Let's talk about costs!

ICC Commission Report launches
  • Location: Worldwide
  • Date: 30/03/2016 - 29/06/2016
  • Event Type: Launch events
  • Language: English

The ICC Commission on Arbitration and ADR presents a series of events to launch its new Report : Decisions on costs in international arbitration

The ICC Commission on Arbitration and ADR’s Report will be launched through a series of events worldwide. The first Global Launch Event was held at ICC in Paris on 1 December 2015. 

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This Report is the Commission's latest initiative to ensure that arbitration continues to be a viable and attractive form of dispute resolution for its users. The Report will create more awareness on how to address and deal with cost issues in arbitral procedures and awards.

Users will understand how arbitral tribunals allocate costs with a view to controlling time and costs effectively and to assist in creating fair, well-managed proceedings which meet their expectations.

Attendees will get one free hard copy of the Report, which is included in the Bulletin, 2015 issue 2. The Report is also accessible on the ICC website .

Who should attend

All in-house counsel, legal practitioners, arbitrators and academics interested in the field of dispute resolution.

Launch events worldwide

  • PARIS , 1 December 2015
  • LONDON , 2 December 2015
  • NEW YORK , 20 January 2016
  • SHANGHAI , 3 March 2016
  • PANAMA CITY , 17 March 2016
  • ISTANBUL , 30 March 2016
  • DUBAI , 13 April 2016
  • HONG KONG , 30 June 2016

Media Partner

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It deals both with formal adjudicatory procedures (mainly investment and commercial arbitration), but also mediation/ADR methods, negotiation and managerial ways to manage transnational disputes efficiently. See www.transnational-dispute-management.com for more information. You can apply for a free OGEMID trial membership and students can sign up for Young-OGEMID (which is free).

Dates

  • PARIS , 1 December 2015
  • LONDON , 2 December 2015
  • NEW YORK , 20 January 2016
  • SHANGHAI , 3 March 2016
  • PANAMA CITY , 17 March 2016
  • DUBAI , 13 April 2016
  • HONG KONG , 29 June 2016

Further information

Details on individual events and how to register will be circulated shortly. For more information pleace contact: arbevents@iccwbo.org .

Paris, 1 December 2015

This latest ICC Commission Report addresses many aspects relating to decisions on costs in international arbitration with a focus on the following questions:

  • how costs are in practice allocated by arbitral tribunals
  • how decisions as to costs can be used as a case management tool in arbitration proceedings

The Report does not seek to establish rules or guidelines, but provides practical information which will be of assistance to arbitrators, counsel and parties. The report:

  • provides an analysis of how costs have been allocated in arbitral awards under the ICC Rules and the rules of other leading arbitral institutions;
  • considers the various cost allocation considerations that tribunals can deploy when making decisions on costs, including :

o using presumptions, such as 'loser pays'

o reviewing the relative success and failure of the parties in the arbitration

o assessing reasonableness

o dealing with internal legal and other costs

o considering the impact of improper conduct by parties in the arbitration

  • explores how cost allocation can be a tool for effective case management and how cost allocation issues can be addressed at an early stage of the arbitral procedure;
  • looks at the potential implications of third party funding, success fee arrangements and settlement offers

Who should attend

All in-house counsel, legal practitioners, arbitrators and academics interested in the field of dispute resolution.

Programme

13:45 - 14:00 Welcome and Registration

14:00 - 14:30 An introduction to the Report and background research work

Christopher Newmark, Chairman, Commission on Arbitration and ADR; Partner, Spencer Underhill Newmark LLP, London

Hélène van Lith, Secretary, ICC Commission on Arbitration and ADR, Paris

14:30 - 15:15 Panel 1- Costs Allocation Considerations

Julian Lew, Co-Chair, Task Force on Decisions as to Costs; Barrister, 20 Essex Street, London

Wendy Miles, Co-Chair, Task Force on Decisions as to Costs; Vice-President of the ICC International Court of Arbitration; Partner, Boies, Schiller & Flexner, London

Tomasz Wardynski, Member, Task Force on Decisions as to Costs; Alternate Member, ICC International Court of Arbitration; Adwokat and Founding Partner, Wardynski & Partners, Warsaw

Moderator :

Annet van Hooft, Vice-Chair, Commission on Arbitration and ADR; Partner, Bird & Bird, Paris

15:15 - 15:30 Coffee break

15:30 - 16:15 Panel 2 - Decisions on Costs: An Effective Case Management Tool for Parties and Tribunals

Philippe Cavalieros, Co-chair, Task Force on Decisions as to Costs; Partner, Winston & Strawn, Paris,

