Forum for legal practitioners Think-tank. First-class trainings and topical conferences International networking

Transcription

1 Forum for legal practitioners Think-tank First-class trainings and topical conferences International networking INTERNATIONAL CHAMBER OF COMMERCE (ICC)

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3 Contents Message from the Chairman... 2 About the Institute... 3 The Council... 4 Membership Why join?... 8 Conferences Institute Prize First-class Trainings Special Events Dossiers of the Institute Sponsorship opportunities Date of publication September The information given in this brochure is current at the time of publication. 1

4 MESSAGE FROM THE CHAIRMAN The ICC Institute of World Business Law was created in 1979 to provide ICC and the business community with an independent scientific body in order to study legal issues relating to international business and to provide training services in this respect. Due to the high qualities of the members of its Council under the guidance of prominent chairmen, Pierre Lalive and Serge Lazareff and the support of carefully selected Associate Members, it has performed its mission with continuous success. It is precisely due to the extent of that success that it was decided in 2012 to provide the Institute with a new structure which would open it more largely to the practitioners of business law throughout the world. With its new Statutes, adopted in 2013, the ICC Institute is now a body with unlimited members and a Council of up to 50 persons, elected within its membership. This brochure aims to present the various activities that the Institute provides to the business community and make international practitioners understand why they should contribute to them. Yves Derains 2

5 ABOUT THE INSTITUTE Since 1979, the ICC Institute of World Business Law has been drawing together the finest legal minds to strengthen links between international business practitioners and the legal profession. In line with its philosophy of excellence, the Institute proposes trainings, conferences and publications on a range of topics related to international business law. It also acts as a think-tank, working close ly with the ICC Court of Arbitration and ICC policy commissions. The aims of the Institute are: to encourage the study of legal matters concerning international business to foster a wider knowledge of the law and practices of international business to strengthen links between prac titioners in international business, scholars and researchers to offer lawyers, business people and students the means to deepen their knowledge of legal techniques in international trade and to prepare themselves to apply them in practice Chaired by Yves Derains, Founding Partner of the Paris law firm Derains & Gharavi and former Secretary General of the ICC International Court of Arbitration, the Council of the Institute is composed of 36 renowned arbitrators and experts in international law of 21 nationalities. Through its members, the ICC Institute of World Business Law constitutes a forum for all practitioners who are interested in the practice, study, and development of international business law. 3

6 THE COUNCIL The ICC Institute is a vibrant and dynamic group of practitioners interested in the betterment of international business law. Yves Derains Chairman Yves Derains Chairman Founding Partner, Derains & Gharavi, France; Former Secretary General, ICC International Court of Arbitration Yves Derains, former Secretary General of the ICC International Court of Arbitration and Director of the Legal Department of the ICC, is member of the Paris Bar and a founding Partner of the law firm Derains & Gharavi. He is specialized in international arbitration and is acting both as arbitrator and counsel of parties in arbitration proceedings. Mr Derains is former Chairman of the Comité Français de l Arbitrage. He was Chairman of the Working Party on the Revision of the ICC Rules of Arbitration in 1998 and Co-Chairman of the ICC Task Force on the Reduction of Costs and Time in international arbitration. He has been a member of the French Committee on Private International Law since He is a member of the Governing Board of the International Council for Commercial Arbitration (ICCA) and a member of various other organizations specialized in internation al arbitration and international business law. He is Honorary Professor of the Law Faculties of San Ignacio de Loyola University, Lima and Lima University. 4

7 TRIBUTE TO PAST CHAIRMEN Pierre Lalive Chairman, Pierre Lalive was Senior Partner and founder of the firm Lalive as well as Professor of Law Emeritus at Geneva Law School. He was one of the world s leading specialists in international disputes. He was the honorary President of the Swiss Arbitration Association (ASA), Member of the International Council for Commercial Arbitration (ICCA) and the Court of Arbitration for Sport (CAS). He was also the Founder, former Editor-in-Chief and Chair of the Advisory Committee of the ASA Bulletin. Serge Lazareff Chairman, Serge Lazareff was partner of Lazareff Le Bars. He was Doctor of Law of the University of Paris and held an LL.M. from Harvard. He was Chair of the French Arbitration Commission of ICC France. He was formerly General Counsel for International Operations and Vice-President Asia-Pacific of Pechiney, one of the leading French industrial groups. The Institute s founder, Professor Lalive, was one of the rare arbitration specialists able to combine a wide practical experience with a rigorous scientific approach, as illustrated in his famous article on truly international public policy, just one of his many pieces of excellent writing. Yves Derains 5

