DUBAI
11-13 APRIL 2016
4 ICC MENA
CONFERENCE
TH
INTERNATIONAL ARBITRATION IN THE
MIDDLE EAST AND NORTH AFRICA
11-13 APRIL 2016
Dubai, United Arab Emirates
Taking place in English and Arabic, this fourth annual
conference is a “must attend” for arbitration professionals
who want to keep up to date on the latest arbitration
developments in the MENA region. The conference will
offer a line-up of top-class speakers, topical discussions
and relevant news, but also an excellent opportunity
to network.
EARN up to
22 CLE Credits
18,25 MCLE Credits 18 CPD Hours*
18 CNB Hours*
Who should attend?
Practising lawyers, corporate counsel,
­arbitrators, mediators, business professionals
and academics.
ADVANCED TRAINING
PRODUCTION OF DOCUMENTS
11 APRIL 2016
This training will provide participants with
practical insights on how to manage
­production of documents in international
arbitration.
ICC INSTITUTE OF WORLD BUSINESS LAW
ADVANCED LEVEL TRAINING:
PRODUCTION OF DOCUMENTS
MONDAY 11 APRIL
09.30–09.45
WELCOMING ADDRESS AND INTRODUCTION
09.45-11.00
THINKING STRATEGICALLY ABOUT THE DOCUMENT PRODUCTION PROCESS
& Case scenarios
■■ Procedural and strategic choices that should set the approach to document production in international
arbitration
■■ Discuss how to identify documents that are relevant and material to the case
■■ Discuss issues of document collection and preservation strategies both from a theoretical and a practical
standpoint
11.00-11.15
11.15-12.15
COFFEE BREAK
PARTY-PROMULGATED DOCUMENT REQUESTS
(part 1) – how to draft effective requests & case scenarios
■■ Explore the limits of document production in international arbitration
■■ Provide practical insights on how to frame an effective request resulting in an expeditious and cost effective
document production procedure
12.15-13.15
PARTY-PROMULGATED DOCUMENT REQUESTS
(part 2) how to draft effective objections & case scenarioS
■■ What are the contours of the grounds for refusing to produce documents?
■■ How can a party best respond to a broad and indiscriminate document request?
■■ How can parties make available information necessary and material to a dispute but maintain confidentiality
and competitive secrets?
13.15-14.15
14.15-14.45
LUNCH
ELECTRONIC DOCUMENTS UNIQUE CHALLENGES AND OPPORTUNITIES
■■ Recent trends and possible developments on how electronic evidence should be treated in international arbitration
14.45-15.45
PROTECTING LEGAL PRIVILEGES AND COMMERCIAL CONFIDENCES
& Case scenarios
■■ How can parties identify and withhold privileged material in practice?
■■ How can parties resist claims of privileges and protect commercial confidences?
15.45-16.00
16.00-17.00
COFFEE BREAK
NON-PARTY DOCUMENTS: TECHNIQUES TO GET THEM IF YOU NEED THEM
& case scenarios
■■ Practical challenges when seeking relevant evidence from non-parties to the arbitration such as competitors,
third party advisors or investigative bodies
CONCLUDING REMARKS
SPEAKERS
Mohamed S. Abdel Wahab, Founding Partner and Head of International Arbitration, Zulficar & Partners Law Firm,
Egypt; Chair of Private International Law & Professor of International Arbitration, Cairo University; Vice-President, ICC
International Court of Arbitration
Yves Derains, Founding Partner, Derains & Gharavi, France; Chairman, ICC Institute of World Business Law; Former
Secretary General, ICC International Court of Arbitration
Jason A. Fry, Partner, Clifford Chance Europe LLP, France
