Emerging Issues in International Arbitration: What a New Arbitral Seat Can Anticipate

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Emerging Issues in International Arbitration: What a New Arbitral Seat Can Anticipate 25 th - 27 th May 2014, Serena Hotel, Kigali-Rwanda A Conference organised by Kigali International Arbitration

With such conducive business environment, commercial disputes are inevitable.

Launched officially in May 2012, KIAC started in April 2013 to administer cases under its arbitration rules after continuous sensitization campaign in Rwanda and abroad on the use of arbitration and

About KIAC International Arbitration Conference 2014 Arbitration is increasingly becoming the preferred way to solve complex business disputes, involving international interests.

1 Emerging Issues in International Arbitration: What a New Arbitral Seat Can Anticipate 25 th - 27 th May 2014, Serena Hotel, Kigali-Rwanda A Conference organised by Kigali International Arbitration Centre (KIAC) In collaboration with The Rwanda Private Sector Federation (RPSF) About Kigali International Arbitration Centre (KIAC) Rwanda continues to make considerable improvements to its business environment and investment climate. Rwanda is the most reformed country in the world and the second best destination for doing business in Africa according to the World Bank's 'Ease of doing business report' (2014). With such conducive business environment, commercial disputes are inevitable. Kigali International Arbitration Centre (KIAC) was established in 2011 as an independent body to provide infrastructure for quality services in arbitration and other ADR mechanisms. Launched officially in May 2012, KIAC started in April 2013 to administer cases under its arbitration rules after continuous sensitization campaign in Rwanda and abroad on the use of arbitration and KIAC standards Arbitration clauses. The KIAC Arbitration Rules (2012) are a modern set of arbitration rules, which provisions are consistent with international best practices. About KIAC International Arbitration Conference 2014 Arbitration is increasingly becoming the preferred way to solve complex business disputes, involving international interests. KIAC Board of Directors and the Management would like to take this opportunity to organise this conference, which is part of KIAC s continuous efforts to institutionalize knowledge sharing in Arbitration practice. The conference is therefore an excellent opportunity to keep update practitioners on the latest development in international arbitration, to network and continually identify areas of collaboration among arbitration practitioners. Language English & French Who should attend? Professional Arbitrators, practicing lawyers, corporate counsels, judges, business professionals and academics. Funded By Sponsors 1

2 CONFERENCE PROGRAM & SPEAKERS Sunday 25 th May : Welcome & Networking Reception Monday 26 May : Registration : Opening & Key note Speech : Coffee Break : Emergency Arbitration: Theory and Practice Many institutional arbitration rules including Kigali International Arbitration Centre rules 2012, ICC, SIAC, and AAA (ICDR) included new provisions on Emergency arbitrator. These recent developments beg the question of the utility of such mechanism, whether demonstrated in the course or at the end of international arbitration proceedings. The panel will discuss each step and how such relief is effective in practice since procedure has been operating. - Mark E. Appel, Senior Vice President, ICDR, USA - Prof. Datuk Sundra Rajoo, Director, KLRCA, Malaysia. Athanase RUTABINGWA, Partner, MRB Attorneys & President of Rwanda bar Association, Rwanda : Discussion : Multi-party Arbitration in Practice This panel will address issues such as who are the proper parties to arbitration; consent to arbitrate; joinder of parties and consolidation of arbitral proceedings; arbitral procedures where multiple parties are involved. A Mock case on multiparty or multi contract Arbitration will follow aiming to meet the practical needs of practitioners. The counsels will plead a situation of jurisdictional issues in multiparty case under institutional arbitration rules. - Dr. Urs Weber Stecher, Attorney-at-law, Partner, Wenger & Vieli AG, Switzerland - Michael Burkart, Director of Studies, Swiss Arbitration Academy, Switzerland - Egwuagu N. Emmanuel, Obla & Co, Abuja - Nigeria Dr. EUN Young PARK, Arbitrator, KIM & CHANG, South Korea : Discussion : Lunch : Dealing with Guerilla Tactics in International Arbitration: which tools for Counsels and Arbitrators? International arbitral proceedings are prone to interference from the obstructive behavior which constitutes a threat to international arbitration. The panel will discuss the meaning of Guerilla tactics and what tools are available to counsel and the arbitral tribunal to deal with such tactics? In particular the following issues will be covered: Where does poor behavior end and guerilla tactics start? How do arbitral institutions view the issue of Guerilla Tactics? How may arbitral institutions and state courts support fighting Guerilla Practices or how much support is desirable? - Günther J Horvath, Partner, Freshfields Bruckhaus Deringer LLP, Austria. - Dr. Fabian Ajogwu, SAN, KENNA PARTHERS, Nigeria. - NGOGA GAKUBA Thierry, Registrar, Kigali International Arbitration Centre, Rwanda : Discussion : How Arbitral Tribunal Award Damages in Construction Disputes? The panel composed of arbitrators and Quantum experts will share the technical issues from theory 2