8 THE COUNCIL Antonias Dimolitsa, Vice Chair Founding Partner, Antonias Dimolitsa & Associates, Greece Antonias Dimolitsa has extensive experience in arbitration. She has served as President, Sole Arbitrator, Coarbitrator and Counsel in numerous international arbitration proceedings. She is a former member of the ICC International Court of Arbitration and Vice-President of the ICC Commission on Arbitration and member of the DSC Committee of the 2012 revision of the ICC Rules. She is a former Vice-President of the IBA Arbitration Committee. She is a Council Member of the Greek Arbitration Association, Member of the Milan Club of Arbitrators and Athens Correspondent of the IAI. Alexis Mourre, Vice Chair Senior Founding Partner, Castaldi Mourre & Partners, France; Vice- President, ICC International Court of Arbitration Alexis Mourre heads the international arbitration and litigation department of the firm. He has acted in more than 160 ad hoc or institutional commercial arbitration proceedings as counsel, expert witness, co-arbitrator, chairman or sole arbitrator. He is author, co-author or editor of several books, and the founder and past director of the Paris Journal of International Arbitration, a leading French publication on arbitration and ADR. Eric A. Schwartz, Vice Chair Partner, King & Spalding, United States; Vice- President, ICC International Court of Arbitration Eric A. Schwartz was educated at Dartmouth College (B.A.) and Yale University (J.D.) and is a member of the bars of California and Paris. He is currently a Partner in King & Spalding s New York office and a member of the firm s International Arbitration Practice Group. Over the last 30 years, in addition to his tenure at ICC, he has acted as counsel or as an arbitrator in over 100 international arbitration proceedings under all of the principal international arbitration rules. He is the co-author (with Yves Derains) of A Guide to the ICC Rules of Arbitration. 6

9 Ex-officio members John Beechey, President, ICC International Court of Arbitration Andrea Carlevaris, Secretary General, ICC International Court of Arbitration John Danilovich, ICC Secretary General Christopher Newmark, Chairman, ICC Commission on Arbitration Council members Georges Affaki, Associate Professor, University Panthéon-Assas (Paris II), France Luiz Olavo Baptista, Partner, L.O. Baptista Schmidt Valois Miranda Ferreira Agel, Brazil Karl-Heinz Böckstiegel, Independent Arbitrator, Germany Fabio Bortolotti, Partner, Buffa, Bortolotti & Mathis Studi Legali Associati, Italy David Brown, Partner, Clyde & Co., France Mohammed Chemloul, Partner, Chemloul & Associés, Algeria Nayla Comair-Obeid, Senior Partner, Obeid Law Firm, Lebanon; Professor, Lebanese University and Paris II Assas Bernardo Cremades, Senior Partner, B. Cremades y Asociados, Spain Antonio Crivellaro, Of Counsel, Bonelli Erede Pappalardo, Italy Filip De Ly, Professor of Law, Erasmus University Rotterdam, The Netherlands H. Ercüment Erdem, Senior Partner, Erdem & Erdem, Turkey Paul-A. Gélinas, Independent Arbitrator, France Andrea Giardina, Of Counsel, Chiomenti Studio Legale, Italy; Emeritus Professor, Sapienza, University of Rome Teresa Giovannini, Partner, Lalive, Switzerland Horacio A. Grigera Naón, Independent Arbitrator, USA Bernard Hanotiau, Professor and Lawyer at the Brussels and Paris Bars, Hanotiau & van den Berg, Belgium Kristine Karsten, Partner, VistaLaw, France Bohuslav Klein, Arbitrator, Arbitration Court of the Economic Chamber of Czech Republic, Czech Republic Richard Kreindler, Partner, Cleary Gottlieb Steen & Hamilton LLP, Germany; Professor, University of Muenster Laurent Lévy, Partner, Lévy Kaufmann-Kohler, Switzerland Julian D.M. Lew QC, Barrister, 20 Essex Street Chambers, United Kingdom Munir A.F.M. Maniruzzaman, Professor of International Business Law, University of Portsmouth, United Kingdom Pierre Mayer, Partner, Dechert LLP, France; Professor Emeritus, University Paris I François Perret, Attorney, Switzerland; Professor Emeritus of Law, University of Geneva Hassan Ali Radhi, Senior Partner, Hassan Radhi & Associates, Bahrain Tarek F. Riad, Manag ing Partner, Kosheri Rashed & Riad, Egypt; Professor of Commercial Law, German University in Cairo V.V. Veeder QC, Barrister-at-Law, Essex Court Chambers, United Kingdom Emmanuel Vuillard, Corporate Legal Advisor, Alstom, France 7

