ICC Advanced Arbitration Academy for Central and Eastern Europe - Workshop 7

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  • Location: Prague, Czech Republic
  • Date: 18/09/2015
  • Event Type: Training
  • Language: English
ICC Advanced Arbitration Academy for Central and Eastern Europe. 8 workshops in 5 countries / March 2014 – December 2015. Under the auspices of the ICC Institute of World Business Law and the ICC International Court of Arbitration®  

Dates & Locations

Friday 28 March 2014, Paris, France
Friday 20 June 2014, Paris, France
Friday 12 September 2014, Istanbul, Turkey
Friday 12 December 2014, Prague, Czech Republic
Friday 13 March 2015, Istanbul, Turkey
Friday, 12 June 2015, Paris, France
Friday 18 September 2015, Prague, Czech Republic
Friday 18 December 2015, Paris, France

Learning outcomes

The programme covers the main stages of the arbitration proceedings from an arbitrator’s point of view. It aims at improving legal knowledge and developing practical skills such as efficient case management and drafting.
Practitioners who successfully complete the course will have acquired a strong command of the arbitration procedures and techniques, and shall be fully capable of acting as arbitrators in international arbitration cases.
This course is also a unique opportunity for exchanging and networking with leading professionals in the field.

Who should attend?

This advanced level professional training is designed primarily for senior and upper mid-level arbitration practitioners based in Central and Eastern European countries who are interested in pursuing a career as an arbitrator. Both institutions and arbitration practitioners would benefit from this programme.
This programme is limited to 40 participants who possess an advanced knowledge of the English language and sufficient experience in international arbitration.
Please note that a Curriculum Vitae is requested upon registration as candidates will be selected according to their experience.

Description

This course is organized on a two year basis, divided into 8 one-day workshops, held every three months.
Each workshop will consist of:

  • Review and study by the participants of relevant topics on the basis of recommended materials;
  • Analysis of practical situations based on ICC cases;
  • Drafting procedural documents (correspondence with the parties, Terms of References, Procedural Orders, Awards etc.);
  • Colloquia where key-note speakers discuss practical situations with the participants.

Qualification exercises

  • At each session the participants will be provided with a list of required and recommended reading for the forthcoming session. The session colloquia shall be structured on the assumption that the participants have studied the list of required and recommended reading. Participation in the workshop discussions is essential.
  • Written exercises shall be organized in relation to the topics covered at the session. Guidelines and materials for the written exercises will be provided. The exercises shall be read by the tutors; feedback shall be provided at the beginning of the following session.

Workshop I: Appointment as an Arbitrator

Date & venue: Friday 28 March 2014 – Paris, France

Topics:

  • General standards
  • Accepting appointment as an arbitrator
  • Appointment as an arbitrator by the ICC Court
  • Selecting the Chairman
  • Objections to confirmation by the ICC Court
  • Challenges of an arbitrator
  • Replacement / resignation of an arbitrator
  • Financial aspects of accepting an appointment
  • Communications with the ICC Court and the Secretariat
  • ICC Court as appointing authority
Practical tasks:
  • Arbitrator’s CV
  • Statement of Acceptance, Availability, Impartiality and Independence
  • Disclosure
  • Drafting the Report on confirmation/challenge/resignation

Workshop II: Jurisdiction of Tribunal

Date & venue: Friday 20 June 2014 - Paris, France

Topics:

  • Arbitration agreement

Form of arbitration agreement
Arbitrability
Material terms of arbitration agreement
Non-signatories: Group of companies doctrine / States / Guarantor

  • Pre-arbitration procedures

Pre-arbitration settlement procedure
FIDIC contracts

  • ICC Court's prima facie decision on jurisdiction

Procedure
Criteria

  • Compétence-compétence principle

Parallel proceedings
Anti-arbitration injunctions

  • Multiparty, multi-contract, multi-polar arbitrations

Appointment of arbitrators
Consolidation

  • Interim / partial award on jurisdiction

Practical tasks:

  • Report on case
  • Interim / partial award on jurisdiction

Workshop III: Case-management

Date & venue: Friday 12 September 2014, Istanbul

Topics:

