29 Jun 18

ICC Advanced Arbitration Academy for Asia

Hong Kong, China, • English

The 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 and Beijing.

Description

Dates and locations

2018
Workshop I: Appointment as an Arbitrator | Hong Kong | Friday 29 June 2018
Workshop II: Jurisdiction of Tribunal | Mumbai, India | Friday 21 September 2018
Workshop III: Case-management | Shanghai, China | Friday 7 December 2018

2019
Workshop IV: Provisional Remedies, Security for Costs | Tokyo, Japan | 8 March 2019
Workshop V: Evidence | Singapore | 28 June 2019
Workshop VI: Hearing | Hong Kong | 20 September 2019
Workshop VII: Award | Beijing, China | 6 December 2019

2020
Workshop VIII: Scrutiny, Delivering Award, Enforcement | Singapore | 6 March 2020

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.

Programme

TitleWorkshop I: Appointment as an Arbitrator
Date & venueFriday 29 June 2018 – Hong Kong
Topics1.1       General standards
1.2       Accepting appointment as an arbitrator
1.3       Appointment as an arbitrator by the ICC Court
1.4       Selecting the Chairman
1.5       Objections to confirmation by the ICC Court
1.6       Challenges of arbitrator
1.7       Replacement / resignation of an arbitrator
1.8       Financial aspects of accepting an appointment
1.9       Communications with the ICC Court and the Secretariat
1.10    ICC as appointing authority
Practical tasks·        Arbitrator’s CV
·        Statement of Acceptance, Availability and Independence
·        Disclosure
·        Report on confirmation/challenge/ resignation
TitleWorkshop II: Jurisdiction of Tribunal
Date & 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
TitleWorkshop III: Case-management
Date & venueFriday 7 December 2018 – Shanghai, China
Topics3.1       Organizing the work of the Arbitral Tribunal
3.2       UNCITRAL Notes on Organizing Arbitral Proceedings
3.3       Effective case management under the new ICC Rules
3.4       Arbitrating small claims: new ICC Rules and guidelines
3.5       Terms of Reference
3.6       Provisional Timetable
3.7       Procedural Order no. 1
Practical tasks·   Drafting the Terms of Reference
·   Drafting Procedural Order no. 1
·   Drafting Procedural Timetable
TitleWorkshop IV: Provisional Remedies, Security for Costs
Date & venueFriday 8 March 2019 – Tokyo, Japan
Topics4.1       Available conservatory and interim measures
4.2       Procedure
4.3       Criteria
4.4       Counter-security
4.5       Procedural hearing
4.6       Remedies in case of non-compliance
4.7       Decision on interim measures: Procedural Order or Award?
Practical tasks·        Drafting one of the following procedural orders on the following issues:
·        Dismissal of Counsel;
·        Attachment of Assets;
·        Confidentiality;
·        Anti-Arbitration Injunction;
·        Security for Costs
TitleWorkshop V: Evidence
Date & venueFriday 28 June 2019 – Singapore
Topics5.1. IBA Rules on the Taking of Evidence
5.2. Documents production
·   Scope of discovery:
·   Criteria for documents production
·   Procedure of documents production
·   Tribunal’s role in document production
·   Using IT in arbitration
5.3. Expert reports
·   Party appointed vs. tribunal appointed expert
·   Identification of issues to be put before the expert
·   Identification of expert /ICC expertise
·   Management of work with expert
·   Should the members of the Arbitral Tribunal act as experts?
5.4. Witness statements
5.5. Site inspection
Practical tasks·   Drafting the procedural schedule related to document production
·   Drafting the order on production of documents (Redfern Schedule)
·   Drafting the procedural Order on appointment of expert
TitleWorkshop VI: Hearing
Date & venueFriday 20 September 2019 – Hong Kong
Topics6.1.      Organizational Issues
·   Booking premises
·   Translation, Transcripts and associated costs
·   Pre-hearing telephone conference
6.2.      Management of Hearings
·   Setting the dates & timeframes
·   Setting the schedule for the hearing
·   Housekeeping Issues
6.3.      Conduct of the hearing
·   Adversarial v. inquisitorial style
·   Allocation of time between the parties
·   Examination and cross-examination of witnesses
·   Expert conferencing
·   Admissible/non admissible conduct
Practical tasks·   Drafting a letter to the parties inviting them to make proposals with regard to organization of the hearing
·   Drafting Procedural order for the hearing
·   Drafting a report on a practical situation
TitleWorkshop VII: Award
Date & venueFriday 6 December 2019 – Beijing, China
Topics7.1       Deliberations and allocation of work among arbitrators.
7.2        Interim, partial, final awards
7.3        ICC Award Checklist
7.4        Award by consent
7.5        Form of the award
7.6        Applicable law
7.7        Burden of proof
7.8        Evaluation of evidence
7.9        Costs and interest. Allocation of costs
7.10     Dispositive part of the award
7.11     Dissenting / concurring opinion
Practical task·   Drafting a final award
TitleWorkshop VIII: Scrutiny, Delivering Award, Enforcement
Date & venueFriday 6 March 2020 – Singapore
Topics8.1  Scrutiny by the ICC Court
8.2  Signing and notification of the award
8.3  Correction/interpretation/remission of awards
8.4  Making enforceable awards
8.5  Enforcement proceedings
Practical tasks·   Dealing with the ICC Court’s comments on the draft award
·   Drafting the addendum / decision on correction and interpretation

 

Speakers

Speakers will be available shortly.

 

Logistical notes

Venues and timesThe precise venues will be indicated as the programme goes along. Each workshop will generally last from 9.00 am to 6.00 pm, with a one hour break for lunch and informal drinks at the end of the session.
Registration feesUS$4000 (US$500 per workshop)
VAT exemption – French Tax Code, Article 259A5°
On registering for this course, participants commit themselves to attending and paying for all eight workshops,
i.e. US$1500, must be paid for on admission to the programme
Each workshop thereafter shall be invoiced separately – payment must be received by ICC Services
at least one month prior to each workshop.
The registration fee covers all training activities (subject to last minute changes and modification by the organizers), including lunches and coffee breaks. Travel and hotel expenses are not included.
Case study materials shall be provided electronically. Participants will be expected to print and organize their materials for each workshop.
Apart from the rare exception, compulsory reading materials shall not be provided. Participants shall be responsible for purchasing the materials if required.
How to registerEasier and faster, register online (secured payment by credit card) at www.iccevents.org
Please note that a Curriculum Vitæ is requested upon registration as candidates will be selected according to their experience. Admission to the programme is not guaranteed.
Priority will be given to candidates who are nationals of an Asian country. There are only 40 places.
Enquiries may be addressed to:
E events@iccwbo.org
T +33 1 49 53 28 67
Travel and accommodationParticipants are responsible for making their own travel arrangements and hotel reservations.
We are able to dispatch visa invitation letters to support your visa applications only after receipt of your registration form and full payment of your registration fees.
Working languageEnglish
CertificationA 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.
Cancellation policyCancellations are not refundable. In the event of cancellation, the fees for the entire course will remain due. Subject to agreement from ICC Training and Conferences however, prior to the event, the registration may be transferred to another person from the same company or organization at no extra charge. Their Curriculum Vitæ and 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, locations 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.
Partnership opportunitiesThis training offers you an unrivalled opportunity to build worldwide partnerships. Partnering will get you visibility with the major decision makers in global business and/or within the international arbitration network. For further information, please contact Sandra Sanchez Nery at:  sandra.sancheznery@iccwbo.org

Registration

Registration will be available shortly.