Conference on Good Faith in International Arbitration: A Versatile Chameleon?

28 Nov 2023

Paris English CNB and MCLE credits available
43rd ICC Institute of World Business Law Annual Conference

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 
28 November 2023

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

  • Wei Lee Lim, Partner, WongPartnership LLP, Singapore; Council Member, ICC Institute of World Business Law
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. 

  • Eduardo Silva Romero, Partner, Dechert LLP, France; Chair, ICC Institute of World Business Law; Member, ICC International Court of Arbitration 

 

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.

  • Aurélie Conrad Hari, Partner, Bär & Karrer, Switzerland
  • Bernard Hanotiau, Partner, Hanotiau & van den Berg, Belgium; Council Member, ICC Institute of World Business Law
  • Gerard Meijer, Litigation, Arbitration & Investigations Partner, Linklaters, The Netherlands
  • Rajesh Pillai KC, Barrister, 3 Verulam Buildings, United Kingdom
Moderator:
  • Małgorzata Surdek-Janicka, Independent Arbitrator, Surdek Arbitration, Poland; Vice-President, ICC International Court of Arbitration
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.

  • Nagla Nassar, Senior Partner, NassarLaw, Egypt; Independent Arbitrator, Council Member, ICC Institute of World Business Law
  • Nayla Comair Obeid, Founding Partner, Obeid & Partners, Beirut/Dubai/Paris; Professor of Law; Chartered Arbitrator; ICC Vice-Chair; Council Member, ICC Institute of World Business Law
  • Jeffrey Waincymer, Independent Arbitrator, Mediator, International Trade and Investment Lawyer, Academic, Australi
  • Maximin de Fontmichel, Professor of Law, Paris Saclay (UVSQ); Arbitrator and Founder of F.A.R. - Fontmichel Arbitratration Resolution, France

Moderator:

  • Ndanga Kamau, Independent Arbitrator, Ndanga Kamau Law, Kenya/Netherlands; Vice President, ICC International Court of Arbitration
12:40 – 13:00 Q&A and discussion
13:00-13:05

ICC Dispute Resolution Library presented by Jus Mundi

  • Alexandre Vagenheim, VP Global Legal Data, Jus Mundi, France
13:05 – 14:35 Lunch
14:35 – 14:40

Afternoon welcome remarks

  • Samantha Nataf, Partner, De Gaulle Fleurance, France; Member, ICC International Court of Arbitration
14:40 – 15:40

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.

  • Jalal El Ahdab, Partner, Bird & Bird, France
  • Arthur Ma, Partner, DahuiLawyers, China
  • Alexis Mourre, Founding Partner, MGC Arbitration, France; Former President, ICC International Court of Arbitration
Moderator:
  • Andrea Hulbert,  Founding Partner, Hulbert Volio Abogados, Costa Rica; Council Member, ICC Institute of World Business Law
15:40 – 16:00 Q&A and discussion
16:00 – 16:20 Coffee break
16:20 – 17:20

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.

  • Laurie Achtouk-Spivak, Partner, Cleary Gottlieb LLP, France 
  • Sabrina Aïnouz, Partner, Squire Patton Boggs, France; Member, ICC International Court of Arbitration 
  • Kabir Duggal, PhD, Adjunct Professor, Columbia Law School; Senior International Arbitration Advisor, Arnold & Porter, United States 
  • Samantha Rowe, Partner, Debevoise & Plimpton LLP, United Kingdom 

 

Moderator: 

  • Caline Mouawad, Partner, Chaffetz Lindsey LLP, United States 

 

17:20 – 17:40 Q&A and discussion
17:40 – 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.

  • Klaus Peter Berger, Independent Arbitrator; Professor, University of Cologne, Faculty of Law; Council Member, ICC Institute of World Business Law 
  • Carine Dupeyron, Partner, Darrois Villey Maillot Brochier, France; Alternate Member, ICC International Court of Arbitration 
18:00 - 19:30

Award Ceremony of the 2023 Institute Prize & Cocktail Reception

Laurie Achtouk-Spivak 

Partner, Cleary Gottlieb LLP, France 

Jalal el Ahdab

Partner, Bird & Bird, France

Sabrina Aïnouz 

Partner, Squire Patton Boggs, France; Member, ICC International Court of Arbitration 

Klaus Peter Berger 

Independent Arbitrator; Professor, University of Cologne, Faculty of Law; Council Member, ICC Institute of World Business Law 

Nayla Comair Obeid 

Founding Partner, Obeid & Partners, Beirut/Dubai/Paris; Professor of Law; Chartered Arbitrator; ICC Vice-Chair; Council Member, ICC Institute of World Business Law

Aurélie Conrad Hari 

Partner, Bär & Karrer, Switzerland 

Kabir Duggal 

Adjunct Professor, Columbia Law School; Senior International Arbitration Advisor, Arnold & Porter, United States 

Carine Dupeyron 

Partner, Darrois Villey Maillot Brochier, France; Alternate Member, ICC International Court of Arbitration 

Maximin de Fontmichel

Professor of Law, Paris Saclay (UVSQ); Arbitrator and Founder of F.A.R. - Fontmichel Arbitratration Resolution, France

Bernard Hanotiau 

Partner, Hanotiau & van den Berg, Belgium; Council Member, ICC Institute of World Business Law 

Andrea Hulbert 

Founding Partner, Hulbert Volio Abogados, Costa Rica; Council Member, ICC Institute of World Business Law

Ndanga Kamau

Independent Arbitrator, Ndanga Kamau Law, Kenya/Netherlands; Vice President, ICC International Court of Arbitration

Wei Lee Lim

Partner, WongPartnership LLP, Singapore; Council Member, ICC Institute of World Business Law

Arthur Ma 

Partner, DahuiLawyers, China 

Gerard Meijer 

Litigation, Arbitration & Investigations Partner, Linklaters, The Netherlands 

Caline Mouawad 

Partner, Chaffetz Lindsey LLP, United States 

Alexis Mourre 

Founding Partner, MGC Arbitration, France; Former President, ICC International Court of Arbitration 

Nagla Nassar 

Senior Partner, NassarLaw, Egypt; Independent Arbitrator, Council Member, ICC Institute of World Business Law

Samantha Nataf

Partner, De Gaulle Fleurance, France; Member, ICC International Court of Arbitration

Rajesh Pillai KC 

Barrister, 3 Verulam Buildings, United Kingdom 

Samantha Rowe 

Partner, Debevoise & Plimpton LLP, United Kingdom 

Eduardo Silva Romero 

Partner, Dechert LLP, France; Chair, ICC Institute of World Business Law; Member, ICC International Court of Arbitration 

Małgorzata Surdek-Janicka 

Independent Arbitrator, Surdek Arbitration, Poland; Vice-President, ICC International Court of Arbitration 

Jeffrey Waincymer 

Independent Arbitrator, Mediator, International Trade and Investment Lawyer, Academic, Australia 

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.

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Working language English
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