MASTERING THE CHALLENGES IN INTERNATIONAL ARBITRATION

 PROGRAM

CONFERENCE PROGRAM

DAY 1 - THURSDAY 29 AUGUST 2013
12:00 -12.45 Registration with coffee and sandwiches
   
13.00 Conference opening: Patricia Shaughnessy, Stockholm University
   
13.05 Remarks from Jonas Ebesson, Dean of Stockholm University's Department of Law
13.15 Welcome address: Johan Gernandt, Vinge
   
13.30 Key-note address: Autonomy and regulatory controls in international arbitration - Julian Lew
   
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
 
  • 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?
 

Moderator: Constantine Partasides
Panelists: Sophie Nappert, Ilya Nikiforov, Martina Polasek

 
  • 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
   
17.10 Session 3 - Aligning corporate compliance, risk avoidance, and dispute policies and strategies
  Moderator: Jean-Claude Najar
Panelists: Pierre-Jerôme Abric, Jonathan Robilotto, Ulf Sandlund
  
  • 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
   
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
   
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
 
  • 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
   
13.45 Session 6 - Preparing and pursuing challenges to arbitrators
  Moderator: Annette Magnusson
Panelists: Chiann Bao, Andrea Carlevaris, Li Hu, Edgar Martínez
 
  • 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
   
17.10 Concluding remarks
   Robin Oldenstam on behalf of the SAA
 

Jeremy Zell on behalf of the ICAL Alumni Association

   
17.30 End of Day
   
19.30 Gala dinner at the Opera Terrace

Subject to change

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