Samaa A. Haridi, Partner, Hogan Lovells US LLP, United States
Sami Houerbi, Director for Eastern Mediterranean, Middle East & Africa, ICC International Court of Arbitration, Dubai/Tunis
Philippe Pinsolle, Managing Patrner, Quinn Emanuel Urquhart & Sullivan, France
Tyler B. Robinson, Partner, Simpson, Thacher & Bartlett LLP, United Kingdom
2
INTERNATIONAL CHAMBER OF COMMERCE 4TH ICC MENA CONFERENCE 2016
CONFERENCE:
PROGRAMME AND SPEAKERS
DAY 1MONDAY 11 APRIL
18.00-20.00
DAY 2
07.30-08.45
COCKTAIL RECEPTION
TUESDAY 12 APRIL
OPTIONAL ICC/ARBITRALWOMEN BREAKFAST
UNCONSCIOUS BIAS IN INTERNATIONAL
ARBITRATION
(in English only, space is limited)
Mirèze Philippe (Chair), Special Counsel, ICC
International Court of Arbitration, Paris
Nagla Nassar, Partner, Nassar Law, Egypt
Rabab Yasseen, Partner, Mentha & Associés, Switzerland;
Member, ICC Institute of World Business Law
09.00-09.30
WELCOME ADDRESS AND OPENING KEYNOTE SPEECH
Sami Houerbi, Director for Eastern Mediterranean, Middle East & Africa, ICC International Court of Arbitration,
Dubai/Tunis
Alexis Mourre, President, ICC International Court of Arbitration, Paris
09.30-10.15
ABUSE OF PROCESS IN INTERNATIONAL ARBITRATION
Abuse of process has become increasingly prevalent
in the fields of international commercial arbitration
and investment treaty arbitration over the past
decades. How to distinguish abuse of process from
other litigation strategies developed by parties to
international arbitration and their counsel? A true
instance of abuse of process denotes conduct that is
prima facie legal and that cannot be redressed
through the application of established rules of
procedure or due process. Drawing on arbitral case
law and his wealth of experience as arbitrator and
counsel, Professor Gaillard identifies categories of
abuse of process that arise in contemporary arbitral
practice and proposes legal tools that can effectively
tackle this growing phenomenon.
Discussion
10.15-11.30
Emmanuel Gaillard, Partner, Shearman & Sterling LLP,
France; Visiting Professor of Law, Yale Law School,
United States
ICC DECISIONS AND AWARDS INVOLVING MENA PARTIES:
IS THERE A MENA SPECIFICITY?
■■
■■
■■
■■
Interim measures of protection
The power of arbitrators
Ex-Parte interim measures;
ICC recent experience scrutinizing draft awards
involving MENA parties;
■■ Dissenting opinions
Discussion
Mohamed S. Abdel Wahab(Chair), Founding Partner
and Head of International Arbitration, Zulficar &
Partners Law Firm, Egypt; Chair of Private International
Law & Professor of International Arbitration, Cairo
University; Vice-President, ICC International Court of
Arbitration
Ali Al Aidarous, Managing Attorney, Al Aidarous
International Practice, Dubai, United Arab Emirates
Alexander Fessas, Managing Counsel, ICC International
Court of Arbitration, Paris
Tarik Mossadek, Partner, Mossadek & Partners Law Firm;
Law Professor, Morocco
11.30-12.00
COFFEE BREAK
3 3
INTERNATIONAL CHAMBER OF COMMERCE 4TH ICC MENA CONFERENCE 2016
12.00-13.30
CORRUPTION IN INTERNATIONAL ARBITRATION
■■ What is the corruption index: Illicit agreements,
■■
■■
■■
■■
bribery, money laundering…?
When and how can corruption interfere with the
arbitration process?
Practice and precedents on corruption in
investment and commercial arbitration: what
lessons to be learned?
Are there efficient International instruments to
fight corruption in International arbitration?
What role could arbitrators and institutions play
in addressing corruption?
