06-08May

6th ICC MENA Conference on International Arbitration

Dubai, United Arab Emirates, • English
ICC MENA Conference on International Arbitration

Taking place on 6-8 May 2018, this annual conference is a “must attend” for arbitration professionals who want to keep up to date on the latest arbitration developments in the MENA region.

The conference will offer a line-up of top-class speakers, topical discussions and relevant news, but also an excellent opportunity to network.

Description

Who should attend?

  • Practising lawyers
  • Corporate counsel
  • Arbitrators
  • Mediators
  • Business professionals and academics coming from or doing business in the MENA region

The ICC Institute advanced level training on “Assessment of damages by arbitrators” will take place on 6 May 2018.

6 May Training programme

Advanced training: Assessment of damages by arbitrators – Sunday 6 May 2018

09.00-09.15Welcoming address, introduction and presentation of the training
Co-Chair: Nicolas Bourdon, Partner, Accuracy, France
Co-Chair: Richard Kreindler, Partner, Cleary Gottlieb Steen & Hamilton LLP, Frankfurt/New York, Germany/United States; Council Member, ICC Institute of World Business Law; Honorary Professor of Law, University of Münster, Germany
09.15-10.00The Tribunal’s discretion to award damages versus the Tribunal’s duty to issue a reasoned decision
The extent of financial reasoning requiring in the award
The right of the Tribunal to reject both of the experts’ financial models without nominating an independent expert
Richard  Kreindler, Partner, Cleary Gottlieb Steen & Hamilton LLP, Frankfurt/New York, Germany/United States; Council Member, ICC Institute of World Business Law; Honorary Professor of Law, University of Münster, Germany
Kathleen Paisley, Partner, AMBOS Law, Belgium/United Kingdom
10.00-10.30Q&A
10.30-10.45Coffee break
10.45-11.30Financial approaches to assessing damages
The uncertainty of the DCF method
Other tools outside the DCF/FMV dichotomy
The need for a more exact science
Nicolas Bourdon, Partner, Accuracy, France
Andrew MacKenzie, Partner, Baker& McKenzie Habib Al Mulla, Dubai, United Arab Emirates
11.30-12.30Q&A and case scenarios
12.30-13.30Lunch
13.30-14.15Damnum emergens, lucrum cessans, and moral damages – how to calculate without double-counting
In a case of unestablished business, where costs of the contract and loss of profit are sought
In a case of conflicting business plan and real purchase offers
How to calculate moral damages
Nicolas Bourdon, Partner, Accuracy, France
Noradèle Radjai, Partner, LALIVE, Switzerland
14.15-15.15Q&A and case scenarios
15.15 – 15.35Coffee break
15.35 – 16.20Award of interest: considerations for awarding compound post-award interest on costs, material and moral damages
Richard  Kreindler, Partner, Cleary Gottlieb Steen & Hamilton LLP, Frankfurt/New York, Germany/United States; Council Member, ICC Institute of World Business Law; Honorary Professor of Law, University of Münster, Germany
Craig Miles, Partner, King & Spalding, Houston, United States
16.20 – 17.20Q&A and case scenarios
17.20 – 17.30Closing remarks
Nicolas Bourdon, Partner, Accuracy, France
Richard  Kreindler, Partner, Cleary Gottlieb Steen & Hamilton LLP, Frankfurt/New York, Germany/United States; Council Member, ICC Institute of World Business Law; Honorary Professor of Law, University of Münster, Germany

Training speakers

Co-chairs

Nicolas BourdonPartner, Accuracy, France
Richard KreindlerPartner, Cleary Gottlieb Steen & Hamilton LLP, Frankfurt/New York, Germany/United States; Council Member, ICC Institute of World Business Law; Honorary Professor of Law, University of Münster, Germany

 

Speakers

Andrew MacKenziePartner, Baker & McKenzie Habib Al Mulla, Dubai, United Arab Emirates
Craig S. MilesPartner, King & Spalding, Houston, United States
Kathleen PaisleyPartner, AMBOS Law, Belgium/United Kingdom
Noradèle RadjaiPartner, LALIVE, Switzerland

