ICC UK Annual Arbitration & ADR Conference

10:00 - 11:00

First appointments in arbitration

11:00 – 12:00

Break

12:00 - 13:00

Culture Wars: Insolvency meets International Arbitration

‘Arbitration’ and ‘Insolvency’ are often described as two worlds with different perspectives on fundamental aspects of the legal system. Whereas arbitration is said to afford primacy to party intent, insolvency is inherently concerned with rights of third parties such as creditors. Complex legal and policy questions arise when the two disciplines are forced to interact.  In this session, our speakers will explore some of these issues in the context of ongoing efforts to harmonise cross border insolvency regimes.

• James Barratt, Partner and Co-Head of International Disputes – Europe, Vinson & Elkins, London
• Kushal Gandhi, Partner, CMS Cameron McKenna Nabarro Olswang LLP, London
• Emily Saunderson, Quadrant Chambers, London
• Patrick Taylor, Partner, Debevoise & Plimpton, London
• Angeline Welsh KC, Barrister, Essex Court Chambers, London

13:00 – 13:30 

Break

13:30 - 14:30

Expedited procedures

• James Clanchy, Commercial Arbitrator, London
• Costas Frangeskides, Partner, Wordley Partnership, London
• Kim Franklin KC, Crown Office Chambers, London
• Rana Obeid, Associate General Counsel, Jacobs, Dubai

09:00 - 09:30

Registration

09:30 - 09:35

Welcome remarks

• Guy Pendell, Chair, ICC United Kingdom Arbitration and ADR Committee
• Philippe Cavalieros, Vice-Chair of the ICC Commission on Arbitration & ADR, Co-Chair, International Arbitration Group, Simmons & Simmons, London
• Stuart Dutson, Vice-Chair of the ICC Commission on Arbitration & ADR, Co-Chair, International Arbitration Group, Simmons & Simmons, London

09:35 - 09:55

Keynote address: The role of arbitral tribunal

• The Honourable Justice Robin Knowles, High Court of England and Wales, London

09:55 - 10:40

Panel: Is the international arbitration system too prone to abuse?

Following the criticism from Mr Justice Robin Knowles in Nigeria v P&ID, is it fair to suggest that international arbitration as a process is too prone to abuse? This session will discuss the following:

• Does corruption get rooted out sufficiently?
• Are mismatched parties properly handled?
• Does the governing law get adequately ventilated?
• Is conduct by arbitrators given too much deference in later court challenges as a default way of furthering the finality of international arbitration?
• Is money laundering and other illegality sufficiently exposed?
• Do guerrilla tactics and due process paranoia get handled well?
• Are spurious claims nixed appropriately?
• Is it enough that the supervising court process will catch the “bad” awards, or does the system need to fundamentally change to make sure those awards never make it out in the first place?

• Charles Debattista, Barrister and Arbitrator, Joint Head, 36 Stone, London
• Sophie Nappert, Barrister and Arbitrator, Three Verulam Buildings, London
• Professor Emilia Onyema, International Commercial Law, SOAS, London
• Sir Bernard Rix, International Commercial Arbitrator, Twenty Essex, London

10:40 - 10:55

Delegate Q&A

10:55 - 11:25

Networking break

11:25 - 12:10

Panel: Unwritten evidential rules in international arbitration

This panel will focus on how common and civil law conventions affect the taking of evidence and whether they make the arbitral process fairer. Our speakers will discuss the influence of custom and convention on the evidential process and the difference of approach across different jurisdictions.