Discussion
13.30-15.00
LUNCH
15.00-17.00
PARALLEL INDUSTRY SESSIONS
CONSTRUCTION DISPUTES
■■ Time and construction contracts
■■ Dealing with notice and time bar provisions in the
context of claims, counterclaims and set-off
claims
■■ Liquidated damages and penalty clauses
■■ Variations
Discussion
Michael Grose (Chair), Partner, Clyde & Co., Dubai,
United Arab Emirates
Bommel van der Bend, Partner, De Brauw
Blackstone Westbroek, The Netherlands
Nayla Comair-Obeid, Senior Partner, Obeid Law
Firm, Lebanon; Professor, International
Commercial Arbitration, Lebanese University;
Council Member, ICC Institute of World Business
Law; Deputy President, CIArb
Roger ter Haar, QC, Crown Office Chambers,
United Kingdom
Yves Derains (Chair), Founding Partner, Derains &
Gharavi, France; Chairman, ICC Institute of World
Business Law; Former Secretary General, ICC
International Court of Arbitration
Mohamed Abdel Raouf, Director, Cairo Regional Centre
for International Commercial Arbitration, Egypt
Michael Hwang, Chief Justice, Dubai International
Financial Centre Courts, Dubai, United Arab Emirates
Abdulhay Sayed, Managing Partner, Sayed and Sayed,
Syria/Switzerland
ENERGY DISPUTES
■■ Joint operation agreement disputes
■■ Take or pay gas sales and gas pricing disputes
■■ Oil & Gas Concessions
Discussion
Yas Banifatemi (Chair), Partner, Shearman & Sterling
LLP, France; Vice-President, ICC International Court
of Arbitration
Mohamed Y. Alem, Managing Partner, Alem &
Associates, Lebanon
Massimo Benedettelli, Partner, ARBLIT, Radicati di
Brozolo Sabatini Benedetelli, Italy; Professor of
Private International Law, University of Bari
Paolo Daino, Partner, BonelliErede, Italy
Georges von Mehren, Partner and Practice Group
Leader for International Dispute Resolution, Squire
Patton Boggs, London and Cleveland, United
Kingdom/United States
Eric A. Schwartz, Partner, King & Spalding LLP,
Paris/New York, France/United States; Former
Vice-President and Secretary General, ICC
International Court of Arbitration; Vice-Chair, ICC
Institute of World Business Law
20.00
DAY 3
07.45-09.15
DINNER
WEDNESDAY 13 APRIL
OPTIONAL BREAKFAST
LET’S TALK ABOUT COSTS!
(in English only, space is limited)
The ICC Commission on Arbitration and ADR will
present its new Report entitled Decisions on costs
in international arbitration.
This Report is the Commission's latest initiative to
ensure that arbitration continues to be a viable and
attractive form of dispute resolution for its users.
The Report will create more awareness on how to
address and deal with cost issues in arbitral
procedures and awards.
Alexis Mourre (Co-Chair), President, ICC International Court
of Arbitration, Paris
Andrea Carlevaris (Co-Chair), Secretary General, ICC
International Court of Arbitration; Director, ICC Dispute
Resolution Services, Paris
Essam Al Tamimi, Partner, Al Tamimi & Company, Dubai,
Vice Chairman, ICC Commission on International Arbitration
Philippe Cavalieros, Partner, Winston & Strawn, France;
Co-Chair, ICC Task Force on Decisions as to Costs; Member,
ICC Institute of World Business Law
Jalal El Ahdab, Partner, Ginestié Magellan Paley-Vincent,
France
Alexander Fessas , Managing Counsel, ICC International
Court of Arbitration, Paris
4
INTERNATIONAL CHAMBER OF COMMERCE 4TH ICC MENA CONFERENCE 2016
09.30-11.00
EMERGENCY ARBITRATION SESSION
Under the ICC 2012 Rules of Arbitration, parties may
apply to have an emergency arbitrator decide on
urgent conservatory or interim measures that
cannot await the constitution of the arbitral tribunal.
This session will focus on the application for
emergency arbitration, appointment of emergency
arbitrator, establishment of a procedural timetable
and other procedural issues, as well as the oral
hearing and subsequent order or award issued by
the emergency arbitrator, focusing on the impact of
the emergency arbitrator process on issues such as
enforcement and the ICC scrutiny process.
Featuring arbitrators and practitioners who have
first-hand experience in the application of the ICC
emergency arbitrator procedure, this session will
provide both an extensive analysis of the distinctive
characteristics of this procedure through the study
of a mock case and an opportunity to hear the
speakers’ personal experience.