7-8 May Conference programme

Monday 7 May 2018

08.15 – 08.45Optional breakfast
Launch of the Appointing Authority Rules
09.00 – 09.20Welcome remarks
Ali Al Aidarous, Chairman, ICC UAE Commission on Arbitration & ADR; Managing attorney, Al Aidarous Advocates & Legal Consultants, Dubai, United Arab Emirates
Sami Houerbi, Director for Eastern Mediterranean, Middle East & Africa, ICC International Court of Arbitration, Abu Dhabi/Tunis
09.20 – 09.40Opening keynote speech
Alexis Mourre, President, ICC International Court of Arbitration, Paris
09.40 – 10.55The 20-20 Debate: arbitrator and counsel ethics
What effect do published rules (IBA, CIArb..) have on the topic? Do they influence the way the problems at stake are dealt with? Should arbitral institutions play a policing role in this respect?
Essam Al Tamimi, Senior Partner, Al Tamimi & Co, Dubai, United Arab Emirates
Sherina Petit, Partner and Head of India Practice, Norton Rose Fulbright, United Kingdom
Carita Wallgren-Lindholm, Arbitrator, Finland; Chair, ICC Commission on Arbitration and ADR; Member, ICC International Court of Arbitration & ICC Institute of World Business Law
Matthew Weiniger QC, Partner, Global Co-Head of International Arbitration, Linklaters LLP, United Kingdom
Chaired by: Alexis Mourre, President, ICC International Court of Arbitration, Paris
10.55 – 11.25Discussion
11.25 – 11.45Coffee break
11.45 – 13.00Hercules’ Pillars: navigating past the civil and common law divide
This interactive panel will identify a number of recurring procedural and substantive issues and then challenge the proposition that their handling in international arbitration depends on the cultural background of counsel and decision-makers. The panel shall propose a case scenario and discuss the possible approaches to solving it by analysing i.a. the issues below:
– contract interpretation and good faith
– contract termination
– claims and damages (global claims, liquidated damages)
– burden of proof and standard of proof
iura novit arbiter and reasoning
– document production
– cross-examination
– expert evidence (partly appointed vs/tribunal appointed)
Mohamed S. Abdel Wahab, Founding Partner & Head of the International Arbitration, Zulficar & Partners Law Firm, Egypt; Chair of Private International Law, Cairo University; Vice-President, ICC International Court of Arbitration
Celine Abi Habib Kanarki, Counsel, Dispute Resolution, Baker & McKenzie Habib Al Mulla, Dubai, United Arab Emirates
Julian Cohen, Barrister and arbitrator, Gilt Chambers, Hong Kong
Erin Miller Rankin, Partner, Disputes, Freshfields Bruckhaus Deringer LLP, Dubai, United Arab Emirates/Singapore
Chaired by: Dorothee Ruckteschler, Partner and Head of CMS International Arbitration Group, CMS Hasche Sigle, Germany
13.00 – 13.30Discussion
13.30 – 15.00Lunch
15.00 – 16.30Parallel sessions
Drafting prayers for relief: a guide to successThe many faces of confidentiality
This session will explore the questions of how to best formulate requests for declarations, specific performance and monetary relief; amending prayers for relief during the proceedings and introducing new claims; and clarifying prayers for relief by arbitrators with the view of minimizing problems at the enforcement stage.This session will deal with questions such as confidentiality versus privacy, implied duty of confidentiality in arbitration and its boundaries, confidentiality obligation by arbitral institutions and protection of business secrets.
Gordon Blanke, Partner, DWF, Dubai, United Arab Emirates; Vice-Chair, ICC UAE Commission on Arbitration & ADR Steering CommitteeChiann Bao, Asia Pacific Counsel, International Litigation and Arbitration, Skadden Arps, Slate, Meagher & Flom LLP, Hong Kong
Eda Cerrahoğlu Balssen, Partner, Arbitration Department, Cerrahoğlu Law Firm, TurkeyNadine Debbas Achkar, FCIArb, Attorney and Arbitrator, Lebanon
Thanos Karvelis, Partner, Galadari Advocates & Legal Consultants, Dubai, United Arab EmiratesPeter Rosher, Partner, Reed Smith LLP, France
Christopher Mainwaring-Taylor, Partner, Allen & Overy LLP, Dubai, United Arab EmiratesShahram Shams, Partner, Sheed Associates, Iran
Chaired by: Christohper Boog, Partner, Schellenberg Wittmer, SwitzerlandChaired by: Karl Hennessee, FRAes, Senior Vice President, Head of Litigation, Investigations & Regulatory Affairs – Airbus Group Legal & Compliance, Airbus SAS, France; President, Governing Body, ICC International Court of Arbitration
17.00 – 18.30Cocktail reception


