Coverage

GAR Live Vienna - in pictures

GAR Live Vienna - in pictures

02 December 2019

Photos from the 3rd Annual GAR Live Vienna can be found here.

How to deal with economic sanctions

How to deal with economic sanctions

02 December 2019

A panel at GAR Live Vienna considered the impact of economic sanctions on international arbitration, including whether arbitrators have a duty to enforce sanctions, defences based on force majeure and the difficulties faced by institutions in taking payment of fees.

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

Professor Vladimir Pavić

University of Belgrade Faculty of Law

Vladimir Pavić is Professor at the Faculty of Law, University of Belgrade, where he teaches Private International Law, Arbitration, Competition Law and Investment Protection. He is also a recurrent Visiting Professor at the Central European University where he teaches International Commercial Arbitration.

He currently serves as Vice-President of the Belgrade Arbitration Center, and as a member of the International Advisory Board of VIAC. He acted as arbitrator, counsel and expert witness in a number of arbitrations organized under various arbitration rules (ICC, SCC, Swiss Chambers, LCIA, VIAC, DIS, UNCITRAL, ICSID, ICSID AF).

Speakers

Alexey Anischenko

Sorainen

Christian Aschauer

Independent Arbitrator

Mercédeh Azeredo da Silveira

AZHA Avocats

Michelle Bock

WilmerHale

Daniel Busse

Busse Disputes

Eléonore Caroit

LALIVE

Nicole Dolenz

Orrick, Herrington & Sutcliffe

José Feris

Squire Patton Boggs

Anne-Karin Grill

Vavrovsky Heine Marth Rechtsanwälte

Sarah Grimmer

Hong Kong International Arbitration Centre

Karlheinz Kopf

Austrian Federal Economic Chamber

Andrey Panov

Norton Rose Fulbright

Aasiyah Patel

International Chamber of Commerce

Nicholas Peacock

Herbert Smith Freehills

Martin Platte

PLATTE disputes.solutions

Francesca Salerno

Legance

Judith Sawang

Wendelstein

Jann Siefken

Vice President, ams AG

Delphine Wietek

Independent Expert

Rikard Wikström-Hermansen

Roschier

Galina Zukova

Bélot Malan & Associés

Programme

09.00: Welcome coffee and registration

09.30: Chairs’ opening remarks

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

09.40: Karlheinz Kopf's opening greetings

Karlheinz Kopf, Secretary General, Austrian Federal Economic Chamber

09.50: Session one: The effect of sanctions on arbitration

International sanctions affect all stages of an arbitration, from the advance on costs to the enforcement of the award. This panel will bring together leading names to dissect the issue and discuss what practitioners need to know when handling such situations. 

In particular they are expected to cover:

  • How do sanctions impact a tribunal’s jurisdiction? At what point does a case become inarbitrable?
  • What measures do institutions adopt to mitigate the effects of sanctions?
  • Are sanctions a force majeure event?
  • How do you enforce an award against a targeted person or state?
  • Can sanctions prevent parties from settling a case?

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

Panel:
Mercédeh Azeredo da Silveira, AZHA Avocats
Jann Siefken, Vice President, ams AG 
Andrey Panov, Norton Rose Fulbright
Aasiyah Patel, International Chamber of Commerce
Delphine Wietek, Independent Expert

11.10: Coffee break

11.40: Session two: The GAR Live Inquisition – are international arbitration counsel at home in big law firms and arbitrators in boutiques?

This session will replicate a US senate committee hearing with a succession of witnesses being ‘grilled' by a panel of GAR Live inquisitors.

The panel will explore the extent to which it is fair to say that counsel are more at home in a large law firm, whilst arbitrators settle better in a smaller shop – or if this is a complete oversimplification. Do arbitrators benefit from a smaller practice? How can you judge the best place to be?

Inquisitors:
Sarah Grimmer, Hong Kong International Arbitration Centre (HKIAC)
Martin Platte, Platte disputes.solutions
Judith Sawang, Wendelstein

Witnesses:
Daniel Busse, Busse Disputes
Rikard Wikström-Hermansen, Roschier
Galina Zukova, Bélot Malan & Associés

12.40: Networking lunch

13.40: Session three: The GAR Live Question Time - due process paranoia and corruption

With a focus on due process paranoia, our esteemed panel will discuss questions submitted by the audience and moderators in advance. For example:

  • Is due process paranoia getting in the way of effective settlement techniques such as sealed offers, or arbitration mediation?
  • How can arbitrators be more robust in practice?
  • Are arbitrators overly cautious in making case management decisions?
  • How do you get the balance right? 
  • What to do if you suspect corruption or fraud during a case? 

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

Panel:
Nicole Dolenz, Orrick, Herrington & Sutcliffe
José Feris, Squire Patton Boggs 

15.00: Coffee break

15.30: 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 that the Prague Rules are a waste of time.’

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

Judges:
Christian Aschauer, Independent Arbitrator 
Anne-Karin Grill, Vavrovsky Heine Marth 
Francesca Salerno, Legance

Debaters:
Alexey Anischenko, Sorainen
Michelle Bock, WilmerHale
Eléonore Caroit, LALIVE
Nicholas Peacock, Herbert Smith Freehills

16.50: Keynote address

Professor Vladimir Pavić, University of Belgrade, Faculty of Law

17.20: Chairs’ closing remarks: 

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

17.30: All delegates are invited to attend a cocktail reception hosted by the Vienna International Arbitration Centre (VIAC)

Further information

For further information or sponsorship opportunities, please call +44 203 780 4137 or email events@globalarbitrationreview.com

Venue

Vienna International Arbitral Centre (Sky Lounge), Wiedner Hauptstraße 63, 1040 Wien, Austria

Testimonials

  • "Great, very interesting" Matthew Buckle, Norton Rose Fulbright

Ticket prices

Private Practitioner
Type Price
Standard Rate  €500

 

In-house/Government Representatives
Type Price
Standard €0