ICC Institute Advanced Level Training on Drafting Enforceable Awards

06 Oct 2022

Abu Dhabi English
Start: 07.00 (CEST) | 09.00 (Abu Dhabi time zone)

During this training, participants will receive first-hand guidelines and knowledge on best practices pertaining to award legal drafting styles. How legal systems and traditions can influence drafting techniques. How to improve the quality of the award, by getting away from the "copy and paste" drafting style, to properly reflect the reasons behind the arbitral decision, and identifying how much "reasoning" is necessary to render a fully convincing award and secure its enforceability.

During the training, a working group session will be held where participants will be given the opportunity to study a draft award, in the conditions in which a draft award would be reviewed by the Secretariat before scrutiny by the ICC International Court of Arbitration (the “ICC Court”).

The working group session will be followed by a mock Court session on the scrutiny of the award by the ICC Court to give participants an insight on the type of discussions that are held between members of the ICC Court and representatives of the Secretariat when reviewing a draft award. The parties to this mock court session will debate on the draft award reviewed by the working groups.

WHO SHOULD ATTEND

      • Practising lawyers

      • Corporate counsel

      • Arbitrators

      • Mediators

      • Business professionals and academics coming from or doing business in the region

(Abu Dhabi Time Zone)

09.00-09.15

Welcoming address and introduction

  • Ercüment Erdem, Founder and Senior Partner, Erdem & Erdem; Member, ICC International Court of arbitration; Member of the ICC Institute for World Business law, Istanbul.
  • Dania Fahs, Director, Arbitration and ADR, Middle East, Dispute Resolution Services, Abu Dhabi

09.15-10.00

Drafting an arbitral award: which drafting style?

Participants will receive first-hand guidelines and knowledge on best practices pertaining to award legal drafting styles. How legal systems and traditions can influence drafting techniques, the different approaches in civil and common law. How to improve the quality of the award, by getting away from the “copy and paste” drafting style, properly reflect the reasons behind the arbitral decisions, identifying how much “reasoning” is necessary to render a fully convincing award and secure its enforceability.

  • Ercüment Erdem Founder and Senior Partner, Erdem & Erdem; Member, ICC International Court of arbitration; Member of the ICC Institute for World Business law, Istanbul.
  • Abdulhay Sayed Managing Partner, Sayed & Sayed SAS, Member, ICC International Court of Arbitration

10.00 -10.30

Discussion

10.30-11.00

Coffee break

11.00-12.00

Drafting an arbitral award: spotlight on specific issues

This session will focus on particular sections of the award which often present difficulties and challenges in particular:

(1) Jurisdiction and applicable law

(2) Damages

(3) Auxiliary remedies: interest and costs

  • Alex Bevan - Global International Arbitration Practice Group Leader and Head of the Abu Dhabi office, Shearman & Sterling
  • Sabrina Ainouz – Partner, Squire Patton Boggs, International Dispute Resolution, Member, ICC International Court of Arbitration, Paris
  • Lara Hammoud – Independent Arbitrator, Senior Legal Counsel, ADNOC, Abu Dhabi, Member, ICC International Court of Arbitration

12.00-12.30

Discussion

12.30-14.15

Lunch

14.15-14.45

Introduction to scrutiny of the award by the ICC International Court of Arbitration (ICC Court)

Participants will gain a deeper insight into a distinctive feature of ICC arbitration, the ICC Court’s scrutiny of all draft awards. An ICC representative will share her expertise on the ICC Court scrutiny process, the different levels of review, the assistance and tools provided by the Secretariat of the Court, such as the “ICC Award Checklist”, to help arbitral tribunals, although respecting their liberty of decision, draft more legally effective awards.

  • Othmane Saadani Counsel, ICC International Court of Arbitration, ICC MENA, Abu Dhabi.

14.45-15.00

Discussion

15.00-16.15

Working groups: draft award review before scrutiny by the ICC Court

Participants will be given the opportunity to study a draft award, in the conditions in which a draft award would be reviewed before scrutiny by the ICC Court. Each working group will be responsible for reviewing the draft award and will make its comments as if it were a Counsel of the Secretariat of the ICC Court.

  • Dania Fahs, Director, Arbitration and ADR, Middle East, Dispute Resolution Services, Abu Dhabi Othmane Saadani Counsel, ICC International Court of Arbitration, ICC MENA, Abu Dhabi.Lara Hammoud Independent Arbitrator, Senior Legal Counsel, ADNOC, Abu Dhabi, Member, ICC International Court of Arbitration

16.15-16.45

Coffee break

16.45-17.30

Mock Court session: scrutiny of the award by the ICC Court and debate

This is an opportunity for participants to witness the type of discussions that are held between members of the ICC Court and representatives of the Secretariat when reviewing a draft award. The parties to this mock court session will debate on the draft award reviewed by the working groups.

  • Ercüment Erdem Founder and Senior Partner, Erdem & Erdem; Member, ICC International Court of arbitration, ; Member of the ICC Institute for World Business law, Istanbul.
  • Lara Hammoud Independent Arbitrator, Senior Legal Counsel, ADNOC, Abu Dhabi, Member, ICC International Court of Arbitration
  • Othmane Saadani, Counsel, ICC International Court of Arbitration, ICC MENA, Abu Dhabi.Sabrina Ainouz Partner, Squire Patton Boggs, International Dispute Resolution, Member, ICC International Court of Arbitration, Paris

17.30-17.45

Concluding remarks

  • Hassan Arab Partner, Regional Head of Dispute Resolution Arbitration & Litigation, Tamimi & Company, Member, ICC International Court of Arbitration, Dubai, UAE

Sabrina Ainouz Sabrina Ainouz – Partner, Squire Patton Boggs, International Dispute Resolution, Member, ICC International Court of Arbitration, Paris
Hassan Arab Partner, Regional Head of Dispute Resolution Arbitration & Litigation, Tamimi & Company, Member, ICC International Court of Arbitration, Dubai
Alex Bevan Global International Arbitration Practice Group Leader and Head of the Abu Dhabi office, Shearman & Sterling, Abu Dhabi
Ercüment Erdem Founder and Senior Partner, Erdem & Erdem; Member, ICC International Court of arbitration, ; Member of the ICC Institute for World Business law, Istanbul.
Dania Fahs Director, Arbitration and ADR, Middle East, Dispute Resolution Services, Abu Dhabi
Lara Hammoud Independent Arbitrator, Senior Legal Counsel, ADNOC, Abu Dhabi, Member, ICC International Court of Arbitration, Abu Dhabi
Othmane Saadani Counsel, ICC International Court of Arbitration, ICC MENA, Abu Dhabi.
Abdulhay   Sayed Managing Partner, Sayed & Sayed SAS, Member, ICC International Court of Arbitration, Damascus

Venue: Al Reem Hearing Hall, ICC, Arbitration Center, 20th Floor, Al Maqam Tower, ADGM, Al Mariyah Island, Abu Dhabi, UAE

Google Map: https://goo.gl/maps/JiRVKHBipKwYwN4P6

For further information, please contact:

Moritz Safa Mohamed Abdullahi

Assistant

00971-55-7499400

Safa.abdullahi@iccwbo.org

Organiser

Co-Organiser

Primary Sponsor

Sponsor