Tuesday 8 May 2018

07.30 – 08.45Optional Joint ArbitralWomen and WiAR breakfast

“Expertise: a Woman’s No Man’s Land ?” 

Download breakfast session flyer

Iryna Akulenka, Consultant, HKA, Dubai, United Arab Emirates
Nayiri Boghossian, Partner, Al Owais Advocates & Legal Consultants, Dubai, United Arab Emirates
Mohamed Elghatit, Founder & Co-Managing Partner, OGH Legal, Dubai, United Arab Emirates
Laila El Shentenawi, Senior Associate, Al Tamimi & Company, Dubai, United Arab Emirates
Dania Fahs, Deputy Director, ICC ME Representative Office, Abu Dhabi
Sara Koleilat-Aranjo, Senior Associate, Al Tamimi & Company, Dubai, United Arab Emirates
Moderated by: Roula Harfouche, Partner, Accuracy, London; Valuation and damages expert witness
09.00 – 10.15Expedited Procedures: a global review, one year later
An interactive discussion will include the following topics:
– A change of mindset in arbitration practice
– Balancing due process and efficiency
– Opting in and opting out
– Preparing for conducting a case under the expedited procedure
– Review of the First year of application of the ICC Expedited Procedure Provisions: origin and type of cases, profile of sole arbitrators, time required
Kim Franklin QC, Crown Office Chambers, United Kingdom
Marcus Antoine Khoury, Senior Legal Counsel (Arbitration), Consolidated Contractors International Company, Abu Dhabi, United Arab Emirates
Mohamed Shelbaya, Partner, Shearman & Sterling LLP, France/United Arab Emirates
Asli Yilmaz, Counsel, ICC International Court of Arbitration, Paris
Chaired by: Ziva Filipic, Managing Counsel, ICC International Court of Arbitration, Paris
10.15 – 10.45Discussion
10.45- 11.15Coffee break
11.15 – 12.30Joint Ventures: opening Pandora’s box (or keeping it closed)
Arbitration with joint venture parties raises novel and complex substantive and procedural issues. The topics this panel will explore and discuss with the audience include:
– Non-incorporated joint-ventures: legal capacity v. standing to sue and be sued, power of attorney
– Multiparty and multi-contract scenarios in JV disputes: jurisdiction over non-signatory JV or JV partner, joinder of additional parties; constitution of arbitral tribunal
– Applicable law: lex contractus v lex societatis, public policy, Islamic law (e.g. Mahassa)
– Arbitrality of corporate governance issues
– Liability of JV partners
– Drafting efficient choice of law and dispute resolution provisions in JV agreements;
– Enforcing awards in JV disputes and local legislation
– The specificities of exit provisions in JV arrangements: American or “shotgun” clauses, call and put options, tag-along and drag along provisions; the role of Expertise and Emergency Arbitrator in the valuation process
Amal Bouchenaki, Counsel, Herbert Smith Freehills New York LLP, United States
Lara Hammoud, Senior Legal counsel, Abu Dhabi National Oil Company, Abu Dhabi, United Arab Emirates
Amani Khalifa, Principal, Khalifa Associates, Egypt
Marwan Sakr, Partner, SAAS, Lebanon
Chaired by: Mireille Taok, Avocat, Member of the Paris Bar, France
12.30 – 13.00Discussion
13.00 – 14.30Lunch
14.30 – 16.00Proving your Claim in International Arbitration
The role of in-house and external expert advice in determining and proving the quantum of claims: Claim for what you can show, and show what you claim for.
Raid Abu-Manneh, Partner, Mayer brown International LLP, United Kingdom
Affef Ben Mansour, Public International Law and International Arbitration Lawyer, Savoie Arbitration, France
Daniel Garton, Partner, White & Case LLP, United Kingdom
Gordon Moffat, Managing Director, GMCS, Dubai, United Arab Emirates
Chaired by: Samaa A.F. Haridi, Partner, Hogan Lovells US LLP, New York, United States
16.00 – 16.30Discussion
16.30 – 16.45Closing Remarks
Ziva Filipic, Managing Counsel, ICC International Court of Arbitration, Paris
Sami Houerbi, Director for Eastern Mediterranean, Middle East & Africa, ICC International Court of Arbitration, Abu Dhabi/Tunisia