3 to practice of the arbitral process such as legal standards, approaches in their evaluation and calculation of damages in construction disputes. - Paul NGOTHO, FCIArb, Arbitrator, Adjudicator and Chartered Surveyor, Kenya - Mr. OLASUPO Shasore, SAN, Partner, Ajumogobia & Okeke, Lagos-Nigeria Eng. Fred RWIHUNDA, Managing Director, RFM Engineering, Rwanda : Discussion 16.45: End of the first Day 19.30: Dinner Tuesday 27 th May : Third-Party Funding in Arbitration: Ethics and Regulatory Issues The use of third-party funding for international arbitration has been growing for several years, and its potential benefits and risks have received increasing attention from the arbitration community. The panel will discuss procedures, ethics, and related policy issues relating to third-party funding in international arbitration and way forward. - V V Veeder, QC, Essex Court Chambers, United Kingdom - Mr. Babatunde Fagbohunlu, Partner, Aluko & Oyebode, Nigeria John M. OHAGA, Managing Partner, TRIPLEOKLAW, Kenya : Discussion : Appointing the Arbitrator in Practice: This panel will discuss appointment of arbitrator in practice (Is by the Parties, the Institution or someone else?). Practical guidance on the steps that must be taken when appointing an arbitrator will be discussed including the pressing issues of unilaterally appointed arbitrators and its effect on the decision-making process. - Lise Bosman, Senior Legal Counsel, Permanent Court of Arbitration, Netherland - Remy Gerbay, Lecturer, School of International Arbitration, Queen Mary University of London, UK. Justice Emmanuel KAMERE, President of Commercial High Court, Rwanda : Discussion : Coffee Break : The Arbitral Award and the Dissenting Opinion Whenever an arbitral tribunal is composed of more than one arbitrator, the solving of a difficult and complex case may be preceded by the difficult task of harmonizing the opinions of the members of the arbitral tribunal. Sometime, when the arbitrators fail to do so, the arbitral award will be accompanied by a dissenting opinion. The panel will address from their experience this issue (Are dissenting opinions useful? What are the effects of such dissents). - Prof. Albert Jan Van Den Berg, Hanotiau & Van Den Berg, Belgium - Chief (Mrs.) Tinuade Oyekunle, Arbitrator and KIAC Board of Directors (Member), Nigeria. - Steven MUSISI, Managing Partner, Mubiru- Musoke, Musisi& Co Advocates, Uganda : Discussion : Influence of Legal Systems in International Arbitration: Practical Issues The session will discuss the interplay between two legal systems (Civil law and common law) at every stage of the arbitral proceedings (from the preliminary stage of the procedure up to the Enforcement stage) and determine whether there is conflict, 3

4 cultural shock or harmony. - David Greene, Senior Partner, Edwin Coe LLP, United Kingdom. - Karel Daele, International Arbitration Partner, Mishcon de Reya, Belgium. - Dr. Emmanuel UGIRASHEBUJA, Judge, East Africa court of Justice, Rwanda Discussion : Conclusion - Bernadette UWICYEZA, KIAC, Secretary General, Rwanda. - Faustin Mbundu, Chairman Board of Directors, KIAC, Rwanda : Lunch End of the Conference Funded By Sponsors 4

