SUNDAY 2 November 2014
MORNING (09.30 - 13.15)
Welcoming Address and
Active Case Management Techniques
the very outset of the arbitration, the tribunal has to actively assist the
parties in organizing and streamlining the conduct of the proceedings. During
this session, participants will learn and discuss both from a theoretical and a
practical standpoint effective case management techniques. These will include
issues related to drafting the terms of reference, preparing and conducting
case management conferences, and adopting procedural timetables.
Effective Management of Arbitration: an ICC
this session participants will be provided with ICC insights and best practices
on various active management techniques.
Case scenarios on
active case management techniques and debate
Coffee Break (11.15-11.45)
Authority: Scope and Limits
notion of ‘authority of the arbitral tribunal’ is a complex and multifaceted
one which plays a key-role in the creation of a suitable framework for the
arbitration. It involves both the relationship between the arbitrators as well
the tribunal’s relationship with counsel and raises challenging questions.
Among others: how far a dissenting opinion can go and still be effective and
appropriate; what is the scope of the tribunal’s authority to sanction
counsel’s wrongful conduct; what types of sanctions are available?
scenarios on arbitrators’ authority: scope and limits and debate
AFTERNOON (14.15 - 17.00)
Additional Claims and Parties
of the aspects of the growing complexity of international commercial
arbitration cases is the increasing number of arbitrations involving
multiplicity of parties, including non-signatory parties, claims and
cross-claims, and multi contract disputes. This session will address the main
pitfalls as well as the challenging jurisdictional matters that arbitrators
face when confronted with complex arbitrations.
Case scenarios on
allowing additional claims and parties and debate
Coffee break (15.25-15.40)
the exchange of information
and presenting information is of paramount importance when preparing an
international commercial arbitration case. The mission of the arbitral tribunal
lies in managing such exchange of information, taking into consideration the
different cultural legal approaches of the parties and their counsel.
Participants will learn more on how arbitrators should deal with issues such
as: the management of electronically stored information; the preservation of
the confidentiality of information and related issues of applicable law;
protection of trade, technological and commercial secrets; privacy of the
arbitral proceedings; and ethical conduct of the arbitrators.
Case scenarios on
managing the exchange of information and debate
Cocktail reception (18.00-20.00)
TUESDAY 4 November 2014
Related and interested players: between theory and practice
- Juggling with bankruptcy: the arbitrator, the liquidator and the judge
- The role of financial institutions in large projects (the case of MIGA)
- The third-party funders: revolution or
business as usual?
- The State and public entities: their interaction in commercial arbitration cases
Coffee break (11.00-11.30)
Technique and ethics of advocacy
- “Guerrilla tactics” or duty to defend the clients’ interests: where do we do draw the line?
- Scope and meaning of candor and personal integrity in international arbitration
- Choosing and instructing party-appointed experts: everything goes?
Closing roundtable on complex issues of practice
Topics to be discussed include:
- Deciding on authenticity of documents
- Dealing with security for costs’ applications
- “New claims”: what are they really? When should they really be admitted?
- Exporting “summary judgment” motions to international arbitration
- Complexities arising out of non-participating parties