  • Organizing the work of the Arbitral Tribunal
  • UNCITRAL Notes on Organizing Arbitral Proceedings
  • Effective case management under the new ICC Rules
  • Arbitrating small claims: new ICC Rules and guidelines
  • Terms of Reference
  • Provisional Timetable
  • Procedural Order no. 1
Practical tasks:
  • Drafting the Terms of Reference
  • Drafting Procedural Order no. 1
  • Drafting Procedural Timetable

Workshop IV: Provisional Remedies, Security for Costs

Date & venue: Friday 12 December 2014 - Prague, Czech Republic

Topics:

  • Conservatory and interim measures:
    Procedure
    Criteria
  • Counter/security
  • Procedural hearing
  • Remedies in case of non-compliance
  • Decision on interim measures: Procedural Order or Award?
Practical tasks:

Drafting a procedural order on one of the following issues:

  • Dismissal of Counsel
  • Attachment of assets
  • Confidentiality
  • Anti-Arbitration injunction
  • Security for Costs

Workshop V: Evidence

Date & venue: Friday 13 March 2015 – Istanbul, Turkey

Topics:

  • IBA Rules on the Taking of Evidence
  • Documents production

Scope of discovery

Criteria for document production
Procedure of document production
Arbitral Tribunal’s role in document production
IT in arbitration

  • Expert reports

Party appointed vs. tribunal appointed expert
Identification of issues to be put before the expert
Identification of expert / ICC expertise
Management of work with expert
Should the members of the Arbitral Tribunal act as experts?

  • Witness statements
  • Site inspection
Practical tasks:
  • Drafting the procedural schedule related to document production
  • Drafting the order for production of documents (Redfern Schedule)
  • Drafting the Procedural Order on appointment of expert

Workshop VI: Hearing

Date & venue: Friday 12 June 2015, Paris, France

Topics:

  • Organizational issues

Booking premises
Translation, transcripts and associated costs
Pre-hearing telephone conference

  • Management of Hearings

Setting the dates & timeframes
Setting the schedule for the hearing
Housekeeping issues

  • Conduct of the hearing

Adversarial v. inquisitorial style
Allocation of time between the parties
Examination and cross-examination of witnesses
Expert conferencing
Admissible / non admissible conduct

Practical tasks:

  • Drafting a letter to the parties inviting them to make proposals with regard to organization of the hearing
  • Drafting Procedural Order for the hearing
  • Report on case

Workshop VII: Award

Date & venue: Friday 18 September 2015 – Prague, Czech Republic

Topics:

  • Deliberations and allocation of work among arbitrators
  • Interim, partial and final awards
  • Award by Consent
  • ICC Award Checklist
  • Form of the award
  • Applicable law
  • Burden of proof
  • Evaluation of evidence
  • Costs and interest. Allocation of costs
  • Dispositive part of the award
  • Dissenting / concurring opinion
Practical tasks:


Drafting a final award

Workshop VIII: Scrutiny, Delivering Award Enforcement

Date & venue: Friday 18 December 2015 – Paris, France

Topics:

  • Scrutiny by the ICC Court
  • Signing and notification of the award
  • Correction / interpretation / remission of awards
  • Making enforceable awards
  • Enforcement proceedings
Practical tasks:
  • Addressing the ICC Court’s comments on the draft award
  • Drafting the addendum / decision on correction and interpretation

Programme Moderators

David Goldberg, Partner, White & Case LLP, United Kingdom & Russian Federation

Vladimir Khvalei, Partner, Baker & McKenzie, Russian Federation; Vice-President, ICC International Court of Arbitration

Galina Zukova, Attorney, White & Case LLP, France; Former Counsel, ICC International Court of Arbitration

Workshop I: Appointment as an Arbitrator

Date & venue: Friday 28 March 2014 – Paris, France

Key speakers:


Michael Bühler, Partner, Jones Day, France
Andrea Carlevaris, Secretary General and Director of Dispute Resolution Services, ICC International Court of Arbitration, Paris
Yves Derains, Founding Partner, Derains & Gharavi, France; Chairman, ICC Institute of World Business Law; Former Secretary General, ICC International Court of Arbitration
Maria Hauser-Morel, Counsel, ICC International Court of Arbitration, Paris

Workshop II: Jurisdiction of Tribunal

Date & venue: Friday 20 June 2014 – Paris, France

Key speakers:

