Young ICCA Workshop in Portorož, Slovenia, 17 September 2013

Dear Young ICCA Members,

On behalf of Young ICCA, we are pleased to invite you to attend a Young ICCA skills training workshop which will be held in the morning of 17 September 2013 in Portorož, Slovenia.

There are 20 spots available for Young ICCA members to attend the event, selected from those who register first. In addition to Young ICCA participants, the workshop will be attended by 15 young arbitration practitioners from Slovenia and the Balkan area.

The topic of the Slovenian workshop is “Factual & Expert Witnesses”.

sponsorsThe workshop is hosted by Young ICCA and kindly supported by Law Firm Ulčar & Partners LLC, Law Firm Rojs, Peljhan, Prelesnik & partners o.p., d.o.o. and the Permanent Court of Arbitration attached to the Chamber of Commerce and Industry of Slovenia. It will take place at Kempinski Palace Portoroz and be followed by a lunch.

The faculty of the workshop includes Stephen P. Anway, Squire Sanders, New York, Christina Cathey Schuetz, Clifford Chance LLP, London, Remy Gerbay, Queen Mary, University of London, Santiago Dellepiane, Senior Vice President, Compass Lexecon, New York and Sirshar Qureshi, Partner, PricewaterhouseCoopers, Prague.

Thanks to our sponsors, we can provide Young ICCA members participating to the Slovenian workshop with accommodation for two nights, from 16 to 18 September 2013, at Grand Hotel Bernardin in Portorož. This accommodation will require the sharing of rooms.

All participants will be expected to fund their own costs of transportation to and from Portorož, as well as incidental expenses. Additionally, all attendees will be responsible for obtaining and paying for any visa necessary to attend the workshop.

The 20 places available for Young ICCA members cover participation to the morning session of 17 September, plus 2 nights’ accommodation. Members will be selected from those who respond to Perrine Duteil first at the following address: duteil@taverniertschanz.com

Further information, notably the detailed program of the workshop and activities for the evening of 16 September and afternoon of 17 September, will follow shortly.

Please direct any questions you may have to Perrine Duteil.

With best wishes,

Young ICCA

http://www.arbitration-icca.org/YoungICCA/EventPages/YoungICCA-Slovenia-2013.html

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Young ICCA Mentees Write Group Paper

As the 2013-2014 Mentoring Programme gets underway, we are pleased to present the work of one group from the 2012-2013 programme. Mentored by Professor Piero Bernardini, Buddy David Earnest (USA) and Mentees Raul Gallardo (Colombia), Garðar Víðir Gunnarsson (Iceland) and Tobiasz Kaczor (Poland) prepared a paper together entitled “Four Ways to Sharpen the Sword of Efficiency in International Arbitration.” The paper covers topics such as the impact of the parties’ preliminary choices on efficiency of the proceedings, procedure as the foundation of arbitral efficiency, the arbitrator as settlement facilitator and the use of information technology in arbitration.

Download PDF: four_ways_to_sharpen_the_sword_of_efficiency_yicca_group_paper.pdf (180kb)

 

 

STATE-TO-STATE ARBITRATION PURSUANT TO BILATERAL INVESTMENT TREATIES: THE ECUADOR-US DISPUTE

by Marcin Orecki*

This paper presents the state-to-state arbitration between the United States (US) and Ecuador that was a consequence of an investor-state arbitration in the Chevron case (both arbitrations pursuant to the US-Ecuador Bilateral Investment Treaty (BIT)). The questions inter alia were whether a dispute between the US and Ecuador existed at all and whether silence on behalf of the US alone could create a positive opposition in order to determine the existence of a dispute. However, one of the most important issues in the case was an alleged attempt by Ecuador to re-litigate the arbitral award of the Chevron case, and, if that were possible, to create an appellate jurisdiction of the state-to-state arbitral tribunal. This kind of jurisdiction would be contrary to the BIT`s object and purpose and would risk destabilizing the
international adjudicatory system. The arbitral tribunal resolved the dispute on 29 September 2012. However, as the award is not available to the public, the outcome is unknown. After evaluating the arguments, it must be noted that each argument raises doubts and the solution to this case is not straightforward. However, the arguments presented by the US, especially the policy arguments connected with investment law and arbitration principles such as depoliticization, seem to be more convincing.

Download PDF: State_to_State_Marcin_Orecki_10_02_201 (750 kb)

 

* LL.M. candidate (Geneva LL.M. in Int’l Dispute Settlement [MIDS], 2013); MA in Law (2012, University of Warsaw). I would like to thank Mr. Michele Potestà and Ms. Elizabeth Boomer for comments on an earlier draft of this paper.

“International Commercial Arbitral Awards: Moving from Secrecy towards Transparency?”

by M. Florencia Villaggi

A large portion of International Commercial Arbitral Awards in different jurisdictions are unpublished. The public only has access to them when they are challenged in a judicial court. The majority of arbitration users highly value the confidentiality of the awards, but at the same time there are substantial benefits from its public disclosure.

This essay focuses on whether it would be beneficial to promote the publication of International Commercial Awards; and if it is the case, how such publication could be conducted in order to reconcile it with the user’s expectations of confidentiality. When confidentiality is not specified in the arbitration agreement, its existence and scope varies in light of the different standards that may regulate it. Therefore, the essay starts by analysing the treatment given to the issue in institutional arbitration rules, domestic legislation and case law. It continues to discuss the arguments both pro and against mass publication of International Commercial Awards. And lastly, it concludes that an increase in publication of awards is desirable, but it should not be achieved through the expense of completely depriving arbitration users of their confidentiality. The author therefore proposes a compromising solution to reconcile both interests at stake, by the implementation of a mechanism that would promote publication of International Commercial Awards with minimal impact on the parties’ confidentiality expectations. Publication of arbitral awards in the proposed way could bring greater transparency to the system, strengthen the fairness and quality of arbitrators, proceedings and awards, and contribute to the development and evolution of arbitration.

Download PDF: Villaggi-confidentiality-vs-publication-of-awards-edited05_01_13.pdf (378 kb)

Is the Legitimacy Crisis in the Eye of the Beholder?

by SANTIAGO GARCES JARAMILLO

Essay presented on the Topic: “How Do We Design for Legitimacy?” for The University of Miami School of Law and Young ICCA full-tuition scholarship competition.
March 2012

This essay examines the current state of affairs regarding Ecuador’s challenge to the legitimacy of the international investment arbitration system following the tension created by the Lago Agrio domestic litigation and the related international arbitration under the US-Ecuador BIT. The essay reflects on Ecuador’s precise submissions to the legitimacy debate while providing support for the literature in the defense of the current system of investor-state arbitration. After analyzing the detailed reasons for Ecuador’s current critique; and finding them to respond mostly to endogenous factors related to the country’s new mandates under the 2008 Constitution, this essay attempts to provide a design for legitimacy through treaty drafting and negotiation for the Country’s future participation in the international investment arbitration scenario.

 

Download PDF: SGJ_Legitimacy_Essay.pdf (253 kb)