| CONFERENCE PROGRAM |
DAY 1 - THURSDAY 29 AUGUST 2013 |
|
| 12:00 -12.45 |
Registration with coffee
and sandwiches |
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|
| 13.00 |
Conference opening: Patricia Shaughnessy, Stockholm University |
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|
| 13.05 |
Remarks from Jonas
Ebesson, Dean of Stockholm University's Department of Law |
|
|
| 13.15 |
Welcome address: Johan Gernandt, Vinge |
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|
| 13.30 |
Key-note address:
Autonomy and regulatory controls in international arbitration - Julian Lew |
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|
1ST MODULE - MASTERING ISSUES OF PUBLIC INTERESTS IN PRIVATE
DISPUTES
|
| 13.50 |
Session
1
- Dealing with arbitrability and mandatory law in arbitration:
do new regulatory approaches require new solutions? |
| |
Moderators: Mark Kantor and Patricia
Shaughnessy Panelists: Lars
Heuman, Julian Lew, Corinne Montineri, Tatyana Slipachuk |
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- Can parties avoid national or regional regulatory laws by
choosing a favorable arbitral seat and substantive law?
- Can arbitrators ignore "mandatory rules" regulating corporate
governance, export trade sanctions, anti-money laundring rules, data
protection laws and competition law?
- Can UNCITRAL harmonization efforts accommodate varied national
"public interests"?
- Has arbitration become an autonomous legal system that can
disregard national mandatory rules and instead create its own
transnational rules?
|
| 15.15 |
Coffee/tea break |
| |
|
| 15.45 |
Session
2 - Corruption: arbitration for users or abusers, and whose problem is
it anyway? |
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Moderator: Constantine Partasides Panelists: Sophie Nappert, Ilya
Nikiforov, Martina Polasek
|
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- What are the red flags signaling corrupt practices?
- Distinguishing between cultural and corrupt practices: is there
an international standard?
- How can arbitrators ensure that corruption allegations are not
obstruction and disruption tactics?
- Determining and meeting the burden of proof
- Does so-called transnational public policy provide a tool to
deal with corruption?
- What are possible consequences and sanctions for corrupt
practices in the context of an arbitration?
|
| |
|
| 17.00 |
Short break |
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|
| 17.10 |
Session 3 - Aligning corporate compliance, risk avoidance, and dispute
policies and
strategies |
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Moderator: Jean-Claude Najar Panelists:
Pierre-Jerôme Abric, Jonathan Robilotto, Ulf Sandlund |
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-
Documenting and investigating compliance with laws and regulations:
creating a future defense or leaving a smoking gun?
-
Protecting confidential company information relating to compliance
and corporate social responsibility programs from future disclosure
-
What
are the best methods for in-house and external counsel to work
together in developing risk management policies that also ensure
efficient dispute resolution?
-
How
can a company coordinate its positions when simultaneously engaged
in private arbitration and proceedings before public authorities?
|
| |
|
| 18.15 |
Concluding remarks - James Hope |
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|
| 18.15 - 20.30 |
Networking event: Cocktail buffet reception hosted by Vinge |
DAY 2 - FRIDAY 30
AUGUST
|
|
2ND MODULE
- MASTERING CONFLICTS BETWEEN
PARTY AUTONOMY AND ARBITRATORS’ POWERS |
| |
| 09.00 |
Opening address: Education, research and
scholarship in international arbitration - Julian Lew |
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|
| 09.15 |
Session 4 - The managerial (or mismanaging) arbitrator:
what are the
limits of her power and the requirements of her duties?
|
| |
Moderator: Doug Jones
Panelists: Manuel Arroyo, Teresa Cheng, John Fellas, James Hope |
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-
What
are and who controls the sources and the limits of arbitrator power?
-
What
is the correct balance between the parties' procedural agreements
and the tribunal's power to conduct the proceedings in a manner it
deems appropriate?
-
Do
expedited or emergency arbitrator procedures require more management
by the tribunal and less party control?
-
Jura
novit curia: Can the tribunal raise points of facts, contract
provisions, or law on its own motion?
-
Do
arbitration institutions have a duty to ensure that arbitrators act
efficiently and fairly?
|
| |
|
| 10.30 |
Coffee/tea break
|
| |
|
| 11.00 |
Session 5 -
Regulating counsel and arbitrator conduct: is international arbitration
the Wild West of the legal community?
|
| |
Moderator: Bo Nilsson Panelists: Vladimir Khvalei, James Morrison,
Robin Oldenstam, Neeti Sachdeva
|
| |
- Will the new IBA Guidelines on party
representatives bring needed order or create new issues?
- What role does culture have to play in
determining what constitutes unethical behavior?
- Should a lawyer's duty to zealously
represent his or her client be performed without regard to the
arbitral process?
- Do arbitral institutions or tribunals have
the power to saction a counsel's particularly bad behavior or to
sanction a party?
|
| |
|
| 12.15 |
Lunch |
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|
| 13.45 |
Session 6 - Preparing and pursuing challenges to arbitrators |
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Moderator: Annette Magnusson Panelists:
Chiann Bao, Andrea Carlevaris, Li Hu, Edgar Martínez |
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- The abuse of challenging an arbitrator as strategy: should it be
controlled or are challenges a freely exercisable right and are
agreements to waive challenges enforceable?
- How far does an arbitrator have to go when investigating
potential conflicts and does the arbitrators’ duty of disclosure
extend to secretaries to the Tribunal?
- Is it appropriate for counsel coordinate a defense to a
challenge with the challenged arbitrator and should an arbitrator
under challenge respond directly?
- How should arbitration institutes handle challenges: should
they ever hold hearings, consult with the challenged arbitrator,
give reasoned decisions, or publish their sanitized decisions?
|
| |
|
| 15.00 |
Cofee/tea break |
| |
|
3RD MODULE - MASTERING DISPUTES INVOLVING STATES AND
STATE-CONTROLLED PARTIES
|
| 15.30 |
Session 7 - Arbitrating with a state or state-controlled party:
overcoming challenges and creating strategies |
| |
Moderator: Luiz Olavo Baptista Panelists: Crina Baltag, Yas
Banifatemi, Johan Sidklev
|
| |
- What are effective arbitration strategies for dealing with a
change in government, a change in regulation, or a change in
contracts?
- Should contracts with a state party have a specially
tailored arbitration clause?
- Should institutional rules be adapted to meet the needs of
arbitration with state-controlled parties?
- Does sovereign immunity extend to interim measures of
protection?
|
| |
|
| 16.45 |
State immunity: the last link in the arbitration chain - Kaj Hobér |
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|
| 17.10 |
Concluding remarks |
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Robin Oldenstam on
behalf of the SAA |
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Jeremy Zell on behalf of the ICAL Alumni Association
|
| |
|
| 17.30 |
End of Day |
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|
| 19.30 |
Gala dinner at
the Opera Terrace |