10 MEMBERSHIP WHY JOIN? Members have the opportunity to: Contribute to the work of the Institute Make known and support the activities of the Institute Provide the Institute with a wealth of expertise in many fields of international law and practice Apply to speak at Institute events Propose various subjects for reflection Promote Institute activities in their home countries Benefits 5% reduction on all Institute conferences and some other selected ICC conferences 20% reduction on all Institute publications An invitation to attend an annual Colloquium free of charge After two years of Institute membership members will be eligible for Council membership, the governing body of the Institute A Directory of Institute Members compiling short biographies of all Members to be published by the end of 2014 A twice-yearly electronic Newsletter 8

11 How to become a member You can apply for membership directly online: org/about-icc/organization/instituteof-world-business-law/register-online/ or by returning the membership registration form: E institute@iccwbo.org F +33 (0) Post: ICC Institute of World Business Law avenue du Président Wilson Paris, France Membership Fees All members are required to pay an annual membership fee that runs from January to December. Standard rate: 350* Under 35 rate: 200* Please note that, according to the Institute Statutes (Article 4.8.b), an Admission Committee will consider *excl. VAT your application. For this purpose, you will be asked to send a CV. You will also be invited to fill in a form and send a photograph for the directory. Should your candidacy not be approved by the Council of the Institute, your payment will be reimbursed. The ICC Institute of World Business Law, a long standing and truly international forum dedicated to foster business law and arbitration throughout the world, has launched a new membership programme that will allow more specialists and followers to share in its action alongside renowned practitioners and scholars. This unique opportunity, coupled with other benefits including a listing in a Membership Directory, must unquestionably be seized. Paul-A. Gélinas, Independent Arbitrator, France 9

12 CONFERENCES Annual conferences of the Institute This is the occasion for legal experts to deliberate on a topical issue and contribute towards reflection on new practices in international arbitration. Projecting five to ten years ahead, international lawyers, business persons and students come together to examine cutting edge matters in world business law. The proceedings are compiled in the Dossiers of the Institute series, published annually. Topics include: Addressing Issues of Corruption in Commercial and Investment Arbitration Jurisdictional Choices in Times of Trouble International Arbitration and Substantive Applicable Law Third Party Funding in International Arbitration Player s Interaction in International Arbitration Is Arbitration only as Good as the Arbitrator? Multiparty Arbitration Written Evidence and Discovery in International Arbitration Interest, Auxiliary and Alternative Remedies in International Arbitration Evaluation of Damages in International Arbitration Parallel State and Arbitral Procedures in International Arbitration Arbitration and Oral Evidence Arbitration Money Laundering, Corruption and Fraud 10

