5th ICC European Conference on International Arbitration

By considering a variety of European jurisdictions, this rapid-fire panel session will comment and analyse key trends and developments that took place over the past year, from legislative changes to setting aside the enforcement of arbitral awards.

• Lorraine de Germiny, Partner, LALIVE (London) LLP, United Kingdom
• Sebastiano Nessi, Counsel, Schellenberg Wittmer Ltd, Switzerland; ICC YAF Representative for Europe and Russia
• Olga Hamama, Partner, V29 Legal, Germany; CAS Arbitrator
• Silvia Martínez Sastre, Counsel, Hogan Lovells International LLP, Spain

Chaired by:

• Hjordis Birna Hjartardottir, Counsel, ICC International Court of Arbitration, Paris

• Alexis Mourre, President, ICC International Court of Arbitration, Paris
• Alexander G. Fessas, Secretary General, ICC International Court of Arbitration; Director, ICC Dispute Resolution Services, Paris

• George A. Bermann, Gellhorn Professor of Law & Jean Monnet Professor of European Union Law, Director, Center for International Commercial and Investment Arbitration (CICIA), Co-Director, European Legal Studies Center, Columbia University School of Law, United States
• Claudia T. Salomon, President-Elect, ICC International Court of Arbitration, Paris

This panel will address developments in legislation, case-law and remedies in business and human rights since the UN Guiding principles on business and human rights were published 10 years ago, notably:

1) Recent changes at the remedies’ stage: latest developments and trends in European legislation and case law regarding business human rights (except with regards to human rights at sea) including, inter alia, the move away from soft law and voluntary compliance, the increase in cases filed before courts and changes in the latter approach, showing that the paradigm is shifting. Some of the aspects that had been identified as reasons for companies not to use BHR arbitration are undergoing relevant modifications.

• Claire Bright, Assistant Professor in Private Law, Director of the Nova Centre on Business, Human Rights and the Environment, Nova School of Law, Portugal

2) Human rights at sea arbitration: latest developments in terms of rules will be evoked, notably the idea to create specific arbitration rules for this, and why companies may have an interest to use arbitration in the context of business and human rights disputes at sea.

• Alexander Marcopoulos, Counsel, Shearman & Sterling LLP, France

3) Using the Hague Rules on Business and Human Rights Arbitration to solve business and human rights disputes: presentation of the Hague Rules, the advantages and difficulties of using them, some of the criticism, the possibility that these rules can be administered by any institution, including the ICC, or combined with other institutions’ rules.

• Ursula Kriebaum, Professor for Public International Law, Department of European, International and Comparative Law University of Vienna, Austria; Member, Drafting Team of the Hague Rules on Business and Human Rights Arbitration; Member, Permanent Court of Arbitration, The Hague

Chaired by:

• Marney L. Cheek, Partner, Covington & Burling LLP, United States

Networking break

1)…artificial intelligence and big data will substantially affect the work of arbitration counsel and arbitrators in the next 10 years”;

• Charles Kaplan, Partner, Orrick, France
• Malgorzata Surdek, Partner, CMS, Poland; Alternate Member, ICC International Court of Arbitration

2)… mediation works and it is time for us to make it compulsory”;

• Hannah Tümpel, Lawyer and Mediator; Deputy Executive Director, UWC International, London
• Kai-Uwe Karl, Global Chief Litigation Counsel, GE Renewable Energy, United Kingdom

3)… summary dispositions allow arbitral tribunals to render decisions on discrete issues, saving the parties time and cost”.

• Elena Gutierrez Garcia de Cortazar, Independent Arbitrator & Professor of Law, France
• Michael Polkinghorne, Partner, International Arbitration, White & Case LLP, France; Council Member, ICC Institute of World Business Law

Chaired by:

• Sophie J. Lamb QC, Partner, Global Co-Chair of the International Arbitration Practice, Latham & Watkins LLP, United Kingdom; Member, ICC International Court of Arbitration

• Laetitia de Montalivet, Director, Arbitration and ADR, Europe, ICC International Court of Arbitration, Paris