Program
Monday, July 22, 2013
[9:00 a.m. Registration and Continental Breakfast]
10:00 a.m. Welcome and Introduction
- Giuseppe Conte, Professor of Law, University of Florence School of Law
- Josefa Sicard-Mirabal, Director, Arbitration & ADR, North America, ICC International Court of Arbitration®; Adjunct Professor, Fordham Law School
10:30 a.m. Introduction to International Commercial Arbitration
- Introduction to international commercial arbitration
- Why choose arbitration over litigation
- Ad hoc vs. institutional
- United Nations Convention
- Important Terminology
This session will introduce international arbitration as a dispute resolution process and distinguish it from court litigation. We will also compare and contrast the types of international arbitration, such as ad hoc and institutional arbitration. We will conclude by explaining the primary method of enforcing commercial arbitration awards through the 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”).
- Speaker 1: Guido Alpa, Professor of Civil Law, University “La Sapienza” of Rome; President, Italian Bar Council
- Speaker 2: Francesco Gianni, Founding Partner, Gianni Origoni Grippo Cappelli & Partners
11:30 a.m. Coffee Break
12:00 p.m. Introduction to International Commercial Arbitration (continued)
1:00 p.m. Lunch Break
3:00 p.m. International Arbitration Doctrines
- International Arbitration Agreements
- Separability doctrine
- Competence-competence
- Validity and non-arbitrability
This session will address threshold issues that arise when determining the enforceability and interpretation of an arbitration clause. We will explain why the validity of the arbitration agreement is a separate determination from the validity of the underlying substantive contract and why the arbitral tribunal has the power to determine its own jurisdiction. We will also address issues involving the intersection of international and domestic law, such as determining the validity of the arbitration agreement itself and determining whether a specific subject matter or claim may or may not be arbitrated.
- Speaker 1: George von Mehren, Partner, Global Chair, International Dispute Resolution, Squire Sanders
- Speaker 2: Catherine A. Rogers, Paul and Marjorie Price Faculty Scholar and Professor of Law, The Dickson School of Law, Penn State
4:00 p.m. Coffee Break
4:15 p.m. International Arbitration Doctrines (continued)
5:30 p.m. End of first day
Tuesday, July 23, 2013
10:00 a.m. The Parties’ Choices
- Overview
- Arbitral Seat
- Applicable Law
- Language
- Arbitrator qualifications
- Number of arbitrators
- Choice of arbitration rules/institution
This session will address the quintessential freedom of choice that parties have to determine what shape their arbitral process will take. In addition to choosing their arbitrators, parties are free to determine the location, language, number of arbitrators and applicable law for their arbitration, as well as many other parameters. This freedom of choice is one of the most attractive features of international arbitration.
- Speaker 1: Nancy Thevenin, Special Counsel, Baker & McKenzie LLP
- Speaker 2: Carlo Ferdinando Emanuele, Partner, Cleary Gottlieb Steen & Hamilton LLP
11:30 a.m. Coffee Break
12:00 a.m. The Agreement to Arbitrate
- Types of Agreements
- Indispensable elements
- Generally recommended elements
- Pathological elements
This session will dissect the wording of the arbitration agreement and examine its various components and elements. We will discuss types of arbitration agreements such as the contractual clause, the “compromis,” the ad hoc arbitration agreement and the institutional arbitration agreement. We will revisit the parties’ choices and examine how those choices are memorialized in writing in the arbitration agreement. We will also examine advanced elements of arbitration clauses, such as multi-staged dispute resolution processes, conflicts of law provisions, amiable compositeur, ex aequo et bono, evidentiary provisions, cost provisions and multi-party provisions. Finally, we will discuss what not to include in an arbitration clause and how pathological elements in arbitration clauses may affect the validity of the agreement or the procedural steps of the arbitration.
- Speaker 1: Victoria Shannon, Assistant Professor of Law, Washington & Lee University School of Law; former Deputy Director, International Court of Arbitration, North America
- Speaker 2: Paola Lucarelli, Professor of Law, University of Florence
- Speaker 3: Ettore Lombardi, Assistant Professor of Law, University of Florence
1:00 p.m. Lunch Break (distribute a few "pathological" clauses before lunch break)
3:00 p.m. Practical Session on drafting the arbitration agreement based on the ICC Rules, including discussing a handout of pathological clauses
- Speaker 1: Michael McIlwrath, Associate General Counsel - Litigation, GE
- Speaker 2: Victoria Shannon, Assistant Professor of Law, Washington & Lee University School of Law; former Deputy Director, International Court of Arbitration, North America
4:30 p.m. Coffee break
5:00 p.m. End of second day
Wednesday, July 24, 2013
10:00 a.m. The Arbitral Tribunal
- Selection of Arbitrators
- Number of Arbitrators
- Qualifications
- The Arbitrators’ Mission
- Scope of arbitrator authority
- Rights and Responsibilities
- The appointment process
- Impartiality, Independence, Availability
- Challenges to arbitrators
This session will address how arbitrators are selected. We will revisit the parties’ choices memorialized in the arbitration clause and examine how those choices are implemented during the arbitrator selection process. We will also examine the mission and authority of an arbitrator in contrast to the purview of a state court judge. We will discuss issues relating to bias, impartiality, independence and availability of arbitrators. We will examine the rights and responsibilities of the arbitrators vis-a-vis the rights and responsibilities of the parties. Finally, we will discuss how and why an arbitrator may be challenged and ultimately removed from the arbitral tribunal.
