8th ICC MENA Conference on International Arbitration

16-17 Feb 2020

Dubai English CLE/MCLE/CLPD credits/hours available
Early bird until 10 January 2020

This annual conference is a “must attend” for arbitration professionals who want to keep up to date on the latest arbitration developments in the MENA region. 

Taking place on 17 February 2020, this conference will offer a line-up of top-class speakers, topical discussions and relevant news, but also an excellent opportunity to network.

The ICC Institute Advanced Level Training “Catch me if (and while) you can: How to navigate interim measures in International Arbitration Amicable Settlement of disputes” will take place on 16 February 2020.

 Who should attend?

  • Practising lawyers
  • Corporate counsel
  • Arbitrators
  • Mediators
  • Judges
  • Business professionals and academics coming from or doing business in the MENA region
Training – Sunday 16 February
Conference – Monday 17 February

ICC Institute Advanced Level Training “Catch me if (and while) you can: How to Navigate Interim Measures in International Arbitration” 

08.30 – 09.00 Welcome coffee 
09.00 – 09.15 Welcoming address, presentation of the ICC Institute, introduction and presentation of the mock cases
09.15 – 10.00

Strategic considerations and procedures: When, how and to whom to request interim measures?

  • Concept: must be temporary
  • Powers of the ICC arbitral tribunals
  • Role of the lex arbitri
  • When can/should request for interim measures be made?
  • To whom can/should interim measures be requested: emergency arbitrator, arbitral tribunal, national courts (concurrent jurisdiction)
  • ICC procedure and statistics: Art. 28 ICC Rules
  • Specific measures: security for costs, escrow accounts, stop payment orders relating to first demand back guarantees, and counter-guarantees
10.00 – 10.45 Mock Case 
10.45– 11.00 Coffee break 
11.00 – 11.45

Practical considerations: The counsel’s perspective

  • Burden of proof
  • Types of measures that can be requested: a very broad range, but with limitations
  • Ex-parte requests
  • Discovery requests before national courts in aid of international arbitration (e.g., 28 USC 1782 requests)
  • Most common defenses against requests for interim measures
11.45 – 12.30 Mock Case 
12.30 – 14.00 Lunch 
14.00 – 14.45

Practical considerations: The arbitrator’s perspective

  • Asymmetric information with the parties (especially at the outset of the case)
  • Urgency and due process (can an arbitrator award ex parte measures?)
  • Risks: prejudgment, awarding or denying measures may have a permanent effect or (e.g., where one of the parties risks liquidation, where assets may disappear, etc.)
  • Can/should arbitrators take a more active role (e.g., escrow accounts managed by tribunals; order counter-security)
14.45 – 15.30 Q&A 
15.30 – 15.45 Coffee break 
15.45 – 16.30

Compliance, enforcement and other issues arising after interim measures are ordered/awarded

  • “Order” v. “Award” of interim measures
  • Enforcement considerations: what can the parties do?
  • What can arbitrators do faced with a party’s refusal to comply with interim measures?
  • Relevance of civil v. common law jurisdictions
16.30 – 17.15 Q&A 
17.15 – 17.30 Concluding remarks

8th ICC MENA Conference on International Arbitration 

Time: 08:30-09:00

Registration

Time: 09:00-09:10

Welcome address

 

09:10 – 09:25

Keynote address

09:45 10:45

Recent developments and best practices in construction arbitration in the MENA

Recent political and resulting economic challenges in the region have increased the volatility of the construction sector. Consequently, the number and complexity of disputes in this sector is increasing and is further compounded by significant cases of restructuring and bankruptcy. On this first panel, eminent speakers will address topical issues resulting from the evolution and the growing sophistication of the construction dispute resolution sector in the region, including:

-Claims management – users’ and arbitrators’ perspectives on best practices on termination, works suspension and taking over certificates

-Conditions Precedent under FIDIC: How sacred are they in the Middle East?

