ICC Institute Masterclass for Arbitrators

S1306_MasterclassArbitrators_Button_200x200
  • Location: ICC Hearing Centre, Paris
  • Date: 20/11/2013 - 22/11/2013
  • Event Type: Training
  • Language: English
Overview of fundamentals and best practices related to serving as an arbitrator
“In my humble opinion, this was the best arbitration class I've ever attended.”
Alejandro Flores, Loperena, Lerch y Martín del Campo, Mexico
Masterclass for Arbitrators: March 2011

Objective

As the practice area of international commercial arbitration has flourished within the last decade, the ICC Institute of World Business Law proposes its Masterclass for individuals interested in serving as international arbitrators. The condensed format as well as the reasonable pricing of this two and half day training makes it convenient and practical for working professionals.

This ICC Institute Masterclass for Arbitrators will provide participants with an opportunity to gain a deeper insight into some of the new provisions of the 2012 ICC Rules of Arbitration while learning about the latest developments and best practices related to serving as an international arbitrator.

In keeping with its commitment to excellence, ICC has recruited some of the world's leading practitioners and scholars as lecturers for this important event. Participants will have the rare opportunity to learn firsthand from them and to develop helpful contacts with arbitration practitioners from around the world. The course will consist of presentations and interactive discussions using mock cases designed to hone participants' understanding of critical theoretical concepts while also emphasizing many practical aspects involved in conducting an international arbitration.

The purpose of this course is to provide training with respect to serving as an arbitrator. Completion of the course will not result in students being awarded any type of certification or accreditation by ICC in terms of their fitness to serve as international arbitrators.

Who should attend

  • Practitioners who have a significant experience in international commercial arbitration as counsel, but who have little or no experience as arbitrators.
  • Arbitrators wishing to reinforce their knowledge may also participate.
  • Attendees are expected to have already mastered the essentials of arbitral proceedings and ICC Arbitration, as these will not be reviewed during the Masterclass. Please note that a Curriculum Vitae is requested upon registration as candidates will be accepted depending on their experience.
“Comprehensive, helpful insights for your practice, worthwhile without doubt."
Jorge ANGELL, Senior Partner, L.C. RODRIGO ABOGADOS, Spain
Masterclass for Arbitrators: June 2012

Wednesday 20 November 2013

MORNING (09.00–12.30)

  • Constitution of the arbitral tribunal: The appointment of arbitrators starts with a selection process often involving various issues such as the interview process, the initial disclosures and conflict checks. How should a potential arbitrator deal with these issues? What do the concepts of impartiality and independence require in concrete terms and what types and level of disclosure are required? How is the chairman selected by the co-arbitrators? The sensitive issue of the arbitrator’s fees and expenses, notably institutional arbitration vs. ad hoc, will also be discussed.
  • Mock cases and debate
  • Establishing your authority over the parties and the framework for the arbitration: The arbitrator must establish his or her authority at the outset and create a suitable framework for the arbitration. This may pose particular challenges for young arbitrators or arbitrators dealing with experienced attorneys. Participants will learn manners of setting out the rules of the process at the very beginning and how to deal with issues related to the characteristics or behaviour of the parties, such as cultural differences, recalcitrant parties or how to maintain a level playing field in order to create a balance between the parties and the temptation of helping the less experienced/weaker party.
  • Mock cases and debate

Lunch (12.30-14.15)

AFTERNOON (14.15–17.45)

  • Commencement of proceedings and case management techniques: This session will focus on the general administrative as well as critical procedural matters that arbitrators and parties have to deal with in order to establish an orderly and efficient process. These include issues related to jurisdiction, terms of reference, the governing law and procedural rules, multiparty arbitrations, interim measures, standards of evidence, discovery and many more. Participants will also be provided with several demonstrations on the different case management techniques available for controlling time and costs.
  • Questions and Answers
  • Conducting hearings: Conducting hearings in an efficient and fair fashion is one of the most critical and challenging tasks faced by arbitrators. Because an arbitrator is not a judicial officer with state sanctioned authority to hold parties and advocates in contempt, maintaining control and decorum may pose a significant challenge for arbitrators. The experienced lecturers will share their insights notably on the questioning of witnesses or attorneys by arbitrators, deciding whether to request additional evidence not provided by the parties and evaluating the need to appoint an expert.
  • Mock cases and debate

