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09.08.2011
Ukrainian Bar Association invites everybody to take part in the UBA Conference KIV 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.

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