01 Dec 16

Dispute Prevention and Settlement through Expert Determination and Dispute Boards

Paris, France, • English and French with simultaneous translation

The ICC Institute of World Business Law will gather practitioners interested in the practice, study, and development of international business law and international commercial arbitration at its 36th Annual Meeting.

Description

36th Annual Meeting of the ICC Institute of World Business Law

The 36th Annual Meeting of the ICC Institute of World Business Law is dedicated to expert determination and Dispute Boards as alternative means of dispute prevention and settlement.Expert determination has a long tradition in both civil and common law jurisdictions and is increasingly used in varying contexts ranging from construction to M&A disputes. Contributors at the Conference will elaborate on its most salient features and applications in modern commercial life and its interactions with international commercial arbitration and outline its advantages as a dispute prevention and settlement technique. Also, contributions will point to its pitfalls and how appropriate contract drafting may better manage risks involved in its use.

Dispute Boards have come of age yet their benefits go too often unrecognized. The afternoon session aims at positioning Dispute Boards in context and is dedicated to a hands-on approach aimed at conveying a fuller understanding of the process and its growing role throughout the world.

Where do Dispute Boards come from? Why are they described as an in situ justice: the ICC Dispute Boards Rule of 2015? Are construction projects with a Dispute Board more successful, time and cost wise: the FIDIC example. Why are Dispute Boards attractive to multinational agencies and lending institutions? Do lawyers sitting on Dispute Boards render a different “justice” to Engineers? How do judicial courts contribute to enhancing the process?


Who should attend

All professionals involved in international trade and dispute resolution: lawyers, arbitrators, judges, academics, corporate counsel and compliance officers.


ICC Institute of World Business Law

The ICC Institute of World Business Law, which acts as a think-tank working closely with the ICC International Court of Arbitration, is composed of a Council of 34 members of 21 nationalities, all experienced professionals or academics in international business law or international commercial arbitration, as well as over 200 members from around the world. In line with its philosophy of excellence, the ICC Institute organizes this annual conference, an occasion for legal experts to deliberate on a topical issue and contribute towards reflection on new practices in international arbitration.

Programme

Thursday 1 December 2016 (09:30 – 17:30)

09:00 – 09:30 Registration

Expert Determination

MORNING (09:30 – 13:00)

• Opening and Introduction

• Expert Determination: the Civil Law Perspective

• Expert Determination: the Common Law Perspective

• 2015 ICC Rules for the Proposal of Experts and Neutrals, for the Appointment of Experts and Neutrals and for the Administration of Expert Proceedings

• Panel Discussion and General Discussion

13:00 – 14:30 Lunch

Dispute Boards

AFTERNOON (14:30 – 18:00)

• Introduction

• History, overview and update on Dispute Boards around the world

• The revised ICC Dispute Board Rules of 2015

• Dispute Boards in practice as prevention of disputes and complement to arbitration

• Settlement of disputes under the FIDIC forms of contract

• Dispute Boards: multinational development banks, other international financial institutions and PPP projects

• Balancing the contract terms (common sense) and governing law in the decision-making process by Dispute Boards

• Recent case law on Dispute Boards

• Conclusions and closing

18:00 – 19:00 Cocktail reception

Speakers

Chairman of the ICC Institute of World Business Law

Yves Derains , Founding Partner, Derains & Gharavi, France; Former Secretary General, ICC International Court of Arbitration


Co-Chairs of this 36th ICC Institute Annual Meeting

Filip De Ly , Professor of Law, Erasmus University, The Netherlands; Council Member, ICC Institute of World Business Law

Paul-A. Gélinas , Independent Arbitrator, France; Council Member, ICC Institute of World Business Law


Confirmed speakers

Mauricio Almeida Prado , Partner, L.O. Baptista, Schmidt Valois Miranda Ferreira & Agel, Brazil; Member, ICC Institute of World Business Law

Richard Appuhn , Dispute Resolution Practitioner, Richard Appuhn Consulting Services, Italy

Fabienne Borde , Partner, PricewaterhouseCoopers, France

Andrea Carlevaris , Secretary General, ICC International Court of Arbitration; Director, ICC Dispute Resolution Services, Paris

