The Use of Arbitration and ADR in International Banking and Trade Sectors

26 May 2023

Paris English

Arbitration Free events

Start: 08:30 (CEST) - End: 15:30 (CEST)

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The Union of Arab Banks and the International Chamber of Commerce (“ICC”) invite you to join the conference: "The Use of Arbitration and ADR to provide efficient and innovative access to justice in the international banking and trade sectors" which will coincide with the last day of the International Arab Banking Summit in Paris, on 26 May 2023.

The conference will take place at the headquarters of the International Chamber of Commerce (ICC) in Paris, and it aims to reduce the traditional perception of financial institutions being hesitant to use arbitration to resolve disputes in the banking and financial sectors, especially after it has gained significant importance in resolving financial and banking disputes, particularly in recent times.

The conference will address the use of arbitration as a means of resolving disputes that may arise in the context of Islamic finance. It will also explore the effectiveness of arbitration as an alternative dispute resolution mechanism for dealing with such disputes. Finally, it will aim to focus on arbitration and discuss its suitability for resolving issues arising in the digitalised financial sector, such as smart contracts, automated trading, artificial intelligence, cyber security, and blockchain technology.

This conference represents the first step towards cooperation between the Union of Arab Banks and the International Chamber of Commerce (ICC) in the field of banking and commercial arbitration. Additionally, it seeks to enhance legal dialogue between Arab and European nations and provide a platform to discuss the latest arbitration legislation both regionally and internationally.

(Paris Time Zone)

08:30 – 09:00	Registration & welcome coffee
09:00 – 09:40	Welcoming Address Alexander G. Fessas, Secretary General, ICC International Court of Arbitration; Director, ICC Dispute Resolution Services Mohamed El Etreby, Chairman, Union of Arab Banks Wissam H. Fattouh, Secretary General, Union of Arab Banks, Vice President of the Supreme Council of Arbitration - Mediation and Arbitration Center at the Union of Arab Banks
09:40 – 10:00	Keynote Speech (UAB) presents an honorary shield to one of the most prominent arbitrators. Abdul Hamid Al-Ahdab - Chairman of the Arab Commission for International Arbitration, Member of the Supreme Council of Arbitration, Mediation, and Arbitration Center at the Union of Arab Banks
10:00-11:00	Session I: “Beyond the traditional reluctance: An increased use of arbitration in the financial and banking sector” The traditional reluctance of the financial sector towards arbitration and ADR is based on misconceptions and a lack of appreciation of the benefits of such alternative modes of dispute resolution. However, a shift in the mindset has been seen recently, and the use of arbitration by the financial community has been growing. This panel will offer an opportunity to: Discuss and build on the conclusions of The Report of the ICC Commission on Arbitration and ADR Task Force on Financial Institutions and International Arbitration (March 2018) Measure the impact of the procedural adjustments introduced in recent years by various arbitral institutions including the ICC (the expedited procedures, the arbitral tribunal’s power to render summary judgment etc.) on the increasing adoption of arbitration by the stakeholders in the banking and financial sector Panellists: Judge Ghaleb Ghanem, Former President of the Lebanese Higher Judicial Council and State Council, Member of the Supreme Council of Arbitration, Mediation and Arbitration Center at the Union of Arab Banks, Beirut Judge George Affaki, Judge at the Qatar International Court, Chairman of the Banking Commission ICC France, International Arbitrator, Paris Sarah Y. Walker, Senior Partner, King & Spalding LLP, London Moderator: Alexander G. Fessas, Secretary General, ICC International Court of Arbitration; Director, ICC Dispute Resolution Services, Paris
11:00 – 11:30	Coffee Break & Networking
11:30 – 12:45	Session II: “The suitability of arbitration and ADR to resolve disputes arising from Islamic finance” Taking stock of the increased offering of Islamic finance products, this panel will discuss: To what extent arbitration as an alternative mode of dispute resolution can provide an adapted and effective resolution for disputes arising in Islamic finance. The role of arbitration and ADR in preserving the integrity of the Islamic financial system. Panellists: Amel Makhlouf, Independent Counsel, Amel Makhlouf Avocat; Research Associate, Centre of Islamic and Middle Eastern Law, SOAS University of London; Lecturer in Law, Sorbonne Law School, Paris Gordon Blanke, Founding Principal, Blanke Arbitration Aline Tanielian Fadel, Partner- Arbitrator, Lecturer, Faculty of Law, Saint-Joseph University, Beirut Moderator: Ahmad Ouerfelli, Attorney at law, Ouerfelli Attorneys and Counsels, Tunis, Member of the Supreme Council of Arbitration, Mediation and Arbitration Center at the Union of Arab Banks
12:45 – 14:00	Lunch
14:00 – 15:15	Session III: “An increasingly digitalised financial sector: The suitability of arbitration and ADR to resolve emerging disputes” This panel offers the opportunity to discuss with experts: How the increased digitalisation in the financial sector is leading to the emergence of new types of disputes in various sectors (Data usage, IP ownership, self–executing smart contracts, automated trading, blockchain technology etc.) How the inherent features of arbitration and ADRs are particularly suitable for resolving digitalised finance-related disputes. Panellists: Prof. Hadi Slim, Professor of Law, Member, French Branch of the International Law Association, the French Committee of Arbitration, the Comparative Law Society, the Executive Board of the Lebanese Review of Arab and International Arbitration, Paris. Christophe Dugué, Independent Arbitrator and Counsel, International Arbitration, Christophe Dugué-Avocat-International Arbitration, Paris Sabine Van Haecke-Lepic, Independent Advocate, Mediator, Barreau de Paris (Ordre des avocats de Paris), Paris *Moderator: Dania Fahs*, Director, Arbitration and ADR, Middle-East, ICC Dispute Resolution Services, Abu Dhabi
15:15 – 15:30	Closing Remarks