Jean-André Diaz, Member, ICC Institute of World Business Law; Senior Adviser, Total S.A., Paris

Bernard Hanotiau, Co-Chair, Task Force on Decisions as to Costs; Partner, Hanotiau & Van Den Berg, Brussels

Moderator:

Christopher Newmark, Chairman, Commission on Arbitration and ADR; Partner, Spencer Underhill Newmark LLP, London

16:15 - 17:00 Panel 3 - Reasoning on decisions of costs in Awards

Yves Derains, Chairman, ICC Institute of World Business Law; Member, Commission on Arbitration and ADR; Founder, Derains & Gharavi, Paris

Maria Hauser, Counsel, ICC International Court of Arbitration, Paris

Chris Parker, Member, Task Force on Decisions as to Costs; Partner, Herbert Smith Freehills, London

Moderator:

Alexis Mourre President , ICC International Court of Arbitration, Paris

17:00 - 17:30 Concluding remarks

Andrea Carlevaris, Secretary General, ICC International Court of Arbitration; Director of ICC Dispute Resolution Services, Paris

17:30 Cocktail reception

Speakers

Andrea Carlevaris
President, SICANA, Inc.; Secretary General, ICC International Court of Arbitration; Director, ICC Dispute Resolution Services, Paris

Rocío Digón
Managing Director and Counsel, ICC International Court of Arbitration, SICANA, Inc., New York

Laura Doerre
Vice President and General Counsel, Nabors Corporate Services, Inc., Houston

Mark Morril
Independent Arbitrator and Mediator, MorrilADR, New York

Alexis Mourre
President, ICC International Court of Arbitration, Paris

Colm Ó hOisín SC
Member, ICC Task Force on Decisions as to Costs, Bar of Ireland, Dublin

Anne Marie Whitesell
Professor of Law and Director of Programs on International Arbitration and Dispute Resolution, Georgetown University Law Center, Washington, D.C.

David Zaslowksy
Member, Task Force on Decisions as to Costs; Partner, Baker & McKenzie LLP, New York

Logistical Notes and Registration

Date: 1 Dececember 2015 (14-17:30)

Venue

ICC Headquarters
33 Avenue du President Wilson
75116, Paris

Registration

To register visit: Let's talk about costs! Paris

London, 2 December 2015

The second launch event of the ICC Commission Report on

Decisions on Costs in International Arbitration will take place during ICC UK's Annual Arbitration Forum 2015 in London on 2 December.

Programme

08:30 Registration

09:00 Welcome Remarks
- John Fisher , Partner, Head of Disputes, PwC
- Chris Southworth , Director, ICC UK

09:10 Session I: A conversation with John Beechey: The global challenges & opportunities facing international arbitration from an ICC perspective

Speakers:
- John Beechey , Former President, ICC International Court of Arbitration; Chair, Committee for Arbitration and ADR, ICC UK
- Matthew Gearing QC , Partner, Allen & Overy LLP
- Paula Hodges QC , Partner, Head, Global Arbitration Practice, Herbert Smith Freehills LLP
- Moderator: Ania Farren , Special Counsel, International Arbitration Group, K & L Gates

10:15 Session II: PwC's report on damages in awards in international arbitration
- Ermelinda Beqiraj , Partner, PwC

10:30 Coffee break

11:00 Session III: Launch of ICC Commission's Report 'Decisions as to Costs in International Arbitration'

Speakers:
- Louis Flannery , Partner, Stephenson Harwood LLP
- Julian Lew QC , Barrister, 20 Essex Street
- Wendy Miles QC , Partner, Boies, Schiller & Flexner LLP
- Moderator: Christopher Newmark , Chairman, ICC Commission on Arbitration and ADR; Partner, Spenser, Underhill, Newmark LLP

12:00 Session IV: An ideal tribunal: Perspectives from the parties, institutions and arbitrators

Speakers:
- Andrea Carlevaris, Secretary General, ICC International Court of Arbitration
- Matthew Knowles , Director, Litigation Funding, Harbour Litigation Funding
- Alan Redfern , International Arbitrator, One Essex Court
- Michael Young , Partner, Allen & Overy LLP

13:00 Networking lunch

14:00 Close

Speakers

John Beechey , Former President, ICC International Court of Arbitration; Chair, Committee for Arbitration and ADR, ICC UK

Ermelinda Beqiraj , Partner, PwC

Andrea Carlevaris, Secretary General, ICC International Court of Arbitration

Ania Farren , Special Counsel, International Arbitration Group, K & L Gates

John Fisher , Partner, Head of Disputes, PwC

Louis Flannery , Partner, Stephenson Harwood LLP

Matthew Gearing QC , Partner, Allen & Overy LLP

Paula Hodges QC , Partner, Head, Global Arbitration Practice, Herbert Smith Freehills LLP

