|25 March 2019|
|08:00 – 09:00||Registration and welcome breakfast|
|09:00 – 09:05||Welcome|
|09:05 – 09:10||Presentation of the ICC Institute of World Business Law|
|09:10 – 09:25||Constitution of the arbitral tribunal|
The appointment of arbitrators starts with a selection process often involving various issues such as the interview process, the initial disclosures and conflict checks. How should a potential arbitrator deal with these issues? What do the concepts of impartiality and independence require in concrete terms and what types and level of disclosure are required? How is the chairman selected by the co-arbitrators? The sensitive issue of the arbitrator’s fees and expenses, notably institutional arbitration vs. ad hoc, will also be discussed.
|09:25 – 10:25||Mock cases and debate|
This session will feature short mock cases designed to hone participants’ understanding of critical theoretical concepts while also emphasizing many practical aspects involved in the appointment of arbitrators: “In such a case, what would you do?”
|10:25 – 10:45||Coffee break|
|10:45 – 11:30||Establishing your authority over the parties and the framework for the arbitration|
The arbitrator must establish his or her authority at the outset and create a suitable framework for the arbitration. This may pose particular challenges for young arbitrators or arbitrators dealing with experienced attorneys. Participants will learn manners of setting out the rules of the process at the very beginning and how to deal with issues related to the characteristics or behaviour of the parties, such as cultural differences, recalcitrant parties or how to maintain a level playing field in order to create a balance between the parties and the temptation of helping the less experienced/weaker party.
|11:30 – 12:30||Mock cases and debate|
|12:30 – 14:15||Lunch|
|14:15 – 15:00||Conduct of the proceedings and case management techniques|
This session will focus on the general administrative as well as critical procedural matters that arbitrators and parties have to deal with in order to establish an orderly and efficient process. These include issues related to jurisdiction, terms of reference, the governing law and procedural rules, multiparty arbitrations, interim measures, standards of evidence, discovery and many more. Participants will also be provided with several demonstrations on the different case management techniques available for controlling time and costs.
|15:00 – 15:30||Questions and answers|
|15:30 – 15:45||Coffee break|
|15:45 – 16:30||Conducting hearings|
Conducting hearings in an efficient and fair fashion is one of the most critical and challenging tasks faced by arbitrators. Because an arbitrator is not a judicial officer with state sanctioned authority to hold parties and advocates in contempt, maintaining control and decorum may pose a significant challenge for arbitrators. The experienced lecturer will share his insights notably on the questioning of witnesses or attorneys by arbitrators, deciding whether to request additional evidence not provided by the parties and evaluating the need to appoint an expert.
|16:30 – 17:30||Mock cases and debate|
|26 March 2019|
|09:00 – 10:00||Relations between arbitrators – Part 1|
· Pathological behaviour of party appointed arbitrators
· Dissenting opinions and truncated tribunals
· Role of the chairman
|10:00 – 10:30||Questions and answers|
|10:30 – 10:45||Coffee break|
|10:45 – 11:15||Relations between arbitrators – Part 2: Mock arbitral tribunal|
Several demonstrations with a mock arbitral tribunal will be presented to explore and give a practical insight into the following issues: consultation with co-arbitrators before and during the hearing; getting along with your co-arbitrators; trying to build consensus; dealing with conflicting personalities or styles; dealing with perceived bias or other perceived inability to properly function.
|11:15 – 12:30||Debate on the mock arbitral tribunal|
|12:30 – 14:15||Lunch|
|14:15 – 15:00||Drafting enforceable awards|
Participants will learn the general guidelines and best practices pertaining to what can be referred to as the most prominent duty of an arbitrator. Accordingly, the session will focus on the procedural as well as formal requirements, and cover the issue of the necessary substantive accuracy of the award.
|15:00 – 15:15||Questions and answers|
|15:15 – 15:30||Coffee break|
|15:30 – 16:30||Working groups|
Participants will be given the opportunity to study a draft award before scrutiny by the ICC International Court of Arbitration. Each working group will be responsible for reviewing the award and will make its comments as if it were a Counsel of the ICC Court of Arbitration Secretariat.
|16:30 – 17:45||Mock Court session: scrutiny of awards by the ICC International Court of Arbitration and debate|
This is an opportunity for participants to witness the type of discussions that are held between members of the Court and representatives of the ICC Secretariat when reviewing a draft award. The parties to this mock court session will debate on the draft award reviewed by the working groups.
|27 March 2019|
|09:00 – 09:30||Decisions as to the costs of the arbitration|
The arbitral tribunal has the difficult mandatory duty to evaluate and fix the costs of the arbitration in the final award and decide in what proportion they shall be borne by the parties pursuant to article 37 of the ICC Rules. Such costs include the fees and expenses of any experts appointed by the arbitral tribunal and the reasonable legal and other costs incurred by the parties for the arbitration. Participants will benefit from the precious advice of a learned practitioner on how to make such decisions.
|09:30 – 09:45||Questions and answers|
|09:45 – 10:30||Challenge and replacement of arbitrators|
This session will focus on the different procedures applicable to the challenge and replacement of Arbitrators notably under the rules of the ICC International Court of Arbitration, but also before National Courts. The concepts of impartiality and independence will be largely discussed.
|10:30 – 10:45||Questions and answers|
|10:45 – 11:00||Coffee break|
|11:00 – 11:30||Arbitrator immunity|
As in many legal endeavours, the world of arbitration involves issues related to an arbitrator’s legal exposure. The faculty will discuss the nature and extent of arbitrator immunity and provide suggestions on what an arbitrator should do if he or she gets sued. The discussion will also touch upon matters relating to potential unauthorized practice of law issues.
|11:30 – 11:45||Questions and answers|
|11:45 – 12:15||The ICC 2012 rules of arbitration’s emergency arbitrator provisions|
Participants will benefit from a comprehensive presentation of these provisions, providing parties with potential emergency relief prior to the arbitral tribunal’s receipt of case. The main questions why? when? who? will be addressed. Practitioners will present the general characteristics of the emergency arbitrator provisions and share their experience.
|12:15 – 13:00||Mock cases and debate|
|13:00 – 13:10||Concluding remarks|