5th ICC Africa Conference on International Arbitration

Welcoming address and introduction

• Jacob Grierson, Partner, Asafo & Co, France; Council Member, ICC Institute of World Business Law

Thinking strategically about the document production process

This introductory session will address the procedural and strategic choices that should set the approach to document production in international arbitration. Participants will learn how to identify documents that are relevant and material to the case and will discuss issues of document collection and preservation strategies both from a theoretical and a practical standpoint.

• Jacob Grierson

Case scenarios on “Thinking strategically about the document production process

• Jacob Grierson

Pro-active approaches to addressing data protection during the document production process

Data protection rules often apply to the processing of personal data during the arbitration process. Where data protection laws are likely to apply, best practice is usually to raise these issues proactively and upfront, which may limit the impact of data protection compliance on the arbitration process and the production of documents. This session will train participants to spot data protection issues early on and present potential ways to limit the impact of data protection compliance, including “data minimization”.

• Markus Burianski, Partner, White & Case LLP, Germany

Party-promulgated document requests (part 1) – how to draft effective requests

In international arbitration each party is responsible for submitting the documentary evidence on which it intends to rely to support its case and there is no automatic right to the production of documentary evidence in the possession or control of the opposing party. This session will explore the limits of document production in international arbitration and provide practical insights on how to frame an effective request resulting in an expeditious and cost effective document production procedure.

• Clément Fouchard, Partner, Reed Smith, France

Case scenarios on “Party-promulgated document requests (part 1) _ how to draft effective requests”

• Clément Fouchard

Party-promulgated document requests (part 2) – how to draft effective objections

Upon receipt of a document production request the requested party has to react. What are the contours of the grounds for refusing to produce documents? How can a party best respond to a broad and indiscriminate document request? How can parties make available information necessary and material to a dispute but maintain confidentiality and competitive secrets? During this session participants will discuss the strategic issues and steps that should be considered when responding to a request for production.

• Laurie Achtouk-Spivak, Counsel, Cleary Gottlieb Steen & Hamilton LLP, France

Case scenarios on ‘Party-promulgated document requests (part 2) – how to draft effective objections’

• Laurie Achtouk-Spivak
  

Electronic documents – unique challenges and opportunities

A lot has been said regarding the consequences of the increasing use of electronic documents, communications and electronically stored information on the document production process but the international arbitration community is still far from reaching a consensus on these issues.

This session will address the recent trends and possible developments on how electronic evidence should be treated in international arbitration.

• Tsegaye Laurendeau, Counsel, Shearman & Sterling, United Kingdom

Protecting legal privileges and commercial confidences

Issues of privilege and commercial confidences often arise in international arbitration. The disparity of regimes, however, often makes the outcome uncertain both for counsel and parties and raises challenging issues such as: how to identify and withhold privileged material in practice, how to resist claims of privileges and how to protect commercial confidences, also considering the discretion of the arbitral tribunal on the issue and in the absence of an agreement by the parties.

• Isaiah Bozimo, Partner, Broderick Bozimo and Company, Nigeria; ICC YAF Representative

Case scenarios on ‘Protecting legal privileges and commercial confidences’

• Isaiah Bozimo

Non-party documents – techniques to get them if you need them

07.30 – 08.45

Beakfast and networking

09.00 – 10.00

Opening Session – Welcome and Keynote Address

10.00 – 11.00

The ICC Africa Commission: Expectations from Africa

11.00 – 11.30

Comfort break

11.30 – 13.00

From Walls to Bridges: A Practical Approach to Expanding the Scope of Arbitration in Africa

13.00 – 14.00

Lunch

14.00 – 15.30

Legal frameworks: “Africa as the new el dorado of arbitration – creating an avant-garde legal landscape”

15.30 – 16.30

I. Emerging practice areas in Arbitration: Moving With the Trend

15.30 – 16.30

II. Emerging practice areas in Arbitration: media & Entertainment Law and Sports Law

19.00

Dinner

09.00 – 10.30

Judicial Innovation within Jurisdictional Limits – Practical Considerations

10.30 – 12.00

Third Party Funding – Pros and Cons

12.00 – 13.00

Corruption in International Arbitration

13.00 – 14.00

Lunch

14.00 – 16.00

“Have regional initiatives expanded the scope of Arbitration practice in Africa?”

16.00 – 16.10

Closing remarks