Matthew Knowles , Director, Litigation Funding, Harbour Litigation Funding

Julian Lew QC , Barrister, 20 Essex Street

Wendy Miles QC , Partner, Boies, Schiller & Flexner LLP

Christopher Newmark , Chairman, ICC Commission on Arbitration and ADR; Partner, Spenser, Underhill, Newmark LLP

Alan Redfern , International Arbitrator, One Essex Court

Chris Southworth, Director, ICC UK

Michael Young, Partner, Allen & Overy LLP

Logistical Notes and Registration

Date: 2 December 2015 (9:00-14:00)

Venue: PwC, Embankment Place, London, WC2N 6RH

Registration

Fees

Non-member rate: £300

Member rate: £220

To register please visit ICC UK

New York, 20 January 2016

This latest ICC Commission Report addresses many aspects relating to decisions on costs in international arbitration with a focus on the following questions:

  • how costs are in practice allocated by arbitral tribunal
  • how decisions as to costs can be used as a case management tool in arbitration proceedings

The Report does not seek to establish rules or guidelines, but provides practical information which will be of assistance to arbitrators, counsel and parties.

Programme

2:00 - 2:30 p.m. Registration

2:30 - 2:40 p.m. Welcome remarks

Alexis Mourre
President, ICC International Court of Arbitration, Paris

2:40 - 3:00 p.m. Introduction to the Report of the ICC Task Force on Decisions on Costs

Colm Ó hOisín SC
Member, ICC Task Force on Decisions as to Costs, Bar of Ireland, Dublin

3:00 - 3:30 p.m. Panel 1 - Costs Allocation Considerations: What Criteria do Arbitral Tribunals Take into Account?

Rocío Digón
Managing Director and Counsel, ICC International Court of Arbitration, SICANA, Inc., New York

David Zaslowksy
Member, Task Force on Decisions as to Costs; Partner, Baker & McKenzie LLP, New York

Moderator :

Alexis Mourre
President, ICC International Court of Arbitration, Paris

3:30 - 3:45 p.m. Coffee break

3:45 - 4:15 p.m. Panel 2 - Costs Decisions: An Effective Case Management Tool for Parties and Tribunals?

Laura Doerre
Vice President and General Counsel, Nabors Industries, Inc. , Houston

Anne Marie Whitesell
Professor of Law and Director of Programs on International Arbitration and Dispute Resolution, Georgetown University Law Center, Washington, D.C.

Mark Morril
Independent Arbitrator and Mediator, MorrilADR, New York

Moderator :

Andrea Carlevaris

President, SICANA, Inc.; Secretary General, ICC International Court of Arbitration; Director, ICC Dispute Resolution Services, Paris

4:15 - 4:30 p.m. Closing remarks

Andrea Carlevaris
President, SICANA, Inc.; Secretary General, ICC International Court of Arbitration; Director, ICC Dispute Resolution Services, Paris

Speakers

Andrea Carlevaris
President, SICANA, Inc.; Secretary General, ICC International Court of Arbitration; Director, ICC Dispute Resolution Services, Paris

Rocío Digón
Managing Director and Counsel, ICC International Court of Arbitration, SICANA, Inc., New York

Laura Doerre
Vice President and General Counsel, Nabors Corporate Services, Inc., Houston

Mark Morril
Independent Arbitrator and Mediator, MorrilADR, New York

Alexis Mourre
President, ICC International Court of Arbitration, Paris

Colm Ó hOisín SC
Member, ICC Task Force on Decisions as to Costs, Bar of Ireland, Dublin

Anne Marie Whitesell
Professor of Law and Director of Programs on International Arbitration and Dispute Resolution, Georgetown University Law Center, Washington, D.C.

David Zaslowksy
Member, Task Force on Decisions as to Costs; Partner, Baker & McKenzie LLP, New York

Logistical Notes and Registration

Venue
Chadbourne & Parke LLP
1301 Avenue of the Americas
New York, NY 10019

Registration

Please note that this launch event is free of charge. Registration is required as space is limited. Please fill out the registration form included on the programme and send to Alexandra Akerly at aay@iccwbo.org

The Report:

Attendees will get one free hard copy of the Report, which is otherwise included in the Bulletin, 2015 issue 2.

The Report can also be downloaded from the Commission's website. Please visit Decisions on Costs in International Arbitration to download your copy.

