4th ICC European Conference on International Arbitration

14:30-15:00

Welcome Addresses

• Alexis Mourre, President, ICC International Court of Arbitration, Paris
• Alexander G. Fessas, Secretary General, ICC International Court of Arbitration; Director, ICC Dispute Resolution Services, Paris

15:00-15:45

Tariff Wars and Supply Chains: Disputes in the making? Sharing views on Europe at the crosshairs of the latest United States/China trade disputes

 Much has happened since the Trump Administration announced or threatened new tariffs with United States’ trading partners in December 2019 and the first phase of a US-China trade agreement was inked in mid-January 2020. With the globalisation of supply chains, diversified manufacturing, international customer bases and now the COVID-19 pandemic; it is the rule – not the exception – that European companies find themselves in the middle of the Trump Administration’s trade disputes notably with China and this is unlikely to be resolved in the foreseeable future. The strategies implemented by companies to mitigate the impact of increased tariffs on their business – such as moving manufacturing abroad to avoid country of origin rules or importing into free trade zones and bonded facilities – are not only disrupting contractual relationships at all levels of the supply chain - but are now not always possible in the context of the current health situation. This panel will aim to identify the types of disputes which could arise from today’s situation and how they might play out with European parties.

• Emmanuel Jacomy, Partner, Shearman & Sterling LLP, China
• James Mendenhall, Partner, Global Arbitration, Trade and Advocacy, Sidley, Washington D.C., United States
• Maxi Scherer, Professor of Law, Queen Mary University of London; Special Counsel, WilmerHale, United Kingdom

Chaired by:

• Professor Hélène Ruiz-Fabri, Director of the Max Planck Institute for Procedural Law, Luxembourg

15:45-16:00

Discussion

16:00-16:05

Break

16:05-16:50

The European Green Deal and Climate Law: What is the impact on dispute resolution?

The main environmental ambition of the Green Deal is to make the European Union climate neutral by 2050 with circular economy, biodiversity and a zero pollution industry as other remarkable goals and relying on a Sustainable Europe Investment Plan with a key role for the EU budget. This panel will debate on the impact of European 2050 carbon neutrality legislation, other expected revisions of environmental legislation in the post-COVID-19 era and the numerous questions that arise such as: What types of disputes are likely to develop? What is the impact on States’ regulatory action and investor obligations?

• Patrick Baeten, General Counsel, ENGIE, Brazil
• José Manuel Garcia Represa, Partner, Dechert, France
• Frances Lawson, Associate, International Arbitration, Orrick, Switzerland

Chaired by:

• Patrick Thieffry, Independent Arbitrator, France

16:50-17:05

Discussion

17:05-17:15

Concluding Remarks

• Laetitia de Montalivet, Director, Arbitration and ADR, Europe, ICC International Court of Arbitration, Paris
• Ziva Filipic, Managing Counsel, ICC International Court of Arbitration, Paris