ICC Institute Advanced Training on ‘The conduct of the proceedings and case management: The arbitrator’s perspective’

14.00 – 14.05 GST

Welcoming address and introduction

• Nayla Comair Obeid, Founding Partner, Obeid Law Firm, Lebanon/France; Professor of Law; Chartered Arbitrator
• Giorgia Taurino, Junior Project Manager, ICC Institute of World Business Law, Paris

14.05 – 14.20 GST

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.

• Marwan Sakr, Partner, SAAS Lawyers, Lebanon; Member of the Beirut and Paris Bars, admitted before the DIFC Courts, Chartered Arbitrator

14.20 – 14.45 GST

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.

• Asli Yilmaz, Counsel, ICC International Court of Arbitration, Paris

14.45 – 15.30 GST

Case scenarios on active case management techniques and debate

• Marwan Sakr

15.30 – 16.00 GST

Break

16.00 – 16.30 GST

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?

• Michael Polkinghorne, Partner, White & Case LLP, Paris

16.30 – 17.15 GST

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

• Michael Polkinghorne

14.00 – 14.30 GST

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.

• Nayla Comair Obeid, Founding Partner, Obeid Law Firm, Lebanon/France; Professor of Law; Chartered Arbitrator

14.30 – 15.15 GST

Case scenarios on allowing additional claims and parties and debate

• Nayla Comair Obeid

15.15 – 15.45 GST

Break

15.45 – 16.15 GST

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.

• Omar Aljazy, Managing Partner, Aljazy & Co, Jordan

16.15 – 17.00 GST

Case scenarios on managing the exchange of information and debate

• Omar Aljazy

17.00 – 17.15 GST

Concluding remarks

• Eduardo Silva Romero, Partner, Dechert LLP, France; Chairman, ICC Institute of World Business Law