Shanghai, 3 March 2016

The Asia Launch of the Report on costs will be a half-day conference on the eve of the IBA Arbitration Day. This conference will gather a panel of international arbitration experts to discuss two pertinent issues arising out of the Report:

  • The various considerations that an arbitral tribunal could take into account in making decisions on the allocation of the costs of the arbitration; and
  • The use of costs decisions as a case management tool.

Programme

12.00-12.30 pm Registration

12.30 - 2.30 pm Networking Lunch

2.30 - 2.40 pm Welcome remarks

2.40 - 3.00 pm Introduction to the Report of the ICC Task Force on Decisions on Costs

3.00 - 4.15 pm Panel Discussion 1: Costs Allocation Considerations: What Criteria do Arbitral Tribunals Take into Account?

4.15 - 4.35pm Tea Break

4.35 - 5.50 pm Panel Discussion 2: Costs Decisions: An Effective Case Management Tool for Parties and Tribunals?

5.50 - 6.00pm Closing Remarks

Speakers

Andrea Carlevaris
Secretary General, ICC International Court of Arbitration; Director of ICC Dispute Resolution Services, Paris

Philippe Cavalieros
Co-Chair, ICC Commission on Arbitration and ADR's Task Force on Decisions as to Costs; Partner, Winston & Strawn LLP, Paris

Sapna Jhangiani
Member, Task Force on Decisions as to Costs; Legal Director, Clyde & Co Clasis Singapore Pte Ltd, Singapore

Alexis Mourre
President, ICC International Court of Arbitration, Paris

Arthur Dong

Member, ICC Commission on Arbitration and ADR; Partner, AnJie Law Firm, Beijing

Anne Véronique Schlaepfer
Vice President, ICC International Court of Arbitration; Partner, White & Case LLP, Geneva

Tao Jingzhou
Member, ICC International Court of Arbitration; Partner, Dechert LLP, Beijing

Sylvia Tee
Director, Arbitration and ADR, Asia, ICC Dispute Resolution Services, Singapore

Hélène van Lith
Secretary, ICC Commission on Arbitration and ADR, Paris

Ariel Ye
Partner, King & Wood Mallesons, Beijing / Hong Kong

Yoon Byung-Chol (B.C.)
Member, ICC International Court of Arbitration; Partner, Kim & Chang, Seoul

Logistical Notes and Registration

Date: 3 March 2015 (12:30-6:00pm)

Venue:

The Ritz-Carlton Shanghai, Pudong
Shanghai ifc
8 Century Avenue, Lujiazui, Pudong
Shanghai 200120 China

Registration

Details on how to register will be circulated shortly. Please email ICC Asia at drs@iccasia.com.sg for further information.

Sponsors

Costs - AnJie logo

For more information please visit: Anjie Law Firm

Costs - KIMCHANG

For more information please visit: Kim & Chang

Panama, 17 March 2016

The Latin-America launch of the ICC Commission Report on Costs will take place in Panama City on 17 March during the 2016 ICC PANARB & ALARB Annual Conference .

More information will be available shortly.

Logistical Notes and Registration

More information will be available soon.

Istanbul, 30 March 2016

The ICC Commission Report on Costs will be presented during a breakfast meeting on the second day of the ICC/FIDIC joint conference on International Construction Contracts & Dispute Resolution in Istanbul on 30 March 2016.

More information will be available shortly.

Dubai, 13 April 2016

The ICC Commission on Arbitration and ADR will present its new Report entitled Decisions on costs in international arbitrationn in Dubai on 13 April 2016 during ICC's 4th ICC Conference on International Arbitration in the MENA .

This Report is the Commission's latest initiative to ensure that arbitration continues to be a viable an attractive form of dispute resolution for its users. The Report will create more awareness on how to address and deal with cost issues in arbitral procedures and awards.

Speakers

Andrea Carlevaris (Co-Chair), Secretary General, ICC International Court of Arbitration; Director, ICC Dispute
Resolution Services, Paris

Alexis Mourre (Co-Chair), President, ICC International Court of Arbitration, Paris

Essam Al Tamimi , Partner, Al Tamimi & Company, Dubai; Vice Chairman, ICC Commission on International Arbitration

Philippe Cavalieros , Partner, Winston & Strawn, France; Co-Chair, ICC Task Force on Decisions as to Costs; Member, ICC Institute of World Business Law

Jalal El Ahdab , Partner, Ginestié Magellan Paley-Vincent, France

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

Logistical Notes and Registration

Dates: 13 April 2015

Language: English

Registration

Registration will be open shortly.

Hong Kong , 30 June 2016

The Hong-Kong launch of the ICC Commission Report on Costs will take place on 30 June 2016 during the 2nd ICC Asia Conference on International Arbitration .

More information will be available shortly.