ICC Germany Arbitration Day

14:00-14:05

Welcome remarks

• Oliver Wieck, Secretary-General, ICC Germany

14:05-14:15

Keynote

• Claudia Salomon, President, ICC International Court of Arbitration

14:15-15:15

Panel Discussion „Sanctions and their Impact on Arbitration“

This panel, featuring in-house and Nordic counsel, will examine how the EU sanctions regime is influencing business transactions and arbitration. In addition to addressing the most recent questions from the Svea Court of Appeal to the ECJ regarding the interpretation of the “no-claims” provision in the EU sanctions, the discussion will cover key complexities that commonly arise in disputes between European and Russian businesses.

Key discussion points will include:

1. Challenges in securing legal representation for Russian parties
2. The choice of arbitration venue and its potential impact following a decision by the ECJ
3. Non-participating respondents and their impact on proceedings
4. The shifting burden of proof in sanctions-related disputes
5. Retaliatory proceedings before Russian Arbitrazh Courts

Speakers:

• Heike Brehm, Senior Legal Counsel (Litigation), Siemens AG, Erlangen
• Florian Cahn, VP Legal Patents Insurance & General Counsel, Framatome GmbH, Erlangen
• Paula Airas, Partner-elect, Roshier

Moderated by: 

• Anna Masser, Partner, A&O Shearman, Frankfurt

15:15-16:15

Panel Discussion „Navigating Interim Relief Options in Support of Arbitration“

This panel will explore the strategic use of interim measures to safeguard parties‘ rights and maintain the status quo pending a final award. Our panellists will bring together the perspectives of clients, legal counsel from Germany and France and the ICC Court of Arbitration.

Key discussion points will include:

1. The range of interim relief available from both state courts in diverse jurisdictions and arbitral tribunals
2. The chances of enforcing interim relief measures, especially in a cross-border setting
3. Best practices for coordinating and timing applications for interim relief

• Marina Weiss, Partner, Bredin Prat, Paris
• Paul Salazar, Principal Counsel, Siemens AG, Munich
• Ulrich Kopetzki, Acting Director, Arbitration and ADR, Europe, ICC Dispute Resolution Services

Moderated by: 

• Dr. Mathäus Mogendorf, Partner, Hengeler Mueller, Berlin

16:15-16:30

Coffee break and networking

16:30-17:30

Panel discussion „Antitrust Law and Arbitration: Interfaces and Tensions”

This panel will focus on the (increasing) relevance of antitrust law in arbitration and set-aside proceedings. The panellists will provide their insights into this rarely discussed topic from the different perspectives of arbitrators, in-house and external counsel, and the counsel representing the German Federal Cartel Office in set-aside proceedings before the Federal Court of Justice.

Key discussion points will include:

1. Arbitrability of antitrust disputes and revision au fond by state courts
2. Cooperation between arbitral tribunals and cartel authorities?
3. Potential risks of contradicting decisions by arbitral tribunals, state courts and cartel authorities

• Prof. Dr. Florian Bien, Chair for Global Business Law, International Arbitration Law and Private Law at the Julius Maximilians University of Würzburg, Wurzburg
• Aurel Sangenstedt, Expert Litigation and Arbitration, Uniper Global Commodities SE, Mülheim
• Jörg Nothdurft, Head of the Litigation and Legal Division of the German Federal Cartel Office, Bonn

Moderated by: 

• Dr. Andrea Leufgen, Partner, Gleiss Lutz, Frankfurt

17:30-18:30

Closing Panel Discussion „Arbitration in Times of Conflict“

This panel will explore how arbitration operates in times of conflict, drawing on historical experiences in investment and trade. It will examine current disputes from a neutral perspective and consider how past practices can inform the future. The discussion also includes the corporate and investor viewpoint, highlighting practical challenges such as sanctions, anti-suit injunctions, and increasing politicization.

Key Discussion Points:

- Historical context with a focus on investment protection and trade
- Analysis of present-day arbitration disputes
- Challenges faced by investors and corporations

• Luca G. Radicati di Brozolo, Founding Partner, ARBLIT, Milan
• Milena Kühn, Senior Legal Counsel, RWE Supply & Trading GmbH, Essen
• Prof. Dr. Christian J. Tams, Director, Glasgow Centre for International Law & Security, Professor of International Law and Dispute Resolution, Leuphana University Lüneburg, Glasgow

Moderated by:

• Dr. Patricia Nacimiento, Partner, Herbert Smith Freehills, Frankfurt

18:30-19:30

Closing and reception