Wednesday, 27 November 2019, Paris, France

Designed with and for industry experts, GAR Live Paris 2019 will bring together delegates from the arbitration circuit including lawyers, academics and judges, for networking and interactive panels that showcase the latest trends in arbitration in Europe and beyond.

Attendees will be provided with a unique opportunity to connect and learn from like-minded individuals through different panel formats and networking breaks.

Together with our co-chairs Carole Malinvaud, Gide Loyrette Nouel and Roland Ziadé, Linklaters, we have designed an agenda that will include a discussion of corruption, illegality and compliance in arbitration, changing arbitral rules, the latest trends and developments in emerging markets and our ever popular GAR Live Debate.

E-mail Tel: +44 20 3780 4296

Chairs

Carole Malinvaud

Gide Loyrette Nouel

Carole Malinvaud is a partner at Gide Paris where she co-heads the international arbitration activity of the firm and chairs the Gide Pro Bono endowment fund. Carole is a member of the Paris and New York Bars and has acted as counsel or arbitrator in over eighty international arbitration proceedings, both ad hoc and institutional, as well as before domestic French courts in relation to international litigation and arbitration.

Specialised in international commercial law, and more particularly in international arbitration, Carole has recently been focusing on arbitrations relating to construction, energy and defence, under the rules of the ICC and ICSID. She also acts as arbitrator in several ICC and ICSID arbitrations.

Roland Ziadé

Linklaters

Roland has acted as counsel in approximately one hundred international arbitration cases (ICC, UNCITRAL, LCIA, ICSID, AAA, SCC, OHADA, PCA, and ad hoc) and has represented and advised private companies (from the United States of America, Europe, Asia, the Middle East and Africa), states, and international organisations.

Roland has also acted as arbitrator in over 45 international arbitrations (ICC, LCIA, ICSID, UNCITRAL, SCC, Swiss Chambers, DIAC, DIFC-LCIA, AFA, CRCICA). He was a member of the ICC International Court of Arbitration for 9 years.

Keynote Speaker

Bernard Hanotiau

Hanotiau & van den Berg

Bernard Hanotiau is a member of the Brussels and Paris Bars. He is also professor emeritus of international law from the University of Louvain. Since 1978, he has been involved in hundreds of arbitration cases as party-appointed arbitrator, chairman, sole arbitrator, counsel and expert in all parts of the world, according to the rules of most arbitral institutions and the Uncitral Rules.

In March 2011, Mr. Hanotiau received the GAR “Arbitrator of the Year” award. In April 2016, he also received the Who’s Who Legal “Lawyer of the Year” for Arbitration award.

Speakers

Nadia Darwazeh

Clyde & Co

Alexander Fessas

Secretary General, ICC International Court of Arbitration

Jean-Yves Garaud

Cleary Gottlieb Steen & Hamilton

Matthieu Gregoire

4 New Square

Jacomijn van Haersolte-van Hof

LCIA

Karl Hennessee

AirBus Group

Isabelle Michou

Quinn Emmanuel

Yasmin Mohammad

Vannin Capital

Thierry Tomasi

Herbert Smith Freehills

Programme

09.00: Welcome coffee and registration

09.30: Chairs’ opening remarks

Carole Malinvaud, Gide Loyrette Nouel 
Roland Ziadé, Linklaters

09.40: Keynote address

10.10: Session one: Corruption, illegality and compliance in arbitration: are we talking about the same animal and where do we stand?

With the latest episode in the Tapie case making news and the Alstom Paris Court of Appeals decision being rendered in recent months, it seems timely to touch base on issues of fraud, white collar crimes and compliance in relation to arbitration.

The panel is expected to discuss, among other topics:

  • What are the various situations parties can face in this respect and who has the burden of proof?
  • What are the roles and responsibilities of the various actors in an international arbitration, including notably, the arbitrators, the counsel and the arbitral institution?
  • Are we noticing any specific trend in the treatment of corruption and illegality allegations in investment arbitration, as opposed to in commercial arbitration?
  • Where should the cursor be placed on, respectively, arbitral and judicial activism, in situations where there is an allegation or suspicion that the contract that is the subject of the arbitration was obtained by corruption? Are we seeing any evolution from a comparative law perspective?
  • How should arbitrators deal with allegations that certain evidence in a case was illegally obtained and/or has been fabricated or improperly altered or manipulated?

11.25: Coffee break

11.55: Session two: Are new rules changing arbitration and is it time to revisit the arbitral proceedings?

With the issuance of the Prague Rules at the end of 2018, and the ICC announcing that as part of a move towards further transparency they may publish awards after two years, international arbitration is being shaken up with rules that are challenging traditional practice. This panel will discuss whether it is time to reconsider the standard features of modern international arbitration in order to fight delays, increasing costs and to better meet users’ expectations.

In particular they are expected to discuss:

  • What are users’ expectations?
  • Are the Prague Rules a welcome development and a positive step in the right direction, or are they superfluous or even a regression and triggering a new and unnecessary divide within arbitration?
  • Should document production no longer be necessarily seen as the default approach for international commercial arbitration?
  • Can or should the arbitrators share preliminary views with the parties on legal or factual points in dispute and should they play a role in relation to facilitating settlements?
  • To what extent do parties seem willing to agree to the publication of awards and what are the matters counsel should take into consideration when advising parties as to whether or not to agree to publication, in whole or in part?
  • Do arbitrators take the threat of a party challenging them too seriously and are therefore not sufficiently robust in handling their proceedings?

13.10: Networking lunch

14.10: Session three: Latest trends and developments in emerging markets

The Paris international arbitration community has a long history of involvement in disputes involving emerging markets. Such markets have ever-increasing importance in a world where they are experiencing economic development and growth at rates sometimes well exceeding those of the more mature economies.

This panel will provide a tour d’horizon of trends and developments in several of those emerging markets in which Paris-based arbitration practitioners are most active: Africa, the Middle East, and Latin America.

15.25: Coffee break

15.55: Session four: The GAR Live Debate

In Oxford Union style, we will hear teams of debaters argue in favour of, or against, the motion. A panel of judges will then voice their opinions on what has been heard, before choosing which side to support and giving reasons for their decisions.

Motion: “Summary determinations should become a standard feature of international arbitration.”

17.10: Chairs’ closing remarks 

Carole Malinvaud, Gide Loyrette Nouel 
Roland Ziadé, Linklaters

17.20: Close of conference

Venue

Paris, France

Testimonials

  • "Michael Polkinghorne was an excellent moderator. Very lively! The GAR Inquisition was really interesting - very original format." Sacha Willaume, Gide Loyrette Nouel

Ticket Prices

Private Practitioner
Type Price Until
Super Early €700  18 Oct 2019
Early €800 15 Nov  2019
Standard €900 27 Nov 2019

 

IN-HOUSE/GOVERNMENTAL
Type Price
Standard

€0