4th ICC European Conference on International Arbitration

06-07 Jul 2020

Paris English CLE/MCLE/CNB credits & hours available
Conference on the 7th of July & Training on the 6th of July

The ICC European Conference on International Arbitration aims to provide answers to the most pertinent questions relating to arbitration in Europe. It is a must attend event for arbitration professionals wanting to keep pace with latest arbitral institutional developments and the evolution of arbitration across the continent.

7 July 2020 marks the 4th ICC European Conference. This conference is a “must attend” for arbitration professionals who want to keep up to date on the latest institutional developments and the evolution of arbitration in Europe.

ICC Institute of World Business Law will organise its advanced level training on the Production of Documents on Monday 6 July 2020.

Who should attend?

  • Practising lawyers
  • Corporate counsel
  • Arbitrators
  • Mediators
  • Business professionals and academics coming from or doing business in Europe
Conference – 7 July 2020
Training – 6 July 2020

4th ICC European Conference – Arbitration in a World in Flux: A European Perspective

08:00-09:30 Registration and welcome coffee
08:30-09:30

Breakfast sessionManaging Commercial Disputes in the context of the Olympic Games Paris 2024

Elie Kleiman, Partner, Jones Day, France

09:30-09:45 Welcome addresses – ICC Arbitration in Europe today and tomorrow
09:45-10:45

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
10:45-11:15 Discussion
11:15-11:30 Coffee break
11:30-12:00

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

12:00-12:45 Discussion
12:45-14:15 Lunch
14:15-15:15

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
15:15-15:45 Discussion
15:45-16:15 Coffee break
16:15-17:15

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
17:15-17:45 Discussion
17:45-18:00

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
19:30-22:30 PAW Opening Cocktail Reception
08:30-09:00 Welcome coffee
09:00-09:15

Welcoming address and introduction

09:15-09:30

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.

09:30-10:15

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

10:15-10:30

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
10:30-10:45 Coffee break
10:45-11:00

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
11:00-11:45

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

  • Guillaume Tattevin
11:45-12:00

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.

12:00-12:45

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

12:45-14:45 Lunch
14:45-15:15

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
15:15-15:30

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.

15:30-16:15

Case scenarios on ‘Protecting legal privileges and commercial confidences’

  • Alexandra Munoz, Partner, Gide Loyrette Nouel, France
16:15-16:30 Coffee break
16:30-16:45

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
16:45-17:30

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

  • Anke C. Sessler
17:30-17:45

Concluding remarks

Training speakers

Emily Hay Senior Associate, Hanotiau & van den Berg, Belgium
Alexandra Munoz Partner, Gide Loyrette Nouel, France
Anke C. Sessler Partner, Skadden, Arps, Slate, Meagher & Flom LLP, Germany
Guillaume Tattevin Partner, Archipel,Switzerland
David B. Wilson* Member, Sherman & Howard L.L.C., Denver, Colorado, United States

*Invited

Conference speakers

Patrick Baeten General Counsel, ENGIE, Brazil
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
Cecilia Carrara Partner, Legance Avvocati Associati, Italy
José Manuel Garcia Represa* Partner, Dechert, France

Alexander G. Fessas

Secretary General, ICC International Court of Arbitration; Director, ICC Dispute Resolution Services, Paris
Ziva Filipic Managing Counsel, ICC International Court of Arbitration, Paris
Emmanuel Jacomy Partner, Shearman & Sterling LLP, China
Elie Kleiman Partner, Jones Day, France
Frances Lawson Associate, International Arbitration, Orrick, Switzerland
James Mendenhall* Partner, Global Arbitration, Trade and Advocacy, Sidley, Washington D.C., United States
Laetita de Montalivet Regional Director, Arbitration and ADR, Europe, ICC International Court of Arbitration, Paris
Alexis Mourre President, ICC International Court of Arbitration, Paris
Robin Oldenstam Partner, Mannheimer Swartling, Sweden
Stefan Riegler Partner, Wolf Theiss, Austria
Hélène Ruiz-Fabri Director of the Max Planck Institute for Procedural Law, Luxembourg
Maxi Scherer Professor of Law, Queen Mary University of London; Special Counsel, WilmerHale, United Kingdom
Patrick Thieffry Independent Arbitrator, France
Aurelien Zuber Counsel, ICC International Court of Arbitration, Paris

*Invited

Venue Intercontinental Hotel, 2 rue Scribe, 75009 Paris

Registration fees

4th ICC European Conference only

ICC Members: €796 (To benefit from the ICC Member rate please contact your National Committee to get the discount code)
Non-members: €995

ICC Institute Training only

ICC Members: €768 (To benefit from the ICC Member rate please contact your National Committee to get the discount code)
Non-members: €960

Discount package: 4th ICC European Conference (7th July 2020) and ICC Institute Training (6th July 202)

CC Members: €1251 (To benefit from the ICC Member rate please contact your National Committee to get the discount code)
Non-members: €1564

*VAT will be applied.

Special discounts 

Group rates: Register 5 persons from the same company and pay for four.

In-house Counsel, full time Academics and Government representatives may benefit from a 30% discount.

Please contact events@iccwbo.org for more details.

ICC Members: please contact your National Committee to receive the discount code to access the member rate (20% reduction).

Travel and accommodation

Travel and hotel expenses are not included in the registration fees. Participants are responsible for making their own travel arrangements and hotel reservations.
Visa We are able to dispatch visa invitation letters to support your visa application only after receipt of your registration online.

Credits and hours

ICC Training and Conferences is eligible for CLE credit under New York ‘s approved jurisdiction procedures and is a State Bar of California approved MCLE provider.

French Bar: this training will be sent for CNB approval. Lawyers practising in France may apply for reimbursement from the FIFPL (Fonds Interprofessionnel de Formation des Professionnels Libéraux), subject to terms and conditions.

Cancellation policy

50% of the registration fees will be refunded if notice of cancellation is received in writing before Friday 5 June 2020. Cancellations after this date are not refundable. Updated registration information will be required. Please be informed that any formation of cancellation will include a cancellation fee of €5 + 2.75% of the registration fee which must be covered by the participant. Please note that ICC reserves the right to cancel this event or to make minor alterations to the content and timing of the programme or to the identity of the speakers. In the unlikely event of cancellation, delegates will be offered a full refund. ICC will not, however, be held responsible for any related expenses incurred by the participant.

Disclaimer

The photos and audiovisual recordings taken at this meeting/event may be used and published by ICC, its subsidiaries or affiliates, for informational or promotional purposes in printed materials or online, including on ICC websites and in social media.

The Paris Arbitration Week Cocktail will take place on 7th July from 19:00 to 22:30 at Hotel Inter Continental Paris Le Grand, Private entrance: 12 Boulevard de Capucines, 75009 Paris

Your ticket to the 4th ICC European Conference/ICC Institute Advanced Level Training does not include registration to the PAW Opening Cocktail. You will be required to register separately via the PAW webpage. Registration will be available soon. 

Sponsoring this event is a unique opportunity to engage the ICC network and to promote your firm.  

For more information on our sponsorship package, please click here and contact us via email.

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Look back at our last event

Interested in seeing what our previous event looked like? Browse through the photos from the 3rd edition of the ICC European Conference on International Arbitration here.

1 Day
252 Participants
39 Countries
4 Sessions