4th ICC European Conference on International Arbitration

Breakfast session: Managing Commercial Disputes in the context of the Olympic Games Paris 2024

• Elie Kleiman, Partner, Jones Day, France

Euro-vision: a year in review

By considering a variety of European jurisdictions, this rapid-fire panel session will comment and analyse key trends and developments that took place over the past year, from legislative changes to setting aside and enforcement of arbitral awards.

• Cecilia Carrara, Partner, Legance – Avvocati Associati, Italy
• Robin Oldenstam, Partner, Advokat, Mannheimer Swartling, Sweden
• Stefan Riegler, Partner, Wolf Theiss, Austria
  
  Chaired by:

• Aurelien Zuber, Counsel, ICC International Court of Arbitration, Paris

Keynote speech

• George A. Bermann, Gellhorn Professor of Law & Jean Monnet Professor of European Union Law Director, Center for International Commercial and Investment Arbitration (CICIA); Co-Director, European Legal Studies Center, Columbia University School of Law, New York, United States

Tariff Wars and Supply Chains: Disputes in the making?

The Trump Administration has been making waves by announcing or threatening new tariffs with United States' trading partners. In December 2019 alone, the Trump Administration announced or threatened new tariffs in response to three disputes: steel and aluminum tariffs on Brazil and Argentina to counter the alleged manipulation of their currencies; punitive duties of up to 100% on $2.4 billion in French agricultural and consumer products and increased tariffs on consumer goods from China if a trade deal with Beijing is not reached. The first phase of a U.S.-China trade agreement was finally inked mid-January 2020, cooling tensions in an election year. With the globalisation of supply chains, diversified manufacturing, and international customer bases; it is the rule – not the exception – that companies find themselves in the middle of the Trump Administration's trade disputes. The strategies that companies would usually take to mitigate the impact of increased tarrifs on their business – such as moving manufacturing abroad to avoid country of origin rules or importing into free trade zones and bonded facilities – may disrupt contractual relationships at all levels of the supply chain. This panel will aim to identify the types of disputes that could arise in this context and how they may play out with European parties.

• Emmanuel Jacomy, Partner, Shearman & Sterling LLP, China
• James Mendenhall, Partner, Global Arbitration, Trade and Advocacy, Sidley, Washington D.C., United States
• Maxi Scherer, Professor of Law, Queen Mary University of London; Special Counsel, WilmerHale, United Kingdom

Chaired by:

• Professor Hélène Ruiz-Fabri, Director of the Max Planck Institute for Procedural Law, Luxembourg

The European Green Deal and Climate Law: What is the impact on dispute resolution?

The main environmental ambition of the Green Deal is to make the EU climate neutral by 2050 with circular economy, biodiversity and a zero pollution industry as other remarkable goals. This panel will debate on the impact of key European 2050 carbon neutrality legislation, other expected revisions of environmental legislation and the numerous questions that arise such as: What types of disputes are likely to develop? What is the impact on States' regulatory action and investor obligations?

• Patrick Baeten*, General Counsel, ENGIE, Brazil
• Jose Manuel Garcia Represa, Partner, Dechert, France
• Frances Lawson, Associate, International Arbitration, Orrick, Switzerland

Chaired by:

• Patrick Thieffry, Independent Arbitrator, France

Closing Remarks

• Živa Filipic, Managing Counsel, ICC International Court of Arbitration, Paris
• Laetitia de Montalivet, Director, Arbitration and ADR, Europe, ICC International Court of Arbitration, Paris

Welcoming address and introduction

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.

Case scenarios on ‘Thinking strategically about the document production process’

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”.

• Emily Hay, Senior Associate, Hanotiau & van den Berg, Belguim

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.

• Guillaume Tattevin, Partner, Archipel, Switzerland

Case scenarios on ‘Party-promulgated document requests (part 1) – how to draft effective requests’

• Guillaume Tattevin

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.

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

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.

• David B. Wilson*, Member, Sherman & Howard L.L.C., Denver, Colorado, United States

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.

Case scenarios on ‘Protecting legal privileges and commercial confidences’

• Alexandra Munoz, Partner, Gide Loyrette Nouel, France

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

Non-party discovery in arbitration can prove to be a virtual minefield both for parties and arbitrators: not only do practices vary significantly depending on the seat of the arbitration, the availability (and scope) of non-party discovery also relies on a delicate balance between arbitrators’ authority and courts’ power. This session will address practical challenges when seeking relevant evidence from non-parties to the arbitration such as competitors, third party advisors or investigative bodies.

• Anke C. Sessler, Partner, Skadden, Arps, Slate, Meagher & Flom LLP, Germany

Case scenarios on ‘Non-party documents – techniques to get them if you need them’

• Anke C. Sessler

Concluding remarks