The ICC Institute of World Business Law’s 43rd Annual Conference is taking place in Paris on Tuesday 28 November 2023! The theme for this 43rd edition is “Good Faith in International Arbitration: A Versatile Chameleon?”.
Good faith irrigates the entire arbitral process. It is sometimes perceived as a “safety valve” in international arbitration; a means for tribunals to redirect a decision that might have been strictly and formally correct, but incompatible with general notions of fairness and reasonableness. However, the application of good faith principles is not without controversy and may raise a number of complex issues. This year’s conference looks at how good faith comes into play at various stages of the international arbitration process and examines the efficiency and limitations of good faith as a legal tool supporting the arbitral process.
All participants will receive a copy of the Dossier XXII of the Institute Series, summarising the day’s discussions.
Who should attend?
- Practising lawyers
- Arbitrators, mediators
- Corporate counsel
- Business professionals and academics from around the world
43rd ICC Institute of World Business Law Annual Conference:
Good Faith in International Arbitration: A Versatile Chameleon?
Good faith irrigates the entire arbitral process. It is sometimes perceived as a “safety valve” in international arbitration; a means for tribunals to redirect a decision that might have been strictly and formally correct, but incompatible with general notions of fairness and reasonableness. However, the application of good faith principles is not without controversy and may raise a number of complex issues. This year’s conference looks at how good faith comes into play at various stages of the international arbitration process and examines the efficacy and limitations of good faith as a legal tool supporting the arbitral process.
Co-Chairs:
Vladimir Khvalei
Senior Partner, Mansors Law Firm, Russia;
Council Member, ICC Institute of World Business Law
Wei Lee Lim
Partner, WongPartnership LLP, Singapore;
Council Member, ICC Institute of World Business Law
Samantha Nataf
Partner, De Gaulle Fleurance, France;
Member, ICC International Court of Arbitration
| 09:00 – 09:30 | Registration and welcome coffee |
| 09:30 – 09:35 |
Welcome remarks
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| 09:35 – 10:00 |
Good Faith in International Arbitration: What is it, really? The good faith principle is often invoked in international arbitration; yet it is not clearly understood universally what the concept actually means, where it comes from, how it may be applied, and when.This keynote address provides a review of the roots and growth of the good faith principle in international arbitration, and an overview of the complexity of the practical application of the principle in international arbitration.
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| 10:00 – 11:00 |
The impact of good faith on arbitral jurisdiction: Navigating the twilight zone? It is often said that the jurisdiction of an arbitral tribunal is founded entirely upon the parties’ consent, as expressed in a valid agreement to arbitrate. This session considers the scope of the good faith principle in determining the arbitral tribunal’s jurisdiction; in determining whether a validly formed agreement to arbitrate can be said to exist between the parties, and the interpretation of agreements to arbitrate; as well as the complex issues involved, such as the determination of the applicable law to decide the issue.
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| 11:00 – 11:20 | Q&A and discussion |
| 11:20-11:40 | Coffee break |
| 11:40 – 12:40 |
Good Faith and the Merits: An integrative function? This session reviews the impact of good faith on the merits, and how it may affect or alter the outcome of the case. We will examine the issue in light of recent court decisions and arbitral awards from different jurisdictions, with an analysis of how the good faith principle can come into play in varying forms and degrees in parties’ claims and defenses.
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| 12:40 – 13:00 | Q&A and discussion |
| 13:00 – 14:30 | Lunch |
| 14:30 – 14:35 |
Afternoon welcome remarks
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| 14:35 – 15:45 |
Good Faith and Procedural Loyalty: Is there a duty to arbitrate in good faith? This session looks at the role of good faith in procedural matters. We will examine whether the good faith principle applies to the arbitration agreement so as to impose a positive obligation to arbitrate in good faith and, if such a duty exists, the players subject to such a duty, the scope and content of such a duty, and the role of arbitrators and arbitral institutions in relation to a duty to arbitrate in good faith.
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| 15:45 – 16:05 | Q&A and discussion |
| 16:05 – 16:25 | Coffee break |
| 16:25 – 17:25 |
Good Faith in Investment Arbitration: What’s different? The good faith principle has long been accepted and applied in investor-state arbitrations. This session looks at the importance of the good faith principle in international investment law, and how it affects and guides the tribunal’s consideration of the parties’ conduct and arguments at different stages of the proceeding, from making the investment, pre-dispute admissibility requirements, jurisdictional elements, and on the merits of the claims.
