In a recent decision on a motion for reconsideration in Conoco-Phillips vs. Republic of Venezuela, the arbitrators grappled with whether the arbitral tribunal has the power to reconsider its decision. A dissenting opinion in that case suggests that an arbitral tribunal does have the power, at least when new circumstances or facts have been presented.However, the majority took the contrary position. This event’s roundtables will focus on addressing whether and under what circumstances an arbitral tribunal has the power to reconsider its decision and the limitations of such inherent power, especially when not addressed by the applicable rules or law.
ICC YAF: The Power to Change One’s Mind-Can It Apply in International Arbitration?
The ICC Young Arbitrators Forum (YAF) is hosting an event, kindly supported by the CLA2016, entitled “The Power to Change One’s Mind: Can It Apply in International Arbitration?” scheduled to take place on 19 June in Miami.
2:00 – 2:30 Registration
2:30 – 2:40 Welcoming address
2:40 – 4:10 Roundtable: “Reconsideration or rehearing on substantive matters?”
- When is a decision final?
- Can jurisdictional decisions be reviewed? Merits?
- Anything before the final award?
- What circumstances justify reconsideration or a rehearing?
4:10 – 5:40 Roundtable: “Reconsideration of questions of procedure or the conduct of the proceedings”
- To what extent can a tribunal reconsider procedural decisions within the context of a hearing? For example, is a decision to admit (or not) evidence open to change? If so, under what circumstances?
- What about Procedural Orders?
- Without the consent of the parties or express provision under the applicable rules, can the arbitrators unilaterally change the date of the hearing?
5:40 – 6:00 Conclusion remarks
6:00 Cocktail kindly hosted by Future of Arbitration: Miami
Deputy Counsel, SICANA, Inc. (New York)
Kate Brown de Vejar
Curtis Mallet- Prevost, Colt & Mosle (Mexico City)
Eleonora Coelho Advogados (Sao Paulo)
Basham, Ringe y Correa, S.C. (Mexico City)
White & Case; University of Miami (Miami)
White & Case (New York)
Julieta Ovalle Piedra
ICC YAF Representative for Latin America; Bufete Ovalle Favela S.C. (Mexico City)
DLA Piper (Miami)
Joseph M. Scarlato
Maeden & Moore (Miami)
ICC YAF Representative for North America; Gomm & Smith (Miami)
Venue: JW Marriott Marquis, 255 Biscayne Blvd. Way, Miami, Florida 33131, United States of America
Registration Fee: $100.00
This event will take place from 2:00 to 6:00 PM and will be followed by a networking cocktail, kindly hosted by Future of Arbitration: Miami.