ICC Institute Advanced Level Training: Drafting Enforceable Awards

24 Oct 2019

Abu Dhabi English

During the first part, participants will receive first-hand guidelines and knowledge on best practices and how to improve the quality of the award to properly reflect the reasons behind the arbitral decision, identifying how much "reasoning" is necessary to render a fully convincing award and secure its enforceability.

They will also explore the influence of legal systems and traditions on drafting techniques

During the second part, a working group session will be held where participants will be given the opportunity to study a draft award in the conditions in which a draft award would be reviewed by the Secretariat before scrutiny by the ICC Court.

The working group session will be followed by a mock Court session on the scrutiny of the award by the ICC Court to give participants an insight on the type of discussions that are held between members of the ICC Court and representatives of the Secretariat when reviewing a draft award. The parties to this mock court session will debate on the draft award reviewed by the working groups. 

Who should attend?

  • Practising Lawyer
  • Corporate Counsel
  • Arbitrators
  • Mediators
  • Business professionals and academics coming from or doing business in the region

09:00-09:15

Welcoming address, introduction and presentation of the ICC Institute of World Business Law

  •  Mohamed S.AbdelWahab
  •  Sami Houerbi 

09:15-10:00

Drafting an arbitral award: which drafting style?

Participants will receive first-hand guidelines and knowledge on best practices pertaining to award legal drafting styles. How legal systems and traditions can influence drafting techniques, the different approaches in civil and common law. How to improve the quality of the award, by getting away from the “copy and paste” drafting style, to properly reflect the reasons behind the arbitral decision, identifying how much “reasoning” is necessary to render a fully convincing award and secure its enforceability.

  •  Mohamed S.AbdelWahab
  •  Nagla Nassar  

10:00-10:30

Discussion

10:30-11:00

Coffee Break

11:00-12:00

Drafting an arbitral award: spotlight on specific issues

 This session will focus on particular sections of the award which often present difficulties and challenges:

 (1) Jurisdiction and applicable law

(2) Damages

(3) Auxiliary remedies: interest and costs 

  • Nadine Debbas Achkar
  • Jonathan H. Sutcliffe
  • Soraya Corm -Bakhos 

12:00-12:30

Discussion

12:30-14:15

Lunch

14:15-14:45

Introduction to scrutiny of the award by the ICC International Court of Arbitration (ICC Court)

 Participants will gain a deeper insight into a distinctive feature of ICC arbitration: the ICC Court’s scrutiny of all draft awards. Counsel Asli Yilmaz will share her expertise on the ICC Court scrutiny process, the different levels of review, the assistance and tools provided by the Secretariat of the Court, such as the “ICC Award Checklist”, to help arbitral tribunals, although respecting their liberty of decision, draft more legally effective awards.

  •  Asli Yilmaz

14:45-15:00

Discussion

15:00-16:15

Working groups: draft award review before scrutiny by the ICC Court

Participants will be given the opportunity to study a draft award, in the conditions in which a draft award would be reviewed before scrutiny by the ICC Court. Each working group will be responsible for reviewing the draft award and will make its comments as if they were Counsel of the Secretariat of the ICC Court.

  • Asli Yilmaz
  • Sana Belaid
  • Sami Houerbi

16:15-16:45

Coffee Break

Time: 16:45-17:30

Mock Court session: scrutiny of the award by the ICC Court and debate

This is an opportunity for participants to witness the type of discussions that are held between members of the ICC Court and representatives of the Secretariat when reviewing a draft award. The parties to this mock court session will debate on the draft award reviewed by the working groups.

  • Mohamed S. Abdelwaheb
  • Asli Yilamz
  • Sana Belaid

17:30-17:45

Concluding remarks

  • Hassan Arab
  • Dania Fahs

Mohamed S. AbdelWahab

Founding Partner and Head of International Arbitration, Zulficar & Partners, Cairo

Chair of Private International Law, Cairo University, Cairo

Vice-President, ICC International Court of Arbitration

Nadine Debbas Achkar

Attorney & Arbitrator -Visiting Professor, NYU AD, AUB, ESA, Beirut

Hassan Arab

Chair, ICC UAE Commission on Arbitration & ADR, Dubai

Regional Head of Dispute Resolution, Al Tamimi & Co, Dubai

Soraya Corm -Bakhos 

Counsel, International Commercial Arbitration, DWF (Middle East), Dubai

Sana Belaid

Senior Counsel for the Middle-East and Africa, Cisco, Dubai

Independent Arbitrator, Dubai

Dania Fahs

Deputy Director, ICC Middle East and North Africa, Abu Dhabi

Sami Houerbi 

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

Nagla Nassar  

Arbitrator & Senior Partner, Nassar Law, Cairo

Jonathan H. Sutcliffe

Partner, K&L Gates LLP, Dubai

Asli Yilmaz

Counsel, ICC International Court of Arbitration, , Paris

Venue:

Abu Dhabi Global Market Arbitration Centre

Al Maqam Tower, Level 20

Al Maryah Island

Abu Dhabi Global Market Square, Abu Dhabi


For more information, please contact:

Habibullah Rizwan

Coordinator

Tel.: +971 4 220 8288

Email


Organiser

Supporter