8:30 AM: Doors Open
9:00 AM Panel 1: Effective management of evidence in Construction Arbitration: The Perspective from an Arbitrator, Counsel and Expert.
Construction/Engineering and Energy Arbitration proceedings historically generate the largest number of ICC cases. The trend was confirmed in 2020 with 194 (construction/engineering arbitration proceedings) and 167 (energy arbitration proceedings), accounting for approximately 38% of all cases. These types of arbitration proceedings involve multiple technical issues, which are complemented with technical expert reports and thousands of technical documents.
This panel aims to identify an effective management toolkit for these types of arbitration proceedings from the perspective of an Arbitrator, a Counsel, and an Expert. From a practical point of view, the speakers will explain what are the tools and techniques used to present a multiplicity of claims in an effective manner, identify which are the relevant documents that must be presented in this kind of arbitration proceedings, and discuss how efficient are tests and site visits.
10:15 AM - 10:45 AM: Coffee break
10:45 AM - 12 PM Panel 2: TechTalk: Unraveling the Tapestry - AI's Influence on International Arbitration
This panel will canvass different perspectives on AI in international arbitration. After the opening remarks of AI experts, who will decode the mechanics of AI functioning, the panelists will discuss the use of AI in international arbitration. Panelists are selected among practitioners, deciders, and business actors.
The experts will delve into some of the questions that remain unanswered–what does AI bring to the international arbitration sphere? What are international arbitration practitioners’ expectations with regard to it? Should counsel and arbitrators play a larger role in the development of AI software targeted at international arbitration? How can the international arbitration community curb the risks it entails?–, while touching upon some of the ethical quandaries raised by AI along the way.
12:00 PM - 1:30 PM Lunch Break
1:30 PM - 3 PM Panel 3: Procedural Toolkit for Efficient and Cost-Effective Arbitration.
This panel will consider a recurring issue in arbitration proceedings: inefficient conduct (e.g., delaying tactics, overly litigious and uncooperative approaches, and submission of colossal amounts of documents) that increasingly frustrate the expectation of cost-efficient proceedings.
The panelists will explore the procedural techniques that parties and tribunals can employ to make arbitration smoother with the aim of reducing costs and duration. The purpose is to increase client satisfaction, make arbitration accessible to entities that otherwise could not afford it (e.g., SMEs), and open it up to smaller claims that might not otherwise be brought.
3 PM - 3:15 PM Coffee Break
3:15 PM - 4:00 PM: Hon. Bridget McCormack Address
4:00 PM - 4:15 PM: Coffee Break
4:15 PM - 5:30 PM Panel 4: ISDS and the new emerging economies: where we stand and where next.
More than 80 years after the rise of ISDS and considering the almost 10-year ongoing debate around its reform, this panel will be aimed at giving a voice to the very new emerging economies on the matter.
Its purpose will be to understand whether and how the new emerging economies are willing to engage with the ISDS and its reform and how they feel about the backlash against investment arbitration that many other countries advocate for. The panel will be composed of government representatives only. It will be a perfect forum for them to share their experiences and insights involving ISDS and discuss together what they foresee for the future and where they hope ISDS will go next.
5:30 PM - 5:45 PM : Closing remarks by Pr. George Bermann
5:45 PM - 7:00 PM: Reception