Join practising lawyers, arbitrators, mediators and corporate counsel for the 44th ICC Institute of World Business Law Annual Conference on Res Judicata, Claim Preclusion, Issue Preclusion and Claim Splitting. Taking place in Paris on Wednesday 13 November 2024, this full-day conference promises unrivalled networking opportunities and in-depth discussions with expert speakers around the theme of res judicata.
This 44th edition will focus on the nature, purpose and application of Res Judicata in international arbitration. This subject is important to all arbitrators, arbitration practitioners and court litigators as Res Judicata, claim preclusion, issue preclusion and claim splitting, as a result of the same or a similar legal dispute arising in more than one proceeding, or phase of a proceeding, is now very common. Noted common law and civil law experts in this field will share their experience on how Res Judicata is applied in various jurisdictions within those legal systems. They will also speak about the development of separate (but related) legal doctrines which seek to address the finality and fairness of prior proceedings, such as abuse of process. A final panel will look at whether there is scope for adopting a more uniform and universal approach to Res Judicata in international arbitration.
All participants will receive a copy of the Dossier XXIII of the Institute Series, summarising the day’s discussions.
Registration and the programme will be announced soon. Register your interest to ensure you receive the latest updates on the conference!
For more information on what the ICC Institute of World Business Law does, click here. To view the photos from last year’s 43rd ICC Institute Annual Conference on Good Faith in International Arbitration, visit ICC’s Flickr page.
Who should attend?
- Practising lawyers
- Corporate counsel
- Judges
- Arbitrators
- Mediators
- Business professionals and academics from around the world
Developed and Co-Chaired by:
Bernard Hanotiau, Audley Sheppard KC and May Tai
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09.30-09.40 |
Introductory remarks and presentation
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09.40-10.40 |
A general overview of res judicata During this interactive session, the panelists will discuss the nature and purpose of res judicata, whether it is recognized as applicable to all court decisions and arbitral awards in all jurisdictions, whether it is an issue of substance or an issue of procedure, the law applicable to res judicata and its positive and negative aspects, whether the res judicata effect of a court decision can be invoked to bar a subsequent arbitral procedure and vice verso, and finally, if an award does not meet all the conditions to have res judicata, what value should it be given in a subsequent arbitral procedure. -
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Moderator:
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10.40-11.10 |
Q&A Session |
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11.10-11.40 |
Coffee break |
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11.40-12.40 |
Res judicata in civil law jurisdictions The panel will be devoted to a general discussion of the approach of res judicata in civil law jurisdictions, i.e., the triple identity test, and will discuss in particular the scope of res judicata, whether it is it limited to the dispositive part of the award or whether it extends to the reasoning, the decisions to which it applies, whether it belongs to public policy, and in the affirmative, what are the consequences of this qualification, and how the courts in various civil law jurisdictions interpret the concepts of “same parties”, “same subject matter”, “same legal grounds”. -
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12.40-13.00 |
Q&A Session |
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13.00-14.30 |
Lunch |
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14.30-15.30 |
Res judicata in common law jurisdictions After a general overview of the common law approach to res judicata, the panelists will proceed to an interactive discussion of the various types of res judicata applied in common law jurisdictions: cause of action estoppel, issue estoppel, former recovery, Henderson v. Henderson (abuse of process) and the issues raised by each one of them. -
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Moderator:
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15.30-16.00 |
Q&A Session |
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16.00-16.30 |
Coffee break |
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16.30-17.30 |
Towards a uniform and broader approach to res judicata Has there been a tendency over recent years to overcome the distinction between common law – civil law in the application of res judicata and to adopt a broader and more uniform approach to the issues? This will be the focus of the fourth and final session which will include the following: - The evolution of national legal systems.
- The Resolutions of the International Law Association on res judicata. - Is this extended approach followed by arbitral tribunals: - In commercial cases. - In investment cases.
