22
I nternational Commercial and I nvestment Arbitration Theory and Practice in Rome 21-25 September, 2015 2nd edition

International Commercial and Investment Arbitration Theory ......as well as sport disputes at the Olympics. He fre-quently serves as an arbitrator. He graduated at “La Sapienza”

  • Upload
    others

  • View
    1

  • Download
    0

Embed Size (px)

Citation preview

Page 1: International Commercial and Investment Arbitration Theory ......as well as sport disputes at the Olympics. He fre-quently serves as an arbitrator. He graduated at “La Sapienza”

International Commercial and Investment Arbitration

Theory and Practice

in

Rome21-25 September, 2015

2nd edition

Page 2: International Commercial and Investment Arbitration Theory ......as well as sport disputes at the Olympics. He fre-quently serves as an arbitrator. He graduated at “La Sapienza”

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

Page 3: International Commercial and Investment Arbitration Theory ......as well as sport disputes at the Olympics. He fre-quently serves as an arbitrator. He graduated at “La Sapienza”

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

Page 4: International Commercial and Investment Arbitration Theory ......as well as sport disputes at the Olympics. He fre-quently serves as an arbitrator. He graduated at “La Sapienza”

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

Page 5: International Commercial and Investment Arbitration Theory ......as well as sport disputes at the Olympics. He fre-quently serves as an arbitrator. He graduated at “La Sapienza”

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

Page 6: International Commercial and Investment Arbitration Theory ......as well as sport disputes at the Olympics. He fre-quently serves as an arbitrator. He graduated at “La Sapienza”

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

Page 7: International Commercial and Investment Arbitration Theory ......as well as sport disputes at the Olympics. He fre-quently serves as an arbitrator. He graduated at “La Sapienza”

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

Page 8: International Commercial and Investment Arbitration Theory ......as well as sport disputes at the Olympics. He fre-quently serves as an arbitrator. He graduated at “La Sapienza”

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

B

M

LUNGOTEVERE

VIA

LE M

ARC

ON

IH

SAN PAOLO

FIUME TEVERE

VIA

OST

IEN

SE VIA DELLE SETTE CHIESE

VIALE GIUSTINIANO IMPERATORE

VIA

OST

IEN

SE

VIA

DEL

LA V

ILLA

DI L

UC

INA

Page 9: International Commercial and Investment Arbitration Theory ......as well as sport disputes at the Olympics. He fre-quently serves as an arbitrator. He graduated at “La Sapienza”

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

M

PIAZ Z A

DI S PA

GN

A

VIA CONDOT TI

VIA FR AT TIN A

Piazza di Spagna, 15

M

P. Z A B A R B ERI N I VIA B ARB ERI NI

GL I AVIGN ON ES I

VIA DELLE QUATTRO FONTANE

VIA R AS EL L A

Via delle Quattro Fontane, 161

Page 10: International Commercial and Investment Arbitration Theory ......as well as sport disputes at the Olympics. He fre-quently serves as an arbitrator. He graduated at “La Sapienza”

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.

Page 11: International Commercial and Investment Arbitration Theory ......as well as sport disputes at the Olympics. He fre-quently serves as an arbitrator. He graduated at “La Sapienza”

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.

Page 12: International Commercial and Investment Arbitration Theory ......as well as sport disputes at the Olympics. He fre-quently serves as an arbitrator. He graduated at “La Sapienza”

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.

Page 13: International Commercial and Investment Arbitration Theory ......as well as sport disputes at the Olympics. He fre-quently serves as an arbitrator. He graduated at “La Sapienza”

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

Page 14: International Commercial and Investment Arbitration Theory ......as well as sport disputes at the Olympics. He fre-quently serves as an arbitrator. He graduated at “La Sapienza”

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.

Page 15: International Commercial and Investment Arbitration Theory ......as well as sport disputes at the Olympics. He fre-quently serves as an arbitrator. He graduated at “La Sapienza”

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.

Page 16: International Commercial and Investment Arbitration Theory ......as well as sport disputes at the Olympics. He fre-quently serves as an arbitrator. He graduated at “La Sapienza”

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.

Page 17: International Commercial and Investment Arbitration Theory ......as well as sport disputes at the Olympics. He fre-quently serves as an arbitrator. He graduated at “La Sapienza”

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]

Page 18: International Commercial and Investment Arbitration Theory ......as well as sport disputes at the Olympics. He fre-quently serves as an arbitrator. He graduated at “La Sapienza”

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

V I A D E I F OR I I M

P E R I A L I

VIA

XX

I V M

AG

GIO

M

VIA

DE

I SE

RP

EN

TI

VI A

NA

Z I ON

AL E

SA

LIT

A D

EL

GR

ILL

O

VI A

MA

ZZ

AR

I NO

IA D

EL

CO

RS

O

PI A

ZZ

A S

AN

TI A

PO

ST

OL

I

P. Z A V E N E Z I A

V I A L E O N I N A

B

Via Panisperna, 2800184 Roma

Page 19: International Commercial and Investment Arbitration Theory ......as well as sport disputes at the Olympics. He fre-quently serves as an arbitrator. He graduated at “La Sapienza”

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

Page 20: International Commercial and Investment Arbitration Theory ......as well as sport disputes at the Olympics. He fre-quently serves as an arbitrator. He graduated at “La Sapienza”

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

Page 21: International Commercial and Investment Arbitration Theory ......as well as sport disputes at the Olympics. He fre-quently serves as an arbitrator. He graduated at “La Sapienza”

Information: arbitration.certificate@uniroma3.itwww.arbitrationcertificate.com

Page 22: International Commercial and Investment Arbitration Theory ......as well as sport disputes at the Olympics. He fre-quently serves as an arbitrator. He graduated at “La Sapienza”

In partnership with