Conference speakers

Mohamed S. Abdel WahabFounding Partner & Head of the International Arbitration, Zulficar & Partners Law Firm, Egypt; Chair of Private International Law, Cairo University; Vice-President, ICC International Court of Arbitration
Celine Abi Habib KanakriCounsel, Dispute Resolution, Baker & McKenzie Habib Al Mulla, Dubai, United Arab Emirates
Raid Abu-MannehPartner, Mayer Brown International LLP, United Kingdom
Iryna Akulenka Consultant, HKA,  Dubai, United Arab Emirates
Ali Al AidarousManaging Attorney, Al Aidarous Advocates & Legal Consultants; Chairman, ICC UAE Commission on Arbitration & ADR
Essam Al TamimiSenior Partner, Al Tamimi & Co, Dubai, United Arab Emirates
Chiann BaoAsia Pacific Counsel, International Litigation and Arbitration, Skadden, Arps, Slate, Meagher & Flom LLP, Hong Kong
Affef Ben MansourPublic International Law and International Arbitration Lawyer, Savoie Arbitration, France
Gordon BlankePartner, International Commercial & Investment Arbitration, DWF (Middle East) LLP, Dubai, United Arab Emirates; Vice-Chair, ICC UAE Commission on Arbitration & ADR Steering Committee
Nayiri BoghossianParnter, Al Owais Advocates & Legal Consultants, Dubai, United Arab Emirates
Christopher BoogPartner, Schellenberg Wittmer, Switzerland
Amal BouchenakiPartner, Herbert Smith Freehills New York LLP, United States
Eda Cerrahoğlu BalssenPartner, Arbitration Department, Cerrahoğlu Law Firm, Turkey
Julian CohenBarrister and Arbitrator, Gilt Chambers, Hong Kong
Nadine Debbas AchkarFCIArb, Attorney and Arbitrator, Lebanon
Mohamed ElghatitFounder & Co-Managing Partner, OGH Legal, Dubai, United Arab Emirates
Dania FahsDeputy Director, ICC ME Representative Office, Abu Dhabi
Ziva FilipicManaging Counsel, ICC International Court of Arbitration, Paris
Kim Franklin QCCrown Office Chambers, United Kingdom
Daniel GartonPartner, White & Case LLP, United Kingdom
Lara HammoudSenior Legal Counsel, ‎Abu Dhabi National Oil Company, Abu Dhabi, United Arab Emirates
Roula HarfouchePartner, Accuracy, London; Valuation and damages expert witness
Samaa A. F. HaridiPartner, Hogan Lovells US LLP, New York, United States
Karl HennesseeFRAes, Senior Vice-President, Head of Litigation, Investigations & Regulatory Affairs – Airbus Group Legal & Compliance, Airbus SAS, France; President, Governing Body, ICC International Court of Arbitration
Sami HouerbiDirector for Eastern Mediterranean, Middle East & Africa, ICC International Court of Arbitration, Abu Dhabi/Tunis
Thanos KarvelisPartner, Galadari Advocates & Legal Consultants, Dubai, United Arab Emirates
Amani KhalifaPrincipal, Khalifa Associates, Egypt
Marcus Antoine KhourySenior Legal Counsel (Arbitration), Consolidated Contractors International Company, Abu Dhabi, United Arab Emirates
Sara Koleilat-AranjoSenior Associate, Al Tamimi & Company, Dubai, United Arab Emirates
Christopher Mainwaring-TaylorPartner, Allen & Overy LLP, Dubai, United Arab Emirates
Erin Miller RankinPartner, Disputes, Freshfields Bruckhaus Deringer LLP, Dubai, United Arab Emirates/Singapore
Gordon MoffatManaging Director, GMCS, Dubai, United Arab Emirates
Alexis MourrePresident, ICC International Court of Arbitration, Paris
Sherina PetitPartner and Head of India Practice, Norton Rose Fulbright, United Kingdom
Peter RosherPartner, Reed Smith LLP, France
Dorothee RuckteschlerPartner and Head of CMS International Arbitration Group, CMS Hasche Sigle, Germany
Marwan SakrPartner, SAAS, Lebanon
Shahram ShamsPartner, Sheed Associates, Iran
Mohamed ShelbayaPartner, Shearman & Sterling LLP, France/United Arab Emirates
Mireille TaokAvocat, Member of the Paris Bar, France
Carita Wallgren-LindholmArbitrator, Finland; Chair, ICC Commission on Arbitration and ADR; Member, ICC International Court of Arbitration & ICC Institute of World Business Law
Matthew Weiniger QC Partner, Global Co-Head of International Arbitration, Linklaters LLP
Asli YilmazCounsel, ICC International Court of Arbitration, Paris

