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 studied law at Vienna University and the London School of Economics and Political Science. She also served as assistant professor at the Department of Civil Procedure Law at the Law Faculty of Vienna University, coached the Vienna team for the Willem C. Vis International Commercial Arbitration Moot from 2004-2009 and still teaches arbitration. She is a qualified mediator and is a co-organiser of the CDRC IBA-VIAC-Elsa Consensual Dispute Resolution Competition in Vienna.

Eliane Fischer

Freshfields Bruckhaus Deringer

Eliane advises on complex international arbitrations, including in disputes involving construction, energy, corporate law and telecommunication matters. She practices in the area of dispute resolution and international arbitration, with a particular focus on complex international construction and engineering disputes, sales and supply contracts, joint venture disputes, energy projects, the telecoms sector as well as investment disputes. 

Stefan Riegler

Wolf Theiss

Stefan Riegler is a member of the Dispute Resolution team and heads the Arbitration practice. Stefan specialises in advising companies on commercial disputes, especially in the energy, construction and infrastructure sectors; he is also experienced in handling corporate, post-M&A and banking disputes. Stefan has acted as counsel under major arbitration rules, such as ICC, DIS and Vienna Rules, as well as in ad hoc proceedings.

Keynote Speaker

Jörg Risse

Baker McKenzie

Jörg Risse is a member of the German Dispute Resolution Group of Baker McKenzie. Being double-qualified as an attorney-at-law in Germany and in New York (USA), he represents his clients in international arbitrations before all major arbitral institutions. Since Jörg Risse is frequently appointed to act as an arbitrator or mediator, his clients also benefit from his "judiciary" outlook on a case. Jörg Risse teaches advocacy skills and dispute resolution at the University of Mannheim.

Speakers

Davor Babić

Professor, Faculty of Law, University of Zagreb

Julie Bédard

Skadden, Arps, Slate, Meagher & Flom

Dirk Buschle

Deputy Director, Legal Counsel, Energy Community

Stavros Brekoulakis

Professor, International Arbitration and Commercial Law, School of Law, Queen Mary University of London

Nadia Darwazeh

Clyde & Co

Ulrich Hagel

Bombardier

Wulf Gordian Hauser

Hauser Partners

Stephen Jagusch QC

Quinn Emanuel Urquhart & Sullivan

Werner Jahnel

LALIVE

Amy Kläsener

Dentons

Sabine Konrad

McDermott Will & Emery

Martin Magal

Allen & Overy

Patrizia Netal

KNOETZL

Allison Nold

Airbus

Paschalis Paschalidis

Referendary, Court of Justice of the European Union

August Reinisch

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

Franz Schwarz

WilmerHale

Anna-Maria Tamminen

Hannes Snellman

Dalibor Valinčić

Dechert

Julia Zagonek

White & Case

Programme

9.00: Welcome coffee and registration

9.30: Chairs' opening remarks

Stefan Riegler, Wolf Theiss
Eliane Fischer, Freshfields Bruckhaus Deringer
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, Bombardier 
Allison Nold, Airbus
Julia Zagonek, White & Case

11.00: Coffee break

11.30: Session two: 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.

Panel:
Stavros Brekoulakis, Professor, International Arbitration and Commercial Law, School of Law, Queen Mary University of London
Amy Kläsener, Dentons
Werner Jahnel, LALIVE

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?

Panel:
Sabine Konrad, McDermott Will and Emery
Dalibor Valinčić, Dechert
Paschalis Paschalidis, ReferendaryCourt of Justice of the European Union
August Reinisch, Professor, Department of European, International and Comparative Law, University of Vienna
Julie Bédard, Skadden, Arps, Slate, Meagher & Flom

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

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
Stephan Jagusch QC, Quinn Emanuel Urquhart & Sullivan

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 

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