8th ICC India Conference on International Arbitration

08.30 - 09.00    

Registration and welcome coffee

09.00 – 09.05

Welcoming address

09.05 – 09.15

Introduction and presentation of the ICC Institute of World Business Law

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 arbitriator
  • 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 bank guarantees, and counter-guarantees

10.00 – 10.30

Q&A

10.30 – 11.15

Mock Case

11.15 – 11.30

Coffee break

11.30 – 12.15

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

12.15 – 12.30

Q&A

12.30 - 14.00

Lunch

14.00 – 14.45

Mock Case

14.45 – 15.30

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 (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)

15.30 – 15.50

Q&A

15.50 – 16.15

Coffee break

16.15 – 17.00

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.

17:00 – 17:20

Q&A

17:20 – 17.30

Concluding remarks

10:00 – 11.00

Registration and morning coffee

11.00 – 11.20

Welcome address and opening remark

11.20 – 12.20

Session 1 - Shifting winds: Risk management and economic strategies for India's businesses amid geopolitical haze

With constant shift in global political alliances and economic power balances, Indian businesses find themselves navigating an increasingly complex operating environment. As a result, disputes arising from cross-border investments, long-term infrastructure projects and technology collaborations have grown more nuanced and more strategically consequential. This chat will explore how Indian corporates can build resilience as the ground beneath global commerce continues to move.

Panellists will discuss how commercial strategy, risk allocation, and dispute resolution frameworks must adapt to the realities of friend-shoring, protectionist trade policies, sanctions exposure, and increasing regulatory unpredictability.

12.20 – 13.00     

In focus: Revamping the ICC Arbitration Rules - towards enhanced clarity and efficiency

Work is underway to revise the ICC Rules of Arbitration. This session will provide a preview of the ICC Arbitration Rules revision process, highlighting key changes and the reasoning behind them.

13.00 – 14.00

Networking lunch         

14.00 – 15.15

Session 2 - Is silence golden? Pitfalls and practical insights of arbitration involving defaulting parties

Defaulting parties pose one of the most persistent practical challenges in arbitration. Whether through non-appearance, refusal to participate, tactical silence or partial engagement. Such conduct tests the tribunal’s ability to balance procedural fairness with efficiency and exposes the final award to enforcement risk if not handled with care. This session will shed light on how arbitrations can and should proceed in such cases, from the practitioners’ and arbitrators’ perspective, without compromising due process or enforceability.

15.15 – 15.45

Coffee Break

15.45 – 16.45

Session 3: Oxford-style debate: Two steps forward, one step sideways: can India’s arbitration modernization co-exist with the continuing uncertainty under the BCI rules?

India’s arbitration ecosystem stands at a pivotal moment. On one hand, the recent and proposed amendments to the Arbitration and Conciliation Act reaffirm the country’s commitment to modernising its dispute resolution architecture strengthening institutional arbitration, enhancing transparency, and aligning practice with global best standards. On the other hand, the Bar Council of India’s evolving rules on the entry and practice of foreign lawyers and foreign law firms have created a parallel track. Some may view this as a pragmatic opening and others as a revolving door that risks regulatory ambiguity.

16.45 – 16.50     

Closing remarks

17.00 – 18.30

Cocktail reception