ICC Institute Training: Drafting enforceable awards

18 Mar 2020

Sao Paulo English
Early Bird Rate (until 21 February)

This ICC Institute Training is being organized at the occasion of the 9th ICC Brazilian Arbitration Day.

The participants of this ICC Institute Training will receive first-hand guidelines and knowledge on best practices pertaining to award legal drafting styles.

During this training participants will receive first-hand guidelines and knowledge on best practices pertaining to award legal drafting styles. How legal systems and traditions can influence drafting techniques. How to improve the quality of the award, by getting away from the "copy and paste" drafting style, to properly reflect the reasons behind the arbitral decision, identifying how much "reasoning" is necessary to render a fully convincing award and secure its enforceability.

During the training, a working group session will be held where participants will be given the opportunity to study a draft award, in the conditions in which a draft award would be reviewed by the Secretariat before scrutiny by the ICC Court.

The working group session will be followed by a mock Court session on the scrutiny of the award by the ICC Court to give participants an insight on the type of discussions that are held between members of the ICC Court and representatives of the Secretariat when reviewing a draft award. The parties to this mock court session will debate on the draft award reviewed by the working groups.

Who should attend:

Practising lawyers, Corporate counsel, Arbitrators, Mediators, Business professionals and academics coming from or doing business in the region.

09:00 – 09:15

Welcoming address, introduction and presentation of the ICC Institute of World Business Law

09:15 – 10:00

Drafting an arbitral award: which drafting style?

Participants will receive first-hand guidelines and knowledge on best practices pertaining to award legal drafting styles. How legal systems and traditions can influence drafting techniques, the different approaches in civil and common law. How to improve the quality of the award, by getting away from the “copy and paste” drafting style, to properly reflect the reasons behind the arbitral decision, identifying how much “reasoning” is necessary to render a fully convincing award and secure its enforceability.

10:00 – 10:30

Discussion

10:30 – 11:00

Coffee break

11:00 – 12:45

Drafting an arbitral award: spotlight on specific issues

This session will focus on particular sections of the award which often present

difficulties and challenges in particular:

  1. Jurisdiction
  2. Admissibility
  3. Applicable law
  4. Damages
  5. Auxiliary remedies : interest and costs
  6. Specific regional pitfalls

12:45 – 14:15          

Lunch break

14:15 – 14:45

Introduction to scrutiny of award by the ICC International Court of Arbitration (ICC Court)

Participants will gain a deeper insight into a distinctive feature of ICC arbitration, the ICC Court’s scrutiny of all draft awards. An ICC representative will share his/her expertise on the ICC Court scrutiny process, the different levels of review, the assistance and tools provided by the Secretariat of the Court, such as the “ICC Award Checklist”, to help arbitral tribunals, although respecting their liberty of decision, draft more legally effective awards.

14:45 – 15:00          

Discussion

15.00 - 16.15

Working groups: draft award review before scrutiny by the ICC Court

Participants will be given the opportunity to study a draft award, in the conditions in which a draft award would be reviewed before scrutiny by the ICC Court. Each working group will be responsible for reviewing the draft award and will make its comments as if it were a Counsel of the Secretariat of the ICC Court.

16:15 – 16:45

Coffee break

16:45 – 17:30

Mock Court session: scrutiny of the award by the ICC Court and debate

This is an opportunity for participants to witness the type of discussions that are held between members of the ICC Court and representatives of the Secretariat when reviewing a draft award. The parties to this mock court session will debate on the draft award reviewed by the working groups.

17:30 – 17:45

Concluding remarks

Chiann Bao

Vice President of the ICC International Court of Arbitration, Independent Arbitrator, Hong Kong/London

Adriana Braguetta

Adriana Braghetta Advogados, São Paulo

Eliane Carvalho

Member of the ICC International Court of Arbitration; Machado Meyer Advogados, São Paulo

José Ricardo Feris

Squire Patton Boggs, Paris

Juan Fernández-Amersto

Armesto & Asociados, Madrid

Patrícia Figueiredo Ferraz

Counsel of the ICC International Court of Arbitration, São Paulo

Lauro Gama

Member of the ICC International Court of Arbitration; Lauro Gama Advogados Asociados, Rio de Janeiro

Raphael Lang

Deputy Counsel of the ICC International Court of Arbitration, São Paulo

Manoela Moreira

Deputy Counsel of the ICC International Court of Arbitration, São Paulo

Sabina Sacco

Lévy Kaufmann-Kohler, Geneva

Ana Serra e Moura

Deputy Secretary General of the ICC International Court of Arbitration, Paris

Venue:
ICC-CNI International Arbitration Hearing Centre
Rua Surubim 504, 14o andar, Cidade Monções, São Paulo, SP, Brazil

For further information, please contact: 

Katherine Lievano

Project Manager

Tel. +507 385 7420

Organiser

Institutional supporter