21Sep 18

ICC Advanced Arbitration Academy for Asia – Workshop II

Mumbai, India, • English

This course is organized over two years divided into 8 one-day workshops which take place every three months in 6 different cities: Hong Kong, Mumbai, Shanghai, Tokyo, Singapore, Beijing

Description

Learning outcomes

The programme covers the main stages of the arbitration proceedings from an arbitrator’s point of view. It aims at improving legal knowledge and developing practical skills such as efficient case management and drafting.

Participants who successfully complete the course will have acquired a strong command of the arbitration procedures and techniques, and shall be fully capable of acting as arbitrators in international arbitration cases.

This course is also a unique opportunity for exchanging and networking with leading professionals in the field.

Who should attend?

This advanced level professional training is designed primarily for senior and upper mid-level arbitration practitioners interested in pursuing a career as an arbitrator. Priority will be given to nationals from Asian countries. Both institutions and arbitration practitioners would benefit from this programme.

This programme is limited to 40 participants who possess an advanced knowledge of the English language and sufficient experience in international arbitration.

Please note that a Curriculum Vitae is requested upon registration as candidates will be selected according to their experience.

Description

This course is organized over two years, divided into 8 one-day workshops which take place every three months.
Each workshop will consist of:

• Review and study by the participants of relevant topics on the basis of recommended materials;
• Analysis of practical situations based on ICC cases;
• Drafting procedural documents (correspondence with the parties, Terms of References, Procedural Orders, Awards etc.);
• Colloquia where key-note speakers discuss practical situations with the participants.

Qualification exercises

At each session the participants will be provided with a list of required and recommended reading for the next session. The session colloquia shall be structured on the assumption that the participants have studied the list of required and recommended reading. Participation in the workshop discussions is essential.

Written exercises shall be organized in relation to the topics covered at the session. Guidelines and materials for the written exercises will be provided. The exercises shall be read by the tutors; feedback shall be provided at the beginning of the following session.

Logistical notes

A certificate will be issued upon successful completion of the course by the ICC Institute of World Business Law to provide public recognition of the level of expertise gained. The certificate shall only be given to those participants who attended at least seven sessions and successfully completed 100% of the written exercises.

The ICC Advanced Arbitration Academy for Asia is reserved to 40 participants who commit to participating in all eight workshops. This course is fully booked.

If you wish to be kept informed of future editions of the ICC Advanced Arbitration Academy, please contact events@iccwbo.org.

Programme

Workshop II: Jurisdiction of Tribunal 

TitleWorkshop II: Jurisdiction of Tribunal 
Date and venueFriday 21 September 2018 – Mumbai, India 
Topics2.1 Arbitration agreement
– Form of arbitration agreement
– Arbitrability
– Material terms of arbitration agreement
– Non-signatories:
Group of companies doctrine
States
Guarantor
2.2 Pre-arbitration procedures
– Pre-arbitration settlement procedure
– FIDIC contracts
2.3 ICC Prima Facie Decision on jurisdiction
– Procedure
– Criteria
2.4 Competence-Competence principle
– Parallel proceedings
– Anti-arbitration injunctions
2.5 Multiparty, multi-contract, multi-polar arbitrations
– Appointment of arbitrators
– Consolidation
– Advances on costs
2.6 Interim / Partial award on jurisdiction
Practical tasks
  • Report on case
  • Interim / partial award on jurisdiction 

Moderators

Vladimir KhvaleiPartner, Baker & McKenzie, Russian Federation; Vice-Chair, ICC Commission on Arbitration & ADR; Council Member, ICC Institute of World Business Law
Kim M. RooneyArbitrator and Barrister, Gilt Chambers, Hong Kong; Member, ICC International Court of Arbitration
Matthew SecombPartner, White & Case, Singapore; Former Counsel, ICC International Court of Arbitration
Galina ZukovaPartner, Bélot Malan & Associés, France; Member, ICC International Court of Arbitration; Associate Professor, University of Versailles Saint-Quentin

Experts

Jason A. FryPartner, Clifford Chance, France; Former Secretary General, ICC International Court of Arbitration
Wendy Miles QCPartner, Debevoise & Plimpton LLP, United Kingdom; Vice-President, ICC International Court of Arbitration
Sherina PetitPartner and Head of India Practice, Norton Rose, United Kingdom
Dipen SabharwalPartner, White & Case, United Kingdom
Matthew J. SkinnerPartner, Jones Day, Singapore
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