International Arbitration: The Role of Law. Stockholm

May 22, 2014 International Arbitration: The Role of Law. 22 May 2014. Stockholm, Sweden 

Program

08:45-09:15 Registration and coffee

09:15-09:30 Welcoming Introduction

09:30-10:30 Session 1: What is the Appropriate Law?

Under most national arbitration laws and institutional rules, the Arbitral Tribunal shall apply the law it finds appropriate. What does this mean in practice? This issue will be discussed from the perspective of Swiss law, English law and Swedish law

Moderator: Emilia Lundberg

Speakers: Kaj Hobér, Pierre Karrer and Duncan Speller

10:30-11:00 Break

11:00-12:00 Session 2: Handling the Risks of Refused Enforcement

Corporate law, tax law, competition law, capital market legal provisions, environmental law, and laws protecting weaker parties (ex. agents) may affect the enforceability of an award if not considered. Should the arbitral tribunal take mandatory rules of the applicable law or other national legal systems with a close connection to the dispute into account when deciding the case? How would a national court reason in the same situation? Is there any difference? Is there any legal consequence of arbitral rules which state that the arbitral tribunal shall ensure that arbitral awards are enforceable?

Moderator: Michael Hellner

Speakers: Filip de Ly, Jeffrey Waincymer and Natalie Voser

12:00-13:00 Lunch

13:00-14:00 Session 3: Is the Law even relevant?

An arbitral award cannot be appealed on the merits, but does this mean that substantive law is not relevant to the outcome of the dispute? Shall arbitrators apply the law as argued by the parties or is it free to base the decision on fairness? Is there a difference between substantial and procedural law?

Moderator: Sophie Nappert

Speakers: James Hope and Stefan Kröll

14:00-14:30 Break

14:30-15:30 Session 4: Corporate Views on the Role of Law

When the arbitrators shall determine the applicable law – what process would parties like to see? Do you expect the arbitrators to master the applicable law? When deciding on the substance, do you expect the arbitral tribunal to apply the law as is or that they reach a reasonable outcome? Why?

Moderator: Johan Sidklev

Speakers: Abhijit Mukhopadhyay, Christina Blomkvist

15:30-16:00 Reseach expose

Sweden has currenly five PhD Candidates focusing on the law surrounding international arbitration, commercial as well as investment arbitration. Their research will be presented during this session.

Speakers: Linn Bergman, Joel Dahlquist

16:00-17:00 Session 5: Movements under the Surface

Increased demands, new players, and novel knowledge – is international arbitration experiencing a new wave of development? Are we prepared for change? We explore views on international arbitration as a market in need of increased professionalism and transparency in order to stay a preferred option for dispute resolution – and what measures that are needed to obtain that.

Moderator: Mark Kantor

Speakers: Tony Cole, Joshua Kanton, Philippe Pinsolle and Roman Zykov

17:00-17:10 Closing remarks

17:10- Reception

19:30-22:30 Dinner


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