The ICC International Court of Arbitration, The International Council for Commercial Arbitration (ICCA), and ICC Mexico are organizing a Congress to discuss the enforcement of local legal systems to ensure the efficiency of international arbitration decisions. This event will include debates on the enforcement of court or arbitrator-ordered interim measures, judicial assistance in the taking and disclosure of evidence, annulment under public policy grounds, among others.
Breakfast session 08:00 – 09:00 Breakfast session organized by the Commission on Arbitration & ADR of ICC Mexico featuring the work of ICCA’s Task Force on Damages in International Arbitration. Congress program 08:00 – 09:00 Registration 09:00 – 09:15 Welcome and opening remarks 09:15 – 09:45 Keynote address Introduction on the shared spheres of jurisdiction between arbitral tribunals and national courts and the importance of a pro-enforcement legal regime to ensure the efficiency and success of the arbitral international proceedings.
09:45 – 10:45 Panel on “Jurisdiction: the role of arbitral tribunals and courts” Approaches under different legal systems on allocation of jurisdictional competence between arbitral tribunals and national courts. Authority of an arbitral tribunal to consider and decide disputes over its own jurisdiction, existence, validity, legality and scope of the parties’ arbitration agreement.
10:45 – 11:15 Coffee break 11:15 – 12:30 Panel on “Enforcement of court or arbitrator-ordered interim measures” Enforceability of interim measures through national courts in different jurisdictions and tools that the arbitral tribunal has within its powers to ensure enforceability of interim measures (i.e. draw adverse inferences from the parties’ conduct).
12:30 – 13:45 Panel on “Judicial assistance in the taking and disclosure of evidence” Arbitrators generally enforce disclosure orders by seeking assistance of national courts, particularly when the orders are directed to third parties. Experience on requesting judicial assistance in the taking and disclosing evidence in different jurisdictions.
13:45 – 15:30 Lunch speech Advantages and drawbacks of the judiciary intervention or assistance in Latin America. Principal tensions between arbitral tribunals and national courts
15:30 – 17:00 Panel on “Annulment under public policy grounds” Interpretations in distinct jurisdictions of the concept of public policy as well as the standards used to prove its violation in order to avoid the enforcement of an arbitral award. Strategies used by counsel to minimize the risk of annulment under grounds of public policy by national courts. Grounds for refusal of enforcement in Article V of the New York Convention
17:00 – 17:15 Coffee break 17:15 – 18:30 Panel on “National Court’s discretion to enforce an award that has been annulled in its primary jurisdiction” Article V(1)(e) of the New York Convention has been interpreted as granting discretion to National Courts for enforcing awards that were annulled in the seat of arbitration. It seems to be two different approaches, either to recognize the finality of the award or either the international comity in recognizing the judgment of a court in a primary jurisdiction. Are there other grounds for refusal of enforcement that might be equally or perhaps even more interesting for discussion, such as issues around arbitrability?
18:30 – 18:45 Conclusions and closing remarks 19:00 Cocktail reception
Mar 26, 2019
Four Seasons Hotel, Gran Salón, Paseo de la Reforma 500, Mexico City, Mexico.