PRELIMINARY PROGRAM
DAY 1 (17 November). INTERNATIONAL COMMERCIAL ARBITRATION
SESSION I. INTEGRITY OF INTERNATIONAL COMMERCIAL ARBITRATION
- Parallel proceedings;
- Interference of courts into arbitration; anti-suit injunctions;
- Counter measures to courts interference;
- Freezing orders; confidentiality and its limits (actions of state/state bodies/officials versus confidentiality in arbitration);
- Mass-media as the only measure to preserve arbitration forum.
SESSION II. COSTS AND DAMAGES IN INTERNATIONAL COMMERCIAL ARBITRATION
- Damages: means, burden and level of proof;
- Loss of profit (forms, calculation methods and assessment);
- Interest (pre- and post-award, rate, basis, function);
- Alternative forms of relief;
- Recoverable costs;
- Assessment of costs;
- Cost allocation (costs follow the event, other approaches and legal bases, penalizing in costs);
- Third party funding & ATE (after the event) insurance of cost risk.
SESSION III EVIDENCE: FAULTLINES AND CONTROVERSY
- Document production – abuse and how much is too much? (a confrontation between a document production maximalist and a minimalist);
- Expert witness v. tribunal appointed expert (a confrontation between two representatives of opposing views);
- Cross-examination – techniques, benefits, dangers, limits, control by tribunal;
- Examination of witnesses in international arbitration: a civil lawyer's and common lawyer's perspective.
SESSION IV. ETHICAL AND OTHER HAZARDS
- Challenges of arbitrators – a growing industry? (an arbitrator’s v. a counsel’s view);
- Challenges of arbitrators – in the mirror of the case law of tribunals, institutions and courts;
- Arbitrators’ liability & insurance.
DAY 2 (18 November). INVESTMENT ARBITRATION
SESSIONI.COMPREHENSIVE PROTECTION OF INVESTMENT – MANAGING RISKS
- Due Diligence and Managing Risks;
- Structuring of Investments and Tax Planning;
- Insuring the Political Risks.
SESSION II. MANAGING PROBLEMS – SOLVING DISPUTES
- Contracting with the State - Common Pitfalls;
- Restructuring an Investment - What you should and should not do;
- Negotiating Successfully;
- Mediation, Conciliation - Non-binding and ineffective?
SESSION III. TREATY ARBITRATION – THE BEST BIT ARBITRATION. IS ONE THAT DOESN’T TAKE PLACE. BUT WHAT IF IT DOES?
- Insolvency of state-owned entities - Analysis of recent awards and decisions against Ukraine;
- MFN and Procedure - Limitations in Eastern European BITs and how to deal with them;
- ICSID or Non-ICSID Treaty Arbitration - What if you have a choice?
SESSION IV. ENFORCEMENT AND EXECUTION OF AWARDS – THE TEST OF THE PUDDING
- Sovereign Immunity from Execution - Do we need a sea change?
- State-Entities and Veil Piercing - Seek or hide the assets?;
- HomeStateand Insurers - How they can help you (or not).
For further information please contact UBA web site at www.uba.ua.
To register for attendance, please contact Iya Savchenko, e-mail conference@uba.ua, phone number +38 (044) 492-88-48.
Participation is open to all dispute resolution practitioners, law researchers and anyone interested in international arbitration for a descent fee.