Friday, 19 October 2018, Vienna International Arbitral Centre, Vienna

E-mail Tel: +44 203 780 4137

Chairs

Alice Fremuth-Wolf

Secretary General, Vienna International Arbitral Centre (VIAC)

Alice Fremuth-Wolf is Secretary General of VIAC as of January 2018; before she was VIAC’s Deputy since 2012. Having studied law at Vienna University (Mag. iur. 1995, Dr. iur. 2002), Utrecht University (1994) and the London School of Economics and Political Science (LL.M. 1998), she served as assistant professor at the Department of Civil Procedure Law at the Law Faculty of Vienna University. Before opening her own practice in 2004, she worked with major Austrian law firms and acted as party representative and arbitrator in international commercial arbitration cases.

Eliane Fischer

Freshfields Bruckhaus Deringer and Young Austrian Arbitration Practitioners (YAAP)

Eliane Fischer is a member of the dispute resolution group of Freshfields Bruckhaus Deringer. She is a Swiss qualified lawyer and is based in Vienna. Eliane Fischer focuses her practice on complex international arbitrations. She has experience in disputes involving construction and engineering, sales, supply and distribution contracts, joint ventures, energy law, the IT industry as well as investment disputes. She has acted as counsel or co-counsel in cases under various arbitration rules and also acts as arbitrator.

Stefan Riegler

Wolf Theiss and Austrian Arbitration Association Arb|Aut

Stefan Riegler heads the Wolf Theiss arbitration practice in Vienna. He specialises in commercial disputes, especially in the energy, construction and infrastructure sectors; he is also experienced in handling competition, post-M&A and banking disputes. Stefan has acted as counsel and arbitrator under major arbitration rules, including the ICC, DIS and Vienna Rules, as well as in ad hoc arbitration proceedings. He is a member of the board of the Austrian Arbitration Association (ArbAut), the ICC Commission on Arbitration, as well as various other international arbitration organisations and is the author of numerous articles and publications on arbitration.

Keynote Speaker

Jörg Risse

Baker McKenzie

Jörg Risse, Baker McKenzie Frankfurt, is widely considered as one of Germany's leading arbitration lawyers, arbitrators and mediators (Chambers Global, Legal 500, JUVE, Who's Who). GAR / Who's Who Legal named him a "thought leader - arbitration" in 2018. His main areas of practice are post M&A disputes (reps & warranties, price adjustments) and disputes related to large infrastructure projects (power plants, offshore wind farms, airports). Joerg Risse teaches advocacy skills and dispute resolution at the University of Mannheim and holds a lectureship in oral advocacy (rhetoric's) at Humboldt University Berlin.

Lifetime Award

Eric Bergsten

President, Willem C. Vis International Commercial Arbitration Moot

Professor Eric E. Bergsten has had a distinguished sixteen-year career with the United Nations where he served the United Nations Commission on International Trade Law (UNCITRAL), first as Senior Legal Officer and then as Secretary of the Commission. From 1985-1991 he was Chief of the International Trade Law Branch of the Office of Legal Affairs. This branch serves as secretariat of UNCITRAL. During his fifteen years of law school teaching he taught a number of commercial law and international law courses at Fordham University, the University of Iowa, and Northwestern University. His numerous writings and teaching focus on commercial law and international trade law. Professor Bergsten developed and administers Pace's Willem C. Vis International Commercial Arbitration Moot held annually in Vienna, Austria.

Speakers

Davor Babić

Professor, Faculty of Law, University of Zagreb

Stavros Brekoulakis

Professor, Queen Mary University of London and Associate Member, 3 Verulam Buildings

Dirk Buschle

Deputy Director, Legal Counsel, Energy Community

Nadia Darwazeh

Clyde & Co

Daniel Girsberger

Professor, University of Lucerne and Of Counsel, Wenger & Vieli

Ulrich Hagel

Head of Claim Governance, Litigation & Procurement Support, Bombardier

Wulf Gordian Hauser

Hauser Partners

Amy Kläsener

Dentons

Barton Legum

Dentons

Martin Magál

Allen & Overy

Patrizia Netal

KNOETZL

Allison Nold

Head of Commercial Disputes, Litigation Investigations and Regulatory Affairs Airbus SAS

Paschalis Paschalidis

Former référendaire, Court of Justice of the European Union

August Reinisch

Professor, Department of European, International and Comparative Law, University of Vienna

Jan Schäfer

King & Spalding

Franz Schwarz

WilmerHale

Anna-Maria Tamminen

Hannes Snellman

Dalibor Valinčić

Wolf Theiss

Julia Zagonek

White & Case

Programme

9.00: Welcome coffee and registration

9.30: Chairs' opening remarks

Stefan Riegler, Wolf Theiss and Austrian Arbitration Association Arb|Aut
Eliane Fischer, Freshfields Bruckhaus Deringer and Young Austrian Arbitration Practitioners (YAAP)
Alice Fremuth-Wolf, Secretary General, Vienna International Arbitral Centre (VIAC)

9.45: Session one: Settlement in arbitration – should more cases settle and, if so, what is getting in the way?