-The insurance angle: Design exclusions, LEG exclusions and issues of limitation etc.

-Performance bonds in construction contracts (conditional or an unconditional “on - demand” bond)

-The role of third-party funding in the Middle East

10:45 11:15

Discussion

11:15 – 11:35

Coffee Break

11:35 12:35

A civil/common law judicial roundtable on the review and enforcement of arbitral awards

This roundtable will feature eminent judges form various MENA jurisdictions (Dubai Courts, DIFC Courts, Abu Dhabi Courts, ADGM, Bahrain, Lebanon and Egypt) who will share with the audience insightful updates around the major recent developments in international arbitration in their respective jurisdictions. During this round table the following topical issues will be covered:  

-Res judicata

-Awarding interest awards

-Enforcement of interim measures

-Annulment and enforcement of awards

-The case law of Dubai-DIFC Joint Judicial Tribunal

12:35 13:00

Discussion

13:00 – 14:30

Lunch

14:30-15:15

Arbitrating M&A disputes in the MENA

This first afternoon panel will discuss the efficiency of the existing approaches in addressing the substantive and procedural issues frequently encountered in MENA seated arbitrations, and possible new solutions. It will explore different areas of M&A disputes including:

-Post-closing and purchase price adjustment disputes: expert determination vs arbitration, interim measures/parallel proceedings; locked-box mechanism, net asset price adjustment vs earn-out price adjustment as an earnings based price adjustment mechanism;

-Indemnity disputes : Time bar and other recurring questions in indemnity claims

-Breach of warranty: The lack of standardized set of representations and warranties

15:15 15:45

Discussion

15:45 – 16:15

Coffee Break

16:15 – 17:00

A different way of resolving complex disputes in MENA: the use of ADR mechanisms

In this closing session, a distinguished panel of arbitrators, mediators, dispute board members, users of ADR services, as well as a representative of the ICC International Centre for ADR will share their experience and insights on the use of ADR in resolving complex commercial and infrastructure disputes in the MENA region, around the following topics: 

-The importance of multi-tiered dispute resolution clauses:

  • How to draft efficient multi-tiered clauses and avoid having pathological clauses
  • Non-complying with pre-arbitral steps: how does the ICC Court and arbitrators deal with objections?

-Mediation and Conciliation help the parties settling or better understanding complex disputes:

  • Multi-contract and multiparty cases: dealing with the complexity of the relations between the parties

-Expertise and Dispute Boards are useful tools for preventing and resolving construction disputes:

  • The preventive and decision-making role of standing Dispute Boards in construction projects
  • The use of Experts in construction projects

17:00 – 17:30

Discussion

17:30 – 18:00

Closing Speech

18:00 – 18:15

Concluding remarks

18:30    

Cocktail Reception       

Training speakers

Habib Al Mulla

Partner, Baker & McKenzie Habib Al Mulla, Dubai, United Arab Emirates

Akram Abu El-Huda (MCIArb)

General Counsel & Director of Compliance, CICON, Abu Dhabi, United Arab Emirates

Sara Koleilat-Aranjo

Senior Associate, Al Tamimi & Company, Dubai, United Arab Emirates

Luka Kristovic Blazevic

Partner, White & Case LLP, Saudi Arabia

Carmen Nunez-Lagos

Founding Partner & International Arbitrator, Nunez-Lagos Arbitration, France; Council Member, ICC Institute of World Business Law

Asli Yilmaz

Counsel, ICC International Court of Arbitration, Paris

Conference speakers

Georges Affaki

Partner, Avocat à la Cour, AFFAKI, France; Council Member, ICC Institute of World Business Law

Hassan Arab

Partner, Dispute Resolution, Al Tamimi & Co, Dubai, United Arab Emirates; Member of the Steering Committee, President of the ICC UAE Arbitration Commission

