14.00 – 14.20 GST

11.00 – 11.20 CET

Welcome

• Alexis Mourre, President, ICC International Court of Arbitration, Paris

14.20 – 14.40 GST

11.20 – 11.40 CET

Opening of a case management office for the ICC Court Secretariat at the ADGM Arbitration Centre

• Ahmed Ali Al Sayegh*, Minister of State to the United Arab Emirates (UAE) Cabinet and Executive Chairman of Abu Dhabi Global Market (ADGM)
• Linda Fitz-Alan, Registrar and Chief Executive, Abu Dhabi Global Market Courts, United Arab Emirates
• Alexis Mourre, President, ICC International Court of Arbitration, Paris

14.40 – 16.00 GST

11.40 – 13.00 CET

“Judicial approaches to arbitration in the MENA: A bittersweet panorama?”

This panel will feature a round table of eminent speakers to discuss judicial approaches to arbitration proceedings and awards in some key MENA jurisdictions. The panelists will address recent cases and judgments dealing with aspects of the arbitration agreement, the proceedings and arbitral awards from leading jurisdictions in the MENA region.

The panelists will shed light on the areas of uncertainty arising in the recent case law of some national courts, and the issues that need to be addressed to improve consistency and predictability in this field. Conversely, the speakers will examine another corpse of key decisions that have comforted lately the progressive and arbitration friendly approach of the national courts of some jurisdictions. Finally, this roundtable will discuss whether the stakeholders, from arbitral institutions to practitioners, are meeting the parties’ expectations in managing the proceedings fairly and effectively to avoid judicial scrutiny and the setting aside of awards.

• Ali Al Hashemi, Managing Partner, Global Advocacy and Legal Counsel, United Arab Emirates
• Dame Elizabeth Gloster QC, Arbitrator, One Essex Courts; Former High Court Judge; Former Vice-President, Civil Division of the Courtof Appeal, United Kingdom; Judge of the Abu Dhabi Global Market Courts and a Justice of the Court of Appeal of Bermuda
• Bassam Mirza, Founding Partner, PKM avocats, France/Lebanon
• Ahmed Ouerfelli, Attorney at Law, Ouerfelli Attorneys and Counsels- former Judge, Tunisia

Moderator

• Mohamed S. Abdel Wahab, Founding Partner & Head of International Arbitration; Zulficar & Partners, Egypt; Vice-President, ICC International Court of Arbitration; Chair, Private International Law and Professor of Dispute Resolution, Cairo University

16.00 – 16.30 GST

13.00 – 13.30 CET

Networking break

16.30 – 17.00 GST

13.30 – 14.00 CET

Round table with ADGM and ICC representatives

Discussion and Q&A regarding the establishment of the ICC case management team in ADGM : what added value for the MENA region?

• Dania Fahs, Deputy Director, MENA, International Court of Arbitration, Abu Dhabi
• Živa Filipič,Managing Counsel, ICC International Court of Arbitration, Paris
• Linda Fitz-Alan, Registrar and Chief Executive, Abu Dhabi Global Market Courts, United Arab Emirates
• Sami Houerbi, Director for Eastern Mediterranean, Middle East & Africa, ICC International Court of Arbitration, Abu Dhabi/Tunis
• Alexander G. Fessas, Secretary General, ICC International Court of Arbitration; Director, ICC Dispute Resolution Services, Paris

17.00 – 18.15 GST

14.00 – 14.15 CET

“The increasing role of expert evidence in infrastructure disputes: A necessary evil?”

