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International Commercial and Investment Arbitration
Theory and Practice
in
Rome21-25 September, 2015
2nd edition
Program led by leading academics, in-house counsel and practitioners aimed at providing theoretical and practical insights, including
interactive workshops, about investment and commercial arbitration
Rome21-25 September, 2015
In partnership with
2nd edition
International Commercial and Investment Arbitration
Theory and Practice
in
alendar
15.45 - 17.15• International arbitration and foreign investment protection
11.00 - 12.30• Setting the scenario: international conventions and harmonisation instruments
Afternoon session14.00 - 15.30•Assessing your options: • institutional and ad hoc arbitration • arbitral institutions: characteristics and dynamics
onday
Morning session9.15 - 10.45• Opening Lecture: international arbitration as an autonomous professional practice • Comments and discussion
Welcome and introduction
Break 10.45 - 11.00
Break 12.30 - 14.00
Break 15.30 - 15.45
19:00• Meeting the international arbitration players Reception at Cleary Gotlieb Steen & Hamilton LLP
15.45 - 17.15• In-house counsel debate: dispute resolution options and management of disputes
11.00 - 12.30• Complex privity: extension of arbitration obligations in multiparty transactions
Afternoon session14.00 - 15.30• ArbIt roundtable: selecting, analysing and drafting arbitration agreements
uesday
Morning session9.15 - 10.45• The arbitration agreement: formal and substantive validity
alendar
Break 10.45 - 11.00
Break 12.30 - 14.00
Break 15.30 - 15.45
alendar
11.00 - 12.30• Independence and impartiality of arbitrators: • disclosure • challenges • removals
ednesday
Morning session9.15 - 10.45• The Arbitral Tribunal: • selection of arbitrators • strategy of appointment: powers and reach
Break 10.45 - 11.00
Break 12.30 - 14.00
Afternoon session14.00 - 15.30• The mechanics of investors-State arbitration under the ICSID Convention
15.45 - 17.15• Meeting the institutions: hands on seminar on the formation of arbitral tribunals with ICC, CAM, AIA
Break 15.30 - 15.45
alendar
11.00 - 12.30• The gathering of evidence in international arbitration: • expert reports • fact witnesses • disclosure of evidence
15.45 - 17.15• Meeting the institutions: hands on seminar on the conduct of the proceedings with ICC, CAM, AIA
hursday
Morning session9.15 - 10.45• Running the arbitration: organisation of proceedings
Break 10.45 - 11.00
Break 12.30 - 14.00
18:30
• Meeting the international arbitration players Reception at NCTM Studio Legale Associato
Afternoon session14.00 - 15.30• Enforcement of investment treaty awards
Break 15.30 - 15.45
alendar
riday
11.00 - 12.30• Enforcement of arbitral awards world-wide: the New York Convention 1958
Morning session9.15 - 10.45• The arbitral award: deliberation and drafting• Challenging arbitral awards: grounds and international overviewBreak 10.45 - 11.00
• University of Roma Tre - Unidroit: 2nd Annual International Arbitration Lecture
15:30
irectionsAll the Certificate’s sessions will be held at University of Roma Tre - School of Law
ow to arrive:From Termini Train Station: take Metro Line B towards Laurentina and get off at Basilica San Paolo station.Bus stop: 23, 271, 769
Via Ostiense, 159
Basilica di San Paolo Fuori le Mura
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etworking ctivities
hursday eptemberonday eptember19:00Reception at Cleary Gottlieb Steen & Hamilton LLPPiazza di Spagna, 15How to arrive: take Metro Line A and get off at Spagna Station
eeting the international arbitration players
18.30Reception at NCTM Studio Legale AssociatoVia Delle Quattro Fontane, 161How to arrive: take Metro Line A and get off at Barberini Station
VIA D EL L E CAR R OZ Z E
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VIA FR AT TIN A
Piazza di Spagna, 15
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GL I AVIGN ON ES I
VIA DELLE QUATTRO FONTANE
VIA R AS EL L A
Via delle Quattro Fontane, 161
acultyndrea andini
Studio Legale Bandini
Andrea was admitted to the Bar of Rome in 1991. His activity is mainly focused on civil and commercial law, international contracts. He acts as arbitrator and coun-sel in administered and ad hoc arbitration, domestic and international and as mediator. He is lecturer and trainer in several post-graduate seminars on arbitra-tion, mediation and EU law. He is: member of the Court of Arbitration and of the Board of Directors of the Ital-ian Association for Arbitration (AIA); Secretary of the Scientific committee of ISDACI.
ndrea arlevarisSecretary General of the ICC International Court of Arbitration and Director of Dispute Resolution Services of the ICC
Andrea is a member of the Council of the ICC Institute for International Business Law, of the Steering Com-mittee of the International Arbitration Commission of the Union international des Avocats and a member of the board of directors of AIA (the Italian Association for Arbitration). He is a co-founder of ArbIt (Italian forum on international arbitration and ADR).Before joining the ICC in September 2012, he was a partner at Bonelli Erede Pappalardo.