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14 INSTITUTE PRIZE About the Prize In 2007, the ICC Institute of World Business Law created the Prize of 10,000 for an excellent thesis on International commercial law. The biannual Institute Prize aims to contribute towards the understanding and progress of international commercial law around the world and to encourage those engaged in focused research on legal issues affecting international business. It is designed to recognize excellent legal writing in the field of international commercial law, including arbitration. The Institute Prize is open to Doctoral dissertations and long essays, drafted in English or French, the two official languages of ICC, on international commercial law (including arbitration). For information on the 2015 edition, please go online to: institute-of-world-business-law/ Jury members President H. Ercüment Erdem, Partner, Erdem and Erdem, Turkey; Professor of Commercial Law, Galatasaray University Georges Affaki, Associate Professor, University Panthéon-Assas (Paris II), France Luiz Olavo Baptista, Partner, L.O. Baptista Schmidt Valois Miranda Ferreira Agel, Brazil; Professor, Department of International Law, University of Sao Paulo Law School Nayla Comair-Obeid, Senior Partner, Obeid Law Firm, Lebanon; Professor, International Commercial Arbitration, Lebanese University, Beirut and Paris II Assas Antonio Crivellaro, Of Counsel, Bonelli Erede Pappalardo, Italy; Former Professor of International Trade Law, Padua University Richard Kreindler, Partner, Cleary Gottlieb Steen & Hamilton LLP, Germany; Professor, University of Muenster Horacio Grigera Naón, Independent Arbitrator, Washington, United States François Perret, Attorney, Switzerland; Professor Emeritus of Law, University of Geneva 12

15 I am proud to have been a part of this Institute tradition since its inauguration. In celebrating a dynamic and reflective work Proving the interest of practising lawyers in the promotion of research on international commercial law, law firms and legal departments have sponsored the Prize: of high-academic standard, we foster the next generation of legal minds who will continue our legacy of leading the development and understanding of International Commercial Law. H. Ercüment Erdem, Senior Partner, Erdem & Erdem, Turkey I m honoured to receive this prize as the ICC Institute has always been at the forefront of academic discussions about international arbitration, said Mr Gildemeister, a doctor of law and lecturer at the University of Versailles Saint- Quentin (France), Laureate of the 2013 Institute Prize. I d be happy if, through the ICC Institute, my thesis contributes to stimulating discussions about the arbitrability of tax disputes. 13

16 FIRST-CLASS TRAININGS The Institute s intensive training courses have a reputation for being the best in their field and are recognized around the world. Participants have a ringside seat for ICC Arbitration, learning firsthand from the Secretariat of the ICC Inter national Court of Arbitration and also benefit from ICC s expertise in drafting international contracts, Model Clauses and Incoterms. Our trainings combine practical group working sessions with highlevel technical presentations ensuring the best learning outcomes. Participants can also choose from a range of basic and advanced level trainings. Trainings are held all over the world and offered in English, French, Arabic, Portuguese and Spanish. CLE credits and CPD hours are awarded in the jurisdictions of California, New York, in the United Kingdom, and by the Paris Bar helping participants to keep up to date with their licensing or recertification requirements. 14

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18 TRAINING: INTERNATIONAL COMMERCIAL ARBITRATION Duration: 3.5 days Participants: 50 Levels: 1. PIDA training 2. Advanced PIDA training Cost per participant (excluding VAT) Earlybird: 1,529 ICC members: 1,835 Non-members: 2,199 Training aim This training provides participants with a first-hand experience and understanding of the ICC Arbitration procedure through practical and interactive sessions. Participants will study the arbitration proceedings through the simulation of a mock case. The Advanced PIDA training is designed for practitioners who already have strong experience in international commercial arbitration to enhance their knowledge. The mock case offers a set of complex circumstances (issues of multiparty and multicontract arbitration). Learning outcomes Understand the ICC Rules and practice of International Commercial Arbitration Prepare and draft the Request for Arbitration and the Answer to the Request submitted to the Arbitral Tribunal Identify the issues and the role of the ICC Court Secretariat at the start of the arbitral proceedings Select and appoint appropriate arbitrators Target audience Practising lawyers Legal directors and corporate counsel from companies involved in international commercial arbitration Judges 16

19 Main topics Arbitration in the world today and general principles of arbitration Presentation of ICC Arbitration and ICC Dispute Resolution Services Request for Arbitration and Answer to the Request for Arbitration Role of the Secretariat of the ICC International Court of Arbitration before the Terms of Reference Selection and appointment of arbitrators Differences in procedural approaches: Civil law v. Common law Terms of Reference Powers, duties and role of arbitrators Presentation of arbitral procedures and hearings Preliminary hearing, testimony and other evidence Cross examination Oral pleadings Drafting of the final Arbitral Award 17

