The Conduct of the Proceedings and Case Management - The Arbitrator’s Perspective

19 Sep 2019

Minsk English
Advanced level training

This ICC Institute Training on “the conduct of the proceedings and case management. The arbitrator’s perspective” will take place in Minsk on 19 September 2019 at the eve of the Eastern European Dispute Resolution Forum.

This one-day training is of an advanced level and will focus in depth on how the arbitrator should establish his or her authority over the parties throughout the proceedings, including hearings, and interact with his or her fellow-arbitrators. The training will consist of presentations and interactive discussions using mock case scenarios designed to hone participants’ understanding of critical theoretical concepts while also emphasizing many practical aspects involved in conducting an international arbitration.

Attendees are expected to have mastered the basics of ICC international commercial arbitration.

Who should attend?

The ICC Training is open to senior practitioners who already have a strong experience on international arbitration. Attendees are expected to have mastered the basics of ICC international commercial arbitration.

08:30 – 08:45

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

08:45 – 09:00

Active case management techniques

From the very outset of the arbitration, the tribunal has to actively assist the parties in organizing and streamlining the conduct of the proceedings. During this session, participants will learn and discuss both from a theoretical and a practical standpoint effective case management techniques. These will include issues related to drafting the terms of reference, preparing and conducting case management conferences, and adopting procedural timetables.

09:00 – 09:30

Effective management of arbitration: an ICC perspective

During this session participants will be provided with ICC insights and best practices on various active management techniques.

09:30 – 10:30

Case scenarios on active case management techniques and debate

10:30 – 10:45

Coffee Break

10:45 – 11:15

Arbitrators’ authority: scope and limits

The notion of ‘authority of the arbitral tribunal’ is a complex and multifaceted one which plays a key-role in the creation of a suitable framework for the arbitration. It involves both the relationship between the arbitrators as well as the tribunal’s relationship with counsel and raises challenging questions. Among others: how far a dissenting opinion can go and still be effective and appropriate; what is the scope of the tribunal’s authority to sanction counsel’s wrongful conduct; what types of sanctions are available?

11:15 – 12:00

Case scenarios on arbitrators’ authority: scope and limits and debate

12:00– 13:00

Lunch

13:00 – 13:30

Allowing additional claims and parties

One of the aspects of the growing complexity of international commercial arbitration cases is the increasing number of arbitrations involving multiplicity of parties, including non-signatory parties, claims and cross-claims, and multi-contract disputes. This session will address the main pitfalls as well as the challenging jurisdictional matters that arbitrators face when confronted with complex arbitrations.

13:30 – 14:15

Case scenarios on allowing additional claims and parties and debate

14:15 – 14:30

Coffee Break

14:30 – 15:00

Managing the exchange of information

Obtaining and presenting information is of paramount importance when preparing an international commercial arbitration case. The mission of the arbitral tribunal lies in managing such exchange of information, taking into consideration the different cultural legal approaches of the parties and their counsel and the particular circumstances of each case. Participants will learn how arbitrators should deal with issues such as: the management of electronically stored information; the preservation of the confidentiality of information and related issues of applicable law; protection of trade, technological and commercial secrets; privacy of the arbitral proceedings; and ethical conduct of the parties.

15:00 – 15:45

Case scenarios on managing the exchange of information and debate

15:45 – 16:00

Concluding remarks

Teresa Giovannini

Partner, LALIVE, Switzerland; Member, ICC International Court of Arbitration; Member of the Council, ICC Institute of World Business Law

Stepan Guzey

Partner, Lidings law firm, Russia

Maria Hauser Morel

Counsel, ICC International Court of Arbitration, Paris

Alexandre Khrapoutski

Partner, Lex Torre law office, Belarus; Member, ICC International Court of Arbitration; Co-chair, EEDRF

Noah Rubins

Partner, Head of the Paris International Arbitration Practice Group and of the global CIS/Russia Dispute Resolution Practice Group, Freshfields Bruckhaus Deringer, France

Ana Stanič

Principal, E&A Law, United Kingdom

Julia Zagonek

Partner, White & Case, Russia and United Kingdom; Member, ICC International Court of Arbitration

Venue:

Renaissance Minsk Hotel (Dzerzhinsky Avenue 1E, Minsk).

Travel and hotel expenses are not included.

Participants are responsible for making their own travel arrangements and hotel reservations.

Should you wish to participate in the ICC Training day, please register and pay the registration fee to the Eastern European Dispute Resolution Forum (EEDRF) since ICC Training Day is part of the EEDRF. All questions concerning registration can be addressed to Valeryia Silchanka.

For more information regarding registration fees please visit the website

For more information, please contact Ms Ileana Delattre and Ms Liliya Yanovska .

Organiser

Sponsors

Lidings

Partner

EEDRF

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