Thursday 21 November 2013 

MORNING (09.00–12.30)

  • Relations between arbitrators - Part 1: The relationship and interaction between arbitrators is another important component of the arbitral process. This session will focus on specific issues pertaining to relations between arbitrators such as the pathological behaviour of party appointed arbitrators, dissenting opinions and truncated tribunals, and the role of the chairman.
  • Relations between arbitrators - Part 2: Mock arbitral tribunal: Several demonstrations with a mock arbitral tribunal will be presented to explore and give a practical insight into the following issues: consultation with co-arbitrators before and during the hearing; getting along with your co-arbitrators; trying to build consensus; dealing with conflicting personalities or styles; dealing with perceived bias or other perceived inability to properly function.
  • Debate on the mock arbitral tribunal

Lunch (12.30-14.15)

AFTERNOON (14.15–17.45)

  • Drafting enforceable awards: Participants will learn the general guidelines and best practices pertaining to what can be referred to as the most prominent duty of an arbitrator. Accordingly, the session will focus on the procedural as well as formal requirements, and cover the issue of the necessary substantive accuracy of the award.
  • Questions and answers
  • Working groups: Participants will be given the opportunity to study draft awards before scrutiny by the ICC International Court of Arbitration. Each working group will be responsible for reviewing part of the award and will make its comments as if it were a Counsel of the ICC Court of Arbitration Secretariat.
  • Mock Court Session: scrutiny of draft awards and debate: This is an opportunity for participants to witness the type of discussions that are held between members of the Court and representatives of the ICC Secretariat when reviewing a draft award. The parties to this mock court session will debate on the draft awards reviewed by the working groups.

Friday 22 November 2013  

MORNING (09.00–13.00)

  • Decisions as to the costs of the arbitration: The arbitral tribunal has the difficult mandatory duty to evaluate and fix the costs of the arbitration in the final award and decide in what proportion they shall be borne by the parties pursuant to article 37 of the ICC Rules. Such costs include the fees and expenses of any experts appointed by the arbitral tribunal and the reasonable legal and other costs incurred by the parties for the arbitration. Participants will benefit from the precious advice of learned practionners on how to make such decisions.
  • Questions and Answers
  • Challenge and replacement of arbitrators: This session will focus on the different procedures applicable to the challenge and replacement of Arbitrators notably under the rules of the ICC International Court of Arbitration, but also before National Courts. The concepts of impartiality and independence will be largely discussed.
  • Questions and Answers
  • Arbitrator immunity: As in many legal endeavours, the world of arbitration involves issues related to an arbitrator’s legal exposure. The faculty will discuss the nature and extent of arbitrator immunity and provide suggestions on what an arbitrator should do if he or she gets sued. The discussion will also touch upon matters relating to potential unauthorized practice of law issues.
  • Questions and Answers
  • The New ICC 2012 Rules of Arbitration’s Emergency Arbitrator provisions: Participants will benefit from a comprehensive presentation of these brand new provisions, providing parties with potential emergency relief prior to the arbitral tribunal’s receipt of case. The main questions why? when? who? will be addressed. Practitioners will present the general characteristics of the emergency arbitrator provisions and share their experience.
  • Questions and Answers
  • Concluding remarks

Lunch (13.00-14.30)

Chairman of the ICC Institute of World Business Law Masterclass for Arbitrators

Bernardo Cremades, Senior Partner, B. Cremades Y Asociados, Spain; Council Member, ICC Institute of World Business Law

Speakers

Juan Fernandez Armesto

Abogado, Armesto & Asociados, Spain; Associate Member, ICC Institute of World Business Law

Stephen Bond

Senior of Counsel, Convington & Burling, United Kingdom; Associate Member, ICC Institute of World Business Law

Robert Gaitskell

Q.C., Practising Queen's Counsel and Arbitrator, Keating Chambers, United Kingdom

Carole Malinvaud

Associate Member of the ICC Institute of World Business Law

Andreas Reiner

Rechtsanwalt, Andreas Reiner and Partner, Austria

Eduardo Silva-Romero

Partner, Dechert, France; Former Deputy Secretary General, ICC International Court of Arbitration; Associate Member of the ICC Institute of World Business Law

Vera Van Houtte

Independent Arbitrator, Belgium; Vice-President, ICC International Court of Arbitration

ICC Representatives

Christian Albanesi

Counsel, ICC International Court of Arbitration, Paris

José Ricardo Feris

Deputy Secretary General, ICC International Court of Arbitration, Paris

Maria Hauser-Morel

Counsel, ICC International Court of Arbitration, Paris

Registration fees

The registration fee includes all conference documentation, lunches, dinner, and museum visit. Travel and hotel expenses are not included.