20 TRAINING: ICC INSTITUTE MASTERCLASS FOR ARBITRATORS Duration: 2.5 days Participants: 60 Level: Masterclass Cost per participant (excluding VAT): Earlybird: 1,290 ICC members: 1,560 Non-members: 1,790 Masterclass aim This training provides participants with an opportunity to reinforce their knowledge of the fundamentals of international commercial arbitration and to learn about the latest developments and best practices related to serving as an international arbitrator. Learning outcomes Understand the role of the arbitrator and the major differences between the role of a sole arbitrator, co-arbitrator and the chairman Understand the selection process of the arbitrators which involves various issues such as the interview process and the conflict checks Deal with the types and level of disclosures that are required by the obligation of impartiality and independence Deal with the commencement of proceedings to establish an orderly and efficient process Establish authority and the framework for the arbitration 18

21 Target audience This advanced level training is designed primarily for practitioners who have significant experience in international commercial arbitration as counsel, but who have little or no experience as arbitrators. Attendees are expected to have already mastered the essentials of arbitral proceedings and ICC Arbitration, as these will not be reviewed during the Masterclass. Please note that a Curriculum Vitae is requested upon registration as candidates are accepted depending on their experience. Masterclass topics Examining the role of the arbitrator Understanding the major differences between sole arbitrator, co-arbitrator, and the chairman Focus on how the appointment of arbitrators functions Understanding the general administrative matters arbitrators deal with at the beginning of proceedings Critical procedural matters in arbitral process Establishing the arbitrator s authority to create a suitable framework for the arbitration Focus on hearing conducting procedures Mock arbitral tribunal to explore issues pertaining to relations between arbitrators 19

22 ICC ADVANCED ARBITRATION ACADEMY FOR CENTRAL AND Duration: Eight workshops in five countries over a two-year period Participants: 40 Cost per participant 5,000* (625 * per workshop) * excl. VAT. Learning outcomes The programme covers the main stages of the arbitration proceedings from an arbitrator s point of view. It aims at improving legal knowledge and developing practical skills such as efficient case management and drafting. Practitioners who successfully complete the course will have acquired a strong command of the arbitration procedures and techniques, and shall be fully capable of acting as arbitrators in international arbitration cases. This course is also a unique opportunity for exchanging and networking with leading professionals in the field. Who should attend? This advanced level professional training is designed primarily for senior and upper mid-level arbitration practitioners based in Central and Eastern European countries who are interested in pursuing a career as an arbitrator. Both institutions and arbitration practitioners would benefit from this programme. This programme is limited to 40 participants who possess an advanced knowledge of the English language and sufficient experience in international arbitration. Please note that a Curriculum Vitae is requested upon registration as candidates will be selected according to their experience. Candidates must be based in Central or Eastern Europe. 20

23 EASTERN EUROPE Description This course is organized on a twoyear basis, divided into eight workshops, which take place every three months in a different country. Each workshop will consist of: Review and study by the participants of relevant topics on the basis of recommended materials; Analysis of practical situations based on ICC cases; Drafting procedural documents (correspondence with the parties, Terms of References, Procedural Orders, Awards etc.); One-day colloquia where key-note speakers discuss practical situations with the participants. Qualification Exercises At each session the participants will be provided with a list of required and recommended reading for the next session. The session colloquia shall be structured on the assumption that the participants have studied the list of required and recommended reading. Participation in the workshop discussions is essential. Written exercises shall be organized in relation to the topics covered in the session. Guidelines and materials for the written exercises will be provided. The exercises shall be read by the tutors; feedback shall be provided at the beginning of the following session. 21

