41st ICC Institute Annual Conference: Rethinking the Paradigms of International Arbitration

29 Nov 2021, 9:00 am

Please note that Event is on November 29, 2021 9:00am – 6:00pm CET time.

DESCRIPTION

The 41st edition of the ICC Institute Annual Conference will take place on 29 November 2021. This year the theme is “Rethinking the Paradigms of International Arbitration”.

The pandemic forced us into confinement. However, our arbitration work had to continue and thus we discovered working remotely. Through the ingenious use of technology, we realized that all of our constant traveling and face-to-face meetings were in fact not so essential. From our office, and at the height of the pandemic from our own home, we have come to discover that we are more efficient in this new, virtual world. Indeed, the world of arbitration flourishes without the need for the so-called arbitration tourism that made us waste our lives at airports, hotels and exhausting meeting rooms. And whilst we were increasing the efficiency of our work, we were also questioning the very way in which we had been carrying out arbitration proceedings, questioning the very basis of international arbitration. We were Rethinking the Paradigms of International Arbitration.

Who should attend?

  • Practicing lawyers
  • Arbitrators, mediators
  • Corporate counsel
  • Business professionals and academics from around the world

 

Testimonials

The ICC Institute Annual Conference is one of the best-prepared events in the sphere of international arbitration. Along with the indispensable « Dossier » gathering the detailed papers discussed at the meeting and a very useful index of the relevant cases, the Annual Conference has a proud tradition of addressing with rigorousness and technicality the most significant developments in the field as well as the critical issues that international arbitrators and practitioners must face every day.

Kamal Sefrioui
Partner, Head of International Arbitration
Sefrioui Law Firm

PROGRAMME

All times shown are in CET

08.30 Welcome coffee
09.00 Opening Session

Welcome address

  • Eduardo Silva RomeroPartner and co-Chair, International Arbitration Global Practice, Dechert LLP, France; Chairman, ICC Institute of World Business Law

Introduction of the conference

  • Bernardo M. CremadesPartner, B. Cremades y Asociados, Spain; Council Member, ICC Institute of World Business Law
09.20 Discretionary Powers of Arbitrators: Duties and Delimitations

Delimiting the role and powers of arbitrators to promote the efficiency of arbitration proceedings and to control costs.

Discussing the inherent and implied powers of arbitrators, including how to limit any due process paranoia.

Examining whether arbitrators should intervene more frequently regarding procedural aspects of proceedings as opposed to relying on the cooperation of counsel.

  • Catherine Kessedjian, Professor Emerita, Université Panthéon-Assas (Paris II), France
  • Moderated by: Ndanga Kamau, Independent Arbitrator, Ndanga Kamau Law, Kenya/Netherlands; Vice President, ICC International Court of Arbitration
10.05 Q&A
10.20 Coffee break
10.40 Technology and Arbitration: Revisiting the Paradigms of Case Management

Discussing how to reform the paradigms of case management on a practical level considering the increased use of technology (for example, the use of video conferencing to facilitate more interaction between the tribunal and parties at an earlier stage of the proceedings through techniques such as mid-stream conferences and the structuring of proceedings in a way that provides an opportunity to decide key issues at an earlier stage and possibly encourage settlements).

Mining the symbiosis that exists in international arbitration between civil and common law systems, and how this very symbiosis can lead to duplication (e.g., from the request for arbitration to the memorials, the hearing, post-hearing briefs, etc.). Is this duplication and repetition necessary? How can we harness the opportunities that technology offers to minimize this repetition?

  • David W. Rivkin, Partner, International Dispute Resolution Group, Debevoise & Plimpton, United States/United Kingdom
  • Moderated by: Melanie van Leeuwen,Partner, Derains & Gharavi International, France; Vice-Chair, ICC Commission on Arbitration and ADR
11.25 Q&A
11.40 Retiring the Redfern Schedule: Document Production and the Need for New Models

Standard directions for document production withRedfern schedules have turned document production into an overly burdensome and excessive process in many cases.

Discussing possible alternatives and models.

Examining the use of technology to improve the speed and efficiency of document production (for example, the use of predictive coding tools).

  • Gonzalo Stampa, Founding Partner, Stampa Abogados, Spain
  • Kathryn Khamsi, Partner, Three Crowns, France

Moderated by:

  • Erica Stein, Partner, Dechert LLP, Belgium/France
12.25 Q&A
12.40 Lunch
14.00 Introduction of the Afternoon Sessions

  • Eduardo Silva Romero, Partner and co-Chair of International Arbitration Global Practice, Dechert LLP, France; Chairman, ICC Institute of World Business Law
14.05 The Use and Abuse of Factual Witnesses

Discussing the role of witness evidence and when it is useful (or not).

