ICC Austria Advanced Arbitration Seminar on the 2012 ICC Rules of Arbitration
- Location: Vienna
- Date: 07/05/2013
- Event Type: Seminar
- Language: English
The ICC Austria Advanced Arbitration Seminar, which will take place in Vienna on 7 May 2013, will tackle the changes to the new ICC arbitration rules from a practitioner’s point of view, as well as showcase the first experiences in applying them. Do not miss your chance to meet Michael Bühler of Jones Day, who had been on the ICC Task Force on the revision of the rules, as well as Andrea Carlevaris, the newly appointed Secretary General of the ICC International Court of Arbitration.
The New ICC Arbitration Rules 2012 - Changes and First Experiences
The ICC International Court of Arbitration is the world’s leading institution for resolving international business disputes. In 2011 alone, 796 cases were filed, involving 2,293 parties from more than 139 countries. Vienna has been the place of arbitration in a lot of these cases, placing Vienna next to Par-is, London, Geneva and Zurich amongst European venues.
Entering into effect at the beginning of 2012, the new ICC Arbitration Rules brought about considerable changes to the ICC’s arbitral proceedings. Increased efficiency, reduction of cost, and enhanced protection of fundamental procedural rights have been key issues in focus. This seminar will not only acquaint you with the changes the new rules brought about but gives you also an overview of the very first practical experiences in handling those.
Every arbitration practitioner must acquaint himself/herself with the new ICC Rules of Arbitration. While maintaining the traditional advantages of ICC arbitration, they present a series of innovations, in particular regarding multiparty scenarios, the initiation phase and the ability to obtain interim measures of relief from an emergency arbitrator even before the Arbitral Tribunal is constituted.
Who should attend
Arbitrators, Lawyers, Litigators, In-house legal counsel, and all those who need to deepen their knowledge of the new ICC Arbitration Rules
PART I: The Arbitral Tribunal
- Constitution of the Arbitral Tribunal
- Direct appointments by ICC Court
- Multiparty situations
- Time limit for appointment of President by co-arbitrators
- Arbitrators’ duties and qualifications
- Challenge and replacement of arbitrators
- Improved efficiency of the Arbitral Tribunal
- Statement of availability
- “Duty” to act expeditiously and cost-effectively
- Time limit for final awards
- Date for closure and submission of draft awards
- Limitation of liability
PART II: The Arbitral Proceedings
- The new role of the Secretary General regarding the prima facie test that an arbitration agreement exists
- New tools to improve cost-effectiveness & efficiency:
- Case Management Conference and Case Management Techniques
- Cost decision
- Withdrawal of the claim
- Remission of the award
PART III: Multiple Parties, Multiple Contracts & Consolidation
- Basic aspects of multiparty and multi-contract disputes
- Issues to be assessed separately
- Extension of arbitration agreement to a non-signatory
- Scope of the arbitration agreement
- Significance of the “Kompetenz-Kompetenz” principle
- Presentation of the new rules
- Joinder of additional parties and Answer to the joinder;
- Claims between multiple parties and answer to such claim; time limit for such claims
- Multiple contracts
- Prima facie test of jurisdiction
- Advances on costs in multiparty situations
PART IV: The new Emergency Arbitrator
- What is the Emergency Arbitrator? – Presentation of the new rules
- Admissibility of the Request
- Independence and impartiality of the Emergency Arbitrator
- Powers of the Emergency Arbitrator
- Prerequisites of the order
- Procedure for granting the order
- Legal effects of the order
- Interplay between the Emergency Arbitrator and the Arbitral Tribunal
- Relationship between the Emergency Arbitrator and the ICC Pre-Arbitral Referee
is a Partner in the International Arbitration Group of Schellenberg Wittmer in Zurich; Christopher specializes in international arbitration, representing clients in disputes in an array of industry sectors, including the construction, automotive and pharmaceuticals industries and under the arbitration rules of the ICC, the Swiss Chambers, UNCITRAL and others.
Michael Bühler, Head of International Litigation and Arbitration, Jones Day, Paris; Michael focuses on international dispute resolution in complex arbitrations and represents major corporations and state-owned entities. He acts as counsel in arbitrations under ICC, UNCITRAL, ICSID, WIPO Rules and the arbitration associations of Germany, Belgium, Sweden, Austria, Switzerland, U.S. Sectoral specialities are construction, engineering, industrial equipment, power plants, oil, gas. In addition to that, from 2008 – 2011 Michael held the position of the Co-chair of the ICC Task Force on the Revision of the (2012) ICC Rules of Arbitration.
Andrea Carlevaris, Secretary General of the ICC International Court of Arbitration, formerly a partner at Bonelli Erede Pappalardo, Rome, where his practice used to cover commercial civil litigation as well as domestic and international arbitration, with a focus on international conflicts of law, public international law and international civil procedure. Andrea Carlevaris is a regular speaker at international arbitration conferences and seminars.
9:00 am to approx. 5:00 pm