INTERNATIONAL ARBITRATION TRAINING COURSE FOR LAWYERS

Transcription

1 INTERNATIONAL ARBITRATION TRAINING COURSE FOR LAWYERS BARCELONA April 19 & 20, 2012 (Thursday & Friday)

2 INTRODUCTION General presentation The UIA is proud to present this course which is part of the UIA Training Courses Programme The objective of our training courses is to provide comprehensive training and tools in specific and/or specialist areas of the law or in specific projects, by offering advanced level master classes held by outstanding expert trainers with considerable experience in the field. Concepts The UIA aims to provide excellence at a reasonable cost, given its non profit nature and institutional role. This course will be held over two days and will be led by 5 trainers all with considerable experience in the field of international arbitration. The trainers will guide course participants through 13 sessions, each of 45 minutes to one hour in length. Participants will learn the fundamentals of international commercial arbitration. The sessions will cover the full spectrum of an international arbitration and analyze the legal concepts and issues that arise during course of an international arbitration. The sessions will be intensive yet interactive and there will be ample opportunity for questions and discussion. Minimum number of participants: 22 Maximum number of participants: 32 Working language The sessions will be held in English without simultaneous translation. Accreditation of courses Every participant attending the course will receive a Certificate of Participation on completion that may be used to obtain credits for Continuing Legal Education or Continuing Professional Development purposes, depending on the national rules of the country where the participant is registered to practice law. For more information, please contact the UIA. Who should attend? Young lawyers working in the field of international arbitration or with an interest in international arbitration. While no knowledge of international arbitration is required, it is assumed that the course participants have a legal background and possess a level of English sufficient in order to follow a presentation made in English. Venue of the course Il lustre Col legi d Advocats de Barcelona Calle Mallorca, Barcelona, Spain

3 THE TRAINING TEAM Andrea CARLEVARIS Partner Bonelli Erede Pappalardo Rome, Italy andrea.carlevaris@beplex.com Andrea Carlevaris is a partner at Bonelli Erede Pappalardo in Rome. He specialises in international arbitration and litigation and his practice focuses on private and public international law. Mr Carlevaris has acted as counsel and as an arbitrator in numerous international arbitrations, both ad hoc and institutional, including proceedings under the Rules of the ICC, ICSID, UNCITRAL and the Chamber of Arbitration of Milan, mostly dealing with construction, agency, oil & gas, M&A, leasing, distribution and investment matters. As a former Counsel at the Secretariat of the ICC International Court of Arbitration, he supervised numerous proceedings before arbitration panels worldwide. Mr Carlevaris is a member of the ICC International Court of Arbitration, the ICC Commission for International Arbitration, the Board of AIA (the Italian Association for Arbitration), the Steering Committee of the International Arbitration Commission of the UIA (Union Internationale des Avocats) and is a member and co founder of ArbIt (the Italian Forum on International Arbitration and ADR). Mr Carlevaris holds a doctorate in International Law from the University of Rome. He regularly lectures at several Italian universities and is a regular speaker at conferences, seminars and courses. He is also the author of a monograph on interim measures in international arbitration (La tutela cautelare nell arbitrato internazionale, Padova, 2006) and of numerous articles and notes on international arbitration and international law. He regularly contributes to several legal journals, including Journal du droit international, Les Cahiers de l arbitrage/the Paris Journal of International Arbitration and Rivista dell arbitrato. Recognised as one of the top 45 lawyers under the age of 45 (45 under 45) by Global Arbitration Review, Mr Carlevaris is also listed in Who s Who Legal Commercial Arbitration. Jordi SELLARÉS SERRA Secretary General Spanish Committee, International Chamber of Commerce, Paris Barcelona, Spain iccspain@cambrabcn.es Jordi Sellarés Serra has a law degree from the University of Barcelona (UB) ( ), Master in International Relations from the University of Cambridge ( ) and a Doctor of Law from the UB (2002). Since 1991 he has been an Associate Professor of Public International Law at UB and the School of Law, ESADE. Since this time, Mr. Sellarés has worked in the Spanish Committee of the International Chamber of Commerce as Technical Adviser ( ), Deputy Secretary ( ), Director ( ) and now as Secretary General, combining this role with teaching at the UB ESADE. Mr. Sellarés was the Legal Adviser to the delegation of Andorra to the Organization for Security and Cooperation in Europe (OSCE), (Vienna, January April 2004), a Visiting Professor at the University of Puerto Rico (January March 2007) and Rafael Landivar (Guatemala, August 2007) and Professor at the Center for Transnational Legal Studies (London, January April 2011). Mr. Sellarés speaks Catalan, Castellano, English, French and German and has basic knowledge of Norwegian.

