Ukrainian Bar Association invites everybody to take part in the UBA Conference “KIЕV ARBITRATION DAYS 2011: Think Big!” which will take place on November 17 - 18, 2011 in Kiev, Ukraine.

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.