses to the Report
  • Mr. Makhdoom Ali Khan, former Attorney-General of Paksitan
  • Dr. Yas Banifatemi, Partner, Shearman & Sterling LLP (Paris)
16.00 - 16.30 - Q & A

16.30 - 17.00 - Coffee Break

17.00 - 17.30 - Closing of the Conference
  • His Lordship, Yeung Kam John Yeung Sik Yuen, Chief Justice of Mauritius
  • Dr. the Honourable Navinchandra Ramgoolam, Prime Minister of Mauritius GCSK, FRCP
  • Mr. Salim Moollan, Chairman of the UNCITRAL Arbitration Working Group
  • Ms. Patricia O’Brien, Legal Counsel of the United Nations, Under-Secretary General for Legal Affairs
  • Mr. John Beechey, President, International Court of Arbitration of the International Chamber of Commerce
  • Mr. Matthew Gearing, Allen & Overy (Hong Kong)
  • Mr. Patrick Matet, Conseiller à la Cour de cassation(Paris)
  • Mr. Justice Srikrishna, former Judge of the Supreme Court of India
  • Mr. Christopher Adebayo Ojo, former Attorney-General and Minister of Justice of Nigeria
  • Prof. David A.R. Williams QC, Bankside Chambers, Auckland and Singapore, Essex Court Chambers, London
  • Mr. Reza Mohtashami,Partner, Freshfields Bruckhaus Deringer (Dubai)
  • Judge Judith Kaye, former Chief Judge of the State of New York
  • Lord Hoffmann, Arbitrator, Brick Court Chambers, London, former Lord of Appeal in Ordinary
  • Ms. Lise Bosman, Adjunct Professor in Commercial Arbitration at the University of Cape Town, Legal Counsel, Permanent Court of Arbitration, Executive Director, ICCA
  • Mr. Adrian Winstanley, Director General, London Court of International Arbitration
  • Mr. Charles Nairac, White & Case LLP (Paris)
  • Mr. Justice Quentin Loh, Supreme Court of Singapore
  • Lord Justice Aikens, Court of Appeal of England and Wales
  • Ms. Fatma Karume, Ishengoma Karume Masha & Magai (Dar es Salaam)
  • Mr. Dheerendra Kumar Dabee, Solicitor General, Attorney General’s Office, Mauritius
  • Dr. Michael Waibel, University Lecturer, University of Cambridge and Lauterpacht Centre for International Law
  • Prof. Albert Jan van den Berg, Professor of Law, Erasmus University (Rotterdam), Hanotiau & van den Berg (Brussels)
  • Ms. Lucy Reed, Freshfields Bruckhaus Deringer (Hong Kong)
  • Prof. Emmanuel Gaillard, University of Paris XII
  • Prof. Sophie Lemaire, Professor of Law, Université Paris-Dauphine
  • Dr. Devashish Krishan
  • V.V. Veeder,QC, Arbitrator, 24 Lincoln’s Inn Fields(London)
  • H.E. Mr. Hugo Siblesz, Secretary-General, Permanent Court of Arbitration at The Hague
  • Dr. Diane Desierto, Assistant Professor, Peking University School of Transnational Law
  • Mr. Makhdoom Ali Khan, former Attorney General of Paksitan
  • Dr. Yas Banifatemi, Partner, Shearman & Sterling LLP (Paris)
  • His Lordship, Yeung Kam John Yeung Sik Yuen, Chief Justice of Mauritius
  • Jamsheed Peeroo, Barrister, Mauritius
  • Anne-Sophie Julienne, Barrister, Mauritius
  • Mehdi Shakeel Manrakhan, Principal State Counsel, Office of the Director of Public Prosecutions, Mauritius

Venue

Intercontinental Hotel, Balaclava

Enquiries about hotel accommodation and reservations should be directed to: reservation@miac.mu

All other enquiries about the conference should be directed to: contact@miac.mu

Preferential rates have also been negotiated with the conference hotel and with the official carrier (Air Mauritius). These can be accessed on the Air Booking and Accommodation page of the website.

Download Document(s)

In order to register for the conference, delegates must fill in the online application form http://www.miac.mu

and transfer the participation fees to the designated bank account within 7 days of completing and submitting the form.

Registration and payment for the conference will close on 1st December 2012.

The conference is generously supported by the Government of Mauritius and registration fees have been capped at €300 per person.