4 Samaa HARIDI Partner Weil, Gotshal & Manges New York, USA Samaa.Haridi@weil.com Samaa A. Haridi is a partner in the International Arbitration practice in Weil s New York office. Ms. Haridi s practice focuses on complex international litigation and arbitration proceedings involving joint ventures, international investments, service agreements, construction projects, contracts, banking, and securities. Ms. Haridi has been ranked by clients and peers in Chambers USA for International Arbitration (Nationwide), and has been described as being "deeply involved in complex matters in the Middle East, and clients value her Arabic and French language skills." In 2009, an article she co wrote, "Ebb and Flow: The Changing Jurisdictional Tides of Global Litigation," won the Burton Award for Legal Achievement (Excellence in Legal Writing). Ms. Haridi has significant experience representing corporations and financial institutions from the United States, Europe, the Middle East, Latin America, and Asia, and has represented parties in proceedings under the arbitration rules of the International Centre for Settlement of Investment Disputes (ICSID), the International Chamber of Commerce (ICC), the International Centre for Dispute Resolution (AAA/ICDR), the London Court of International Arbitration (LCIA), and the United Nations Commission on International Trade Law (UNCITRAL). Born in Switzerland, Ms. Haridi grew up in Belgium, Egypt, Morocco and France. After graduating First of her Class and obtaining her Diplôme d'études Universitaires Générales with High Honors from the Cairo branch of the University of Paris I Panthéon Sorbonne in 1995, Ms. Haridi was awarded the French Government's "Best Achievement" scholarship to pursue her studies at the Sorbonne University in Paris, France. There, she earned a License in Business Law (1996), a Maîtrise (J.D.) in International Business Transactions, with Honors (1997), and a Diplôme d'études Approfondies (LL.M.) in Private International Law and International Business Transactions (1998). Ms. Haridi then received one of two merit based LL.M Scholarships awarded by the Sorbonne University to continue her studies at the University of San Diego School of Law in the United States, where she obtained an LL.M. in Comparative Law in Ms. Haridi is a dual qualified (United States/England & Wales) lawyer, and is admitted to practice in the U.S. in the states of New York and California. She is fluent in French and Arabic and is also conversant in Spanish. Jaime GALLEGO Associate Lalive Geneva, Switzerland jgallego@lalive.ch Jaime Gallego joined LALIVE in He is a member of the firm's international dispute resolution team, practising in both international commercial arbitration and investment arbitration. He has acted in over twenty complex arbitrations relating to disputes arising out of shareholder and share sale agreements, sale and purchase agreements, agency contracts and construction and investment projects, in the energy, arms and telecommunications sectors, among others, under the auspices of the LCIA, ICC, ICSID and also under the UNCITRAL Rules. Many of the arbitrations in which he has been involved have included states or state entities and have had a strong criminal law element. He has acted mainly as counsel, though also as secretary to arbitral tribunals. Mr. Gallego is dual qualified as an English Solicitor and a Spanish Abogado and has experience in advising parties to international contracts, and in matters of English and Spanish commercial law. He is a member of the Club Español del Arbitraje, the Swiss Arbitration Association (ASA), the LCIA's Young International Arbitration Group (YIAG), the Associació pel Foment de l'arbitratge (Barcelona) and the Comisión de Arbitraje del Ilustre Colegio de Abogados de Barcelona. Before joining LALIVE, Mr. Jaime Gallego was with Dechert LLP in the Paris international arbitration team ( ) and with SJ Berwin LLP in London in the corporate and tax departments ( ). He holds an LL.M. in International Dispute Resolution (with honours), University College London, England ( ) as well as a Degree in Law and a Master in Tax Law, both from ESADE, Spain ( ). Mr. Gallego holds both British and Spanish nationality and is fluent in English, Spanish and French.

