40th ICC Institute Annual Conference: Overriding Mandatory Rules and Compliance in International Arbitration

03-04 Dec 2020

Paris English CLE credit /

Economic sanctions, exchange and export control regulations adopted by countries and regional organizations are increasingly interacting with arbitral proceedings across the world. Their overriding mandatory nature with respect to certain territories is unquestionable. But does that make them relevant, or binding, on international arbitral tribunals sitting outside of these territories? Parties’ submissions arguing bindingness, or irrelevance, vary greatly whether as a result of sheer ignorance, unease or deliberate attempts to mislead the tribunal. In turn, arbitral awards show no uniform position amongst tribunals. Scarce institutional guidance exists. The world leading arbitrators, counsel, business decision makers, and diplomats – the very drafters of sanctions regulations – will debate openly their conflicting expectations of how those mandatory rules should be complied with, or should they?

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This annual conference of the ICC Institute of World Business Law will gather international business practitioners, legal experts and academics to deliberate on the topic of Overriding Mandatory Rules and Compliance in International Arbitration. This conference will offer not only a line-up of top-class speakers, topical discussions and relevant news, but also an excellent opportunity to network. 

The Institute will also publish Overriding Mandatory Rules and Compliance in International Arbitration (Dossier XIX of the Institute series). Prepared by some of the key speakers, each participant will receive a free copy as part of their conference materials

Thursday 3 December
Friday 4 December

14.00 – 14.20

Opening session

Welcome address

  • Yves Derains, Founding Partner, Derains & Gharavi, France; Chairman, ICC Institute of World Business Law

Introduction of the conference

  • Georges Affaki, Partner, Avocat à la Cour, AFFAKI, France; Council Member, ICC Institute of World Business Law

Keynote speech

  • Carter Burwell, Counselor, Office of Terrorism and Financial Intelligence (TFI), Department of the Treasury, United States

14.20 – 15.20

Economic Sanctions: the politics and practical application of compliance

  • David Mortlock, Partner, Willkie Farr & Gallagher LLP, United States
  • Clara Ingen-Housz, Chief Ethics & Compliance Officer, Group Legal Counsel, Compagnie de Saint-Gobain, France

Moderator:

  • Laurent Cohen-Tanugi, Managing Partner, Cohen-Tanugi Avocats, France; Former FCPA Compliance Monitor; Member of the Paris and New York Bars

15.20 – 15.35

Q&A

15.35 – 15.45

Break

15.45 – 16.30

Economic Sanctions in Courts

  • Laurence Boisson de Chazournes, Professor of international law, University of Geneva School of Law, Switzerland
  • Maya Lester QC, Barrister, Brick Court Chambers, United Kingdom
  • Régis Bismuth, Professor, Science Po Law School, France

Moderator:

  • Andrew Canon, Partner, Herbert Smith Freehills LLP, United Kingdom

16.30 – 16.45

Q&A

16.45 – 17.00

Closing

14.00 – 14.05

Opening session

  • Georges Affaki, Partner, Avocat à la Cour, AFFAKI, France; Council Member, ICC Institute of World Business Law
  • Vladimir Khvalei, Partner, Baker & McKenzie, Russia; Vice-President, ICC Arbitration Commission

14.05 – 14.50

National monetary restrictions: exchange restrictions and export control, sovereign debt moratoria, etc.

  • Sir William Blair, Arbitrator, 3 Verulam Buildings, United Kingdom; Chair, Monetary Law Committee of the International Law Association
  • Carolyn Lamm, Partner, White & Case LLP, United States
  • Ali Malek QC, Barrister, 3 Verulam Buildings, United Kingdom

Moderator:

  • Bernard Hanotiau, Partner, Hanotiau & Van Den Berg, Belgium; Council Member, ICC Institute of World Business Law 

14.50 – 15.00

Q&A

15.00 – 15.10

Break

15.10 – 16.05

Impact of overriding mandatory rules (sanctions violation, money laundering, exchange control) on Arbitration (institutions, venue, arbitrators and counsel, award)