Amount (excluding VAT 19,6%)*

Early Bird Special until 31 May 2013: 1290,00 euros

After 31 May 2013

ICC Members ¤ 1560,00 euros

Non-Members ¤1790,00 euros

*As of 2011, ICC Services must set its prices to include the VAT pursuant to Article 53 of the European Directive 2006-112CE. Please note that you can request a reimbursement of the VAT through your local tax administration. (If you are not a member of the EU, you must obtain a French tax representative in order to receive the VAT reimbursement.)

How to register

Easier and faster: register online (secured payment by credit card) at www.iccevents.org

Or return the registration form indicating method of payment to:

E-mail: events@iccwbo.org Tel: +33 1 49 53 29 34 Fax: +33 1 49 53 30 30

Post: ICC Services, Training and Conferences, 38, Cours Albert 1er, 75008 Paris, France

Registration will be confirmed upon receipt of the registration form and registration fees.

To benefit from early bird rates, please note that ICC Services must receive the payment before the deadline.

Travel and accommodation

Participants are responsible for making their own travel arrangements and hotel reservations. A list of hotels in Paris, with which ICC has negotiated preferential room rates, will be sent to you upon receipt of the registration form.

We are able to dispatch visa invitation letters to support your visa application only after receipt of your registration form and full payment of your registration fees.

Working language

English

Credits and hours

ICC Training and Conferences is eligible for CLE credit under New York’s approved jurisdiction procedures, is a State Bar of California approved MCLE provider and is a Solicitors Regulation Authority and General Council of the Bar of England and Wales External CPD Course Provider. French Bars: This training has been sent for CNB approval. Lawyers practicing in France may apply for reimbursement before the FIFPL (Fonds Interprofessionnel de Formation des Professionnels Libéraux), subject to terms and conditions.

Cancellation policy

50% of the registration fee will be refunded if notice of cancellation is received in writing before Friday 18 October, 2013. Cancellations after this date are not refundable. Subject to agreement from ICC Training and Conferences prior to the event, the registration may be transferred to another person from the same company or organization at no extra charge. Updated registration information will be required.

Please note that ICC Services reserves the right to cancel this event or to make minor alterations to the content and timing of the programme or to the identity of the speakers. In the unlikely event of cancellation, delegates will be offered a full refund. ICC Services will not, however, be held responsible for any related expense incurred by the participant.

Partnership opportunities

This training offers you an unrivalled opportunity to build worldwide partnerships. Partnering will get you visibility with the major decision makers in global business and/or within the international arbitration network. For further information, please contact Ms Rodriguez at: luz.rodriguez@iccwbo.org

Disclaimer

The pictures and footage taken by ICC staff or photographer at this training may be used, without further notification, at a later date within printing and online materials such as brochures, marketing tools, social media and the ICC website. Registration implies that you accept this disclaimer unless ICC Services receives written notification from you stating the contrary.

Programme and logistics: Ewa Jablonska, Senior Project Coordinator, Email Ewa Jablonska, Tel: + 33 1 49 53 30 42

Registration issues: Sylvette Abenzoar, Sales Administrator, Email Sylvette Abenzoar, Tel: + 33 1 49 53 28 67

Sponsorship: Luz Rodriguez, Global Partnerships Manager, Email Luz Rodriguez, Tel: + 33 1 49 53 28 42

Download Document(s)

Event registration fees

Early Bird Special €1290

Until 31 May 2013

After 31 May 2013 €1560

ICC Members

After 31 May 2013 €1790

Non-Members

Hours and credits

  • CLE credits 17

  • MCLE credits14

  • CPD hours 14

  • CNB hours 14