9th ICC Africa Conference on International Arbitration

08.00-09.00 

Welcome coffee and registration 

09.00 – 09.15 

Welcoming address, introduction and presentation of the training  

• Adeyemi Agbelusi, Principal Partner, Berean Associates, Nigeria
• Luisa Cetina, Director, Anjarwalla & Khanna LLP, Kenya
• Patricia Peterson, Independent Arbitrator, Peterson//ADR, France; Member, ICC Institute of World Business Law

09.15 – 10.10 

Evolution in attitudes towards settlement facilitation in international arbitration

While arbitrators in some jurisdictions are accustomed to being proactive in facilitating settlements, the traditional viewpoint in most jurisdictions has been that the role of the arbitral tribunal is to decide the case in an enforceable award. In the context of the long-standing debate on techniques to save time and costs in arbitration, this traditional view has changed in recent years. The Report on Facilitating Settlement in International Arbitration, published by the ICC Commission on Arbitration and ADR in 2023, is a milestone in this development. The potential impact of this report, as well as other recent studies, will be examined by this panel. Panellists will also consider relevant provisions in arbitration laws and rules that may have an impact on arbitral practice in this area, and the search for transnational standards. 

• Patricia Peterson, Independent Arbitrator, Peterson//ADR, France; Member, ICC Institute of World Business Law

10.10-10.30 

Q&A 

10.30-10.45 

Coffee break

10.45 – 11.30 

Case Management Techniques with a Potential Indirect Effect on Settlement 

This panel addresses the utility of accepted case management techniques and arbitration procedures that may have an indirect effect on the willingness of parties to settle their dispute or parts of it. Examples of such techniques are a proactive first case management conference, bifurcation, mid-arbitration reviews, dispositive motions, or sealed offers. The focus of the panel debate will be on the arbitrator staying within his or her role of resolving a dispute by rendering a binding decision and not adopting the role of a settlement facilitator or mediator. 

• Adeyemi Agbelusi, Principal Partner, Berean Associates, Nigeria
• Sana Belaid, Arbitrator & Mediator, Belaid Advisory, United Arab Emirates

11.30 – 12.30

Q&A and case scenarios 

12.30 – 14.00

Lunch 

14.00 – 14.45 

Arbitrator Techniques for the Direct Facilitation of Settlement 

Whether and, if so, to what extent arbitrators are entitled to facilitate settlement is still a controversial issue and one in relation to which regional differences still exists today. This panel will discuss the full array of available techniques, from raising the settlement option at the first case management conference, the use of mediation windows to the presentation of preliminary views and the conduct of settlement conferences by the arbitral tribunal and other techniques. The impact of failed settlement negotiations on arbitral proceedings will also be discussed.

14.45 – 15.45

Simulation of a settlement conference and Q&A 

15.45 – 16.05 

Coffee break 

16.05 – 16.50 

Drafting consent awards: The practice of the ICC Court

Pursuant to Art. 33 of the ICC Arbitration Rules, a settlement agreement concluded by the parties during the arbitration shall be recorded in an award by consent, if so requested by the parties and if the tribunal agrees to do so. This Panel will discuss the tribunal’s powers with respect to such awards, practical aspects related to the drafting of consent awards from the perspective of the arbitrator and the ICC Court, as well as public policy and enforcement issues. 

• Colleen Parker Bacquet, Counsel, ICC International Court of Arbitration, Paris 

16.50 – 17.50 

Q&A and case scenarios 

17.50 – 18.00 

Closing remarks 

• Adeyemi Agbelusi, Principal Partner, Berean Associates, Nigeria
• Aisha Abdallah, Partner, Head of Dispute Resolution, Anjarwalla & Khanna LLP, Kenya
• Patricia Peterson, Independent Arbitrator, Peterson//ADR, France; Member, ICC Institute of World Business Law

Wednesday 28 May 2025

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18.00 – 20.00

Welcome cocktail

Thursday 29 May 2025 – Day 1 

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08.00 – 09.00

Registration and welcome coffee

09.00 – 10:15

Opening ceremony

10.25 – 10.55

Coffee break and networking

10.55 – 11.45

Fireside Chat with ICC Court President and Kenyan business leader

11.45 – 12.35

ESG in Arbitration: Procedural consideration and arbitrating ESG related claims on the continent

12.35 – 14.00

Lunch

14.30 – 15.20 

Parallel sessions:

1.Security for Costs: Unique circumstances that a party can be granted security for costs.

2. Crafting efficient conflict management policies for African companies

15.20 – 16:00

Coffee break and networking

16.00 – 16:50

Positive steps towards increased integrity of international arbitration on the continent

16.50– 17.40

Third-party funding in international arbitration: Scope of use in African disputes

17.40 – 17.50

Closing remarks

19.00 – 21.00

Gala dinner

Friday 30 May 2025 – Day 2 

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08.00 – 08.30

Registration and welcome coffee

09.00 – 09.50

AI in African arbitration: Friend, foe or future? 

09.50 – 10.40

Demystifying the damages assessment in international arbitration

10.40 – 11.00

Coffee break and networking

11.00 – 11:50

Local court intervention in substantive arbitral awards and awards on costs

11.50 – 12:40

Oxford style debate on arbitrator bias and challenges

12.40 – 13:30

ICC Mock Court session: Complex arbitration scenarios

13.30 – 13.40

Vote of thanks

13.35 – 14.30

Lunch

15.30 – 18.30

ICC YAAF Session (Free of charge, however separate registration is required. Registration will open soon)