5 Félix MONTERO Partner Pérez Llorca Madrid, Spain Félix Montero is a partner in the Litigation and Arbitration Group at Pérez Llorca. Félix joined Pérez Llorca in July 2004 after several years as a practising lawyer in another leading Spanish law firm. Mr. Montero has extensive professional experience in domestic and international commercial arbitration, both institutional and ad hoc. Domestically, Mr. Montero has advised Spanish and foreign clients in arbitration proceedings administered by the Civil and Commercial Arbitration Court (CIMA), the Madrid Arbitration Court (CAM) and the Barcelona Arbitration Tribunal (TAB), on a wide range of disputes involving construction and mediation contracts, MBO transactions and corporate acquisitions, call option rights, contract simulation, export credit insurance, infrastructure and transfer of technology and financial derivatives. At an international level, Mr. Montero has participated in arbitrations including arbitrations administered by the International Court of Arbitration of the International Chamber of Commerce (ICC) on disputes with respect to issues including corporate law, international loan agreements, EPC contracts concerning industrial machinery, civil engineering contracts, distribution contracts, telecommunications infrastructure, construction contracts and administrative concessions. Mr. Montero has also participated in the writing of the collective works of several authors Comentarios a la Ley de Arbitraje de 2003 (Aranzadi, 2005), a commentary on the 2003 Spanish Arbitration Law addressing articles 6 and 35 to 39 of the Arbitration Act. In addition he is co author of Código de Arbitraje (Aranzadi, 2005), a volume compiling and commenting on various arbitration laws and regulations, the second edition of which was released in October He is member of the Spanish Arbitration Club (Club Español de Arbitraje) (CEA) and CEA 40, member of the UIA and Secretary of its International Arbitration Commission. He is fluent in English, Spanish and German.

6 Thursday, April 19, 2012 DAY ONE 8:30 9:00 REGISTRATION 9:00 9:45 Introduction to the sessions, speakers and participants 9:45 10:30 Session 1 Introduction to International Arbitration What is arbitration (contrast with mediation, negotiation) What are disputes present or future Benefits of arbitration Institutional versus ad hoc arbitration What is the seat Seat versus governing law The New York Convention 10:30 10:45 COFFEE BREAK 10:45 12:30 Session 2 Sources of International Arbitration Law Introduction to UNCITRAL what is UNCITRAL and what is its function UNCITRAL Model Law UNCITRAL Arbitration Rules The New York Convention The Geneva Convention The Washington Convention The Panama Convention National law and lex mercatoria International arbitral awards 12:30 14:00 LUNCH BREAK 14:00 14:45 Session 3 The Arbitration Agreement The nature of an arbitration agreement (separability) The law that applies to the arbitration agreement (i.e. interpretation) Requirements of form and content Different types of arbitration agreements (including multi party) Arbitrability and public policy (i.e. disputes incapable of submission to arbitration) Capacity to enter into an arbitration agreement Who is bound (third parties, non signatories) Challenges to the validity of an arbitration agreement 14:45 15:30 Session 4 Arbitration and the Courts An introduction to the role of the courts in arbitration proceedings What happens if court proceedings are commenced when there is an arbitration in place Source of power of the courts Overview of the function of the courts (i.e. referral of disputes to arbitration, introduction to interim measures, assistance in the production of evidence, granting and enforcing interim measures, arbitrator appointment, challenges and removal, recognition and enforcement) Interference by the courts friendly and non friendly arbitral jurisdictions and implications for when electing the seat 15:30 15:45 COFFEE BREAK 15:45 16:30 Session 5 The Arbitrators Process of appointment (parties agreement, institutional, ad hoc, default procedures) Number of arbitrators (sole arbitrator, panel, role of presiding arbitrator) Requirements or qualifications for appointment? Court appointment Terms of appointment (including fees) Arbitrator fees and terms of engagement Sources of arbitrator s powers and obligations Arbitrators jurisdiction (competence competence) Impartiality and independence Challenge to an arbitrator Arbitrator removal and reappointment Arbitrator immunity Arbitrator liability

