3rd ICC European Conference on International Arbitration
1 April 2019 marks the 3rd ICC European Conference. This conference is a “must attend” for arbitration professionals who want to keep up to date on the latest institutional developments and the evolution of arbitration in Europe.
Followed by the PAW Opening Cocktail 19:00 – 22:30.
3 April 2019 the ICC Institute of World Business Law will organize its training on The Conduct of the Proceedings and Case Management – The Arbitrator’s Perspective.
Both are official events of the Paris Arbitration Week.
08:00-09:30 Registration and welcome coffee
08:30-09:30 Breakfast session: Euro-vision: a year in review By considering a variety of European jurisdictions, this rapid-fire panel session will comment and analyse key trends and developments that took place over the past year, from legislative changes to the setting aside and enforcement of arbitral awards.
09:30-09:50 Welcome addresses – ICC Arbitration in Europe today and tomorrow
09:50-10:20 Keynote speech
10:50-11:15 Coffee break
11:15-12:15 Roundtable: Intra-European vs Extra-European means for the settlement of investor-State disputes This roundtable will discuss the post-Achmea world of investor-State arbitration in Europe and the future of ISDS, covering issues such as res judicata, the scope for the application of ISDS under extra-EU BITs and the ECT, or arbitrator-counsel “double hatting” in investment arbitration. Bail-in measures affecting European banks and means of investor protection will also be commented upon, as well as the myths and realities of the EU and European Court of Human Rights remedies against expropriation and unfair or unequitable treatment.
14:15-15:15 Oxford style debate: The safeguard of international, European and domestic mandatory rules by arbitral tribunals – practical implications Recent case law indicates that mandatory rules, such as political or economic sanctions, EU mandatory rules on human rights or climate justice, can either impact arbitrability or enlarge the scope of the award review by courts in the context of setting aside/enforcement proceedings. This interactive Oxford style panel will debate the latest trends and analyse the practical implications they can have on arbitral practice.
15:45-16:15 Coffee break
16:15-17:15 Oxford style debate: The long arm of State justice. Managing documentary evidence obtained through a State’s special powers – ICC experience Sharing the ICC experience, this panel will review situations such as: – the use of evidence obtained by the State through its special investigatory powers, e.g. to investigate potential breaches of tax, crime, antitrust legislation allegedly committed by the counterparty in the arbitration. There is often a low burden of suspicious conduct required to initiate these investigations, yet the State can apply all its apparatus, with wide ranged and unrestricted investigatory powers, and obtain all sorts of evidence, which may be relevant to other proceedings involving the State. How should the arbitral tribunal deal with such situations in which the counterparty’s ability to gather evidence is so unbalanced? – The use of evidence obtained by the State through domestic judicial/administrative proceedings initiated by the State against the counterparty in the arbitration. – Parallel proceedings: the use of evidence obtained by a party through its participation in domestic proceedings, initiated by the State.