Moderator:
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| 17:25 – 17:45 | Q&A and discussion |
| 17:45 – 18:00 |
Closing remarks – Future perspective: good faith as a soft law principle, transnational principle, to be incorporated in the arbitral system? The general acceptance of the good faith principle does not mean that it is clearly understood, or that there is universal agreement on how and when it may be used. This closing session provides a broad overview of common misconceptions about the good faith principle, the commonalities between international law, common law and civil law perspectives and applications of good faith, and a review of international arbitration as a conduit for converging of concepts of good faith.
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| 18:00 - 19:00 |
Award Ceremony of the 2023 Institute Prize & Cocktail Reception |
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Laurie Achtouk-Spivak |
Partner, Cleary Gottlieb LLP, France |
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Sabrina Aïnouz |
Partner, Squire Patton Boggs, France; Member, ICC International Court of Arbitration |
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Klaus Peter Berger |
Independent Arbitrator; Professor, University of Cologne, Faculty of Law; Council Member, ICC Institute of World Business Law |
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Nayla Comair Obeid |
Founding Partner, Obeid Law Firm, Beirut/Paris; Professor of Law; Chartered Arbitrator; Council Member, ICC Institute of World Business Law |
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Aurélie Conrad Hari |
Partner, Bär & Karrer, Switzerland |
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Kabir Duggal |
Adjunct Professor, Columbia Law School; Senior International Arbitration Advisor, Arnold & Porter, United States |
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Carine Dupeyron |
Partner, Darrois Villey Maillot Brochier, France; Alternate Member, ICC International Court of Arbitration |
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Jalal El Ahdab |
Partner, Bird & Bird, France |
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Bernard Hanotiau |
Partner, Hanotiau & van den Berg, Belgium; Council Member, ICC Institute of World Business Law |
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Andrea Hulbert |
Founding Partner, Hulbert Volio Abogados, Costa Rica |
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Vladimir Khvalei |
Senior Partner, Mansors Law Firm, Russia; Council Member, ICC Institute of World Business Law |
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Wei Lee Lim |
Partner, WongPartnership LLP, Singapore; Council Member, ICC Institute of World Business Law |
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Arthur Ma |
Partner, DahuiLawyers, China |
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Pierre Mayer |
Partner, Mayer Greenberg, France; Council Member, ICC Institute of World Business Law |
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Gerard Meijer |
Litigation, Arbitration & Investigations Partner, Linklaters, The Netherlands |
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Caline Mouawad |
Partner, Chaffetz Lindsey LLP, United States |
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Alexis Mourre |
Founding Partner, MGC Arbitration, France; Former President, ICC International Court of Arbitration |
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Nagla Nassar |
Partner, NassarLaw, Egypt |
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Samantha Nataf |
Partner, De Gaulle Fleurance, France; Member, ICC International Court of Arbitration |
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Rajesh Pillai KC |
Barrister, 3 Verulam Buildings, United Kingdom |
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Samantha Rowe |
Partner, Debevoise & Plimpton LLP, United Kingdom |
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Maxi Scherer |
Professor, Queen Mary University of London; Special Counsel, Wilmer Cutler Pickering Hale and Dorr LLP, United Kingdom |
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Eduardo Silva Romero |
Partner, Dechert LLP, France; Chair, ICC Institute of World Business Law; Member, ICC International Court of Arbitration |
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Małgorzata Surdek-Janicka |
Independent Arbitrator, Surdek Arbitration, Poland; Vice-President, ICC International Court of Arbitration |
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Jeffrey Waincymer |
Independent Arbitrator, Mediator, International Trade and Investment Lawyer, Academic, Australia |
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| Date and venue |
Conference: 28 November 2023 Venue: Les Salons de l'Hôtel des Arts et Métiers, 9bis Av. d'Iéna, 75116 Paris |
| Registration fees |
The registration fee to the Conference includes a seated lunch, cocktail reception and copy of the Dossier XXII of the Institute Series. Conference Early Bird (until 6 October 2023): 499€* Conference Standard (7 October - 21 November 2023): 649€* Conference Last Chance (21 - 28 November 2023): 799€* *Excludes 20% VAT Special discounts ICC Members may benefit from a 20% discount. Please contact your local NC to obtain your discount code. ICC Institute Members and Full-time Academics may benefit from a 20% discount. FULL TIME in-House Counsel and Government representatives may attend the conference free of charge. LIMITED SPACES AVAILABLE. Please contact ICCGlobalEvents@iccwbo.org for more details. |
| Working language | English |
| Credits, hours and points |
This event is eligible for:
Please note that this is subject to validation of ICC Global Events’ application (or individual application, as necessary). Please contact ICCGlobalEvents@iccwbo.org if you have any questions or would like further information. |
| 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. Participation in the meeting/event implies agreement to such use of photos or audiovisual recordings in which the participant may appear unless ICC receives written notification to the contrary. |
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