Refocusing the way that we prepare, use and present witness evidence to maximize its value (for example, addressing issues related to influences on witnesses’ memories, examined in the Report of the ICC Task Force on Maximising the Probative Value of Witness Evidence, and difficulties with lengthy witness statements that form part of a party’s written submissions).

Analyzing how best to address the issues that arise with regard to witness testimony given remotely.

  • Christopher Newmark, Partner, Spenser Underhill Newmark LLP, United Kingdom
  • Xavier Favre-Bulle, Partner, Head of Arbitration, Lenz & Staehelin, Switzerland

Moderated by:

  • Jennifer Kirby, Independent Arbitrator, France
14.50 Q&A
15.05 Redefining the Role and Value of Expert Evidence

Discussing new paradigms in the use and presentation of expert evidence to meet the needs of the tribunal, including exploring alternative models.

Discussing whether party-appointed experts are truly independent and when it is appropriate for the tribunal to appoint its own expert.

  • Doug Jones, Independent Arbitrator, Australia/United Kingdom/Canada
  • Moderated by: Sophie Nappert, Independent Arbitrator, 3 Verulam Buildings, United Kingdom
15.50 Q&A
16.05 Coffee break
16.30 Hearings: Remote vs. In-person vs. Hybrid

Discussing the issues that arise in relation to remote hearings and how best to address them.

Examining the role of advocacy and whether effective advocacy differs in remote and in-person hearings.

Exploring ways in which remote and in-person hearings might be improved (for example, should there be limits to cross-examinations? Are there aspects of our experience with remote hearings that might be employed to improve in-person hearings in the future?).

  • Stephanie Cohen, Independent Arbitrator, United States; Chair, Working Group on Information Technology in International Arbitration, ICC Commission on Arbitration & ADR
  • Mouhamed Kebe, Managing Partner, Geni & Kebe, Senegal
  • Jason Chan, SC, Partner, Allen & Gledhill LLP, Singapore

Moderated by:

  • Carita Wallgren-Lindholm, Arbitrator, Lindholm Wallgren, Attorneys Ltd., Finland; Immediate Past Chair, ICC Commission on Arbitration and ADR
17.15 Q&A
17.30 Conclusion

Closing remarks

  • Patricia Peterson, Independent Arbitrator, Peterson//ADR, France; Member, ICC Institute of World Business Law
17.45 Award Ceremony of the 2021 Institute Prize & Cocktail Reception

 

SPEAKERS

Jason Chan, SC Partner, Allen & Gledhill LLP, Singapore
Stephanie Cohen Independent Arbitrator, United States; Chair, Working Group on Information Technology in International Arbitration, ICC Commission on Arbitration & ADR
Bernado M. Cremades Partner, B. Cremades y Asociados, Spain; Council Member, ICC Institute of World Business Law
Xavier Favre-Bulle Partner, Head of Arbitration, Lenz & Staehelin, Switzerland
Doug Jones Independent Arbitrator, Australia/United Kingdom/Canada
Ndanga Kamau Independent Arbitrator, Ndanga Kamau Law, Kenya/Netherlands; Vice President, ICC International Court of Arbitration
Kathryn Khamsi Partner, Three Crowns, France
Mouhamed Kebe Managing Partner, Geni & Kebe, Senegal
Catherine Kessedjian Professor Emerita, Université Panthéon-Assas (Paris II), France
Jennifer Kirby Independent Arbitrator, France
Sophie Nappert Independent Arbitrator, 3 Verulam Buildings, United Kingdom
Christopher Newmark Partner, Spenser Underhill Newmark LLP, United Kingdom
Patricia Peterson Independent Arbitrator, Peterson//ADR, France; Member, ICC Institute of World Business Law
David W. Rivkin Partner, International Dispute Resolution Group, Debevoise & Plimpton, United States/United Kingdom
Eduardo Silva Romero Partner and co-Chair, International Arbitration Global Practice, Dechert LLP, France; Chairman, ICC Institute of World Business Law
Gonzalo Stampa Founding Partner, Stampa Abogados, Spain
Erica Stein Partner, Dechert LLP, Belgium/France
Melanie van Leeuwan Partner, Derains & Gharavi International, France; Vice-Chair, ICC Commission on Arbitration and ADR
Carita Wallgren-Lindholm Arbitrator, Lindholm Wallgren, Attorneys Ltd., Finland; Immediate Past Chair, ICC Commission on Arbitration and ADR

 

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