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"The 2012 ICC Rules of Arbitration"
an official launch event of the new ICC Rules of Arbitration
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12 Oct 2011, Wed |
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8.30am - 6.30pm |
| Venue |
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Maxwell Chambers, 32 Maxwell Road
#04-01 Singapore 069115
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| Fee per pax |
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SBF Members - S$321.00
Non-Members - S$428.00
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The Event
The ICC Rules of Arbitration, which are used worldwide to resolve hundreds of business disputes each year, have been newly revised to take account of current requirements and developments in arbitration practice and procedure since the last revision in 1998. The new vintage is the fruit of two years of active work within the ICC Commission on Arbitration, a think tank of 620 dispute resolution specialists from 90 countries. A core group comprising Commission members and representatives of the Secretariat of the ICC International Court of Arbitration have drawn on their own professional experience and feedback from a 200-member task force to draft the new Rules. This conference will unveil and explain the changes made to the Rules in its third revision and will be the first opportunity for practitioners to acquire a comprehensive overview of the changes in readiness for the subsequent entry into force of the new Rules, and to have a direct exchange with several of the experts from the drafting group.
The Speakers
Speakers for the event will include:
Mr John Beechey – Chairman of the ICC International Court of Arbitration
Mr Jason Fry – Secretary-General of the ICC International Court of Arbitration
Mr Peter Wolrich – Chair of the ICC Commission on Arbitration, Chair of the Taskforce on the Revision of the ICC Rules of Arbitration and Attorney-at-law, Paris (Curtis)
Mr W. Laurence Craig – Co-Chair of the Taskforce on the Revision of the ICC Rules of Arbitration and Attorney-at-law, Paris (Orrick)
Mr Andrew Foyle – Barrister and a member of One Essex Court (London)
Mr Alvin Yeo, S.C. – Member of ICC Commission on Arbitration, SBF Council Member, Partner – Wong Partnership
Mr Phillip Jeyaretnam – Chairman of Maxwell Chambers, Partner – Rodyk & Davidson
Mr Chelva Rajah, S.C. – ICC Court Member for Singapore, Partner – Tan, Rajah & Cheah
Ms. Francesca Mazza, Secretary, ICC Commission on Arbitration (Paris)
Ms. Kim Kit Ow – Director, ICC Arbitration and ADR, Asia
Mr Alan Thambiayah – Independent Arbitrator, The Arbitration Chambers (Singapore)
Mr Yu-Jin Tay – Counsel, Shearman & Stirling (Singapore)
Mr Christopher Lau, S.C. – Independent Arbitrator, 3VB (Singapore)
My Vinayak Pradhan – Vice Chairman of the ICC Commission on Arbitration and Partner – Skrine
PROGRAMME
| Time |
Programme Details |
| 8.30am |
Registration
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| 9.00am |
Welcome and Opening Remarks
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| 9.15am |
General Provisions and the Arbitral Tribunal
The focus of the first part of this session is on the opening provision of the Rules and the changes made to it seeking to provide clarification on the respective roles of the Court, its Secretariat and arbitral tribunals. It also clarifies that ICC arbitration is available for a full range of disputes, including both commercial arbitration and treaty investment arbitrations. Other changes to the rules, which will be presented in this session, recognize the specifics of treaty investment arbitrations and arbitrations involving states or state entities. Articles 4 and 5 concerning the Request for Arbitration and the Answer are key provisions in the Rules, as these documents set the initial stage for the arbitration. This session will address the revisions made to these provisions and explain the requirements which parties will have to meet when submitting the Request and the Answer. In addition, revision to the rules explicitly allowing for tailor-made confidentiality orders as well as other modifications concerning confidentiality will be presented.
An often used maxim says that « an arbitration is only as good as the arbitrator » and the provisions concerning the constitution of the arbitral tribunal are at the core of any set of arbitration rules. This session will focus on the revisions made to those provisions, including the appointment of the arbitrators by the Court (Article 13), the arbitrators’ duty of impartiality and independence (Articles 11 and 14), and the notification of reasons for Court’s decisions concerning challenges, non-confirmation and replacement of arbitrators.
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| 10.15am |
Q&A on General Provisions
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| 11.00am |
Coffee Break
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| 11.15am |
Improving Time & Cost Efficiency
One of the primary goals of the rules revision was to find ways to encourage the controlling of time and cost in arbitration. This effort was specifically requested and encouraged by the corporate users of ICC arbitration. This session will present the revisions proposed in order to permit the Secretariat to constitute the arbitral tribunal more rapidly (Article 6(3)) and improve the turnaround time for draft awards (Articles 27, 31). The new provisions addressed to parties and arbitral tribunals concerning the conduct the arbitration proceedings in an expeditious and cost-effective manner and the corresponding cost provisions will also be presented (Articles 22- 24, Appendix V, Article 36). Finally, a user’s perspective will be presented.
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| 12.15pm |
Q&A on Improving Time & Cost Efficiency
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| 1.00pm |
Lunch
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| 2.30pm |
Emergency Arbitrator Provisions
The 2012 ICC Rules for Arbitration will include provisions permitting parties to seek the appointment of an Emergency Arbitrator to decide upon urgent conservatory or interim measures that cannot await the constitution of the arbitral tribunal. This session will present the revisions made to the rules in this respect, as well as the wholly new Appendix which sets out the rules for emergency arbitrator proceedings (Article 29, and the Appendix).
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| 3.30pm |
Q&A on Emergency Arbitrator Provisions
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| 4.15pm |
Coffee Break
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| 4.30pm |
Multi – party, multi-contract arbitration and consolidation
The Court has seen a considerable increase in cases involving multiple parties or multiple contracts in the past decade, which reflects an increasing complexity of the transactions underlying the disputes giving rise to ICC arbitrations. The 2012 Rules of Arbitration contain for the first time a chapter devoted to arbitrations involving multiple parties or contracts and consolidation. This session will present those new provisions and related provisions concerning the fixing of the advances on costs in such situations (Articles 7, 8, 9, 10 and 36) and focus on how they will operate in practice.
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| 5.30pm |
Q&A on Multiparty, multi-contract arbitration and consolidation
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| 6.15pm |
Concluding Remarks
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| 6.30pm |
Networking Cocktails
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Administrative Details
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- Please complete this Reply Slip and return it to Singapore Business Federation (Attention M.R. Dept) at 10 Hoe Chiang Road #22-01 Keppel Towers Singapore 089315 with cheque payment or telegraphic transfer on or before 4 October, 2011.
- Cheque must be made payable to: “Singapore Business Federation”. Please indicate Ref No, Company Name, Participant’s Name, SBF membership no. (if applicable) behind your cheque.
- Confirmation of your registration will be e-mailed to you or your company upon receipt of full payment. Please present the confirmation for admission to conference room.
- We regret that no refund will be made for cancellation or non-attendance but a replacement is allowed.
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Ref No: IBA 165/121010/09W
REGISTRATION FORM - Attn: MR Dept
Fax: 6734 0610
Closing Date: 4 Oct 2011
NOTE : As a precautionary measure, our advice is for members who are unwell not to attend the session.
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Registration
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