  • Homayoon Arfazadeh, Partner, PHYTON, Switzerland
  • Eric de Brabandère, Professor of International Dispute Settlement, Leiden University Law School, Netherlands; Partner, DMDB Law, Belgium
  • Aasiyah Patel, Legal Advisor, Legal Services Department, ICC International Chamber of Commerce, Paris

Moderator:

  • Vladimir Khvalei, Partner, Baker & McKenzie, Russia; Vice-President, ICC Arbitration Commission 

16.05 – 16.15

Q&A

16.15 – 16.45

Overriding mandatory rules and international arbitration in a changing world

  • Dominique Hascher, Judge, Supreme Judicial Court, France;; Advisory Member, ICCA Governing Board 

16.45 – 17.00

Valedictory speech

  • Yves Derains

(in surname’s alphabetical order)

Co-chairs

Georges Affaki

Partner, Avocat à la Cour, AFFAKI, France; Council Member, ICC Institute of World Business World

Vladimir Khvalei

Partner, Baker & McKenzie, Russia; Vice-President, ICC Arbitration Commission

Speakers

Homayoon Arfazadeh

Partner, PHYTON, Switzerland

Régis Bismuth

Professor, Science Po Law School, France

William Blair

Arbitrator, 3 Verulam Buildings, United Kingdom; Chair, Monetary Law Committee of the International Law Association

Laurence Boisson de Chazournes

Professor of international law, University of Geneva School of Law, Switzerland

Carter Burwell

Counselor, Office of Terrorism and Financial Intelligence (TFI), Department of the Treasury, United States

Andrew Canon

Partner, Herbert Smith Freehills LLP, United Kingdom

Laurent Cohen-Tanugi

Managing Partner, Cohen-Tanugi Avocats, France; Former FCPA Compliance Monitor; Member of the Paris and New York Bars

Eric de Brabandère

Professor of International Disputes Settlement, Leiden University Law School, Netherlands; Partner, DMDB Law, Belgium

Yves Derains

Founding Partner, Derains & Gharavi, France; Chairman, ICC Institute of World Business Law

Bernard Hanotiau

Partner, Hanotiau & Van Den Berg, Belgium; Council Member, ICC Institute of World Business Law

Dominique Hascher

Judge, Supreme Judicial Court, France;; Advisory Member, ICCA Governing Board

Clara Ingen-Housz

Chief Ethics & Compliance Officer, Group Legal Counsel, Compagnie de Saint-Gobain, France

Carolyn Lamm

Partner, White & Case LLP, United States

Maya Lester

Barrister, Brick Court Chambers, United Kingdom

Ali Malek

Barrister, 3 Verulam Buildings, United Kingdom

David Mortlock

Partner, Willkie Farr & Gallagher LLP, United States

Aasiyah Patel

Legal Advisor, Legal Services Department, ICC International Chamber of Commerce, Paris


Date and venue: 

Dates: 3-4 December 2020

Online

Registration fees:

Early bird until 13 November 2020: €75

ICC Members: €80

Non Members: €100
Special discounts:

Group rates: Register 5 persons from the same company and pay for four.
In-house Counsel and Government representatives may benefit from afree ticket.

Council Members and Institute Members may benefit from a free ticket.

Students may benefit from a 50% discount.

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

Please contact ICCGlobalEvents@iccwbo.org for more details.

Working language:

 English

Credits and hours:

ICC Training and Conferences is eligible for CLE credit under New York ‘s approved jurisdiction procedures, is a State Bar of California approved MCLE provider and is an accredited CPD provider by the Bar Standards Board of England and Wales.

Cancellation policy:

Any form of cancellation until Thursday 26 November will incur a cancellation fee of US$7 + 2.75% of the registration fee which must be covered by the participant. Cancellations after this date are refundable 50% of the registration fee.

Subject to agreement from ICC Global Events prior to the event, the registration may be transferred to another person from the same company or organization at no extra charge. Updated registration information will be required. 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 expense 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.
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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