Wednesday 25 March

ICC Institute Advanced Training on Complex Arbitrations: Focus on Procedural Issues

Programme

This training offers a comprehensive examination of procedural issues arising in arbitrations involving multiple contracts, multiple claims, and multiple parties.

Building on the Institute’s original training on complex arbitrations, this revamped programme has been specifically tailored to focus on procedural aspects, using the original mock case as basis for working group discussion. It also covers procedural issues related to parallel proceedings and res judicata in international arbitration, as well as core issues related to multi-party disputes.

The training will feature practical sessions designed to equip participants with effective tools for managing complex cases in a streamlined and cost-efficient manner. In addition, some key topics will include res judicata in international arbitration, procedural and practical considerations for consolidation and joinder under the ICC Arbitration Rules, and strategies for addressing the challenges posed by parallel proceedings. The programme also provides an in-depth analysis of the constitution of the arbitral tribunal in complex, multi-party disputes.

Participants will benefit from interactive case-based workshops and will have the opportunity to engage in discussions on emerging trends in international arbitration, with a particular focus on procedural issues in complex arbitrations. 

08.30 – 09.00: Registration & Welcome coffee 

09.00– 09.10: Welcome address, introduction and presentation of the training

09.10 – 09.40: Complex arbitration: What this means in terms of procedure?

Businesses today are more complex than ever, often involving multiple parties, different but related contracts, and cross-jurisdictional considerations. When a dispute arises, parties are faced with different choices as to which arbitration agreements to invoke, who to involve as parties to a prospective arbitration, and whether a non-signatory to the arbitration agreement should be brought into the arbitration. This session will discuss the particular issues that arise in arbitrations involving multiple contracts and multiple parties, and the tools available for managing disputes with claims, cross-claims and counterclaims in a streamlined and cost-efficient manner.

09.40 – 10.00: Q&A

10.00 – 10.30: Consolidation & joinder under the ICC Rules

Institutional arbitration rules have been particularly innovative when addressing the unique challenges raised in disputes involving multiple parties and multiple contracts. The ICC first introduced joinder and consolidation provisions into the ICC Arbitration Rules in 2012. These provisions were enhanced in the 2021 ICC Arbitration Rules, in order to address rising demand effective management of complex and sophisticated international disputes involving multiple parties and contracts. Representatives from the ICC Court will share their insights on how the ICC Court assesses applications for consolidation and joinder under the ICC Arbitration Rules, and highlight considerations for parties when deciding whether to make such applications to the ICC Court.

10.30 – 10.40: Q&A

10.40 – 11.10: Coffee break 

11.10 – 11.20: Introduction of case scenario

11.20 – 12.20: Working Groups discussing case scenario 

12.20 – 13.50: Lunch

13.50 – 14.20: Parallel proceedings

When the same dispute, or closely related disputes, are pursued in different fora (such as separate arbitrations, or in court and in arbitration), it raises the risk of conflicting decisions, and can consequently impact the success of any enforcement proceedings. This session considers the problems posed by parallel proceedings, what can be done to mitigate or avoid the problems that can arise.

14.20 – 14.30: Q&A

14.30 – 15.00: Res judicata in international arbitration

A tribunal’s decision on whether, and the extent, it is bound by an earlier decision or finding of another tribunal or court can have a significant impact on the outcome of the arbitration. This session explores the applicability of res judicata in international arbitration and the emerging trends in res judicata standards.

15.00 – 15.10: Q&A

15.10 – 15.30: Constituting a tribunal in a complex arbitration

Tribunal selection is frequently described as the most important step in the arbitration process. This session explores the process of selecting a tribunal in a complex arbitration, and the strategies that may be adopted to facilitate an effective resolution of the dispute.

15.30 – 15.40: Q&A

15.40 – 16.10: Coffee break

16.10 – 17.20: Working Groups discussing case scenario

17.20 – 17.30: Concluding Remarks