25-27Mar

ICC Institute Masterclass for Arbitrators

Sao Paulo, Brazil, • English and Portuguese

This ICC Institute Masterclass for Arbitrators will provide participants with an opportunity to gain a deeper insight into some of the new provisions of the 2017 ICC Rules of Arbitration while learning about the latest developments and best practices related to serving as an international arbitrator.

Description

Objective

As the practice area of international commercial arbitration has flourished within the last decade, the ICC Institute of World Business Law proposes its Masterclass for individuals interested in serving as international arbitrators. The condensed format as well as the reasonable pricing of this two and half day training makes it convenient and practical for working professionals.

In keeping with its commitment to excellence, ICC has recruited some of the world’s leading practitioners and scholars as lecturers for this important event. Participants will have the opportunity to learn first-hand from them and to develop helpful contacts with arbitration practitioners from around the world. The course will consist of presentations and interactive discussions using mock cases designed to hone participants’ under- standing of critical theoretical concepts while also emphasizing many practical aspects involved in conducting an international arbitration.

Who should attend?

This advanced level training is designed primarily for practitioners who have a significant experience in international commercial arbitration as counsel, but who have little or no experience as arbitrators. Arbitrators wishing to reinforce their knowledge may also participate. Attendees are expected to have already mastered the essentials of arbitral proceedings and ICC Arbitration, as these will not be reviewed during the Masterclass. Please note that a Curriculum Vitae is requested upon registration as candidates will be accepted depending on their experience.

Programme

25 March 2019
08:00 – 09:00Registration and welcome breakfast
09:00 – 09:05Welcome
09:05 – 09:10Presentation of the ICC Institute of World Business Law
09:10 – 09:25Constitution 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 – 10:25Mock 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 – 10:45Coffee break
10:45 – 11:30Establishing 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 – 12:30Mock cases and debate
12:30 – 14:15Lunch
14:15 – 15:00Conduct 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 – 15:30Questions and answers
15:30 – 15:45Coffee break
15:45 – 16:30Conducting 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 – 17:30Mock cases and debate
26 March 2019
09:00 – 10:00Relations between arbitrators – Part 1

·         Pathological behaviour of party appointed arbitrators

·         Dissenting opinions and truncated tribunals

·         Role of the chairman

10:00 – 10:30Questions and answers
10:30 – 10:45Coffee break
10:45 – 11:15Relations 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 – 12:30Debate on the mock arbitral tribunal
12:30 – 14:15Lunch
14:15 – 15:00Drafting 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 – 15:15Questions and answers
15:15 – 15:30Coffee break
15:30 – 16:30Working 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 – 17:45Mock 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 – 09:30Decisions 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 – 09:45Questions and answers
09:45 – 10:30Challenge 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 – 10:45Questions and answers
10:45 – 11:00Coffee break
11:00 – 11:30Arbitrator 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 – 11:45Questions and answers
11:45 – 12:15The 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 – 13:00Mock cases and debate
13:00 – 13:10Concluding remarks

Speakers

Mohamed Abdel WahabVice President of the ICC International Court of Arbitration; Zulficar & Partners Law Firm (Cairo)
Flávia BittarFlávia Bittar Sociedade de Advogados (Nova Lima)
Alexander FessasSecretary General of the ICC International Court of Arbitration (Paris)
Eduardo Damião GonçalvesVice President of the ICC International Court of Arbitration; Mattos Filho (Sao Paulo)
Bernard HanotiauHanotiau & Van Den Berg (Brussels)
Marnix LeijtenVice President of the ICC International Court of Arbitration; De Brauw Blackstone Westbroek N.V. (Netherlands)
Judith Martins CostaJudith Martins-Costa Advogados (Porto Alegre)
Gustavo Scheffer da SilveiraCounsel of the ICC International Court of Arbitration (Sao Paulo)
Ana Serra e MouraDeputy Secretary General of the ICC International Court of Arbitration (Paris)
Deva VillanúaVice President of the ICC International Court of Arbitration; Armesto & Asociados (Madrid)
Eduardo ZuletaVice President of the ICC International Court of Arbitration; Zuleta Abogados Asociados (Bogotá)

Logistical notes

Venue

ICC Brasil Headquarters

Rua Surubim, 504 – 9º andar, Brooklyn Novo, Sao Paulo, Brazil.

Registration

To apply to the ICC Institute Masterclass for Arbitrators please send your CV to iccarbitration-latinamerica@iccwbo.org

For more information, please contact:

  • Katherine Lievano
  • +507 385 7420
  • Project Officer

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