ASA Conference. The Arbitrators Initiative: When, Why and How Should it be Used? 6 February Hotel Président Wilson 47, Quai Wilson 1211 Geneva

Transcription

1 ASA Conference The Arbitrators Initiative: When, Why and How Should it be Used? 6 February 2015 Hotel Président Wilson 47, Quai Wilson 1211 Geneva PROGRAMME

2 Schedule at a glance 8:00-9:00 COFFEE & REGISTRATION 9:00-12:30 CONFERENCE 12:30-13:45 LUNCH 13:45-16:00 CONFERENCE Conference Programme 9:00 9:15 WELCOME ADDRESS INTRODUCTION TO THE CONFERENCE TOPIC Elliott Geisinger President of ASA Swiss Arbitration Association, Schellenberg Wittmer Ltd, Geneva 9:15 9:35 9:35 10:45 10:45 11:15 PANEL 1 THE ARBITRATORS INITIATIVE: ITS FOUNDATIONS AND ITS LIMITS What are the legal bases for the arbitral tribunal s powers and the scope of such powers? What are the limits to party autonomy and why? What are the boundaries to the arbitrator s own initiative? PANEL 2 THE ARBITRATOR S INITIATIVE: SHAPING THE PROCEDURE In the initial discussions with the parties: how should it be done? Which topics must be or may be addressed? Once the proceedings are under way: further case management meetings, directions on content of submissions, bifurcation, time limits, duration of the merits hearing, etc. COFFEE BREAK Domitille Baizeau LALIVE, Geneva Pierre Mayer Dechert, Paris Constantine Partasides QC THREE CROWNS, London Gabrielle Nater-Bass Homburger, Zürich Hamid Gharavi Derains & Gharavi, Paris

3 11:15 12: :45 13:45 15:00 PANEL 3 THE ARBITRATOR S INITIATIVE: FACT FINDING What can, should or should not be done and why, including: Suggesting or requesting the submission of specific evidence Relying on publicly available evidence Deciding on document production requests Relying on evidence available through parallel proceedings or investigations Making specific directions for the taking of evidence during the hearing Applying presumptions and drawing inferences LUNCH PANEL 4 THE ARBITRATOR S INITIATIVE: UNDERSTANDING AND DECIDING THE LAW What can, should or should not be done and why, including: Raising questions of law or on the parties legal arguments Raising questions on the parties prayer for relief Addressing matters of mandatory law Vera van Houtte Independent Arbitrator, Leuven Paul Friedland White & Case, New York Harold Frey Lenz & Staehelin, Zürich George A. Bermann Columbia Law School, New York Paula Hodges QC Herbert Smith Freehills, London Pierre-Yves Tschanz Tavernier Tschanz, Geneva

4 15:00 15:45 PANEL 5 THE ARBITRATOR S INITIATIVE: FACILITATING THE SETTLEMENT OF THE DISPUTE What can, should or should not be done and why, including: Conveying the arbitrator s preliminary views Acting as settlement facilitator Carole Malinvaud Gide Loyrette Nouel, Paris Christopher Harris Three Verulam Buildings, London Paolo Marzolini Patocchi & Marzolini, Geneva 15:45 16:00 CONCLUDING REMARKS: WHERE ARE WE? Wolfgang Peter Python & Peter, Geneva Conference Organisation Who should attend? Sponsorship opportunities CPD/CLE Credits Domitille Baizeau, LALIVE, Geneva Frank Spoorenberg, Tavernier Tschanz, Geneva All professionals involved in dispute resolution: lawyers, arbitrators, corporate counsel, and academics. The ASA Conference provides a meaningful opportunity to gain visibility and build partnerships within the global arbitration business network. For further information, please contact alex.mclin@arbitration-ch.org ASA is a Solicitors Regulation Authority approved external CPD provider (ref. ELA/TSAS) for England and Wales. Certain ASA events are homologated in France by the Conseil National des Barreaux. New York CLE and California MCLE credit may also be available upon request. If applicable, please enquire at info@arbitration-ch.org About the organisers ASA Swiss Arbitration Association The Swiss Arbitration Association (ASA) has over 1200 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 Annual Conference; the 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 and membership enquiries, see or contact Alexander McLin, Executive Director, at alex.mclin@arbitration-ch.org.

5 Media partner Practical information OGEMID Register early Early bird registration fee, until 31 December 2014: ASA members: CHF 550 Non-members: CHF 725 Fee as of 1 January 2015: ASA members: CHF 600 Non-members: CHF 775 The fee includes lunch, coffee breaks, welcome and farewell receptions. There are no hidden extras. Attendance is limited. Applications are accepted on a first come, first served basis. 50% of the registration fee will be refunded if notice of cancellation is received in writing before 31 December Thereafter, there will be no refunds for cancellations, but substitutions are accepted. Please note that ASA reserves the right to make minor alterations to the programme or to the identity of the speakers at any time. Welcome reception and registration Where? A traditional welcome reception takes place the preceding evening, at on Thursday 5 February 2014, at the Hotel President Wilson. Registration for the conference will be available at the reception. Hotel President Wilson 47 Quai Wilson, 1211 Geneva How to get there Train: A bus stop is located at the main entrance of Genève- Cornavin railway station. Take bus no. 1 with destination Jardin Botanique. Alight at the third stop, Gaultier. Car: From the A1 highway, heading towards Geneva take the exit Genève-Lac. Follow the road along the lake. The hotel is the first building on the right-hand side. Air: Geneva Airport: 6 km, 15 mins Accommodation Please enquire with the Hotel President Wilson for preferential conference rates, at +41 (0)

6 Registration Form PLEASE RETURN TO: ASA Boulevard du Théâtre 4, P.O. Box 5429 CH-1211 Genève 11 Fax: info@arbitration-ch.org Name First Name Position Firm/company Address A City Country Tel. Fax Conference Fee Early bird registration, until 31 December 2014:! ASA members: CHF 550! Non-members: CHF 725 As of 1 January 2015:! ASA members: CHF 600! Non-members: CHF 775 Method of Payment By bank transfer to ASA account, ref. name/jan 2015 UBS AG, Acct. No IBAN: CH BIC: UBSWCHZH80A For payment by credit card solely for participants outside Switzerland (VISA or MC only): Card number: Exp. Date: Name of card holder: CVV Code: Disclaimer The pictures and/or footage taken by ASA at this event may be used at a later date in printed and/or online materials including but not limited to marketing tools, brochures, and the ASA website. Confirmation of registration will be sent upon receipt of payment. Date Signature