12Mar 18

33rd Annual Joint Symposium of Arbitrators

London, United Kingdom, • English

The 33rd Joint Symposium of the School of International Arbitration and the ICC Institute of World Business Law will examine the topical subject of Ethics in International Arbitration.

Description

While the discussion on ethics has often focused on ethical duties for arbitrators and counsel, the speakers of the Symposium will discuss a wide range of topics in addition to ethical duties for arbitrators and party representatives, including ethical duties for experts, witnesses, parties, and funders in international arbitration. Participants at the Symposium will have the opportunity to listen to practical and informative presentations from experienced arbitration lawyers, arbitrators, counsel and funders.

Speakers

Joint Chairs: 

Stavros Brekoulakis, Professor, School of International Arbitration, Queen Mary University of London, United Kingdom

Yves Derains, Chairman, ICC Institute of World Business Law, Paris

Domitille BaizeauPartner, Lalive, Geneva
James CastelloPartner, King & Spalding International LLP, France
Susan DunnFounder, Harbour, United Kingdom
Ania FarrenPartner, Berwin Leighton Paisner LLP, United Kingdom
Jean-Luc GuiteraPartner, KPMG SA, France
Christopher Harris3 Verulam Buildings, United Kingdom
Paula HodgesPartner, Herbert Smith Freehills LLP, United Kingdom
Jean-Christophe HonletPartner, Dentons, France
Laurent LévyPartner, Lévy Kaufmann-Kohler, Paris
Fernando Mantilla-Serrano Partner, Latham & Watkins, France
Abhijit MukhopadhyayPresident (Legal) and General Counsel, Hinduja Group, United Kingdom
Audley SheppardPartner, Clifford Chance LLP, United Kingdom
Marie StoyanovPartner, Allen & Overy, France
Stephan WilskePartner, Gleiss Lutz, Germany
Asli YilmazCounsel, ICC International Court of Arbitration, Paris
Michael YoungPartner, Quinn Emmanuel Urquhart & Sullivan LLP, France

Programme

09:00 – 09:30Registration and coffee
09:30 – 09:45Welcome address
Stavros Brekoulakis, Professor, School of International Arbitration, Queen Mary University of London, United Kingdom  
09:45 – 11:00Ethical Rules and Duties for Arbitrators 
Issues to be addressed:
– What are the ethical obligations of arbitrators and what is the source of such obligations? What kind of conduct should be considered inappropriate for arbitrators?
– Is there a trend for an increasing number of challenges against arbitrators lately? More generally, is there an increasing tension between arbitrators and counsel? If yes, is the practice of unilateral appointments responsible for the increasing number of challenges and tension in arbitration?
– What are the standards and tests for bias in different jurisdictions? Are there different standards for party-appointed arbitrators than for presiding/sole arbitrators?
– What are greatest ethical challenges for today’s arbitrators? Are the multiple roles of a modern practitioner, who may act as counsel, expert and arbitrator, threatening arbitrators’ impartiality?
Paula Hodges, Partner, Herbert Smith Freehills LLP, United Kingdom

Audley Sheppard, Partner, Clifford Chance LLP, United Kingdom

Fernando Mantilla-Serrano, Partner, Latham & Watkins, France

Laurent Lévy, Partner, Lévy Kaufmann-Kohler, Geneva

11:00 – 11:15Coffee Break
11:15 – 12:30 Ethical Rules and Duties for Party Representatives in International Arbitration 
Issues to be addressed:
– What are the ethical obligations of party representatives and what is the source of such obligations? What kind of conduct should be considered inappropriate for party representatives?
– Have the IBA Guidelines on Party Representatives in International Arbitration made any difference in counsel’s conduct before international tribunals? Are there any practical issues in applying the IBA Guidelines? Are there any areas that can be improved in the future?
– How do arbitration institutions address ethical issues for party representatives? What more needs to be done and by whom?
– Are there different ethical perspectives for party representatives between civil and common law counsel in international arbitration?
What are the main areas of tension between civil and common law counsel?
Domitille Baizeau, Partner, Lalive, Geneva

Ania Farren, Partner, Berwin Leighton Paisner LLP, United Kingdom

Asli Yilmaz, Counsel, ICC International Court of Arbitration, Paris

James Castello, Partner, King & Spalding International LLP, France

12:30 – 14:15Lunch 
14:15 – 15:30Ethical Duties for Experts, Witnesses and Parties in International Arbitration 
Issues to be addressed:
– What are the ethical obligations of experts in international arbitration and what is the source of such obligations? Is the common perception of experts as hired guns justified?
– What are the ethical obligations of witnesses in international arbitration and what is the source of such obligations? What are the potential sanctions for witnesses who violate their ethical obligations?
– What are the ethical obligations of parties in international arbitration and what is the source of such obligations?
– What are the main ethical challenges of counsel in dealing with experts, witnesses and parties in international arbitration?
Jean-Luc Guitera, Partner, KPMG SA, France

Stephan Wilske, Partner, Gleiss Lutz, Germany

Abhijit Mukhopadhyay, President (Legal) and General Counsel, Hinduja Group, United Kingdom

Marie Stoyanov, Partner, Allen & Overy, France

15:30 – 15:45Coffee Break 
15:45 – 17:00Ethical Rules and Duties for Funders in International Arbitration
Issues to be addressed:
– What are the ethical obligations of funders in international arbitration and what is the source of such obligations?
– Should funders and funded parties be subject to rules for disclosure in international arbitration? In which circumstances? What ethical challenges third-party funding presents for arbitrators?
– Should funders be directly liable for adverse costs in international arbitration? If yes, what are the best ways to achieve this in international arbitration?
– What are the ethical challenges for counsel and law firms in dealing with third-party funding? What ethical duties do they owe to their parties especially in portfolio funding? What are the ethical challenges for counsel and law firms in the context of contingency fee agreements?
Susan Dunn, Founder, Harbour, United Kingdom

Christopher Harris, 3 Verulam Buildings, United Kingdom

Jean-Christophe Honlet, Partner, Dentons, France

Michael Young, Partner, Quinn Emmanuel Urquhart & Sullivan LLP, France

17:00 – 17:15Conclusion
Yves Derains, Chairman, ICC Institute of World Business Law, Paris

Logistical notes

Date and venue Date: 12 March 2018
Venue: Herbert Smith Freehills LLP, Exchange House,
Primrose St, London EC2A 2EG
Registration feesAcademics and Students: £120

Standard Registration: £175

 

For more information, please visit: School International Arbitration