Judge George Affaki	Judge at the Qatar International Court, Chairman of the Banking Commission ICC France, International Arbitrator, Paris
Abdul Hamid Al-Ahdab	Chairman of the Arab Commission for International Arbitration, Member of the Supreme Council of Arbitration, Mediation, and Arbitration Center at the Union of Arab Banks
Gordon Blanke	Founding Principal, Blanke Arbitration
Christophe Dugué	Independent Arbitrator and Counsel, International Arbitration, Christophe Dugué-Avocat-International Arbitration, Paris
Mohamed El Etreby	Chairman, Union of Arab Banks
Aline Tanielian Fadel	Partner- Arbitrator, Lecturer, Faculty of Law, Saint-Joseph University, Beirut
Dania Fahs	Director, Arbitration and ADR, Middle-East, ICC Dispute Resolution Services, Abu Dhabi
Wissam H. Fattouh	Secretary General, Union of Arab Banks, Vice President of the Supreme Council of Arbitration - Mediation and Arbitration Center at the Union of Arab Banks
Alexander Fessas	Secretary General, ICC International Court of Arbitration; Director, ICC Dispute Resolution Services, Paris
Judge Ghaleb Ghanem	Former President of the Lebanese Higher Judicial Council and State Council, Member of the Supreme Council of Arbitration, Mediation and Arbitration Center at the Union of Arab Banks, Beirut
Amel Makhlouf	Independent Counsel, Amel Makhlouf Avocat; Research Associate, Centre of Islamic and Middle Eastern Law, SOAS University of London; Lecturer in Law, Sorbonne Law School, Paris
Ahmad Ouerfelli	Attorney at law, Ouerfelli Attorneys and Counsels, Member of the Supreme Council of Arbitration, Mediation and Arbitration Center at the Union of Arab Banks, Tunis
Prof. Hadi Slim	Professor of Law, Member, French Branch of the International Law Association, the French Committee of Arbitration, the Comparative Law Society, the Executive Board of the Lebanese Review of Arab and International Arbitration, Paris.
Sabine Van Haecke-Lepic	Independent Advocate, Mediator, Barreau de Paris (Ordre des avocats de Paris), Paris
Sarah Y. Walker	Senior Partner, King & Spalding LLP, London