- Speaker 1: Mark Beckett, Partner, Chadbourne & Parke LLP; Lecturer, Harvard Law School
- Speaker 2: Luca Radicati, Partner, Bonelli Erede Pappalardo; Professor of Private International Law, Milan’s Catholic University
11:00 a.m. Coffee Break
11:30 a.m. The Arbitral Tribunal (continued)
- Speaker 1: Mark Beckett, Partner, Chadbourne & Parke LLP; Lecturer, Harvard Law School
- Speaker 2: Luca Radicati, Partner, Bonelli Erede Pappalardo; Professor of Private International Law, Milan’s Catholic University
1:00 p.m. Lunch Break
3:00 p.m. Roundtable Discussion with In-House Counsel
During this session, in-house counsel from various corporations will discuss their experience and approach to dispute resolution. In particular, they will provide their views on arbitrator selection and their companies’ particular requirements, if any, for choosing arbitrators.
- Angelica Nunez-Anico, Legal Director, Stream/Repsol - Gas Natural
- Mark Morril, former Deputy General Counsel, Viacom; Independent Arbitrator, MorrilADR
- Kenneth Resnick, Vice President & General Counsel, GE Oil & Gas, Professor of International Business Ethics, Syracuse University
- Pietro Gallizi, Senior Vice President and General Counsel, Saipem S.p.A.
- Franco Guariglia, Group Legal & Corporate Affairs Director, Barilla Holding S.p.A.
- Federica Tognoni, Legal Counsel, Tesmec Group
- Alessandro Curotti, Head of Legal Department, Salvatore Ferragamo S.p.A.,
Moderators:
- Giuseppe Conte, Professor of Law, University of Florence School of Law
- Josefa Sicard-Mirabal, Director, Arbitration & ADR, North America, ICC International Court of Arbitration®; Adjunct Professor, Fordham Law School
4:00 p.m. Coffee Break
4:15 p.m. Roundtable Discussion (continued)
5:00 p.m. End of third day
Thursday, July 25, 2013
10:00 a.m. Conducting the Arbitration
- The Request
- Terms of Reference
- Hearing and Evidence
- Discovery
- Experts
- Conservatory and interim measures
- Costs
This session will address how parties commence an arbitration and how the arbitral procedure is conducted. We will discuss the ICC arbitration process step-by-step, including the Request for Arbitration, the Terms of Reference, cost calculations, the hearings and the presentation of evidence. We will also address party requests for conservatory or interim measures.
- Speaker 1: Luis O'Naghten, Partner, Chair of the International Litigation and Arbitration Group, Akerman Senterfitt; Adjunct Professor, University of Miami Law School and Universidad Panamericana
- Speaker 2: Peter Sherwin, Partner, Head of the International Arbitration Group, Proskauer Rose LLP
11:00 a.m. Coffee Break
11:30 a.m. Conducting the Arbitration (continued)
- Speaker 1: Luis O'Naghten, Partner, Chair of the International Litigation and Arbitration Group, Akerman Senterfitt; Adjunct Professor, University of Miami Law School and Universidad Panamericana
- Speaker 2: Peter Sherwin, Partner, Head of the International Arbitration Group, Proskauer Rose LLP
1:00 p.m. Lunch Break
3:00 p.m. Practical Session on Cross-Examination
- Comparative approach: EU vs. US
- Techniques
- Comparison to litigation
This session will delve deeper into the presentation of evidence. We will compare and contrast how various legal traditions handle questioning witnesses, with a particular emphasis on comparing and contrasting the practices of the European Union and the United States. During this session, we will present a brief mock cross-examination of a witness.
- Speaker 1: Eridania Perez, Partner, Patton Boggs LLP
- Speaker 2: Maria Beatrice Deli, Professor of Law, University “La Sapienza” of Rome; Secretary General, Italian Association of Arbitration
4:00 p.m. Coffee break
4:15 p.m. Practical Session on Cross-Examination (continued)
- Speaker 1: Eridania Perez, Partner, Patton Boggs LLP
- Speaker 2: Maria Beatrice Deli, Professor of Law, University “La Sapienza” of Rome; Secretary General, Italian Association of Arbitration
5:00 p.m. End of fourth day
Friday, July 26, 2013
9:30 a.m. The Arbitral Award
- Need for Reasoning in the Award
- Scrutiny of the Award
- Recognition and Enforcement
- Setting Aside an Award
- UN Convention and the public policy exception
- Review and Standards of Review
This session will address the final stages of an arbitration, including the rendering of the arbitral award and enforcement procedures. The ICC requires that arbitrators state reasons for their decisions. In addition, the ICC reviews each and every arbitration award during its scrutiny process to ensure consistency, quality and thoroughness. After the award has been issued, the parties will seek recognition and enforcement of the award. What are the parties’ options for enforcing or for setting aside or blocking the enforcement of the award? We will look to the New York Convention for answers and explain the standards of review that a domestic court may or may not use when determining whether to grant or deny the recognition and enforcement of an international arbitration award.
- Speaker 1: Andrea Carlevaris, Secretary General, International Court of Arbitration®
- Speaker 2: Fernando Mantilla-Serrano, Partner, Sherman & Sterling LLP; Lecturer, Université de Versailles and Université de Paris XI
11:00 a.m. Coffee break
11:30 a.m. The Arbitral Award (continued)
- Speaker 1: Andrea Carlevaris, Secretary General, International Court of Arbitration®
- Speaker 2: Fernando Mantilla-Serrano, Partner, Sherman & Sterling LLP; Lecturer, Université de Versailles and Université de Paris XI
1:00 p.m. Closing of Seminar; Final Remarks
- Giuseppe Conte, Professor of Law, University of Florence School of Law
- Josefa Sicard-Mirabal, Director, Arbitration & ADR, North America, ICC International Court of Arbitration®; Adjunct Professor of Law, Fordham Law School
1:20 p.m. End of Seminar
Ultimo aggiornamento
25.02.2021