ASA Arbitration Practice Seminar

Transcription

1 INFORMATION & REGISTRATION ASA Arbitration Practice Seminar Jointly presented by ASA and the Deutsche Institution für Schiedsgerichtsbarkeit e.v June 2018 Schlosshotel Kronberg, Frankfurt, Germany 1

2 About the ASA Arbitration Practice Seminar A unique interactive and comparative format The ASA Arbitration Practice Seminar (formerly known as the Practice Building Seminar ) follows a format developed in 1997 by ASA, and very successfully applied every year since, in cooperation with other arbitration associations and institutions around Europe, including every two years with the DIS in Germany (traditionally in Badenweiler). The discussion leaders are all very experienced international arbitration practitioners. During the course of two days, they will raise and discuss with the participants key legal and practical questions, as they arise in the successive stages of an international arbitration, illustrating them with examples from real cases. All sessions are led jointly by two practitioners, one with a common law background and the other with a civil law background, thus bringing to bear, in a lively debate, the diversity of experiences in international arbitration and encouraging the development of cross-cultural sensitivity. The language of the Arbitration Practice Seminar is English. Discussion Leaders Bernhard Berger, Kellerhals Carrard, Bern Olivier Caprasse, Independent Arbitrator, Brussels Peter Heckel, Independent Arbitrator, Frankfurt Patricia Nacimiento, Herbert Smith Freehills, Frankfurt Peter Rees QC, 39 Essex Chambers, London Eric A. Schwartz, Independent Arbitrator, New York, London, Paris Laurence Shore, BonelliErede, Milan Peter J. Turner QC, Freshfields Bruckhaus Deringer, Paris Who should attend? This is not a seminar for true beginners. It is designed for those who wish to continue building on their international arbitration knowledge and practice and to benefit from the discussion leaders combined experience and expertise, acquired in a great variety of arbitration proceedings in different jurisdictions. Participants themselves contribute to the debate with their own experience, questions and ideas. 2

3 About the organisers ASA Swiss Arbitration Association The Swiss Arbitration Association (ASA), together with ASA below 40, has members, practitioners and academics engaged and/or interested in domestic and international arbitration, from Switzerland and abroad. ASA contributes to the development of arbitration law and practice through regular conferences and workshops, including this unique annual Arbitration Practice Seminar; ASA Local Group meetings; ASA below 40 events for young practitioners, and the publication of the ASA Bulletin, a renowned arbitration quarterly, and of the ASA Special Series. For more information, see arbitration-ch.org. DIS Deutsche Institution für Schiedsgerichtsbarkeit e.v. The DIS (German Arbitration Institute) is Germany s leading institution for the resolution of commercial disputes. The DIS administers hundreds of arbitration and ADR proceedings annually. Offering a complete set of conflict management, ADR, sports and commercial arbitration rules tailored to the needs of the business community, the DIS is one of the most diversified dispute resolution providers in the world. The DIS enjoys an international reputation for excellence and impartiality. The DIS Secretariat s multi-national and multi-lingual staff is committed to serving its users efficiently and professionally. The DIS is a private and independent institution with historical roots in the 1920s. Together with the DIS40, it has more than members, including practitioners, large and mid-size companies, chambers of commerce, judges, and academics. The DIS actively promotes, and fosters dialogue on, arbitration and alternative dispute resolution in Germany and abroad. The DIS also publishes the bi-monthly German Arbitration Journal SchiedsVZ (Publisher C.H. Beck). The DIS together with the DIS 40 host annual conferences on arbitration-related issues and training seminars in the field of arbitration for legal practitioners. For more information, visit Seminar Organisation Concept: Michael E. Schneider (LALIVE), ASA Honorary President Organisation: Domitille Baizeau (LALIVE), Sébastien Besson (Levy Kaufmann-Kohler), Alex McLin (ASA) Francesca Mazza, James Menz (DIS) 3

4 PROGRAMME FRIDAY 08 JUNE : : Lunch Introduction Domitille Baizeau, Sébastien Besson, Alex McLin Welcome address Swiss Arbitration Association (ASA): Elliott Geisinger Deutsche Institution für Schiedsgerichtsbarkeit (DIS): James Menz Presentation of the seminar and introduction to the materials : Session A The regulatory and institutional framework: relevance of the place of arbitration on the conduct of the proceedings, role of the Courts, ad hoc vs. institutional arbitration; the applicable law; the arbitration clause: standard clauses, pathological clauses, necessary and desirable content. Coffee break : Session B Commencement of the arbitration: request for arbitration (scope and level of detail), multi-tier clauses; appointment of the arbitral tribunal: choice of party appointed arbitrators, presidents of the arbitral tribunal and sole arbitrators, required and desirable qualifications, appointment by institutions; the Parties to the arbitration: identification, change in identity, merger, split; multi-party and multi-party proceedings: appointment of arbitral tribunal, consolidation and joinder : Drinks followed by dinner 4