ngelo nglaniPartner at NCTM Studio Legale Associato
Angelo practices in the areas of disputes resolution (litigation, national and international arbitration, ADR), commercial contracts, restructuring and turna-round, unfair competition, product liability, environ-mental matters. He is the past-chairman and co-founder of ArbIt (the Italian Forum for Arbitration and ADR). He gained extensive experience in the area of domestic and inter-national arbitration, under the rules of ICC and other arbitral institutions or under ad-hoc rules.
ecilia arraraPartner at Legance Avvocati Associati
Cecilia is active in the field of national and interna-tional, institutional and ad hoc arbitration proceedings, acting both as counsel and as arbitrator, and is further active in the field of international commercial litigation.She is also regularly involved in corporate and com-mercial law matters and specialized in compliance is-sues. She obtained a LL.M. in comparative and international private law and a Ph.D from the Humboldt University.
aculty
aria eatrice eliSecretary General of the Italian Association for Ar-bitration (AIA) and Secretary General of ICC ItalyCertificate’s Coordinator
Maria Beatrice is a Professor of International Law at Molise University School of Law. She also teaches Inter-national Organization at LUISS Guido Carli University in Rome, Department of Political Science. She has been a Visiting Scholar at Yale Law School.Before becoming Secretary General of AIA, she gained an extensive experience on international arbitration at Studio Legale Chiomenti.
omenico i ietroFreshfields Bruckhaus DeringerLecturer of International Arbitration at Roma Tre University, School of LawCertificate’s Coordinator
Domenico lectures “International Arbitration” at Roma Tre and practises international arbitration with Freshfields Bruckhaus Deringer in Italy and Japan after several years of practise in London.He has acted in a great variety of arbitrations world-wide including commercial and investment disputes as well as sport disputes at the Olympics. He fre-quently serves as an arbitrator. He graduated at “La Sapienza” and received his LL.M. from Queen Mary, University of London. He is a past Fellow of New York University School of Law. He is qualified to practise in Italy and in England and Wales.
enedetta oppoHead of Milan Chamber of Arbitration - Rome branch office
Benedetta joined the Milan Chamber of Arbitration in 2001, where she had been head of the arbitration de-partment (2007-2013), administering both domestic and international arbitration proceedings. Since 2014, she leads the Rome branch office of the Chamber. Benedetta is member of the Advisory Board of ArbIt (the Italian Forum for Arbitration and ADR).
erdinando manuelePartner at Cleary Gottlieb Steen & Hamilton LLP
Ferdinando’s practice focuses on national and interna-tional litigation and arbitration. He is considered to be one of the leading Italian experts in international arbi-tration, multi-plaintiff and class actions litigations. Fer-dinando has authored a book and various law review articles on international arbitration. He served as one of the 15 members of the Rome Bar Council (Consiglio dell’Ordine) from 2004 to 2006. Ferdinando obtained an LL.M. from the University of Michigan. He is fluent in English and proficient in Spanish.
aculty
ietro alizziEni S.p.A.’s International Downstream Legal As-sistance Senior Vice President
Before joining Eni, Pietro was Saipem’s General Coun-sel from 2002 to 2013.His team of lawyers provides legal and contractual support to the international side of the following Eni’s business activities: Gas Retail; Refining & Marketing; Chemicals. He is a member of the UNIDROIT Work-ing Group on International Long-Term Contract and participated in the ICC, Commission on Arbitration, Working Group on the Role of In-house Counsel in Dispute Resolution.
artin usyCozen O’Connor’s International Arbitration Practice
Martin is Chair of Cozen O’Connor’s International Ar-bitration Practice. He has been named a Leading Law-yer 100 in the field of Dispute Resolution by Lawyer Monthly and is a member of the AAA/ICDR Roster of International Arbitrators and Mediators. He is the co-author of “A Guide to the ICDR International Arbitra-tion Rules”, a leading industry text published by Ox-ford University Press. He is an attorney-at-law in New York and a Rechtsanwalt in Germany, and his working languages include German, English, French and Spanish.
ames oskingPartner at Chaffetz Lindsey LLP
Based in New York, James focuses his practice on in-ternational commercial and investment arbitration. He has handled arbitrations under the rules of all the leading arbitral institutions, including ICC, AAA/ ICDR, SIAC, LCIA, WIPO, CRCICA and ICSID, as well as under the UNCITRAL Rules. James also sits as an arbitrator. He was previously an Adjunct Professor at the University of Pennsylvania School of Law and University of Auckland, where he taught International Commercial Arbitration. Before founding Chaffetz Lindsey LLP, he was a partner in the New York office of Clifford Chance.
