Coverage

GAR Live Paris in pictures

GAR Live Paris in pictures

30 November 2016

The fourth annual GAR Live Paris took place last week at the office of Allen & Overy near the Arc de Triomphe. It was chaired by Isabelle Michou of Quinn Emanuel Urquhart & Sullivan and Marieke van Hooijdonk of Allen & Overy. A selection of photos of the event can be viewed below.

"Yukos law” grabs attention at GAR Live Paris

"Yukos law” grabs attention at GAR Live Paris

25 November 2016

France’s proposed new law on sovereign immunity has been labelled ‘the Yukos law’ because of the potential implications it has for the former shareholders in the company and their enforcement attempts in the French courts, heard delegates at GAR Live Paris today.

Disclosure dilemmas debated at GAR Live Paris

Disclosure dilemmas debated at GAR Live Paris

30 November 2016

At GAR Live Paris on Friday, speakers considered what should be expected regarding the disclosure of third-party funding arrangements, past cases arbitrators have handled and documents in a digital era.

Chairs

Isabelle Michou

Quinn Emanuel Urquhart & Sullivan

Isabelle Michou's practice focuses on international arbitration and international law.  She acts for both large corporations and States and has developed substantial expertise in a range of industries, including in the energy sector, aerospace and large-scale infrastructure projects. 

She has appeared before numerous high-profile arbitral tribunals, under the auspices of the major institutional rules including ICC, ICSID, LCIA, Stockholm Chamber of Commerce, as well as ad hoc arbitrations under the UNCITRAL Rules.

Marieke van Hooijdonk

Allen & Overy

Marieke specialises in commercial and corporate arbitration and litigation, with a particular focus on disputes related to mergers and acquisitions, joint ventures and shareholder disputes and disputes regarding trade and product liability. She heads the Amsterdam Litigation Practice.

Marieke sits on the ICC Court of Arbitration, is on the General Panel of Arbitrators of the Netherlands Arbitration Institute (NAI) and regularly sits as arbitrator herself. Marieke is also a deputy judge at the Court of Appeal in Arnhem-Leeuwarden. 

Speakers

Charles Poncet

CMS von Erlach Poncet

Charles Kaplan

Orrick Herrington & Sutcliffe

Daniel Saoul

4 New Square

Paula Hodges QC

Herbert Smith Freehills

Benoit Le Bars

Lazareff Le Bars

Charles Nairac

White & Case

James Castello

King & Spalding

Laurence Kiffer

Teynier Pic & Associes

Marc-Olivier Langlois

Hughes Hubbard & Reed

Noah Rubins

Freshfields Bruckhaus Deringer

Charlie Lightfood

Jenner & Block

Andrea Carlevaris

International Court of Arbitration

Carole Malinvaud

Gide Loyrette Nouel

Christopher Style QC

One Essex Court

Loukas Mistelis

Queen Mary University of London

Michael Polkinghorn

White & Case

Nadia Darwazeh

Curtis Mallet-Prevost Colt & Mosle

Nathalie Meyer Fabre

Meyer Fabre Avocats

Andrew Cannon

Herbert Smith Freehills

Carine Dupeyron

August Debouzy

Louis Christophe Delanoy

Bredin Prat

Programme

9.00: Welcome coffee and registration

9.20: Chairs' opening remarks 

Isabelle Michou, Quinn Emanuel Urquhart & Sullivan

Marieke van Hooijdonk, Allen & Overy

9.30: Session one: "Now we are five" - Reactions to the French Arbitration Law after five years

To mark its fifth year, the French Arbitration Law will be assessed critically in this session. Leading practitioners will debate what has worked well - and what less so. Is it still cutting edge, or is further change needed? Were the innovations mere novelties, or have they proven useful? Are the local courts doing a good job in applying it?

In short, is it four times younger than the English Arbitration Act, but twice as good?

Moderator:

Marieke van Hooijdonk, Allen & Overy

Panel:

Carine Dupeyron, August Debouzy

Laurence Kiffer, Teynier Pic

Nathalie Meyer Fabre, Meyer Fabre Avocats

Nadia Darwazeh, Curtis, Mallet-Prevost, Colt & Mosle

11.00: Coffee break

11.30: Session two: GAR Live Question Time for arbitrators 

A twist on our usual Tylney Hall format. A panel of arbitrators will discuss questions submitted by the audience in advance.

Moderator:

Charles Kaplan, Orrick, Herrington & Sutcliffe

Panel:

Charles Poncet, CMS

Christopher Style QC, One Essex Court

Carole Malinvaud, Gide Loyrette Nouel

Loukas Mistelis, Professor, Queen Mary University of London

13.00: Networking lunch

14.00: Session three: Multi-party/multi-contract arbitrations - How complex are they in practice?

Major industrial projects, should they revolve around infrastructures, intellectual property rights or energy ventures, have something in common: they are often articulated around multiple‎ layers of contracts (e.g. development agreements, non-disclosure agreements, financing agreements, joint-venture agreements, shareholder agreements, operating agreements) and they involve multiple parties (e.g. project companies, joint-venture companies, operating companies, marketing companies, parent companies, creditors).

How difficult is it to implement an arbitration agreement in such circumstances? Real life examples will be discussed by the panelists, including:

- Difficulties with the appointment of arbitrators. Who has the right to appoint? What is the best profile of arbitrators in this context? What happens when there is an imbalance in the agreed appointment process? How far should the Dutco principle extend?

- Who are the proper parties to the arbitration agreement? What happens when the party to the arbitration agreement‎ is not the owner of the disputed substantive rights?

- How to protect the confidentiality of sensitive information in multi-party arbitration. A typical example is information communicated to the joint-venture company but not to the other shareholder, that may nonetheless be a party to the dispute. 

 

Moderator:

Isabelle Michou, Quinn Emanuel Urquhart & Sullivan

Panel:

Andrea Carlevaris, Secretary General, ICC International Court of Arbitration

Charles Nairac, White & Case

Andrew Cannon, Herbert Smith Freehills

Benoit Le Bars, Lazareff Le Bars

16.00: Coffee break

16.15: Session four: The GAR Live debate

Motion: "This house believes that Brexit means the death of London as a seat of arbitration"

Moderator:

Charlie Lightfoot, Jenner & Block

Debaters:

Louis Christophe Delanoy, Bredin Prat

Marc-Olivier Langlois, Hughes Hubbard & Reed

Noah Rubins, Freshfields Bruckhaus Deringer

Daniel Saoul, 4 New Square

Judges:

Paula Hodges QC, Herbert Smith Freehills

Michael Polkinghorne, White & Case

James Castello, King & Spalding

17.35: Chairs' closing remarks

Isabelle Michou, Quinn Emanuel Urquhart & Sullivan

Marieke van Hooijdonk, Allen & Overy

 

17.45: Close of conference

Venue

Allen & Overy, 52 Avenue Hoche, 75008, Paris, France

Registration

Registration is no longer available