Yasemin Cetinel

Founding Partner, Cetinel Law Firm, Turkey

Zalfa El Hassan

President, Civil Court of Beirut, Lebanon

Ziva Filipic

Managing Counsel, ICC International Court of Arbitration, Paris

Richard Harding QC

Barrister and Arbitrator, Keating Chambers, United Kingdom

Sami Houerbi

Director for Eastern Mediterranean, Middle East & Africa, ICC International Court of Arbitration, Abu Dhabi/Tunis

Dany Khayat

Partner, Head of Litigation & International Arbitration, Mayer Brown, France

Alya Ladjimi

Manager, ICC International Centre for ADR, Paris

Pierrick Le Goff

Partner, De Gaulle Fleurance & Associés, France; Affiliate Professor, Sciences Po Law School, Paris

Alexis Mourre

President, ICC International Court of Arbitration, Paris

Nabil Omran

Deputy Chief Justice, Court of Cassation, Egypt

Lindy Patterson QC

Arbitrator and Adjudicator, 39 Essex Chambers, , United Kingdom

Nada Sader

Partner, Derains & Gharavi International, Lebanon

Marwan Sakr

Member of the Beirut and Paris Bars admitted before the DIFC Courts, Chartered Arbitrator, Partner, SAAS Lawyers, Lebanon

George Traub

Managing Partner, Lumina Capital Advisers, Dubai, United Arab Emirates

Karim A. Youssef

Managing Partner, Head of International Arbitration, Youssef & Partners, Egypt



Venue

Park Hyatt Hotel, Dubai Creek Club, Dubai, United Arab Emirates

Registration fees

8th ICC MENA Conference only (17 February 2020)

Early bird until 10 January 2020: €489
ICC Members: €569.60 (To benefit from the ICC Member rate please contact your National Committee to get the discount code)
Non-members: €712

ICC Institute Training only (16 February 2020)

Early-bird until 10 January 2020: €515
ICC Members: €599.20 (To benefit from the ICC Member rate please contact your National Committee to get the discount code)
Non-members: €749

Discount package: ICC Institute Training (16 February 2020) and 8th ICC MENA Conference (17 February 2020)

Early-bird until 10 January 2020: €836
ICC Members: €973.60 (To benefit from the ICC Member rate please contact your National Committee to get the discount code)
Non-members: €1217

*5% VAT will be applied.

Special discounts

Group rates: Register 5 persons from the same company and pay for four.

In-house Counsel, full time Academics and Government representatives may benefit from a 30% discount.

Please contact us for more details.

ICC Members: please contact your National Committee to receive the discount code to access the member rate (20% reduction).

Travel and accommodation

Travel and hotel expenses are not included in the registration fees. Participants are responsible for making their own travel arrangements and hotel reservations.

ICC UAE has however secured a room block at the Park Hyatt hotel with preferential rates. A link will be sent upon registration allowing participants to make their reservations directly.

Visa

Visa applications for entry into the UAE can take several weeks to process. If travellers from your country of citizenship require a visa to enter the UAE we highly recommend that you begin the visa application process well in advance.

Working languages

English

Credits and hours

ICC Training and Conferences is eligible for CLE credit under New York ‘s approved jurisdiction procedures and is a State Bar of California approved MCLE provider and is an accredited CPD provider by the Bar Standards Board of England and Wales. CLPD points from the State Bar of Dubai will be applied for in due course.

Cancellation policy

50% of the registration fees will be refunded if notice of cancellation is received in writing before Friday 17 January 2020. Cancellations after this date are not refundable. Updated registration information will be required. Please be informed that any formation of cancellation will incur a cancellation fee of €5 + 2.75% of the registration fee which must be covered by the participant. Please note that ICC UAE 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 UAE will not, however, be held responsible for any related expenses 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.

Sponsoring this event is an excellent opportunity for your firm to connect with the ICC network and raise brand awareness in the MENA region.

For more information on our sponsorship package, please click here and contact us via email.

For further information about the event, please contact:

Organizing team

Sponsorship team

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