iego ernandez rroyoProfessor of International Law at the School of Law of Sciences Po (Paris)
Diego is a member of the Curatorium of The Hague Academy of International Law and Secretary-General of the International Academy of Comparative Law. Diego is actively involved in international arbitration as an arbitrator and as an expert. He is the author of many publications on international business law, arbi-tration, comparative law, Latin-American integration, and private international law.
ndrew . atonPartner at De Berti Jacchia Franchini Forlani Stu-dio Legale
Andrew holds both common law and civil law quali-fications, and is admitted to practice in Italy, Australia and England. He has been appointed arbitrator or acted as legal counsel in many international commer-cial arbitrations, often involving parties from different legal traditions. He has particular experience in com-plex multi-jurisdictional disputes. He is on the panel of several arbitral institutions in Europe and Asia, a founding member of ArbIt and on the editorial board of Rivista dell’Arbitrato.
rancesca azzaSecretary General of the German Institution of Arbitration (DIS)
Francesca supervised more than a thousand arbitration proceedings in many different languages, taking place across the globe and concerning a wide variety of mat-ters. She is one of the principal draftspersons of the 2012 ICC Rules of Arbitration. She is qualified as a Rechtsan-wältin in Germany and holds a PhD from the Univer-sity of Heidelberg. She has published various articles and books, including the “Secretariat´s Guide to ICC Arbitration” (co-authored with J. Fry and S. Greenberg). She regularly lectures on international law at universi-ties and business schools in various European countries.
iccolò andiAssociate at Gianni Origoni Grippo Cappelli Partners
Niccolò graduated in Law from the University of Siena and he obtained an LL.M. on international commercial law from the University College Dublin. He is an at-torney at Gianni, Origoni, Grippo, Cappelli & Partners and he specializes in international practice, provid-ing assistance to Italian and foreign corporate clients. Author of several legal publications and articles on arbitration, EU law and international sale of goods. Lecturer at the University of Milan on the subjects of legal advocacy.
abine onradPartner at McDermott, Will & Emery Sabine specializes in the fields of international dispute resolution, in particular international arbitration and public international law. She regularly advises inves-tors and governments and also sits as an arbitrator. In 2007 and again in 2013, Sabine was designated by the Government of the Federal Republic of Germany to the Panel of Arbitrators of the World Bank’s International Center for Settlement of Investment Disputes (ICSID).
aculty
iacomo ojas lguetaProfessor of Economic Analysis of Law at Roma Tre University, School of LawCertificate’s Coordinator
Giacomo earned a LL.M. with distinction and a S.J.D. from the University of Pennsylvania. He was a Visiting Scholar at Yale Law School.He is the author of two books and several articles in major Italian and U.S. law reviews. He consulted the Italian Government for law reforms. He is a member of the International Bar Association (IBA) where he joined the Arbitration Committee. He is qualified to practise in Italy and in New York.
acultyarco errini
Studio Legale Perrini
Marco represents and advises Italian and foreign com-panies in disputes before courts and arbitral tribunals and sits as chairman, sole arbitrator and co-arbitrator in domestic and international arbitrations, ad hoc (includ-ing UNCITRAL) and under the rules of, inter alia, ICC, AIA, CAM. Author of publications on arbitration and ADR issues. He is member of the ICC Commission on Arbitration, the board of directors of AIA (Italian Arbi-tration Association) and past co-chair and co-founder of ArbIt.
aria heresia oerig orsini Partner at Bucciarelli Ducci Corsini (BDC) Studio Legale
Maria Theresia is admitted to practice in Germany and Italy, where she leads the German and International Desk at BDC Studio Legale. She practices in the areas of private, commercial and corporate law matters and spe-cializes in (international) dispute resolution and arbitra-tion both as counsel and as (sole) arbitrator. Maria Ther-esia also works at the Studies Department of the Italian Constitutional Court as a Consultant and an Expert in German and Comparative Law and has published nu-merous academic works. Maria Theresia is a co-founder and a member of the advisory board of ArbIt.
eatriz aiz artiEnel S.p.A.’s in-house counsel
Beatriz is responsible of Group Significant Litigations within the Enel Group, managing arbitration proceed-ings in different languages taking place across the globe in the energy sector. She is qualified as a Aboga-do in Spain as well as Avvocato in Italy and holds a Master degree at the University Paris I Panthéon – Sorbonne.
aculty
atalì equeiraICSID Legal Counsel
Natalí joined ICSID in September 2005. Prior to joining ICSID, she worked as a Senior Consultant with Ernst & Young (2004 – 2005), as a foreign associate with the law firm of White & Case in Washington, D.C. (2003 – 2004) and as a consultant with KPMG (2000 – 2002) and PricewaterhouseCoopers (1998 – 2000). She holds de-grees from Georgetown University Law Center (LL.M. in International Legal Studies) and the University of Costa Rica (Juris Doctor and Bachelor in Business Ad-ministration).