• Emily Fox, Partner, Herbert Smith Freehills, Paris
• Samantha J Rowe, Partner, Debevoise & Plimpton LLP, London; Vice Chair, ICC United Kingdom Arbitration and ADR Committee
• James Shaerf, Barrister, 39 Essex Chambers, London
• Friederike Schäfer, Partner, ZEILER, Paris
• Myfanwy Wood, Partner, Ashurst, London

12:10 - 12:25

Delegate Q&A

12:25 - 12:45

Fireside chat: A Client Perspective

• Sapan Gupta, Vice-President, Group General Counsel, ArcelorMittal Group, London

Moderated by:

• Patrick Leonard SC, Vice Chair, ICC Commission on Arbitration & ADR, Senior Counsel, The Bar of Ireland, Dublin

12:45 - 13:45

Networking lunch

13:45 - 14:05

Keynote address

14:05 - 15:00

Panel: AI in arbitration – A SWOT analysis

Since the launch of Chat GPT in November 2022, AI has had a huge impact on commerce and society at large. Whether or not practitioners are ready for it, AI, and specifically generative AI, is already changing the way we work and the pace of this change is only likely to accelerate.

This session will consider the strengths, weaknesses, opportunities and threats of AI and will explore the crucial question of what do those involved arbitration want from AI?

• Stephen Dowling, Senior Counsel and Founder, TrialView, London
• Monica Crespo, Head of Product, Jus Mundi, Paris
• Ben Knowles, Partner, Clyde & Co, London
• Joseph Otoo, Senior Legal Counsel, Associate Director, Arup, London
• Minesh Tanna, Global AI Lead, Partner, Simmons & Simmons, London

15:00 - 15:20

Networking break

15:20 - 16:05

Panel: The ongoing impact of sanctions on arbitration

The impact of sanctions and Russian "countersanctions" on arbitration agreements and arbitration proceedings continues to give rise to complexity, particularly given the absence of established law. Furthermore, The Supreme Court's recent decision in the UniCredit Bank GmbH v RusChemAlliance LLC [2024] UKSC 30 to dismiss an appeal by RusChemAlliance and uphold the previous decision of the Court of Appeal, confirms that the English courts had jurisdiction to issue an injunction preventing RusChem from pursuing legal action in Russia.

This panel aims to address UK and EU sanctions legislation and the effect of the 2020 amendments to the Russian Arbitrazh Procedural Code (APC) to grant exclusive jurisdiction to Russian courts over disputes arising from foreign sanctions and involving sanctioned persons. The panel will also focus on the scope and effect of the statutory protections on disputes submitted to arbitration.

• Saadia Bhatty, Partner, Gide, Loyrette, Nouel, London
• Charles Claypoole, Partner, Latham & Watkins, London
• James Hope, Partner, Advokatfirman Vinge, Stockholm
• Roman Khodykin, Partner, Bryan Cave Leighton Paisner LLP, London
• Shannon Lazzarini, until recently Head of Group Legal Advice & Litigation and Group Deputy General Counsel, UniCredit, New York

16:05 - 16:20

Delegate Q&A

16:20 - 17:05

Panel: Facilitating settlement in international arbitration

Following on from the release of the ICC’s report on Facilitating Settlement in International Arbitration, the panel will discuss techniques for facilitating settlement, including those deployed by courts in different jurisdictions , arbitral institutions and arbitral tribunals.

Our speakers will discuss whether:

• Institutions and/or tribunals should discuss alternative forms of disputes resolution such as mediation and joint expert determinations with parties;
• Directions for preliminary issues, powers of summary disposal, orders for security and the practice of the “Referentenaudienz” can (and should) be used to facilitate settlement; and
• More use should be made of offers made without prejudice to costs or costs rules.

• Duncan Bagshaw, Vice Chair, ICC United Kingdom Arbitration and ADR Committee
• Matt Fritzsche, Partner, Claims & Disputes, Forensic & Integrity Services, Ernst & Young LLP, EY, London
• Jennifer Haywood, Arbitrator and Barrister, Serle Court, London
• Kate Jackson, Independent Mediator, London
• Angelina M. Petti, Partner, Arbitrator and Counsel, Von Segesser Law Offices Ltd, Zurich
• Fabio Solimene, Assistant General Counsel, Honeywell HPS and PMC, London

17:05 - 17:20

Delegate Q&A

17:20 - 17:25

Closing remarks

• Guy Pendell, Chair, ICC United Kingdom Arbitration and ADR Committee

17:25

Networking drinks