5 SATURDAY 10 JUNE : Session C Terms of Reference or constitution orders: function, desirability, content, list of issues, claims/relief sought; financing the procedure: advances; security for costs; arbitrators' fees; third party funders; organization of the procedure: procedural calendar; PO No 1 ; communications between the arbitral tribunal and the parties (form and content); the arbitrator's role as settlement facilitator; counsel ethics; use of secretary to the arbitral tribunal. Coffee break : Session D Main written submissions: function, scope, form, number, sequence, with or without documentary / testimony evidence, involvement of arbitral tribunal between rounds; documentary evidence: relative importance, form of production, organization and referencing; disclosure: relevance/materiality, burden, requests by the arbitral tribunal, illegally obtained evidence, privilege; information technology in arbitration proceedings: submissions, document management, security. Lunch : Session E Interim measures of protection by the arbitral tribunal: types, criteria, anti-suit injunctions; emergency arbitrators; assistance from the courts: type and criteria. Coffee break : Session F Experts retained by the parties or by the arbitral tribunal, communication, reports, oral presentations, questioning and confrontation; terms of reference and conduct of the enquiry by tribunal appointed experts, site visits; issues of confidentiality scope of the obligation; methods of protecting confidential or sensitive information (use of confidentiality experts ). Free time followed by dinner at

6 SUNDAY 11 JUNE : Session G Witnesses: drafting witness statements, scope of witness statements, relative importance as evidence, prior contacts and "preparation"; "oath"; methods and scope of examination; the hearing(s): purpose, duration, organisation, splitting of hearings, records/transcript. Coffee break : Session H Oral opening argument: time, duration, forms, "skeleton argument" and "notes de plaidoirie", demonstrative exhibits; oral closing argument; post-hearing briefs; the arbitral tribunal's decisions: procedural orders and awards, deliberations, form of the award, reasons, right to be heard and need to reopen proceedings, finding of fact, dispositive part of the award, decision on cost, considerations concerning enforcement, dissenting opinions, award by consent : Lunch 6

7 Practical information Register Early The registration fees are as follows: Accommodation at the Schlosshotel Kronberg EUR 1675 (+ 19% VAT), until 15 April 2018, and EUR 1800 (+ 19% VAT), thereafter. Accommodation at the Dorint Oberursel EUR 1275 (+ 19% VAT), until 15 April 2018, and EUR 1400 (+ 19% VAT), thereafter. The fee includes meals and accommodation at the seminar venue. There are no hidden extras. Packages for accompanying persons are available (please refer to the registration form for details). Attendance is limited. Applications are accepted on a first come, first served basis. There will be no refund for cancellations but substitutions are accepted. Accompanying persons Accompanying persons may join for all meals. Two packages are available including the double room surcharge and dinners. All dinners are at the Schlosshotel Kronberg. When? Starting: Friday 8 June 2018, at noon (incl. lunch) Ending: Sunday 10 June 2018, at 2 p.m. (incl. lunch) Where? All seminar sessions, lunches and dinners, as well as the welcome cocktail, will take place at: Schlosshotel Kronberg Hainstraße 25, Kronberg im Taunus GPS: N / E Tel. +49 (0) schlosshotel-kronberg.com 7

8 About the venue Seminar participants have the choice of staying in either of the two following hotels. Please pick the relevant option on the registration form. The Schlosshotel Kronberg Hainstraße Kronberg im Taunus Tel. +49 (0) schlosshotel-kronberg.com The Schlosshotel Kronberg is a 5-star superior hotel. Built in 1893, it was home to Empress Victoria Friedrich. Today, guests stay here surrounded by many of the empress original antiques and paintings while enjoying an 18-hole golf course, a fine dining restaurant, beauty salon and enchanting grounds. The gourmet cuisine in the Schlosshotel is many-sided: the stylish Schloss Restaurant, the legendary Jimmy s Cocktail Bar and the chic Victoria Lounge in summer. Let finest things from the kitchen and the cellar melt in your mouth. The Dorint Hotel Frankfurt/Oberursel Königsteiner Straße Oberursel Tel hotel-frankfurt-oberursel.dorint.com The centrepiece of the hotel estate is the English Tudor-style manor, Villa Gans, built in Tranquility and rejuvenation is yours for the taking at the square meter park belonging to the hotel. 140 rooms, ranging from the standard room to deluxe suites (WiFi included in conjunction with an overnight stay), and wellness facilities in a 360 square meter space await you. The restaurant Villa Gans, the bar Ludwig Wilhelm and the Park Terrace, all overlook the glorious listed park. 8

9 The Schlosshotel Kronberg The Dorint Hotel Frankfurt/Oberursel 9

10 How to get there? Both hotels can be reached easily by taxi from Frankfurt airport. By car : Frankfurt Airport Schlosshotel Kronberg: 25km / 25mins Frankfurt airport Dorint Oberursel: 35 km / 24mins Schlosshotel Kronberg - Dorint Oberursel: 5k / 7mins A shuttle bus will be available to transport passengers between the Dorint Oberursel and the Schlosshotel Kronberg for the seminar sessions and meals. CPD/CLE Credit Following the event, the ASA and/or the DIS will be pleased to provide attendees a certificate of attendance which, subject to the exact CPD/CLE requirements of the attendee's jurisdiction, may be used to obtain accreditation. info@arbitration-ch.org. 10