arlo antoroPartner at Cleary Gottlieb Steen & Hamilton LLP
Carlo specializes in the fields of litigation and national and international arbitrations.He regularly represents domestic and foreign clients in a wide range of disputes involving corporate, com-mercial, banking and financial matters, as well as bankruptcy and competition issues.He earned a LL.M. degree at New York University School of Law in 2003. He was a Visiting Scholar at London School of Economics in 1998.
liana aria orneseLegal Counsel of ICC International Court of Arbitration
Eliana took up office as Counsel of the ICC Interna-tional Court of Arbitration on December 2012. She has practiced for 7 years in the law firm Bonelli Erede Pap-palardo (Milan office) and focused on international arbitration, primarily related to foreign investments, contracts of construction and commercial contracts. Eliana holds a double degree in law (in France and Italy) and completed her studies at the College of Eu-rope (Bruges) by obtaining an LL.M. in European legal studies. She is author of publications on international arbitration.
inaldo aliDeputy Secretary General of the Milan Chamber of Arbitration
Rinaldo’s main area of activities is the business man-agement of an arbitral institution. Rinaldo has gained significative experience in arbitration, mediation and other ADR systems. Rinaldo has published books and articles on issues of arbitration and he is regularly in-volved in domestic and international conferences and seminars on arbitration and dispute resolution.
ndrea oppiniFull Professor of Private Law at Roma Tre University, School of Law
Prof. Zoppini studied at the Universities of Cambridge and Heidelberg; he was Visiting Scholar at the Yale University Law School and at New York University.He holds seminars and conferences in Italy and abroad and has published and edited numerous books and ar-ticles in Italian and foreign law journals.Legal Advisor to the Italian Government, he has been member of several law reform committees.
incenzo eno- encovichFull Professor of Comparative Law at Roma Tre University, School of Law
Prof. Zeno-Zencovich is chairman of the Italian Asso-ciation of Comparative Law. He is editor or member of the editorial board of several important Italian law reviews and author, co-author or editor of over two dozen books. Legal advisor to the Italian Government in the last 13 years in all the telecoms tenders and auc-tions. As a practising lawyer he has successfully liti-gated in landmark cases in damages for defamation, consumer protection, tobacco litigation and liability of providers.
aculty
aiju asaniPartner at Jones Day
Baiju is an international arbitration lawyer and arbitra-tor. He also has advised states on the negotiation and drafting of treaties and companies in investment struc-turing.Baiju is a Fellow of the Chartered Institute of Arbitra-tors. He previously served as an adjunct professor of law at Georgetown University and also has given vis-iting lectures at, among other universities, Harvard, Northwestern, Columbia, and SOAS. He is currently a Visiting Lecturer at the University of Bedfordshire.
followed by reception
niversity of oma re – NIDROIT 2nd Annual International Arbitration Lecture
to be announced
Friday 25 September, 2015, 15.30
Limited space available. Please register at: [email protected]
irections
he 2nd Annual International Arbitration Lecture will be held at UNIDROIT
ow to arrive:From Termini Train Station: take Metro Line B towards Laurentina and get off at Cavour station.Bus stop: 170, 40,60, 64, 70,H
V I A C A V O U R
V I A PA N I S P E R N A
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Via Panisperna, 2800184 Roma
egistration
nformation
ees
Visit www.arbitrationcertificate.com and download the registration form
• www.arbitrationcertificate.com• [email protected]• The Certificate has been approved by Ordine degli Avvocati di Roma. Rome’s Bar lawyers attending the Certificate will be granted 24 “professional education credits”
Euro 500,00
Fees include:• All materials in electronic format• Participation to networking events• Coffee breaks• Lunches from Monday to Thursday
uggested otels
Hotel Adriano via di Pallacorda, 2 www. [email protected]. +39 06 68802451
Hotel Diana via Principe Amedeo, 4 www. [email protected]. +39 06 478681
Abitart Hotelvia Pellegrino Matteucci, 10/20 www. [email protected]. +39 06 4543191
Hotel Duca d’Alba via Leonina, 14 www. [email protected]. +39 06 484471
Hotel Art Margutta via Margutta, 56 www. [email protected]. +39 06 328711
Piranesi Hotelvia del Babuino, [email protected]. +39 06 328041
Hotel Locarno via della Penna, 22www. [email protected]. +39 06 3610841
Residenza Torre Colonnavia delle tre Cannelle, 18www. [email protected]. +39 06 83600192
Domus Romana Hotelvia delle Quattro Fontane, [email protected]. +39 06 489441
Hotel Italiavia di Venezia, 18www. [email protected]. +39 06 4828355
Information: arbitration.certificate@uniroma3.itwww.arbitrationcertificate.com
In partnership with