ICC Institute Masterclass for Arbitrators - New York

S1506 Masterclass button
  • Location: New York, United States
  • Date: 22/02/2016 - 24/02/2016
  • Event Type: Training
  • Language: English

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

Key sponsor and host 

 
 

 S1603_Mayer_Brown_NV

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 .

Monday 22 February 2016

Registration and welcome breakfast 08.00-9.00

MORNING SESSIONS 9.00-12.30

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
This session will feature short mock cases designed to hone participants' understanding of critical theoretical concepts while also emphasizing many practical aspects involved in the appointment of arbitrators: "In such a case, what would you do?"

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 behavior 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

12.30 - 14.15 Lunch

AFTERNOON 14.15-17.45

Conduct of the 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 lecturer will share his 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

Tuesday 23 February 2016

Breakfast 08.00-9.00

MORNING SESSIONS 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 behavior 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

12.30 - 14.15 Lunch

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 a draft award 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.

Wednesday 24 February 2016

Breakfast 08.00-09.00

MORNING SESSIONS 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 a learned practioner 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 endeavors, 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. The practitioner will present the general characteristics of the emergency arbitrator provisions and share his experience.

Questions and Answers

Concluding remarks

Speakers

Chair:

Yves Derains, Founding Partner, Derains & Gharavi, France; Chairman, Institute World of Business Law, Paris; Former Secretary General, ICC International Court of Arbitration, Paris.

Speakers:

Mark Beckett, Partner, Chadbourne & Parke LLP, New York, United States

George Bermann, Jean Monnet Professor of EU Law, Walter Gellhorn Professor of Law; Director, Center for International Commercial and Investment Arbitration, Columbia Law School, New York, United States

Rocio Digon, Managing Director, SICANA, INC. / International Court of Arbitration, New York

José Ricardo Feris , Deputy Secretary General, ICC International Court of Arbitration, Paris

Mark Friedman, Partner, Debevoise & Plimpton LLP, New York, United States; Vice-President, ICC International Court of Arbitration

Horacio Grigera Naón , International Arbitrator, Washington D.C, United States; Director of the Center on International Commercial Arbitration, Washington College of Law, Washington D.C, United States; Former Secretary General of the ICC International Court of Arbitration; Council Member, ICC Institute of World Business Law

B. Ted Howes , Partner, Mayer Brown, New York, United States

Benno Kimmelman, Partner, Sidley Austin LLP, New York, United States

Wendy Miles QC, Partner, Boies, Schiller & Flexner LLP, London, United Kingdom; Vice-President, ICC International Court of Arbitration

Sophie Nappert , Arbitrator, 3 Verulam Buildings, United Kingdom; Solicitor of the Supreme Court of England and Wales, United Kingdom

Eric A. Schwartz , Partner, King & Spalding LLP, New York, United States; Former Vice-President and Secretary General, ICC International Court of Arbitration; Vice-Chair, ICC Institute of World Business Law

Anne-Marie Whitesell, Professor and Faculty Director, Program on International Arbitration and Dispute Resolution, Georgetown University Law Center, Washington DC, United States; Former Secretary general, ICC International Court of Arbitration

Registration fees

The registration fee includes all conference documentation, coffee breaks and lunches. Travel and hotel expenses are not included.

Early bird rate until 22 January 2016: $1499

After 22 January 2016:
ICC members: $1712
Non-members: $2140

Special discounts

  • ICC Members may benefit from an extra 5% discount. Please contact your local NC to obtain your discount code.

Dates and venue

Dates
Monday 22 February - Wednesday 24 February 2016

Venue

Mayer Brown LLP

1221 Avenue of the Americas

New York, NY 10020-1001

Travel and accommodation

Participants are responsible for making their own travel arrangements and hotel reservations.

A list of hotels in New York with preferential room rates and the reservation procedure, will be sent to you once your application has been accepted.

We are only able to dispatch visa invitation letters to support your visa application once we have received 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 an accredited CPD provider by the Bar Standards Board of England and Wales . French bars: This training has been sent for CNB approval. Lawyers practising in France may apply for the reimbursement of this course before the FIFPL (Fonds Interprofessionnel de Formation des Professionnels Libéraux), subject to terms and conditions.
Continuing legal education: organization registered in France under n° 11 75 40892 75.

Cancellation policy

50% of the registration fee will be refunded if notice of cancellation is received in writing before Friday 22 January 2016. 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.

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.

This event 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 Luz Rodriguez .

Event registration fees

Early Bird rate until 22 January 2016 $1499

ICC Member rate $1712

Non-member rate $2140

Hours and credits

  • CLE credits19,5

  • MCLE credits16

  • CPD hours16

  • CNB hours16