28 JUNE 2013
8:30 - 9am - Welcome coffee & Registration
9:00 - 9:15am - Welcome address
José Ricardo Feris, Co-Chair, ICC YAF Global Coordinating Committee; Deputy Secretary General, ICC International Court of Arbitration, Paris
Stephanie Goubelle, Events Manager, ICC YAF, ICC International Court of Arbitration, Paris
Hannah Tümpel, Co-Chair, ICC YAF Global Coordinating Committee; Manager, ICC International Centre for ADR
9:15 - 10:15am - Opening Keynote Address: Fostering Legitimacy in International Arbitration
Salim Moollan, Essex Court Chambers, London; Chairman, United Nations Commission on International Trade Law (UNCITRAL) Arbitration Working Group; Vice-President, ICC International Court of Arbitration
10:15 - 10:45am - Coffee Break
10:45am - 12:45pm - Debate - Defying Investment Arbitration: Moral Hazards, Perceived Injustices and the Coming of a New Age
State representatives, investors, arbitration practitioners and academics will debate some of the criticisms and controversial topics concerning the state of affairs in the investment arbitration system. The discussion will touch upon upon states’ increasing criticism of the existing system, the “Moral Hazards” as developed by Jan Paulsson, the critical views formulated for example in the report “Profiting from Injustice” published by Corporate Europe Observatory, the ideas raised by Sundaresh Menon in the “Coming of a New Age” speech, as well as new developments towards reforming the efficiency of the system, for example through the new IBA State-Investor Mediation Rules.
Suzana M. Blades, Senior Counsel, ConocoPhillips, Houston
Leidylin Contreras, Lawyer, Office of the legal Advisor to the President, Presidency of the Dominican Republic, Santo Domingo
John Crook, George Washington University
Anna Joubin-Bret, Partner, Foley Hoag LLP, Paris; Former Senior Legal Advisor on Investment, Technology and Enterprise Development of the U.N. Conference on Trade and Development (UNCTAD)
Sophie Nappert, Arbitrator, Three Verulam Buildings (3VB) Chambers, London
James Morrison, Senior Associate, Allens Linklaters, Sydney
Maxi Scherer, Special Counsel, Wilmerhale; Senior Lecturer, Queen Mary University of London, School of International Arbitration London
12:45 - 2:00pm - Lunch
2:00 - 4:00 pm - World Café Session - International Arbitration: Realities and Challenges
World Café is an interactive format which allows all delegates to participate actively in a series of simultaneous debates. Delegates will be invited to join different groups animated by ICC YAF Regional Representatives to discuss a variety of hot topics including:
- How would you define a good arbitrator? And how can you test it?
- Should there be a Code of Ethics for counsel in international arbitration? If so: why? If not, why not? And what should such code include?
- Should gender diversity in international arbitration be actively fostered and if so, how?
- Who offers the better services: arbitration boutiques or full service law firms?
- The more, the merrier? How many arbitration institutions does the world need? How can we ensure their quality?
- Behind closed doors? How much of the institutions’ work needs to be made public?
- Young Practitioners Groups: are they working? Can they do better?
- What are the greatest hurdles that newcomers face to become arbitration practitioners and how can they be overcome?
- Arbitration-life balance: is it possible?
John Adam, Associate, Shearman & Sterling LLP, Paris
Timur Aitkulov, Partner, Clifford Chance CIS Limited, Moscow
Andrew Battisson, Counsel, International Arbitration Group, Allen & Overy, Singapore
Rodrigo Bordachar, Partner, Bordachar, Alvear, Meneses, Montes & CIA, Santiago de Chile
Tina Cicchetti, Counsel, Fasken Martineau DuMoulin LLP, Vancouver
Ania Farren, Special Counsel, K&L Gates LLP, London
Octavio Fragata M. de Barros, Attorney at Law, Barbosa, Müssnich & Aragão, Rio de Janeiro
Katherine Gonzalez Arrocha, Regional Director, ICC International Court of Arbitration, ICC Dispute Resolution, Latin America, Panama City
Lara Hammoud, Associate, Shearman & Sterling LLP, Abu Dhabi
Sami Houerbi, Regional Director, ICC International Court of Arbitration , ICC Dispute Resolution, Africa & Middle-East, Tunis
Alina Leoveanu, Deputy Counsel, Head of ICC YAF Europe & Russia Chapter, ICC International Court of Arbitration, Paris
Kolawole Mayomi, Senior Associate, Aluko & Oyebode LLP, Lagos
Christa Mueller Garcia, Associate,Noriega & Escobedo, A.C., México City
Chris Parker, Partner, Herbert Smith Freehills LLP, New York
Eridania Perez, Partner, Patton Boggs LLP, New York
Ryham Ragab, New York
Humberto Saenz-Marinero, Partner, Saenz & Asociados, San Salvador
Encyeh Seyed Sadr, Attorney at Law, Bayan Emrooz International Law Firm, Tehran
Eva Storskrubb, Senior Associate, Roschier, Stockholm
May Tai, Partner, Herbert Smith Freehills LLP, Beijing
Stamatios Tsetos, Partner, Leboulanger & Associés, Athens and Paris
Greig Taylor, Managing Director, FTI Consulting, New York
Suzanne Ulicny, Deputy Director, Arbitration & ADR North America, ICC Internationaln Court of Arbitration, New York
Nicolas Wiegand, Partner, CMS Hasche Sigle, Munich
4: 00 - 4:30pm Coffee Break
4:30 - 6:30pm - Roundtable - Applying the Law: A global approach
A truly diverse group of young arbitration practitioners featuring moderators and speakers from North America, Latin America, Western Europe, Eastern Europe, Africa, Middle East, South-East Asia, Central Asia and the Pacific, will conduct a dynamic roundtable where each speaker will give his or her own regional perspective on the following topics:
- Determining the applicable law: la voie directe, the parties’ intentions and the arbitrator’s discretion
- Good faith, and general principles of law: their role in dispute settlement
- Deciding on equity: how?
