ICC Institute advanced level training on “Drafting enforceable awards”
Focusing on what can be referred to as the most prominent duty of an arbitrator, participants will learn the best practices pertaining to drafting awards and the ways of maximizing their enforceability. Accordingly, this interactive and practical training will focus on the procedural as well as formal requirements, and cover the issue of the necessary substantive accuracy of the award.
Welcoming address and introduction
Drafting an arbitral award: which drafting style?
Participants will receive first-hand guidelines and knowledge on best practices pertaining to award legal drafting styles. How legal systems and traditions can influence drafting techniques, the different approaches in civil and common law. How to improve the quality of the award, by getting away from the “copy and paste” drafting style, to properly reflect the reasons behind the arbitral decision, identifying how much “reasoning” is necessary to render a fully convincing award and secure its enforceability.
Drafting an arbitral award: spotlight on specific issues.
This session will focus on particular sections of the award which often present difficulties and challenges in particular: (1) Jurisdiction and applicable law (2) Damages (3) Auxiliary remedies: interest and costs
Introduction to scrutiny of the award by the ICC International Court of Arbitration (ICC Court).
Participants will gain a deeper insight into a distinctive feature of ICC arbitration, the ICC Court’s scrutiny of all draft awards. An ICC representative will share her expertise on the ICC Court scrutiny process, the different levels of review, the assistance and tools provided by the Secretariat of the Court, such as the “ICC Award Checklist”, to help arbitral tribunals, although respecting their liberty of decision, draft more legally effective awards.
Working groups: draft award review before scrutiny by the ICC Court.
Participants will be given the opportunity to study a draft award, in the conditions in which a draft award would be reviewed before scrutiny by the ICC Court. Each working group will be responsible for reviewing the draft award and will make its comments as if it were a Counsel of the Secretariat of the ICC Court.
Mock Court session: scrutiny of the award by the ICC Court and debate.
This is an opportunity for participants to witness the type of discussions that are held between members of the ICC Court and representatives of the Secretariat when reviewing a draft award. The parties to this mock court session will debate on the draft award reviewed by the working groups.
Apr 11, 2018
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Paris, ICC HQ, 33 avenue du Président Wilson, Paris 16th