- Moderator:
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17.30-17.50 |
Q&A Session |
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17.50-18.00 |
Concluding remarks
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18.00-19.00 |
Cocktail reception |
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Sheila Ahuja |
Partner and Co-Head of the India Group, A&O Shearman, Singapore |
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Laurent Aynès |
Partner, Darrois Villey Maillot Brochier, France; Professor Emeritus, University of Paris I – Panthéon-Sorbonne |
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George A. Bermann |
Professor of Law, Columbia Law School, United States ; International Arbitrator |
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Filip De Ly |
Full Professor of Conflict of Laws and Comparative Law, Faculty of Law, Erasmus University Rotterdam, The Netherlands; Member, ICC Institute of World Business Law |
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Antonias Dimolitsa |
Arbitrator, Antonias Dimolitsa & Associates, Greece; Emeritus Council Member, ICC Institute of World Business Law |
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Lauro Gama Jr. |
Independent Arbitrator; Partner, Lauro Gama Advogados Associados; Council Member, ICC Institute of World Business Law |
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Fabien Gélinas |
Sir William C. Macdonald Chair in Law, McGill University, Canada; Independent Arbitrator; Member, ICC Institute of World Business Law |
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Lara Hammoud |
Independent Arbitrator, Arbitra International, United Arab Emirates |
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Bernard Hanotiau |
Partner, Hanotiau & Van Den Berg, Belgium/Singapore; Emeritus Council Member, ICC Institute of World Business Law |
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Dominique Hascher |
Independent Arbitrator; Former Judge, Supreme Judicial Court of France; Former General Counsel and Deputy-Secretary General, ICC International Court of Arbitration |
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Dyalá Jiménez |
Independent Arbitrator, DJ Arbitraje, Costa Rica; Member, ICC Institute of World Business Law |
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Meg Kinnear |
Vice President, World Bank Group; Secretary General, ICSID, United States |
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Nagla Nassar |
Senior Partner, NassarLaw, Egypt; Independent Arbitrator; Council Member, ICC Institute of World Business Law |
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Michael Ostrove |
Partner and Global Co-Chair of International Arbitration, DLA Piper, France |
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Shaneen Parikh |
Partner and Head of International Arbitration, Cyril Amarchand Mangaldas, India |
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Luca G. Radicati di Brozolo |
Founding Partner, ArbLit, Italy; Fountain Court Chambers, United Kingdom |
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Maxi Scherer |
Special Counsel, Wilmer Hale, United Kingdom |
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Christophe Seraglini |
Partner and Head of International Arbitration, Freshfields Bruckhaus Deringer, France |
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Shai Sharvit |
Partner, Gornitzky & Co., Israel |
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Audley Sheppard KC |
Independent Arbitrator, Twenty Essex, United Kingdom |
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Hi-Taek Shin |
Independent Arbitrator, Twenty Essex, South Korea |
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Silja Schaffstein |
Counsel, Lévy Kaufmann-Kohler, Switzerland |
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Winnie Tam SC |
Senior Counsel, Hong Kong Bar; Independent Arbitrator, Hong Kong |
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May Tai |
Consultant, Herbert Smith Freehills, Hong Kong; Council Member, ICC Institute of World Business Law |
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Hiroyuki Tezuka |
Partner and Head of International Dispute Resolution Practice, Nishimura & Asahi, Japan; Council Member, ICC Institute of World Business Law |
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Dorothy Udeme Ufot San |
Founder and Managing Partner, Dorothy Ufot & Co, Nigeria; Emeritus Council Member, ICC Institute of World Business Law |
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Sarah Vasani |
Partner and Co-Head of International Arbitration, CMS, United Kingdom |
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Nathalie Voser |
Founding Partner, rothorn legal, Switzerland |
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Asli Yilmaz |
Managing Counsel, ICC International Court of Arbitration, Paris |
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| Date and venue |
Date: Wednesday 13 November 2024 Venue: Les Salons de l'Aéro-Club de France, 6 rue Galilée, 75116 Paris, France |
| Registration fees |
The registration fee to the Conference includes a seated lunch, cocktail reception and digital copy of the Dossier XXIII of the Institute Series.
Registration fees:
*20% VAT will be applied.
ICC members: 20% discount on the above rates. Please contact your local NC to obtain your discount code.
Special discounts: FULL TIME in-house counsel and government representatives may attend the conference free of charge. LIMITED SPACES ARE AVAILABLE. Group rate: Register 5 persons from the same company and only pay for 4. Please contact ICCGlobalEvents@iccwbo.org for more details. |
| Cancellation policy |
50% of the registration fee will be refunded if notice of cancellation is received in writing before Wednesday 16 October 2024. Cancellations after this date are not refundable. Please be informed that any form of cancellation will incur a cancellation fee of 0,25€ + 5,25% of the registration fee which must be covered by the participant. Subject to agreement from ICC prior to the event, the registration may be transferred to another person from the same company or organisation 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. |
| Travel and accommodation |
Participants are responsible for making their own travel arrangements and hotel reservations. We are able to dispatch visa invitation letters to support your visa application only after receipt of your registration and full payment of your registration fees. |
| Working language | This conference will be held in English. |
| Credits, hours and points |
The conference will be eligible for credits before the Paris and New York Bars, subject to validation of ICC Global Events' applications, or individual application, as necessary. Further, ICC Global Events is a State Bar of California approved MCLE provider. |
| 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. |
The ICC Institute of World Business Law is our dedicated body for the promotion of international business law and arbitration. Members will gather in Paris for a full day of high-level discussions. With over 260 members across the world, the Institute organises this annual event to provide legal experts with a platform to deliberate on a topical issue and contribute towards reflection on new practices.
Sponsorship package
- Opportunity to distribute 1 marketing collateral on-site*
- Signage + branding onsite
- 2 complimentary entries
- Opportunity to co-sponsor a coffee break
- Logo on all event promotional materials
- Sponsor recognition on ICC arbitration social media channels
- Use of official event Sponsor logo
- 30% discount on ICC e-publications
*Sponsor to bear all associated costs
Sponsorship amount: €5,000
Organiser