24 TRAINING: INTERNATIONAL CONTRACTS Duration: 3.5 days Participants: 40 Levels: 1. Training 2. Advanced training Cost per participant (excluding VAT) Earlybird: 1,529 ICC members: 1,835 Non-members: 2,199 Training aim Negotiating and drafting a contract of quality, which will allow the parties to preserve their relation ship in the long term, are skills and techniques that need to be learned, as are managing the post-contract and dealing with different kinds of conflict resolution. This seminar focuses on these issues and the main problems that arise in international contracts, through the study of a mock case. Learning outcomes Acquire the skills to negotiate and draft a contract Strategies and techniques of negotiation Be able to use the ICC model clauses Learn the techniques on how to avoid and resolve disputes Understand the importance of cultural and legal differences to avoid misunderstandings in an international context Practical application with mock case 22

25 Target audience Legal directors and corporate counsel from companies involved in international trade Practising lawyers Legal practitioners advising international trading companies Business people involved in international trade and dispute resolution International Contracts topics Strategies and techniques of negotiation Essential and accessory clauses ICC Model Clauses (Force Majeure, Hardship and Confidentiality clauses) Acquire techniques for drafting key clauses The grounds of failure renegotiation strategies Dispute resolution: State Tribunals, ADR, arbitration or combination of the med-arb Reducing risks, costs and loss of time The ICC ADR, Expertise and Dispute Boards Rules Importance of cultural and legal differences Civil law v. Common law approach Practising international contracts in various regions of the world 23

26 SPECIAL EVENTS Colloquia of Arbitrators These informal meetings attract some of the most experienced international arbitration practitioners in the world. Symposium of Arbitrators Co-organized with the School of International Arbitration and Centre for Commercial Law Studies, Queen Mary, University of London. This advanced one-day session on a selected topical issue in international commercial arbitration is on invitation only. The Institute organizes gatherings on various topics around the world and is open to proposals. If you would like to host an event please contact events@iccwbo.org. A full schedule of upcoming events can be found at: The Joint Symposium of Arbitrators is a must-attend forum to understand and discuss current hot topics and issues that arbitrators are increasingly faced with, and offers practical tools to resolve them. Philippe Cavalieros, Winston & Strawn LLP, France 24

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28 DOSSIERS OF THE INSTITUTE Publications Every year the ICC Institute publishes a Dossier, the outcome of the ICC Institute of World Business Law s annual conference. The Series of Institute Dossiers compiles topical analysis and proposals from leading international arbitrators and practitioners. The Dossiers can be purchased through ICC Publications, the publishing arm of ICC. It provides resources for international business; invaluable for bankers, lawyers, arbitrators and anyone involved in cross border trade. The content of ICC s publications is derived from the work of ICC commissions, institutions and international experts. In addition to the traditional paper format, the ICC Store also offers practical e-books for which the delivery time takes only minutes. Please visit the ICC Store at

29 SPONSORSHIP OPPORTUNITIES The Institute Preferred Partner opportunity enables your company to be part of an elite group which has preferential access to the Institute s activities and its members. As a Preferred Partner, the Institute will provide you with the platform to engage directly with our members, law practitioners and law firms across all sectors. Preferred Partner Benefits Preferred Partners will have firsthand access to our members at each of our annual events. Your company can connect directly with potential customers in the arbitration field at each event through preferential benefits such as: Opportunity to address attendees during a social event Space in our exhibition area Complimentary registrations Signage at the venue Opportunity to include branded material in the delegates pack Top branding on all materials associated with each event As a Preferred Partner your company will also have preferential branding on the Institute Directory Dossier Brochures Website Social media channels Opportunity The Preferred Partner plan is limited to a maximum of four companies per calendar year; with a minimum of two. ICC holds the right to accept or refuse any preferred partner applications. The annual fee is 20,000. If you are interested in becoming a Preferred Partner please contact Luz Rodriguez, ICC Global Partnerships Manager, at +33 (0) or lrz@iccwbo.org. 27

30 CONTACT US E institute@iccwbo.org F +33 (0) ICC Institute of World Business Law avenue du Président Wilson Paris, France Katharine Bernet Project Manager T +33 (0) Sybille de Rosny-Schwebel Director T +33 (0) Ewa Jablonska Project Officer T +33 (0)

31 International Chamber of Commerce (ICC) avenue du Président Wilson, Paris, France T +33 (0) F +33 (0)