Discussion
Marnix A. Leijten (Chair), Partner, De Brauw Blackstone
Westbroek, The Netherlands; Vice-President, ICC
International Court of Arbitration; Co-Chair, ICC
Commission Task Force on Emergency Arbitration
Ghanem Al Hajeri, Founding and Managing Partner,
International Consultant Law Offices (ICLO), Abu Dhabi,
United Arab Emirates
Diamana Diawara, Counsel, ICC International Court of
Arbitration, Paris
Maxi Scherer, Special Counsel, Wilmer Cutler Pickering
Hale & Dorr LLP, United Kindom; Senior Lecturer, Queen
Mary University of London 11.00-11.30
COFFEE BREAK
11.30-13.15
ANNUAL SPOTLIGHT: ROUNDTABLE ON THE CURRENT STATUS OF
INVESTING AND DOING BUSINESS IN IRAN
ASSESSMENT OF RISKS: THE LIFTING
OF SANCTIONS
Speakers will present a landmark case which
features some of the specificities of arbitration law,
institutional arbitration and practices in Iran
■■ What to expect when doing business with Iranian
parties?
■■ How to secure Investment in Iran: Foreign
Investment Promotion and Protection Act
(FIPPA) and BITs?
■■ What business/investment sectors are most likely
to involve disputes with Iranian parties?
■■ When can Iran offer a regional/international seat
of arbitration: prospects and challenges?
Discussion
Mohsen Mohebi (Chair), Founder and Partner, Law
Offices of Dr Mohebi & Associates, Iran; Professor of
International Law, Centre for Sciences and Research,
University of Azad; Member, ICC International Court of
Arbitration
Koorosh H. Ameli, Arbitrator and Legal Consultant,
Ameli International Arbitration, The Netherlands;
Former Judge, Iran-US Claims Tribunal, The Hague;
Member, ICC Institute of World Business Law
Laya Joneydi, Senior Partner, Joneydi & Associates Law
Office (JAALO), Iran; Associate Professor, University of
Tehran
Cyrus Shafizadeh, Managing Partner, Atieh Associates
Law Firm, Iran
Shahram Shams, Partner, Shid Associates, Iran
13.15-14.45
LUNCH
14.45-16.45
ROUNDTABLE: THE ROLE OF IN-HOUSE COUNSEL
IN ARBITRATION PROCEEDINGS
In 2014, the ICC Commission on Arbitration and
ADR released a guide entitled “Effective
Management of Arbitration: A Guide for In-House
Counsel and Other Party Representatives”,
recognizing the fact that corporate executives and
in-house counsel have a key role to play in the
management of arbitration proceedings. This panel
will bring together a group of in-house counsel to
discuss the various strategic decisions they are
called to take throughout the arbitration process,
from any settlement considerations and initial case
assessment prior to the commencement of
proceedings to the management of the case and
enforcement proceedings following the issuance of
the award.