Alexander Fessas, Counsel, ICC International Court of Arbitration, Paris

Jason A. Fry, Partner, Clifford Chance, France; Former Secretary General, ICC International Court of Arbitration

Jean-Christophe Honlet, Partner, Dentons, France

Christopher Seppälä, Partner, White & Case LLP, France; Vice-President Emeritus, ICC International Court of Arbitration; Member, ICC Institute of World Business Law; Legal Advisor of FIDIC Contracts Committee

Darya Shirokova, Deputy Counsel, ICC International Court of Arbitration, Paris

Workshop III: Case-management

Date & venue: Friday 12 September 2014, Istanbul

Key speakers:

Ziya Akinci, Partner, Akinci Law Office, Turkey; Member, ICC International Court of Arbitration
Assen Alexiev, Partner, Sabev and Partners Law Firm, Bulgaria; Member, ICC International Court of Arbitration
H. Ercüment Erdem, Partner, Erdem & Erdem, Turkey; Professor Emeritus of Commercial Law, Galatasaray University; Council Member, ICC Institute of World Business Law
Alina Leoveanu, Deputy Counsel, ICC International Court of Arbitration, Paris
Michael Polkinghorne, Partner, White & Case LLP, France; Member, ICC Institute of World Business Law

Pierre Tercier, Emeritus Professor, University of Fribourg, Switzerland; Honorary Chairman, ICC International Court of Arbitration

Workshop IV: Provisional Remedies, Security for Costs

Date & venue: Friday 12 December 2014 - Prague, Czech Republic

Key speakers:

Alexander J. Bělohlávek, President, World Jurist Association; Managing Partner, Bělohlávek Law Office, Czech Republic; Professor of international law; Member, ICC International Court of Arbitration
Philipp Habegger, Partner, LALIVE, Switzerland
Maria Hauser-Morel, Counsel, ICC International Court of Arbitration, Paris
Bohuslav Klein, Arbitrator; Honorary President, Arbitration Court attached to ECCR and ACCR, Czech Republic; Council Member, ICC Institute of World Business Law
Piotr Nowaczyk, Partner, Dentons, Poland; Member, ICC International Court of Arbitration
Patrick Thieffry, Avocat, Thieffry & Associés, France; Associate Professor, Sorbonne Law School (Université Paris I)

Workshop V: Evidence

Date & venue: Friday 13 March 2015 - Istanbul, Turkey

Key speakers:

Ziya Akinci, Partner, Akinci Law Office, Turkey; Member, ICC International Court of Arbitration
José Ricardo Feris, Deputy Secretary General, ICC International Court of Arbitration, Paris
Lawrence W. Newman, Of Counsel, Baker & McKenzie LLP, United States
Alan Redfern, Chambers of Lord Grabiner QC, One Essex Court, United Kingdom; Vice-President, ICC International Court of Arbitration
Eric A. Schwartz, Partner, King & Spalding, France; Vice Chair, ICC Institute of World Business Law; Vice President, ICC International Court of Arbitration

Workshop VI: Hearing

Date & venue: Friday 12 June 2015, Paris, France

Key speakers:

Eric Borysewicz , Partner, Baker & McKenzie SCP, France
Yves Derains , Founding Partner, Derains & Gharavi, France; Chairman, ICC Institute of World Business Law
Emmanuel Jolivet , General counsel, Deputy Diretor for ICC Dispute Resolution Services, ICC International Court of Arbitration, Paris
Alexander Muranov , Managing Partner, Muranov, Chernyakov & Partners, Russian Federation
Ilya V. Nikiforov , Managing Partner, Egorov, Puginsky, Afanasiev & Partners, Russian Federation
Zoë O'Sullivan QC , Barrister, One Essex Court, United Kingdom
Darya Shirokova , Deputy Counsel, ICC International Court of Arbitration, Paris
Tatyana Slipachuk , Partner, Head of International Arbitration, Sayenko Kharenko, Ukraine
Vera Van Houtte , Independent Arbitrator, Van Houtte Partners, Belgium; Vice-President, ICC International Court of Arbitration

Workshop VII: Award

Date & venue: Friday 18 September 2015 - Prague, Czech Republic

Key speakers:

Alexander J. Bělohlávek, President, World Jurist Association; Managing Partner, Bělohlávek Law Office, Czech Republic; Professor of international law; Member, ICC International Court of Arbitration