7 16:30 17:15 Session 6 Commencing an Arbitration How to commence an arbitration Scope of an arbitration agreement Is the dispute arbitrable? (public policy) Statutory remedies Conditions precedent The court s role in enforcing agreements The seat of the arbitration 17:15 17:30 De briefing 20:00 OPTIONAL DINNER Friday April 20, 2012 DAY 2 09:00 09:45 Session 8 Interim Measures What are interim measures Why are they sought Against whom are they sought When can they be sought (prior to formation of tribunal, during proceedings, after award has been made, prior to enforcement) From whom are they sought (arbitrators, court) Interim measures and third parties Power of arbitrators to grant measures Power of court to grant measures What form Ex parte interim measures Security for costs Judicial support of interim measures Enforceability 09:45 10:30 Session 9 The Arbitration Proceedings Rules of procedure (ad hoc, institutional, UNCITRAL) Number of hearings Location of hearing Organising the hearing (refer to UNCITRAL Notes on Organising Arbitral Proceedings) Attendance by parties (and failure to attend) Representation of parties (legal representation, local requirements with respect to representation) Witnesses Production of evidence Experts (arbitrator and party appointed) Procedural rulings Confidentiality (what is confidential, confidentiality vs privacy) 10:30 10:45 COFFEE BREAK 10:45 11:30 Session 10 The Award Requirements for a valid and enforceable award Different types of awards interim, final and by consent Possible relief that can be granted Dissenting opinions Confidentiality Costs what and how are they awarded Correction and interpretation of award Challenging an award Appealing an award (generally no but permissible in some countries) Awards vs court judgments

8 11:30 12:30 Session 11 Recognition and Enforcement of the Award What is recognition What is enforcement The New York Convention Process for recognition and enforcement Setting aside an award Public policy and illegality Refusal of recognition and/or enforcement 12:30 14:00 LUNCH BREAK 14:00 14:45 Session 12 Investment Arbitration ICSID who is ICSID and what is its purpose Jurisdiction ICSID Rules What is a Legal Dispute and what is Investment Contracting states A National State consent Immunity from jurisdiction and enforcement Choice of law Arbitration procedure The arbitral tribunal Arbitration proceedings and the hearing The award Revision of the award Recognition and enforcement Annulment of the award Issues in investment treaty arbitration (sovereign immunity, criteria for recognition, MFN treatment, fair and equitable treatment, costs, time, enforcement) 14:45 15:00 COFFEE BREAK 15:00 15:45 Session 13 Hot topics in International Arbitration International arbitration a common law and civil law perspective The use of discovery in arbitration general approach and limits Confidentiality State immunity The changing face of arbitration increased costs, increased complexity in procedure; problems with enforcement 16:00 17:00 Closing remarks

9 GENERAL INFORMATION COURSE VENUE Il lustre Col legi d Advocats de Barcelona Calle Mallorca, Barcelona, Spain REGISTRATION FEES UIA member Non member Standard registration 625* 675* Young lawyer (<35)** 575* 625* * From January 1, 2012, the VAT (18 %) can be applied to the amount here above according to the European Directive 2006/12/CE of November 28, ** Please attach proof of age to the registration form to benefit from young lawyer fee. These fees cover participation in the course, coffee breaks, lunch on Thursday & Friday, April 19 & 20, 2012, as well as the documentation of the course. The dinner on Thursday evening April 19, is optional and at additional charge. Please note that the number of places in this Training Programme is limited. The maximum number of participants is 32. Since we expect this programme to fill up quickly, if you are interested, we suggest that you register immediately and benefit of the lower rate. Applications will only be processed upon receipt in full of the registration fee. Admission will be on a first come first served basis. The organisers reserve the right to refuse admission in the event of excess applications. VISAS Any person, who would like to receive a visa invitation letter to attend the course, should register and pay their registration fees before March 19 to ensure there is enough time to obtain a visa. Only then it will be possible to benefit from a reimbursement in case the visa is refused.* ** Should we receive your registration after March 19, only 50% of the registration fees will be reimbursed. Should your visa be issued after the date of the course, you will not be reimbursed. * 100% refund of the amount paid minus 50 (administrative costs). ** We need to receive proof of refusal before we proceed with the reimbursement. HOTEL RESERVATION Each participant should make his/her own arrangements for hotel accommodation in Barcelona. A few hotel suggestions nearby are: Hotel 987 (4*) Calle Mallorca 288 Barcelona, Spain T F E reservas@987barcelonahotel.com Hotel Claris (5*) Calle Pau Claris 150 Barcelona, Spain T F E claris@derbyhotels.com NOTE The organisers may at any time, with or without giving notice, in their absolute discretion and without giving any reason, cancel or postpone the course, change its venue or any other published details. INFORMATION UIA T F E uiacentre@uianet.org