5 LOGISTICAL NOTES Registration fees The conference is supported by KIAC Alternative Dispute Resolution Project and the registration fee has been capped at an advantageous price. The fee covers all conference activities including Networking reception, workshop materials, lunches, coffee breaks and a dinner on Monday 26 th May Travel and hotel expenses are not included. Registration before the 5th May 2014 for KIAC panelist members: 300 USD Registration before the 5th May 2014 for others: 350 USD Registration after the 5th May 2014: 400 USD Accompanying Person Fee: 110 USD Registration and Payment for the conference will close on 15 th May 2014 Accompanying person fees include the welcome Reception on Sunday 25th May and Diner of 26 th May 2014.The accompanying person fee does not include or allow access to working sessions. How to Register Register online via our website: follow the link: Or Return the registration form to: kiac2014@kiac.org.rw Tel: , Tel: PO BOX 695 Kigali, Rwanda Registration will be confirmed upon receipt of the registration form and registration fees. Travel and accommodation Participants are responsible for making their own travel arrangements and hotel reservations. Hotel reservation can be made with Serena Hotel and Lemigo Hotel, with which KIAC has negotiated preferential rates for a standard room at 265 USD per night at Serena Hotel and 130 USD per night at Lemigo Hotel. For your Accommodation booking with Serena Hotel please contact GODFREY RURANGWA, grurangwa@serena.co.rw, Tel: The possibility of online payment is also offered by SERENA Hotel. Booking with LEMIGO Hotel contact: Kalima Gratien Tele fax : , Mob : / info@lemigohotel.com Please note that accommodation cost of Lemigo Hotel includes airport transfer and the hotel is located 5 to 10 minutes drive to the conference venue. Please note that the number of rooms reserved with the KIAC rate in both hotels is limited. As they will be distributed on a "first-come, first-served" basis, we recommend that you make your reservation ASAP. The preferential rates will be valid up to Monday 5 th May Hotel reservations made after this date will be accepted on a space available basis at prevailing rates. 5

6 Visa to Rwanda Please note that there is no visa required for nationals from EAC member states coming in Rwanda. Other nationals from all Africans Countries are issued with entry visa upon arrival at any Rwandan entry point. For other nationals; Rwanda allows online visa application which take few days to grant a visa. Please visit the website: A visa letter will be issued by organizers upon request after payment of the registration fee. Cancellation policy 50% of the registration fee will be refunded if notice of cancellation is received in writing before 5 th May Cancellations after this date are not refundable. Subject to agreement from KIAC prior to the event, the registration may be transferred to another person from the same company or organization at no extra charge. Updated registration information will be required. Please note that KIAC Services reserves the right to cancel this event or to make minor alterations to the content and timing of the Programme or to the identity of the speakers. In the unlikely event of cancellation, delegates will be offered a full refund. KIAC Services will not, however, be held responsible for any related expense incurred by the participant. Sponsorship Opportunity This conference offers you an unrivalled opportunity to maximize your visibility. For further information please read our sponsorship opportunities or contact: Annette Mbabazi on annette.mbabazi@kiac.org.rw or telephone:

7 Emerging Issues in International Arbitration: What a New Arbitral Seat Can Anticipate 25 th - 27 th May 2014, Serena Hotel, Kigali-Rwanda REGISTRATION FORM KIAC 2014 Please complete the Registration Form below and it to kiac2014@kiac.org.rw Title (Mr/Dr/Mrs/etc.) Family name First/given name Position Company Address City/state Country Tel ( ) Amount Due KIAC Panelists members before 5 th May: 300 USD Others before the 5 th May: 350 USD after 5 th May 2014: 400 USD Accompanying Person Fee: 110 USD ACCOMPANYING PERSON (if applicable): Method of Payment By Online Payment: Please follow the link: By Bank Transfer to: Beneficiary bank: I&M Bank (Rwanda) Limited Beneficiary customer: Kigali International Arbitration Centre Account number: (USD) Swift: BCRWRWRW CORRESPONDENT BANK ING BELGIUM (I&M Bank(Rwanda) limited holds accounts for all currencies) Swift code: BBRUBEBB OR CITIBANK NY (I&M Bank (Rwanda) Limited holds only USD account) Swift code: CITIUS33 Please indicate the reference KIAC 2014 and the name of the participant. Please note that the participants themselves must cover transfer fees charged by the bank. Date Signature 7

8 Data protection of information The details you provide on this form will be used for registration purposes. They will be stored in KIAC s databases for the sole use of KIAC (the Kigali International Arbitration Centre) The details you provide may be used by KIAC to keep you informed of developments in your area of activity through publications and events. Please indicate if you wish to receive such information: Yes No Disclaimer The pictures and footage taken by KIAC staff or photographer at this event may be used, without further notification, at a later date with in printing and online materials such as brochures, marketing tools, social media and the KIAC website. Registration implies that you accept this disclaimer. 8

Study of a mock case under the 2012 ICC Rules of Arbitration

PIDA Training Paris, 24-27 September 2012 International Commercial Arbitration Under the auspices of the ICC Institute of World Business Law Study of a mock case under the 2012 ICC Rules PIDA training