Event Details:

• Date: 27 March 2025
• Venue: ICC HQ, 33-43 avenue du Président Wilson, 75116 Paris, France
• Time: 9:15 AM - 6:00 PM CET
• Free of charge
• Upon invitation only

How Do International Arbitrators Decide Disputes?

8.15 – 9.15 Registration and welcome coffee

9.15 – 9.30 Introduction to the Symposium

• Eduardo Silva Romero, Chair, ICC Institute of World Business Law; Ex-Officio member, Steering Committee, ICC Commission on Arbitration & ADR; Founding Partner, Wordstone, France

9.30 – 11.00 What is the impact, if any, of procedural matters on the way in which international arbitrators decide cases?

• May the adoption of a particular arbitral procedure affect the outcome of the case as decided by international arbitrators?
• Does the phase of document production (really) contribute to international arbitrators’ resolution of disputes?
• Is witness evidence determinative for the international arbitrators’ decisions?
• Are legal experts (really) helpful to international arbitrators? Do technical experts (really) contribute to the resolution of the dispute by international arbitrators? (Benefits of iura novit curia in the circumstances)

• Chiann Bao, Member, ICC Institute of World Business Law; Independent Arbitrator, Bao Arbitration Services, Singapore
• Teresa Giovannini, Emeritus Council Member, ICC Institute of World Business Law; Partner, Lalive, Switzerland
• Jacob Grierson, Council Member, ICC Institute of World Business Law; Founding Partner, Anima Dispute Resolution, France

Moderated by:

• Prof. Julian Lew, Emeritus Council Member, ICC Institute of World Business Law; Head of School of International Arbitration of Queen Mary University of London, United Kingdom

11.00 – 11.30 Coffee break

11.30– 13.00 What law, if any, do international arbitrators apply when adjudicating disputes?

• Is the national law applied by international arbitrators the same law applied by national courts?
• The application of transnational rules despite the parties’ choice to apply a national legal system
• The many ways in which international arbitrators apply equitable principles (equity) and principles of good faith despite the parties’ choice to apply a national legal system
• Investment treaties as an unfortunate means for correcting contracts governed by national law

• Yves Derains, Honorary Chair, ICC Institute of World Business Law; Founding Partner, Derains & Gharavi, France
• Loukas Mistelis FCIArrb, Clive M Schmitthoff Professor of Transnational Commercial Law and Arbitration, School of International Arbitration, Queen Mary University of London; Partner, International Arbitration, Clyde & Co LLP; United Kingdom
• Mélanie van Leeuwen, Ex-Officio member, ICC Institute of World Business Law; Chair, ICC Commission on Arbitration & ADR; Founding Partner, Vanguard International Dispute Resolution, France

Moderated by:

• Monique Sasson,  Partner, Delisasson, Italy

13.00 – 14.00 Lunch

14.00 – 15.30 What is the impact, if any, of geopolitical crises on the way in which international arbitrators adjudicate disputes?

• How do international sanctions affect the decisions by international arbitrators?
• Are international arbitrators entitled to change the seat of the arbitration chosen by the parties to preserve the validity of their award?
• What role, if any, should potential enforcement difficulties play in the international arbitrators’ decisions?
• Should international arbitrators consider granting relief different from damages in order to render their decisions more effective in current times?

• Laurence Shore, Council Member, ICC Institute of World Business Law; Partner, Seladore Legal, Italy
• Anne Véronique Schlaepfer, Partner, White & Case SA, Switzerland
• Fernando Mantilla-Serrano, Of Counsel, Latham & Watkins LLP, France

Moderated by:

• Norah Gallagher, Director of School of International Arbitration of Queen Mary University of London, United Kingdom

15.30 – 16.00 Coffee break

16.00 – 17.30 What impact, if any, does the participation of a State or a State entity have on the way in which international arbitrators adjudicate disputes?

• The impact of the State’s (and State entities’) jurisdictional and admissibility objections on the international arbitrators’ decisions on the merits of the case
• The impact of public interest and public policy on the international arbitrators’ decisions in cases involving a State or a State entity
• What role, if any, do corruption allegations play in international arbitrators’ decisions on cases involving States or State entities?
• What impact, if any, does the participation of States or State entities have on international arbitrators’ decisions on damages?

• Janet Walker CM, Member, ICC Institute of World Business Law; Distinguished Research Professor, Osgoode Hall Law School; Independent Arbitrator, Canada
• Philippe Pinsolle, Head of international arbitration for continental Europe,  Quinn Emanuel Urquhart & Sullivan LLP, Switzerland
• Zachary Douglas, Council Member, ICC Institute of World Business Law; Professor of International Law, Geneva Graduate Institute; Arbitrator, Three Verulam Buildings Barristers, Switzerland

Moderated by:

• Prof. Dr. Maxi Scherer, Professor of International Arbitration, School of International Arbitration of Queen Mary University of London; Co-founder, Arb Boutique, United Kingdom

17.30 – 18.00 Concluding remarks

• Prof. Julian Lew, Emeritus Council Member, ICC Institute of World Business Law; Head of School of International Arbitration of Queen Mary University of London, United Kingdom