Settlements are the preferred option for most businesses and are almost always attempted before cases go to arbitration or litigation. So, when negotiations have already failed, and one side is waging arbitration, is that it? Has all opportunity to settle been lost? 

In this panel, leading names will explore why some cases fail to settle, how settlement in arbitration compares with settlement in national litigation, and what the world of arbitration can or should do to get the balance in settlement right. In particular they will ask: should the arbitral tribunal engage in such negotiations, and to what extent? Or is this better left to third party neutrals? What do institutional figures show on the settlement ratio and on the types of cases that are settled? What role do parties, arbitrators, counsel and arbitral institutions play? What are potential pitfalls when a settlement is reached?

Questions the panel are expected to discuss include:

  • What is the role of the arbitral tribunal in settlement negotiations?
  • How can you spot the right time to settle? What are the signs?
  • How do cultural differences affect settlement negotiations?
  • How can you ensure the settlement is binding and awarded on agreed terms? What dispute mechanisms are available here?
  • What goes wrong – are there cases that should settle that fail to, and are there settlements that collapse over disagreements about what was settled?
  • How should parties best execute the settlement agreements?

Moderator:
Alice Fremuth-Wolf, Secretary General, Vienna International Arbitral Centre (VIAC)

Panel:
Davor Babić, Professor, Faculty of Law, University of Zagreb
Dirk Buschle, Deputy Director, Legal Counsel, Energy Community
Ulrich Hagel, Head of Claim Governance, Litigation & Procurement Support, Bombardier 
Allison Nold, Head of Commercial Disputes, Litigation Investigations and Regulatory Affairs, Airbus SAS
Julia Zagonek, White & Case

11.00: Coffee break

11.30: Session two: The GAR Live Question Time - third party funding; and post-M&A disputes

Delegates will pre-submit questions in advance on the special topics: “third party funding” and “post-M&A disputes”. The moderators and members of the panel will engage in a discussion with the audience.

Modertor:
Stefan Riegler, Wolf Theiss and Austrian Arbitration Association Arb|Aut

Panel:
Stavros Brekoulakis, Professor, Queen Mary University of London and Associate Member, 3 Verulam Buildings
Amy Kläsener, Dentons
Daniel Girsberger, Professor at the University of Lucerne and Of Counsel, Wenger & Vieli

12.45: Networking lunch

13.45: Lunchtime keynote address: “Poetic Prophecy: The Future of Arbitration”

Jörg Risse, Baker McKenzie

14.15: Session three: The future of investment arbitration - where do things go from here? 

The world of investor-state disputes is in flux – from the Achmea ruling to proposals for investment courts to rule changes. How do all these changes play out? In this panel, speakers will do their best to help the audience chart a course through these disparate events and form a picture of what investor-state work will look like in five years. What kinds of cases will be being brought – under what instruments, and before which institutions?

Questions the panel are expected to discuss include:

  • How will the Achmea ruling change the intra-EU landscape of investment arbitration – and what changes have emerged from the decision already? Who were the winners and losers?
  • Would a European Investment Court constitute a big change to European investment arbitration?
  • Could or should transcontinental trade deals (e.g. TTIP) trigger a new era of investment arbitration? Can the same be said for major infrastructure projects like the Belt and Road initiative?
  • How far should a revision of the ICSID Rules go?
  • What other challenges does ICSID face that might not be handled through a revision of the rules?

Moderator:
August Reinisch, Professor, Department of European, International and Comparative Law, University of Vienna

Panel:
Dalibor Valinčić, Wolf Theiss
Paschalis Paschalidis, former référendaireCourt of Justice of the European Union
Jan Schäfer, King & Spalding

15.30: Coffee break


16.00: Session four: The GAR Live debate

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

Motion: "This house believes, in all but exceptional cases, document production is a complete waste of time"

Moderator:
Eliane Fischer, Freshfields Bruckhaus Deringer and Young Austrian Arbitration Practitioners (YAAP)

Judges:
Wulf Gordian Hauser, Hauser Partners
Patrizia Netal, KNOETZL
Martin Magal, Allen & Overy

Debaters:
Franz Schwarz, WilmerHale
Anna-Maria Tamminen, Hannes Snellman
Nadia Darwazeh, Clyde & Co
Barton Legum, Dentons

17.15: Lifetime award to Professor Eric Bergsten; laudatio by Daniel Girsberger and Stavros Brekoulakis 

17.40 onwards: All delegates are invited to attend a drinks reception kindly hosted by Vienna International Arbitral Centre (VIAC)

Venue

Vienna International Arbitral Centre, Wiedner Hauptstraße 63, 1040 Wien, Austria

Testimonials

  • "The subjects were very interesting and up to date", Valeriu Mina, Nestor Nestor Diculesci Kingston Peterson

     

  • "Very exciting discussion; extra points for letting the delegates come up with questions"

    Martin Nováček, Ministry of Finance, Czech Republic

  • "The conference was particularly well structured in that it was not composed only of panels giving preset presentations", Lucia Raimanova, Allen & Overy

Ticket prices

Private Practitioner
Type Price Until
Standard €500 19 October 2018

 

In-house/governmental
Complimentary In-house/governmental registration available