- Lex Mercatoria: is it relevant?
- Fusion of legal systems: civil law, common law and sharia law
- Juggling with mandatory provisions potentially applicable to the dispute: the seat, the contract and the place of enforcement
- Tensions between model contracts and the law applicable to them
Milena Djordjevic, Assistant Professor, University of Belgrade Faculty of Law, Belgrade
Franco Ferrari, Director, Center for Transnational Litigation and Commercial Law,New York University School of Law, New York; Professor, Verona University School of Law, Verona
Renato Grion, Partner, Pinhero Neto, Sao Paulo
Lubnah Katbeh, Partner, Equity Legal Group, Ramallah
Tunde Ogowewo, Professor Kings College London; Counsel/Arbitrator, TOALAWGROUP, Abuja
Vanina Sucharitkul, Senior Associate Herbert Smith, Bangkok; Member, ICC International Court of Arbitration
Nancy Thevenin, Special Counsel, Baker & McKenzie LLP, New York
Neeti Sachdeva, Senior Associate, Economic Laws Practice, Mumbai
Simon Greenberg, Partner, International Arbitration Group, Clifford Chance Europe LLP, Paris
8:00pm - Dinner & Party
29 JUNE 2013
9:00 - 9:30am - Coffee
9:30 - 11:30am - Choice of Two Interactive Workshops
1) Communicating effectively in cross-cultural settings: Applying 10 neuroprinciples to successful arbitration
François Bogacz, CEO, Neuroawareness Consulting Services Inc., La Jolla, California
This workshop will focus on the impacts of neurobiology on arbitrators and counsel in arbitration: what should arbitrators and counsel know about the way the brain works to maximize their effectiveness and well-being?
This workshop is intended to help participants develop an awareness of their behaviors when acting in arbitrations and other dispute resolution proceedings. The workshop will present in an interactive way 10 key neuro-principles derived from the latest research in neuroscience and behavioral psychology. This workshop is intended to help all arbitration practitioners to reflect upon their practice, develop new skills and improve their cross-cultural communication and self-awareness.
2) Calculating damages in international arbitration
Andrea Cardani, Ettore Comi and Daniel Flores, Econ One Research, Inc., Washington D.C.
This interactive workshop will focus on quantum and damages analyses in international arbitration. The hypothetical case of ClubHotel v. San Theodoros Resort Development Corporation will be studied. Workshop participants will learn the basic facts of the case and then have the opportunity to examine the analyses presented by two mock expert witnesses.
The goal of the workshop is to “demystify” quantum and damages analyses, with an emphasis on practice rather than theory. The seminar is targeted to lawyers with little or no training in economics or finance, and can also be enjoyed by lawyers with prior exposure to valuation issues.
The workshop will be facilitated by three economists, who have extensive experience in providing expert reports and oral testimony in arbitrations under ICC, ICSID, UNCITRAL, and IACAC rules.
11:30am - 12:00pm - Coffee Break
12:00 - 1:00pm - Closing Keynote Address: Appointing a young(er) arbitrator: why and why not?
Lucy Reed, Co-head International Arbitration Group, Freshfields Bruckhaus Deringer, Hong Kong
1:00 - 1:15pm - Closing Remarks
1:15 - 2:30pm - Lunch
3:00pm - Choice of cultural activities