Thirteenth Annual Leading Arbitrators’ Symposium on the Conduct of International Arbitration

Category
YAAP
Date
10 Apr 2017 00:00
Venue
Grand Hotel Wien - Kärntner Ring 9
1010 Wien, Austria

 

Leading international arbitrators and practitioners will discuss, in Socratic form, four topics of importance to counsel, arbitrators and business people who are involved in the resolution of international commercial disputes through arbitration:

Effective Presentation of Evidence – Including Witness Statements and Cross-Examination

  • Different presentation styles in various legal systems: emphasis on oral or written evidence; is there a predominating style of taking evidence in international arbitration, i.e., have we arrived at a Lex naturalis arbitri void of cultural differences?
  • Are PowerPoint’s good advocacy?
  • Presentation of evidence by videoconference. Is this the future?
  • Is it always necessary to have an oral hearing? When is summary disposition permissible (or necessary)?
  • Who controls the length of a hearing? Should arbitrators impose their views or defer to the parties?
  • Are there too many witnesses, too many documents – is advocacy lost among the detail?
  • Is witness conferencing effective? Are there particular circumstances when it is most appropriate? Inappropriate?
  • Should the tribunal-appointed expert always appear at a hearing and be subjected to questions about his or her conclusions

 

Ethics and Behavior

  • Applicable ethical codes, for arbitrator and attorneys
  • Independence and impartiality of arbitrators; standards of impartiality
  • Arbitrators’ duty to disclose
  • Arbitrators’ duty to investigate whether there are conflicts
  • Preparation of witnesses; where goes the borderline to abuse?
  • Do attorneys’ request for discovery have ulterior motives, e.g. to get access to business secrets, marketing methods, know-how or other information useful to his client but not necessary for the case?
  • Remedies
  • Ethical issues versus cultural differences, have we arrived at a global standard

 

Post-Hearing Activities

  • Post-hearing briefs and/or separate oral argument? Are post-hearing briefs disappearing from the scene? Their strengths and weaknesses? Should they be limited in scope /by topics (factual/technical/legal)?
  • Should closing submissions generally be limited to core issues? If so, how and when to identify them? “Positive” and “negative” list of issues? How much time after the evidentiary hearing? Page limits?
  • When is it justified to reopen the proceedings after they have been “closed?” How to best limit the risk of having to re-open the proceedings?
  • Should arbitrators start deliberating right after the evidentiary hearing? Dynamics of deliberation meetings and dissenting opinions
  • When should arbitrators start with the drafting of the award? Is there a way to allocate the drafting work within the tribunal?
  • Decisions on costs: to what extent counsel’s attitudes during the proceedings should be considered? To what extent in-house counsel costs should be considered?

 

Effective and Efficient Management of Proceedings

  • Whose arbitration is it anyway: the extent of control the parties can expect to have over the way in which arbitrations are conducted; is it appropriate for arbitrators to impose their views regarding extent of discovery and time allowed for cross-examination?
  • Disconnects between the approaches parties and their lawyers may assume will be taken to the management of proceedings, whether arising from cultural differences or from idiosyncratic approaches taken by some arbitrators?
  • Expectations and realities as to time and cost; best practices for reducing time and costs?
  • How do arbitrators encourage parties to comply with the procedural directions? Using costs as a weapon? What else?
  • Is it efficient for a tribunal to appoint experts? When should the tribunal appoint an expert?
  • When a witness testifies in his own language but clearly is comfortable in the language of the arbitration – should the tribunal direct the witness to use that language in order to speed up the proceedings and avoid unfair advantages?
  • When the arbitrators are too busy; has the order introduced by the ICC, that arbitrators must indicate availability before accepting an appointment, achieved its purpose of speeding up the arbitrations?
  • What about the ICC’s requirement that the arbitrators must inform the Parties of the date by which they expect to submit their draft award? Has this reduced the delay in getting awards to the Parties? What other ways exist to achieve that goal?

 

Moderators and speakers include Grant Hanessian, Sophie Nappert, Andrew Aglionby, Jalal El Ahdab (Jil Ahdab), Omar M. H. Aljazy, Mark Baker, Brian Casey, Robert B. Davidson, Ugo Draetta, Diana Droulers, Thomas D. Halket, Wulf Gordian Hauser, Kaj Hobér, Martin Hunter, Doug Jones, Vladimir Khvalei, Stefan Kröll, Loukas Mistelis, Lawrence Newman, Christopher Newmark, Stefan Riegler, Catherine A. Rogers, Carita Wallgren-Lindholm, Janet Walker.

For more information on the program, please click here or register by using the conference registration form.


Date:
10 April 2017
Venue: Grand Hotel Wien, Kärntner Ring 9, 1010 Vienna

 
 

All Dates

  • 10 Apr 2017 00:00
 

Past Events

23
Mar
Hannelore Vienna - Bar & Living Room, Dorotheergasse 6-8, 1010 Vienna
We are excited to announce that YAAP and HK45 are co-hosting a cocktail reception on the occasion of this year’s Vis Moot.

23
Mar
Großer Festsaal, University of Vienna Universitätsring 1, 1010 Vienna, Austria
Get ready for the ICC Arbitration YAAF & YAAP joint conference on 23 March 2024 during the 31st Vis Moot in Vienna!

20
Mar
August & Debouzy, 7 Rue de Téhéran, 75008 Paris
YAAP, together with other young arbitration organizations, organized a panel discussion on “Arbitration,

15
Feb
Café Korb, Brandstätte 7/9, 1010 Wien
We are happy to invite you to our upcoming YAAP Roundtable with Sona Tsaturyan Café Korb in Vienna.

30
Nov
Sky Lounge of WU Vienna, Welthandelsplatz 1, 1020 Wien
Aus Anlass der diesjährigen Vierländer-Konferenz findet zum ersten Mal auch eine gemeinsame Veranstaltung der korrespondierenden

22
Nov
Café Korb, Brandstätte 7/9, 1010 Wien
We are happy to invite you to our upcoming YAAP Roundtable with Alexander Zollner at Café Korb in Vienna.

08
Nov
Bucharest, Romania
Save the date for the second edition of our joint event with our friends from the Young Romanian

03
Nov
Juridicum, Schottenbastei 10-16, 1010 Wien, Dachgeschoss
Mark your calendars for an interesting event supported by YAAP: a comparative law panel discussion on

13
Oct
Vienna International Arbitral Centre
GAR Live is back in Vienna. We hope to see many of you there!

13
Jul
Hotel Schloss Wilhelminenberg, Savoyenstraße 2, 1160 Vienna
This year's Summer Retreat in Vienna was a great success. Click on the event title to see a short description and to find a link to photos of the event.

15
Jun
Heuer am Karlsplatz, Treitlstraße 2, 1040 Vienna
Thank you for joining this special edition of our YAAP Roundtable on "Dos and Don'ts on Your Career Path to Becoming a Successful Arbitration Practitioner". Click on the event title for photos.

12
May
It takes two to waltz - is international arbitration out of step with its users?

01
Apr
University of Vienna, Universitätsring 1, 1010 Vienna, Kleiner Festsaal
1 April 2023: ICC YAAF & YAAP Conference: Young Approaches to Arbitration   We look forward to

01
Dec
We are delighted to invite you to our Annual Meeting (Mitgliederversammlung) followed by the Annual Joint Conference in

26
Oct
Dealing with Challenging Witnesses and Counsel

14
Jul
Italy
Arbitration Summer Retreat 2022

30
Jun
ERICH, Neustiftgasse 27, 1070 Wien
We cordially invite you to our traditional Arb|Aut & YAAP Summer Drinks event in Vienna. Join us for a casual