ICC Institute Training on the Production of Documents in International Arbitration

01-02 Jun 2021

Online English CLE/MCLE/CPD/CNB credits & hours available
Early bird until 30/04/2021

This conference “Arbitration in Africa: Expanding the Scope” is a “must attend” for arbitration professionals who wish to keep up to date with the latest institutional developments and the evolution of arbitration in Africa.

The 5th ICC Africa Conference is taking place online on 3 and 4 June 2021. To view the programme, speakers and register click here.

Who should attend?

  • Practicing lawyers
  • Arbitrators, mediators
  • Corporate counsel
  • Academic
  • Professionals interested in and/or involved in international arbitration in Africa
Tuesday 1 June: Training programme
Wednesday 2 June: Training programme

1 June 2021 ICC Institute Training on Production of Documents

14.00 – 14.10 Welcoming address and introduction
  • Jacob Grierson, Partner, Asafo & Co, France; Council Member, ICC Institute of World Business Law
14.10 – 14.25

Thinking strategically about the document production process

This introductory session will address the procedural and strategic choices that should set the approach to document production in international arbitration. Participants will learn how to identify documents that are relevant and material to the case and will discuss issues of document collection and preservation strategies both from a theoretical and a practical standpoint.

  • Jacob Grierson
14.25 – 15.10 Case scenarios on "Thinking strategically about the document production process
  • Jacob Grierson
15.10 – 15.40 Break
15.40 – 15.55 

Party-promulgated document requests (part 1) – how to draft effective requests

In international arbitration each party is responsible for submitting the documentary evidence on which it intends to rely to support its case and there is no automatic right to the production of documentary evidence in the possession or control of the opposing party. This session will explore the limits of document production in international arbitration and provide practical insights on how to frame an effective request resulting in an expeditious and cost effective document production procedure.

  • Clément Fouchard, Partner, Reed Smith, France
15.55 – 16.30  Case scenarios on "Party-promulgated document requests (part 1)  how to draft effective requests"
  • Clément Fouchard
16.30 – 16.45 

Party-promulgated document requests (part 2) – how to draft effective objections

Upon receipt of a document production request the requested party has to react. What are the contours of the grounds for refusing to produce documents? How can a party best respond to a broad and indiscriminate document request? How can parties make available information necessary and material to a dispute but maintain confidentiality and competitive secrets? During this session participants will discuss the strategic issues and steps that should be considered when responding to a request for producti¬on.

  • Laurie Achtouk-Spivak, Counsel, Cleary Gottlieb Steen & Hamilton LLP, France
16.45 – 17.25  Case scenarios on 'Party-promulgated document requests (part 2) – how to draft effective objections'
  • Laurie Achtouk-Spivak
17.25 – 17.30 Closing of the 1st day
  • Jacob Grierson

2 June 2021: ICC Institute Training on the Production of Documents

14.00 – 14.30

Electronic documents – unique challenges and opportunities

A lot has been said regarding the consequences of the increasing use of electronic documents, communications and electronically stored information on the document production process but the international arbitration community is still far from reaching a consensus on these issues.

This session will address the recent trends and possible developments on how electronic evidence should be treated in international arbitration.

  • Tsegaye Laurendeau, Counsel, Shearman & Sterling, United Kingdom

14.30 – 14.45

Protecting legal privileges and commercial confidences

Issues of privilege and commercial confidences often arise in international arbitration. The disparity of regimes, however, often makes the outcome uncertain both for counsel and parties and raises challenging issues such as: how to identify and withhold privileged material in practice, how to resist claims of privileges and how to protect commercial confidences, also considering the discretion of the arbitral tribunal on the issue and in the absence of an agreement by the parties.

  • Isaiah Bozimo, Partner, Broderick Bozimo and Company, Nigeria; ICC YAF Representative

14.45 15.30

Case scenarios on ‘Protecting legal privileges and commercial confidences’

  • Isaiah Bozimo

15.30 – 16.00

Break

16.00 – 16.15

Non-party documents – techniques to get them if you need them

Non-party discovery in arbitration can prove to be a virtual minefield both for parties and arbitrators: not only do practices vary significantly depending on the seat of the arbitration, the availability (and scope) of non-party discovery also relies on a delicate balance between arbitrators’ authority and courts’ power. This session will address practical challenges when seeking relevant evidence from non-parties to the arbitration such as competitors, third party advisors or investigative bodies.

  • Jane Davies-Evans, Barrister And Chartered Accountant, 3 Verulam Buildings, United Kingdom

16.15 – 17.00

Case scenarios on ‘Non-party documents – techniques to get them if you need them’

  • Jane Davies-Evans

17.00 – 17.20

Pro-active approaches to addressing data protection during the document production process

Data protection rules often apply to the processing of personal data during the arbitration process. Where data protection laws are likely to apply, best practice is usually to raise these issues proactively and upfront, which may limit the impact of data protection compliance on the arbitration process and the production of documents. This session will train participants to spot data protection issues early on and present potential ways to limit the impact of data protection compliance, including “data minimization”.

  • Markus Burianski, Partner, White & Case LLP, Germany or Emily Hay (HVDB – Belgium)

17.20 – 17.30

Concluding remarks

  • Jacob Grierson

Laurie Achtouk Spivak

Counsel, Cleary Gottlieb Steen & Hamilton, France

Isaiah Broderick Bozimo

Partner, Broderick Bozimo and Company, Nigeria

Markus Burianski

Partner, White & Case LLP, Germany

Clément Fouchard

Partner, Reed Smith, France

Jacob Grierson

Barrister, Asafo & Co, France

Tsegaye Laurendeau

Counsel, Shearman & Sterling LLP, United Kingdom

Venue and dates

ICC Institute Advanced Training

Dates: 1-2 June 2021

Venue: Online

Registration fees

Early bird until 30 April 2021 : 140€

ICC Members: To benefit for the ICC Member rate please contact your National Committee to get the discount code)

Non-members: 175€

Special discounts

Group rates: Register 5 persons from the same company and pay for four.

In-house Counsel, full time Academics and Government representatives may benefit from a 20% or 30% discount.

Please contact events@iccwbo.org for more details.

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

Working languages 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.

French Bards: this conference and training will be sent for CNB approval. Lawyers practising in France may apply for reimbursement from the FIFPL (Fonds Interprofessionel de Formation des Professionnels Libéraux), subject to terms and conditions.
Cancellation policy 50% of the registration fees will be refunded if notice of cancellation is received in writing before Friday 30 April 2021. Cancellations after this date are not refundable. Updated registration information will be required. Please be informed that any formation of cancellation will include a cancellation fee of €5 + 2.75% of the registration fee which must be covered by the participant. Please note that ICC Nigeria 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 Nigeria will not, however, be held responsible for any related expenses incurred by the participant.
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