ICC Institute of World Business Law Advanced Training – Tokyo 2024

22 Apr 2024

Tokyo English

Arbitration

Start: 08:45 (CEST) - End: 17:30 (CEST)

Registration fees

JPY38,500 *

* including 10% Tax

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Join us in Tokyo for an ICC Institute of World Business Law Advanced Level Training on How to Navigate Interim Measures in International Arbitration.

In this full-day training, participants will be trained on the types of interim measures, strategic considerations, procedures for requesting interim measures, burden of proof and other practical considerations concerning interim measures.

To maximise engagement and ensure condusive training, space is limited to thirty (30) participants.

This Advanced Training precedes the 2nd ICC Tokyo Arbitration Day which takes place on 23 April 2024.

Who should attend?

The training is intended for practising arbitration lawyers, arbitrators, mediators, corporate counsel, professionals and academics involved and/or having extensive knowledge in international arbitration.

This Training is an advanced level training and as such the participants are required to posses the requisite knowledge and practical experience in arbitration to help them engage with complex issues covered at the Training.

(Tokyo Time Zone)

08:45 – 09:20	Registration
09:20 – 09:30	Welcoming Address
09:30 – 09:40	Introduction and Presentation of the ICC Institute of World Business Law
09:40 – 10:40	Strategic Considerations and Procedures: When, How and to Whom to Request Interim Measures? Concept: must be temporary Powers of the ICC arbitral tribunals Role of the lex arbitri When can/should request for interim measures be made? To whom can/should interim measures be requested: emergency arbitrator, arbitral tribunal, national courts (concurrent jurisdiction) ICC procedure and statistics: Art. 28 ICC Rules of arbitration Specific measures: security for costs, escrow accounts, stop payment orders relating to first demand bank guarantees, and counter-guarantees
10:40 – 11:10	Mock Case
11:10 – 11:25	Coffee Break
11:25 – 12:10	Practical Considerations: The Counsel’s Perspective Burden of proof Types of measures that can be requested: a very broad range, but with limitations Ex-parte requests Discovery requests before national courts in aid of international arbitration (e.g., 28 USC 1782 requests) Most common defenses against requests for interim measures
12:10 – 13:15	Mock Case
13:15 – 14:30	Lunch
14:30 – 15:00	Practical Considerations: The Arbitrator’s Perspective Information with the parties (especially at the outset of the case) Urgency and due process (can an arbitrator award ex parte measures?) Risks: prejudgment, awarding or denying measures may have a permanent effect (e.g., where one of the parties risks liquidation, where assets may disappear, etc.) Can/should arbitratorstake a more active role (e.g., escrow accounts managed by tribunals; order counter-security)
15:00 – 15:55	Q&A
15:55 – 16:25	Compliance, Enforcement and Other Issues Arising after Interim Measures are Ordered/Awarded “Order” v. “Award” of interim measures Enforcement considerations: what can the parties do? What can arbitrators do when faced with a party’s refusal to comply with interim measures? Relevance of civil v. common law jurisdictions
16:25 – 17:20	Q&A
17:20 – 17:30	Concluding Remarks

Ndanga Kamau	Independent Arbitrator, Ndanga Kamau Law, Kenya/Netherlands; Vice President, ICC International Court of Arbitration
Yoko Maeda	Partner, City-Yuwa; Alternative Court Member, ICC International Court of Arbitration
James Morrison	Partner, Peter & Kim, Sydney
Wendy Lin	Partner, WongPartnership LLP, Singapore
Hiroyuki Tezuka	Partner, Nishimura & Asahi, Tokyo
Ing Loong Yang	Independent Arbitrator

Venue

4th Floor Japan Chamber of Commerce & Industry meeting room A & B
3-2-2 Marunouchi, Chiyoda-ku, Tokyo Japan

Cancellation policy

Kindly note that 50% of the registration fee will be refunded if notice of cancellation is received in writing before Friday March 22nd 2024. Cancellations after this date are not refundable.

Please be informed that above full 50% fee will be deducted of a registration costs incurred to us upon registration which must be covered by the participant.

Subject to agreement from ICC Japan 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 for such request, so please contact ICC Japan via the email address icc2023@visionbridge.jp by latest two weeks before the event.

Please note that ICC reserves the right to cancel this event or to make minor alterations to the content and timing of the program or to the identity of the speakers. In the unlikely event of cancellation, participants will be offered a full refund. ICC will not, however, be held responsible for any related expense incurred by the participant.

Registration information

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Anran Zhang

Deputy Director, Arbitration and ADR, North Asia, ICC Dispute Resolution Services

Anran.zhang@iccwbo.org

Organiser