14th ICC MENA Conference on International Arbitration

8.30 - 9.00

Registration and welcome coffee

09.00– 09.10

Welcome address, introduction and presentation of the training

• Delphine Ho, Independent Arbitrator, The Arbitration Chambers, Singapore; Member,ICC Institute of World Business Law

09.10 – 09.40

Complex arbitration: What this means in terms of procedure?

Businesses today are more complex than ever, often involving multiple parties, different but related contracts, and cross-jurisdictional considerations. When a dispute arises, parties are faced with different choices as to which arbitration agreements to invoke, who to involve as parties to a prospective arbitration, and whether a non-signatory to the arbitration agreement should be brought into the arbitration. This session will discuss the particular issues that arise in arbitrations involving multiple contracts and multiple parties, and the tools available for managing disputes with claims, cross-claims and counterclaims in a streamlined and cost-efficient manner.

• Delphine Ho, Independent Arbitrator, The Arbitration Chambers, Singapore; Member,ICC Institute of World Business Law
• Małgorzata Surdek-Janicka, Arbitrator, SURDEK Arbitration, Poland; Vice-President, ICC International Court of Arbitration

09.40 – 10.00

Q&A

10.00 – 10.30

Consolidation & joinder under the ICC Rules

Institutional arbitration rules have been particularly innovative when addressing the unique challenges raised in disputes involving multiple parties and multiple contracts. The ICC first  introduced joinder and consolidation provisions into the ICC Arbitration Rules in 2012. These provisions were enhanced in the 2021 ICC Arbitration Rules, in order to address rising demand effective management of complex and sophisticated international disputes involving multiple parties and contracts. Representatives from the ICC Court will share their insights on how the ICC Court assesses applications for consolidation and joinder under the ICC Arbitration Rules and highlight considerations for parties when deciding whether to make such applications to the ICC Court. 

• Sara Koleilat-Aranjo,Partner, Arbitration and Disputes Leader for Middle East & Africa, Morgan, Lewis & Bockius LLP; Member, ICC International Court of Arbitra

10.30 – 10.40

Q&A

10.40 – 11.10

Coffee break

11.10 – 11.20

Introduction of case scenario

• Delphine Ho, Independent Arbitrator, The Arbitration Chambers, Singapore; Member, ICC Institute of World Business Law

11.20 – 12.20

Working Groups discussing case scenario

• All speakers

12.20 – 13.50

Lunch

13.50 – 14.20

Parallel proceedings

When the same dispute, or closely related disputes, are pursued in different fora (such as separate arbitrations, or in court and in arbitration), it raises the risk of conflicting decisions and can consequently impact the success of any enforcement proceedings.

This session considers the problems posed by parallel proceedings, what can be done to mitigate or avoid the problems that can arise. 

• Jane Davies Evans KC, Barrister, 3 Verulam Buildings, United Kingdom
• Mireille Taok, International Arbitrator, Taok ADR, United Arab Emirates; Visiting Professor, Poitiers University, France

14.20 – 14.30

Q&A

14.30 – 14.50

Res judicata in international arbitration

A tribunal’s decision on whether, and the extent, it is bound by an earlier decision or finding of another tribunal or court can have a significant impact on the outcome of the arbitration.

This session explores the applicability of res judicata in international arbitration and the emerging trends in res judicata standards.

• Bernard Hanotiau, Founding Partner, Hanotiau Tossens Goldman, Belgium

14.50 – 15.00

Q&A

15.00 – 15.20

Constituting a tribunal in a complex arbitration

Tribunal selection is frequently described as the most important step in the arbitration process.

This session explores the process of selecting a tribunal in a complex arbitration, and the strategies that may be adopted to facilitate an effective resolution of the dispute.

• Kamal Sefrioui, Partner, Sefrioui Law Firm, France 

15.20 – 15.30

Q&A

15.30 – 16.00

Coffee break

16.00 – 17.20

Working Groups discussing case scenario

• All speakers

17.20 – 17.30

Concluding Remarks

• Delphine Ho, Independent Arbitrator, The Arbitration Chambers, Singapore; Member, ICC Institute of World Business Law 

08.15 – 09.15

Registration and welcome coffee

09.15 – 09.35

Welcome addresses

09.35 – 10.20

Inside the latest ICC highlights: a MENA-focused overview with ICC leadership

This overview offers key updates and insights from ICC’s Dispute Resolution Services and the ICC Court, highlighting recent developments and initiatives that enhance arbitration practices and services in the MENA region

10.20 – 10.50

Coffee break

10.50 – 11.50

Session 1: Courts and arbitration in the Middle East, a recalibration

This panel will explore the role of national courts in arbitration across the Middle East, with a focus on Egypt, Saudi Arabia, the UAE, and Morocco. This session will explore into three core legal developments from recent case law that have shaped the arbitration landscape in the region. Topics may include:

Judicial intervention in arbitral proceedings – evolving thresholds for court involvement.

Enforcement of foreign arbitral awards – trends in recognition and resistance.

Public policy exceptions – how courts are interpreting and applying them.

11.50 – 12.10

Discussion

12.10 – 13.30

Lunch

13.30 – 14.30

Session 2: The investment equation in MENA, states, SOEs, and investors in a changing risk climate

With treaty practice evolving and large public programs advancing, state related commercial arbitration and investor state exposure continue to test counsel. This panel addresses state and SOE contracts and arbitrations that arise thereof, stabilization and change in law clauses, sovereign immunity and execution, transparency expectations, settlement dynamics.

Special Focus: the panel will also examine the growing India–GCC economic corridor, where rising Indian investment, particularly in the UAE, Saudi Arabia, and Qatar, is generating novel arbitration scenarios. With bilateral trade exceeding $178 billion and legal frameworks evolving, this dynamic presents new opportunities for dispute resolution involving state interests and cross-border contracts.

14.30 – 14.50

Discussion

14.50 – 15.50

Session 3: Pricing volatility and risk allocation in commercial contracts

This session explores the impact of pricing shocks and inflation on commercial contracts across various sectors, with a focus on the use of inflation clauses and risk-sharing mechanisms. Drawing on recent disputes and evolving contract practices in the MENA region, the discussion will offer practical insights into how parties are adapting to economic volatility and safeguarding contractual stability.

15.50 – 16.10

Discussion

16.10 – 16.40

Coffee break

16.40 – 17.50

Session 4: Awarding costs: pitfalls and best practices in Drafting costs decisions

Many awards struggle to articulate a clear and thorough approach for reaching decisions on costs by contrast to decisions on jurisdiction, liability and damages. What are the most common pitfalls that should be avoided and what best practices should be considered to write better reasoned and more predictable cost allocation decisions?

This two-part panel will start with a live mock session of the ICC Court scrutinizing a draft final award on costs. Following the mock session, panelists will discuss modern practices, emerging trends and an array of approaches to improve cost allocation decisions in international arbitration.

17.50 – 18.00

Closing remarks

18.00 – 20.00

Cocktail reception