ASA Annual Conference Friday, 2 February Expert Evidence: Conflicting Assumptions and How to Handle them in Arbitration preceded by the first ASA Gala Dinner and 2018 ASA Advocacy Prize Giving Ceremony Thursday, 1 February Zurich, Switzerland
ABOUT THE CONFERENCE Conference Topic The Use of Experts in International Arbitration Conflicting Assumptions and Expectations The conference will explore various aspects relating to the presentation of expert evidence and specifically address the issue of conflicting assumptions and expectations that parties may have and how an arbitral tribunal could deal with them. Schedule at a Glance, 2 February 2018 08:00 COFFEE & REGISTRATION 09:00 CONFERENCE 13:00 LUNCH 14:00 CONFERENCE CONFERENCE PROGRAMME 9:00 9:10 WELCOME ADDRESS AND INTRODUCTION TO THE CONFERENCE TOPIC Sébastien Besson Lévy Kaufmann-Kohler, Geneva Harold Frey Lenz & Staehelin, Zurich 9:10 10:20 PANEL 1 CONFLICTING ASSUMPTIONS AND EXPECTATIONS ON THE ROLE OF EXPERT EVIDENCE IN ARBITRATION MODERATION: Michael E. Schneider LALIVE, Geneva The general role of experts and the scope of expert evidence Duties of the expert to the Tribunal (and-) or to the client Power and duty to investigate the facts Ethical duties of experts and those interacting with them SPEAKERS: Christopher Harris 3VB, London Dr. Christopher Boog Schellenberg Wittmer, Zurich James Nicholson FTI Consulting, Inc., Paris 10:20 10:45 Coffee Break 2
10:45 13:00 PANEL 2 INSTRUCTING EXPERTS MODERATION: Markus Wirth Homburger, Zurich Instructions to party-appointed experts: Instructions to tribunal-appointed experts: SPEAKERS: Eda Cerrahoğlu Balssen Cerrahoğlu, Istanbul Michael Young Quinn Emanuel, Paris Doug Hall Smith & Williamson LLP, London 13.00 14:00 Lunch 14.00 15:15 PANEL 3 MANAGING EXPERTS DURING THE ARBITRAL PROCEEDINGS Conflicting assumptions and expectations regarding the management of experts in the pre-hearing phase Conflicting assumptions and expectations regarding the management of experts during the hearing Specific issues relating to legal experts MODERATION: Wolfgang Peter Peter & Partners, Geneva SPEAKERS: Amanda Lees Simmons & Simmons, Singapore Karsten Kristoffersen Bruun & Hjejle, Copenhagen Bernhard Berger Kellerhals Carrard, Bern 15.15 15:45 Coffee Break 15:45 17:00 PANEL 4 THE ASSESSMENT OF EXPERT EVIDENCE Assessing opinions of tribunal appointed experts: How much room for the arbitrators What can be done in case of irreconcilable / conflicting opinions from the party appointed experts? MODERATION: Natalie L. Reid Debevoise & Plimpton LLP, New York SPEAKERS : Mélanie van Leeuwen Derains & Gharavi, Paris Prof. Pierre Tercier Fribourg Sophie Nappert 3VB, London 17:00 17:10 CLOSING REMARKS Elliott Geisinger ASA President, Schellenberg Wittmer Ltd., Geneva 3
ABOUT THE GALA DINNER For the first time in 2018, ASA will hold a gala dinner the evening before the conference. The dinner will take place at 18:00 on Thursday 1 February at the Zunfthaus zur Saffran, Zurich. It will include a welcome drinks reception, three course meal with accompanying wine, followed by tea and coffee and the ASA Advocacy Prize Giving Ceremony. The Advocacy Prize seeks to recognise counsel who, through their exceptional talents in advocacy, significantly contribute to the promotion of effective resolution of international commercial disputes through arbitration. Past recipients of the prize include Raëd Fathallah, Melissa Magliana, Philippe Pinsolle and Franz T. Schwarz. Schedule at a Glance 18:00 WELCOME DRINKS RECEPTION 19:00 DINNER 21:00 ASA ADVOCACY PRIZE-GIVING CEREMONY 22:30 END 4