Discussion
16.45-17.00
Andrea Carlevaris (Chair), Secretary General, ICC
International Court of Arbitration; Director, ICC Dispute
Resolution Services, Paris
Sana Belaid, Senior Corporate Counsel, Cisco, Dubai,
United Arab Emirates
Karl Hennessee, Vice-President, Public Law &
Technology, Halliburton Energy Services, Inc., Houston,
United States; Chairman of the Governing Body, ICC
International Court of Arbitration
Yasmin Mohammad, Senior Counsel, Vannin Capital,
France
Oussama Daniel Nassif, General Counsel, OTMT, Egypt
Iryna Telychko, General Legal Counsel, Etihad Rail DB
Operations LLC, Abu Dhabi, United Arab Emirates
CONCLUSION
Sami Houerbi, Director for Eastern Mediterranean, Middle East & Africa, ICC International Court of Arbitration,
Dubai/Tunis
5
INTERNATIONAL CHAMBER OF COMMERCE 4TH ICC MENA CONFERENCE 2016
LOGISTICAL NOTE
VENUE
Park Hyatt Dubai (by Dubai Creek Golf and Yacht Club), Dubai, United Arab Emirates
REGISTRATION FEES
ADVANCED TRAINING
1
Early-bird until 18 February 2016
ICC members
Non-members
€515
€599
€749
€679
€799
€999
PACKAGE: CONFERENCE AND TRAINING
€955
€1119
€1399
ACCOMPANYING PERSON FOR SOCIAL EVENTS3
€210
4
TH
ANNUAL ICC MENA CONFERENCE
2
VAT exemption-French Tax Code, Article 259A5°
1all training activities including documentation, lunch and coffee breaks, cocktail reception
2all conference activities including documentation, lunches and coffee breaks, Monday cocktail reception and dinner on Tuesday
3Monday cocktail reception and dinner on Tuesday (sessions and networking lunches are restricted to participants only)
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Please contact your local NC to obtain your
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TRAVEL AND ACCOMMODATION
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Participants are responsible for making their own
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6
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SPONSORSHIP OPPORTUNITIES
This conference offers you an unrivalled opportunity
to maximize your visibility to practising lawyers,
corporate counsel, business professionals, and
academics coming from or doing business in the MENA
region. For further information please contact Ms Luz
Rodriguez at: luz.rodriguez@iccwbo.org
CANCELLATION POLICY
50% of the registration fee will be refunded if notice of
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Cancellations after this date are not refundable.
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related expense incurred by the participant.
INTERNATIONAL CHAMBER OF COMMERCE
4TH ICC MENA CONFERENCE 2016
SPONSOR
SUPPORTERS
MEDIA PARTNERS
7
INTERNATIONAL CHAMBER OF COMMERCE 13TH ICC MIAMI CONFERENCE | 2015
ICC International Court of Arbitration
Established in 1923 as ICC’s arbitration body, the International Court of Arbitration pioneered international
commercial arbitration as it is known today, initiating and leading the movement that culminated in the
adoption of the New York Convention, the most important multilateral treaty on international arbitration.
The Court is one of the world’s most experienced and renowned international arbitration institutions.
Working closely with its Secretariat, the Court’s primary role is to administer ICC Arbitrations.
The Court performs the functions entrusted to it under the ICC Rules of Arbitration available upon request
from the Court.
The Court provides parties with a flexible and neutral setting for dispute resolution. It offers confidentiality
and extraordinary freedom for parties to choose the framework for how and where they want to resolve
their dispute. While the dispute itself is resolved by independent arbitrators, the Court supervises the
process from beginning to end, increasing the quality of the process and enforceability of the awards.
Members of the ICC Court are appointed by the ICC World Council on the proposal of national committees
and groups. To date, the Court has 190 appointed members. The Court members’ diverse professional, legal
and cultural background brings richness to the Court’s daily work and decision making process.
The Court’s Secretariat, headed by a Secretary General, comprises a permanent staff of more than 80
lawyers and support personnel of 30 different nationalities, mastering around 30 languages.
The Secretariat is divided into nine case-management teams, seven based in Paris, one in New York and
another in Hong Kong.
Since its inception, the Court has administered over 21,000 cases involving parties and arbitrators from
some 180 countries.
For more information visit: http://www.iccarbitration.org
The ICC Institute of World Business Law
The ICC Institute of World Business Law acts as a think-tank working closely with the ICC International
Court of Arbitration. It is composed of 34 Council members of 21 nationalities, all experienced
professionals or academics in international business law or international commercial arbitration, as well as
more than 200 members from around the world.
Created over 35 years ago, the Institute provides research, training and information to the legal
profession concerned with the development of international business law. In line with its philosophy of
excellence, it proposes publications, trainings and conferences on different topics related to international
business law.
33-43 Avenue du Président Wilson, 75116 Paris, France
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INTERNATIONAL CHAMBER OF COMMERCE
4TH ICC MENA CONFERENCE 2016
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S1610 4TH ICC MENA CONFERENCE/ADVANCED-LEVEL TRAINING:
PRODUCTION OF DOCUMENTS
11-13 APRIL 2016
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