Reliance on expert evidence in international arbitration has increased significantly over the past decades as business and international transactions have gained in complexity and technicality. In the infrastructure field, legal disputes are more and more centered on technical, delay and quantum evidence presented by experts, and arbitral tribunals sometimes rely on such evidence for the purpose of their fact-finding mission and valuation exercise. In the presence of parties’ appointed experts, arbitrators often find themselves overwhelmed by the “battle of experts”. When the expert is appointed by the tribunal, the risk is to see the decision-making process taken over by the expert. Recently, arbitration practitioners have raised the question around the expert’s role (and the extent thereof) in the evidentiary proceedings in infrastructure disputes. When resolving complex technical issues, what is the responsibility of the tribunal in ensuring that the ultimate decision-making authority is not delegated to the expert? This panel will present in an oxford style debate the different viewpoints around this controversial theme.

• Sabrina Ainouz, Partner, Squire Patton Boggs, France
• Iryna Akulenka, Managing Consultant, HKA, United Arab Emirates; Vice Chair, Chartered Institute of Arbitrators (UAE Branch)
• Roberta Downey, Partner and Global Head of Construction & Engineering, Hogan Lovells, United Kingdom
• Andrew Mellor, Managing Director, Construction Advisory Services, JS Held, United Arab Emirates

Moderator

• Alex Bevan, Partner, International Arbitration practice and Head of the Abu Dhabi office, Shearman & Sterling, United Arab Emirates; Steering Committee Member, ICC UAE Commission on Arbitration & ADR

18.15 – 18.45 GST

14.15 – 14.45 CET

Valedictory session

Reflections on my journey: a Tribute to ICC 

• Sami Houerbi, Director for Eastern Mediterranean, Middle East & Africa, ICC International Court of Arbitration, Abu Dhabi/Tunis

14.00 – 14.05 GST

Welcoming address and introduction

• Nayla Comair Obeid, Founding Partner, Obeid Law Firm, Lebanon/France; Professor of Law; Chartered Arbitrator
• Giorgia Taurino, Junior Project Manager, ICC Institute of World Business Law, Paris

14.05 – 14.20 GST

Active case management techniques

From the very outset of the arbitration, the tribunal has to actively assist the parties in organizing and streamlining the conduct of the proceedings. During this session, participants will learn and discuss both from a theoretical and a practical standpoint effective case management techniques. These will include issues related to drafting the terms of reference, preparing and conducting case management conferences, and adopting procedural timetables.

• Marwan Sakr, Partner, SAAS Lawyers, Lebanon; Member of the Beirut and Paris Bars, admitted before the DIFC Courts, Chartered Arbitrator

14.20 – 14.45 GST

Effective management of arbitration: an ICC perspective

During this session participants will be provided with ICC insights and best practices on various active management techniques.

• Asli Yilmaz, Counsel, ICC International Court of Arbitration, Paris

14.45 – 15.30 GST

Case scenarios on active case management techniques and debate

• Marwan Sakr

15.30 – 16.00 GST

Break

16.00 – 16.30 GST

Arbitrators’ authority: scope and limits

The notion of ‘authority of the arbitral tribunal’ is a complex and multifaceted one which plays a key-role in the creation of a suitable framework for the arbitration. It involves both the relationship between the arbitrators as well as the tribunal’s relationship with counsel and raises challenging questions. Among others: how far a dissenting opinion can go and still be effective and appropriate; what is the scope of the tribunal’s authority to sanction counsel’s wrongful conduct; what types of sanctions are available?

• Michael Polkinghorne, Partner, White & Case LLP, Paris

16.30 – 17.15 GST

Case scenarios on arbitrators’ authority: scope and limits and debate

• Michael Polkinghorne

Date of the conference: 24 February 2021

Online

Registration fee

Free of charge

English & Arabic with simultaneous interpretation

Credits and hours

Ahead of this event, applications have been sent for:

CLE credit under New York's approved jurisdiction procedures.
CLPD points from the State Bar of Dubai.
CNB approval from the French Bar.
Further, ICC Global Events is a State Bar of California approved MCLE provider.

Please note that ICC Global Events cannot guarantee that these applications will be accepted. Applications are often approved or rejected at very short notice before the event.

If you have any questions please contact ICCGlobalEvents@iccwbo.org.