ABOUT THE CONFERENCE & GALA DINNER Who should attend? All professionals involved in dispute resolution: lawyers, arbitrators, corporate counsel, and academics. Sponsorship Opportunities The ASA Conference and ASA Gala Dinner 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. CPD/CLE Credits England/Wales, France (CNB), New York CLE and California MCLE credit may be available upon request. If applicable, please enquire at info@arbitration-ch.org. Join the ASA Conversation ASA is becoming more active on LinkedIn and Twitter, and our network is growing, but we need your help. Use social media to network and stay in touch with ASA s activity. See who is attending the 2018 ASA Conference by searching the hash tag #ASAConf2018 and even post your own thoughts or photos. Just use the handles @ASAArbitration (Twitter) and @ASA - Swiss Arbitration Association (LinkedIn) and follow, like and share. ABOUT THE ORGANIZERS ASA Swiss Arbitration Association The Swiss Arbitration Association (ASA) has over 1000 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 www.arbitration-ch.org. Conference Organisation Sébastien Besson, Lévy Kaufmann-Kohler, Geneva Harold Frey, Lenz & Staehelin, Zurich 5
PRACTICAL INFORMATION Conference Registration and Fee Until 31 December 2017: ASA members: CHF 600 / Non-members: CHF 785 (incl. VAT) Thereafter: ASA members: CHF 650 / Non-members: CHF 835 (incl. VAT) Those attending the SCAI Innovation Conference on the 1 February at the Zurich Marriott Hotel will receive a CHF 25 discount. Click here for more information about the SCAI Innovation Conference. Register by Thursday 25 January 2018 for inclusion in participant list. The fee includes lunch, coffee breaks, and welcome reception. 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 2017. 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. Gala Dinner Registration and Fee The first ASA Gala Dinner will take place at the Zunfthaus zur Saffran, an iconic Zurich venue. Registration by 26 January 2018: The CHF 125 (incl. VAT) fixed fee includes a three-course meal and access to the 2018 ASA Advocacy Prize prize-giving ceremony. The Gala Dinner fee is non-refundable. Please note there are limited spaces available for the Gala Dinner and registration will be on a first come, first served basis. Where? How to get there? Conference, 2 February: Zurich Marriott Hotel, Neumühlequai 42, 8006 Zurich The Zurich Marriott Hotel is centrally located, 300 metres north of the main Zurich train station. Trains run regularly from Zurich Airport. Gala Dinner, 1 February: Zunfthaus zur Saffran, Limmatquai 54, 8001 Zurich The Zunfthaus zur Saffran is centrally located, 1.5 kilometres from the Marriott Hotel and 900 meters from the main Zurich train station. Accommodation Please enquire with the Zurich Marriott Hotel for potential preferential conference rates, at +41 (0)22 902 66 66, or consult the ASA website here. 6
REGISTRATION FORM ASA ANNUAL CONFERENCE 2018 ASA customer N (if applicable) PLEASE RETURN TO: ASA Boulevard du Théâtre 4, P.O. Box 5429 CH-1211 Genève 11 Fax: +41 22 310 37 31 Email: info@arbitration-ch.org First Name Last Name Position Firm/Company Address City Country Tel. Fax E-mail Conference Fee (incl. VAT) Registration by 31 December 2017: ASA member: CHF 600 / Non-member: CHF 785 Thereafter: ASA member: CHF 650 / Non-member: CHF 835 Check if attending the SCAI Innovation Conference on the 1 February: CHF 25 Discount Gala Dinner Fee (incl. VAT) Registration by 26 January 2018: CHF 125 (Please note that there are limited spaces available at the Gala Dinner and registration will be on a first come, first served basis). Method of Payment Upon receipt of invoice by bank transfer, ref. customer n or name / Feb. 2018 to acc.: 40-28802-1, Die Schweizerische Post - Postfinance, Bern, Clearing: 9000 Swift/BIC: POFICHBEXXX IBAN: CH6409000000400288021 For payment by credit card solely for participants outside Switzerland: Card number: Name of card holder: Exp. Date: 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 after invoicing, upon receipt of payment. Date Signature 7