Simon Greenberg, Partner, Clifford Chance, France; Former Deputy Secretary General, ICC International Court of Arbitration
Crenguta Leaua, Partner, Leaua & Asociatii, Romania; Member, ICC International Court of Arbitration
Alina Leoveanu, Deputy Counsel, ICC International Court of Arbitration, Paris
Loukas Mistelis, Professor and Director, School of International Arbitration, Queen Mary University of London, United Kingdom
Pawel Pietkiewicz, Partner, White & Case LLP, Poland

Workshop VIII: Scrutiny, Delivering Award Enforcement

Date & venue: Friday 18 December 2015 - Paris, France

Key speakers:

Yves Derains , Chairman, ICC Institute of World Business Law; Founding Partner, Derains & Gharavi, France; Former Secretary General, ICC International Court of Arbitration
Emmanuel Jolivet , General Counsel, Deputy Director for ICC Dispute Resolution Services, ICC International Court of Arbitration, Paris
Luca Radicati di Brozolo , Partner, Radicati di Brozolo & Sabatini Studio Legale, Italy; Professor, Catholic University of Milan; Member, ICC International Court of Arbitration


** The key-note speakers announced in this programme are subject to minor amendments subject to the speakers' availability

Venues and Times

The precise venues will be indicated as the programme goes along.

Each workshop will generally last the whole day, from 9.00 am to 5.00 pm, with a one hour break for lunch.

Participants will be invited for informal drinks at the end of each session.

Registration fees

Registration fees: 5,000 €* (625 €** per workshop)

*excl. VAT. ICC Services must set its prices to include the VAT pursuant to Article 53 of the European Directive 2006-112CE.
**each workshop shall be invoiced separately and variations in the rates of VAT from one host country to another should be expected.

On registering for this course, participants commit themselves to attending and paying for all eight workshops. Payment for each workshop must be received by ICC Services at least one month prior to it taking place.

The registration fee covers all training activities (subject to last minute changes and modification by the organizers), including lunches and coffee breaks. Travel and hotel expenses are not included.

Case study materials shall be provided electronically. Participants will be expected to print and organize their materials for each workshop.
With the rare exception, compulsory reading materials shall not be provided. Participants will be responsible for purchasing materials if required.

How to register

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

Or return the registration form indicating method of payment to:

E-mail: events@iccwbo.org

Tel: +33 1 49 53 28 67

Fax: +33 1 49 53 30 30

Post: ICC Services, Training and Conferences, 33-43 Avenue du Président Wilson, 75116 Paris, France

Please note that a Curriculum Vitae is requested upon registration as candidates will be selected according to their experience. Admission to the programme is not guaranteed.

Candidates must be based in Central or Eastern Europe.

Travel and accommodation

Participants are responsible for making their own travel arrangements and hotel reservations.
We are able to dispatch visa invitation letters to support your visa applications 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 and is a State Bar of California approved MCLE provider. Approval for credits for this training has been requested.

Certification

A certificate will be issued upon successful completion of the course by the ICC Institute of World Business Law to provide public recognition of the level of expertise gained. The certificate shall only be given to those participants who attended at least 7 sessions and successfully completed 100% of the written exercises.

Cancellation policy

Cancellations are not refundable. In the event of cancellation, the fees for the entire course will remain due. Subject to agreement from ICC Training and Conferences however, prior to the event, the registration may be transferred to another person from the same company or organization at no extra charge. Their Curriculum Vita and 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.

Disclaimer

The photos and audiovisual recordings taken at this meeting/event may be used and published by ICC, its subsidiaries or affiliates, for informational or promotional purposes in printed materials or online, including on ICC websites and in social media. Participation in the meeting/event implies agreement to such use of photos or audiovisual recordings in which the participant may appear unless ICC Services receives written notification to the contrary.

Sponsorship 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 read our sponsorship opportunities or contact Ms Rodriguez at: luz.rodriguez@iccwbo.org

Programme and logistics:
Katharine Bernet, Project Manager, Email Katharine Bernet, Tel: +33 1 49 53 28 91

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

Fee per workshop €625

750 € (including 20% French VAT)

Total registration fees: 5,000 € (625 € per workshop)