Antonio Crivellaro , Of Counsel, Bonelli Erede Pappalardo, Italy; Council Member, ICC Institute of World Business Law

Pauline Ernste , Associate, NautaDutilh N.V., The Netherlands

Clive Freedman , FCIArb, FBCS; Barrister, 3 Verulam Buildings, United Kingdom

Pierre Genton , Dispute Board Member and Chair, mediator, adjudicator and arbitrator, PMG Ingénieurs-Economistes Conseils, Switzerland

Crenguta Leaua , Managing Partner, Leaua & Asociatii, Romania; Vice-President, ICC International Court of Arbitration

Alina Leoveanu , Manager, ICC International Centre for ADR, Paris

Aisha Nadar , Consultant, Advokatfirman Runeland AB, Sweden; Member, FIDIC Executive Committee

James Perry , Partner, PS Consulting, France

Christopher R. Seppälä , Partner, White & Case, France; FIDIC’s Observer, ICC International Court of Arbitration; Legal Advisor, Contracts Committee, FIDIC; Member, ICC Institute of World Business Law

Logistical Notes

Date

Thursday 1 December 2016

Venue

L’Hôtel des Arts et Métiers
9 bis, avenue d’Iéna, 75116 Paris, France

Registration fees

The registration fee includes all conference documentation, lunch and cocktails, as well as a copy of the publication of the proceedings of the conference, should they be published. Travel and hotel expenses are not included.

Until Friday 21 October 2016
Special early-bird rate: 759€* (€910,80 incl. VAT)

After Friday 21 October 2016
ICC Member rate: 910€* (€1092 incl. VAT)
Non-Member rate: 1092€* (€1310,40 incl. VAT)

excl. VAT 20%. ICC Services must set its prices to include the VAT pursuant to Article 53 of the European Directive 2006-112CE.

To request a VAT refund:
– Foreign companies established in another member country of the European Union should consult the VAT Refund Web Portal of the General Directorate of Taxes in their country
– Foreign companies established outside the European Union should fill in form n° 3559 SD from the Direction Générale des Finances Publiques in France
For more information, please consult the following website:http://www2.impots.gouv.fr/dresg/pas-etb-stable/rembt-tva.htm

Special discounts

ICC Members may benefit from an extra 5% discount. Please contact your local NC to obtain your discount code.
Group rates : Register five persons from the same company and pay for four.
In-house Counsel, full time Academics, Government representatives may benefit from a 30% discount. Please contact events@iccwbo.org for more details.

Travel and accommodation

Participants are responsible for making their own travel arrangements and hotel reservations.

We are only able to dispatch visa invitation letters to support your visa application once we have received your registration form and full payment of your registration fees.

Working languages

English and French . Simultaneous interpretation will be provided.

Credits and hours

ICC Training and Conferences is eligible for CLE credit under New York ‘s approved jurisdiction procedures, is a State Bar of California approved MCLE provider and is a Solicitors Regulation Authority and General Council of the Bar of England and Wales External CPD Course Provider. French bars : This training has been sent for CNB approval. Lawyers practising in France may apply for the reimbursement of this course before the FIFPL (Fonds Interprofessionnel de Formation des Professionnels Libéraux), subject to terms and conditions.

Continuing legal education: organization registered in France under n° 11 75 40892 75.

Cancellation policy

50% of the registration fee will be refunded if notice of cancellation is received in writing before 2 November 2016 . Cancellations after this date are not refundable. Subject to agreement from ICC Training and Conferences 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 note that ICC Services 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 Services will not, however, be held responsible for any related expense incurred by the participant.

Disclaimer

The photos and audiovisual recordings taken at this meeting/event may be used and published by ICC, its subsidiaries or affiliates, for informational or promotional purposes in printed materials or online, including on ICC websites and in 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 Services receives written notification to the contrary.

For more information

  • Katharine Bernet
  • +33 1 49 53 28 91
  • Programme and logistics
  • Mouna El Jabri
  • + 33 1 49 53 28 67
  • Registration issues
  • Sandra Sanchez Nery
  • +33 1 49 53 28 42
  • Sponsorship