Logistical notes

Dates and venueDates: 6-8 May 2018
Venue: Park Hyatt, Dubai Creek Club St, Dubai, United Arab Emirates
Registration fees6th ICC MENA Conference
Early bird until 18 March 2018: €749
ICC members: €863
Non-members: €1079
Advanced Training
Early bird until 18 March 2018: €515
ICC members: €599
Non-members: €749
Package: Training and Conference (20% discount)
Early bird until  18 March 2018: €994
ICC members: €1172
Non-members: €1465
5% VAT will be applied to these rates

Registration fees include all conference documentation, coffee breaks, lunches and cocktail reception.
Special discountsGroup rates: Register 5 persons from the same company and pay for four.
In-house Counsel, full time Academics and Government representatives may benefit from a 30% discount.
Please contact events@iccwbo.org for more details.
Travel and accommodation Travel and hotel expenses are not included in the registration fees. Participants are responsible for making their own travel arrangements and hotel reservations.
ICC UAE has however secured a room block at the Park Hyatt with preferential rates. A link will be sent upon registration enabling participants to make their reservations directly.
Please note that the room block will expire on 31 March 2018. Hotel reservations received after this date will be accepted on a space available basis only at prevailing rates.
VisaVisa applications for entry into the UAE can take several weeks to process. If travelers from your country of citizenship require a visa to enter the UAE, we highly recommend that you begin the visa application process well in advance.
Working languageEnglish
Cancellation policy50% of the registration fees will be refunded if notice of cancellation is received in writing before Friday 6 April 2018. Cancellations after this date are not refundable.
Subject to agreement from ICC UAE prior to the event, the registration may be transferred to another person from the same company or organization at no extra charge.
Updated registration information will be required. Please be informed that any formation of cancellation will incur a cancellation fee of 5€ + 2.75% of the registration fee which must be covered by the participant.
Please note that ICC UAE reserves the right to cancel this event or to make minor alterations to the content and timing of the programme or to the identity of the speakers. In the unlikely event of cancellation, delegates will be offered a full refund. ICC UAE will not, however, be held responsible for any related expenses incurred by the participant.
DisclaimerThe photos and audiovisual recordings taken at this meeting/event may be used and published by ICC, its subsidiaries or affiliates, for information or promotional purposes in printed materials or online including on ICC websites and social media. Participation in the meeting/event implies agreement to such use of photos or audiovisual recordings in which the participant may appear unless ICC receives written notification to the contrary.

Registration

Sponsorship opportunity

This conference offers you an unrivalled opportunity to maximize your visibility to practicing lawyers, corporate counsel, business professionals, and academics coming from or doing business in the MENA region.

Learn more about Sponsoring the 6th ICC MENA Conference on International Arbitration.

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