ICC YAF: Res judicata in arbitration: theory and practice

ICC YAF- Zurich, 27 November 2015
  • Location: Zurich
  • Date: 27/11/2015
  • Event Type: Conference
  • Language: English

The ICC Young Arbitrators Forum (YAF) is organizing a conference entitled “Res judicata in arbitration: theory and practice” hosted by Schellenberg Wittmer  that will take place on 27 November 2015 in Zurich, Switzerland.  

In a world of increasingly complex disputes that often involve proceedings in multiple fora, the concept of res judicata is of great practical significance. It is also a topic with respect to which the common law/civil law divide has not been bridged in international arbitration. The issue was the subject of 2006 ILA Recommendations, but it continues to vex practitioners and to generate prominent case law: in 2014-2015, the Swiss Supreme Court in three judgments outlined its approach to the question; while the 2014 Apotex award was the first NAFTA decision to address the issue.

This event will bring together leading authorities and young practitioners with different legal backgrounds to examine the issue of res judicata from theoretical and practical perspectives. Among other topics, speakers will address: if and how the ILA recommendation are applied in practice; whether there are, and whether there should be, differences in applying res judicata in arbitration depending on the jurisdiction; the implications of res judicata on strategic questions like claim splitting and withdrawing claims; and different considerations in commercial and investment arbitration.

The seminar will be an ideal forum for young practitioners to exchange thoughts on international arbitration, and to enrich their network in the region. After the conference, the discussions continue at a reception at Schellenberg Wittmer, and later at an informal get-together at a nearby bar (which will be named at the event).

15:30 - 16:00 Arrival and registration

16:00-16:20 Welcome and Opening Remarks

Giulio Palermo, Lalive / ICC YAF Europe Representative, Geneva

Nathalie Voser, Schellenberg Wittmer, Zurich

16:20-18:00 Panel discussion

Kate Davies , Allen & Overy, London

Eliane Fischer , Freshfields Bruckhaus Deringer, Vienna

Ulrich Kopetzki , ICC International Court of Arbitraiton, Paris

James Menz , Schellenberg Wittmer, Zurich

Sebastian Müller , King & Spalding, Frankfurt

Audley Sheppard , Clifford Chance, London

Date: 27 November 2015 (15:30 -11:45)


Schellenberg Wittmer

Loewenstrasse 19, 8021 Zurich, Switzerland


Attendance to the conference is free.

Please send the attached registration form to: events@swlegal.ch

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