LATEST NEWS | OTHER NEWS  
   

The International Centre for ADR of the International Chamber of Commerce is pleased to invite you to the 6th International Mediation Conference which will take place on 10 November 2015 at ICC's Headquarters in Paris.

The Conference is a renowned annual event which offers a unique forum for more than 100 users of commercial mediation to exchange best practices and know-how. It provides an opportunity for company representatives to discuss techniques for effective conflict management, dispute avoidance, early dispute resolution and the efficient use of mediation.

This one-day event is attended by and especially tailored to the needs and interests of in-house counsel worldwide and it includes presentations, round table discussions and group exercises.

The title of this year’s Conference is “Effective Dispute Management for Better Business". The objective of the conference is to allow participants to build an action plan managing their disputes in a way that improves their business outcomes.

YAR is happy to inform that it is selected again as its sponsor.

Learn more here



4 new young Co-Chairs for the Under40 Board of APA


The Steering Committee of the under40 Board of the Portuguese Association of Arbitration (APA) has appointed four new members as Co-Chairs from 1 September onwards. António Júdice Moreira, Filipe Vaz Pinto, Pedro Sousa Uva and Sofia Ribeiro Mendes were the chosen young lawyers to join the Board.
António Júdice Moreira is a Lawyer at PLMJ and a member of its Arbitration team. Filipe Vaz Pinto works at MLGTS with the firm’s Litigation & Arbitration team, acting mainly in arbitral proceedings or judicial proceedings related to arbitration. Pedro Sousa Uva is a Lawyer at Miranda Correia Amendoeira & Associados and a member of the firm’s Litigation & Arbitration department. Finally, Sofia Ribeiro Mendes works at BMA Advogados and focuses in judicial and arbitral proceedings, as well as in legal advice in civil and commercial liability matters.
This Board was born on September 2011 and aims at including the younger associates of APA.

On 16 May 2013, YAR — Young Arbitration Review co-hosted the first ICC Young Arbitrators Forum (YAF) event in Portugal.

The topic of the Conference was “Arbitral Tribunals and State Courts – Partners or Competitors?” and included two panels composed of foreign and Portuguese arbitration practitioners,
amongst whom YAR was proud to include recognized authorities in international arbitration such as Steven Finizio and Dr. Stavros Brekoulakis, who require no introduction.

The event took place at the premises of the Portuguese Chamber of Commerce and Industry in Lisbon, where the main Portuguese Commercial Arbitration Centre sits, and was attended
by approximately 80 young lawyers, arbitrators and practitioners.



The first panel of the conference addressed the topic of Interim Relief in International arbitration. Gonçalo Malheiro, Partner at PBBR, Co-Founder and Director of YAR — Young
Arbitration Review, was the Moderator of this first Panel.

Sofia Martins, Counsel at Uria Menéndez— Proença de Carvalho, opened the proceedings and shared a brilliant international perspective on the concurrent powers between arbitral tribunals and state courts regarding interim measures. As Sofia concludes in the article based on her presentation at the Conference — which YAR publishes in this Edition —“In short,
state courts definitely play a key role in awarding interim relief in respect of arbitral proceedings. However, their function should be to complement and balance the merits of the arbitral proceedings.”

Steven Finizio followed Sofia Martins and enlightened the audience about the efficiency — or otherwise —of Emergency Arbitrator provisions contained in the rules of several leading
arbitral institutions for purposes of obtaining interim relief. As Steven Finizo explains, “Emergency Arbitrator procedures are now a feature of the AAA/ICDR, SCC, SIAC, ICC, Swiss Chambers, NAI, CANACO, ACICA, and HKIAC rules, with others likely to follow”.
Amongst the several issues to take into account when thinking about resorting to emergency arbitrators for interim relief, fees are something to consider: “The fees that must be paid by a party that seeks emergency relief can be substantial: the ICC Rules require an applicant to pay a US$40,000 fee (and the ICC Court may increase the amount); the SCC Rules require an applicant to pay a €15,000 fee (subject to the SCC Board’s authority to modify that amount).”

Later, Alejandro Lopez Ortiz, Counsel at Hogan Lovells International LLP, Madrid, approached the topic of enforcement and interim measures from two angles: on one hand, judicial
enforcement of interim measures issued by arbitrators; on the other hand, interim measures issued in enforcement proceedings. This presentation allowed the audience to gain a practical understanding of the raised issues.

The floor was then passed to Stamatios Tsetos, Partner at Leboulanger & Associés, Paris and ICC YAF Regional Coordinator, who provided the audience with a French flavor on the topic
of interim measures in international arbitration, specifically the interaction between National Courts and Arbitral Tribunals. Stamatios spoke about the overriding principles applicable to the intervention of the French Courts, both prior to the constitution of the Arbitral Tribunal and following the constitution of the Arbitral Tribunal. The presentation concluded with the idea that, under French law, the arbitrators have extensive powers related to interim relief while national courts maintain their supportive role. This conclusion is confirmed by the new French law provisions on domestic and international arbitration: article 1468 and 1469 of the French CPC.

Porfírio Moreira, Associate at Cardigos & Associados, closed the panel with interesting remarks on preliminary orders from a Portuguese Law perspective. Porfírio addressed the pros and cons of preliminary orders with reference to the UNCITRAL Model Law and specifically to the new articles of the Portuguese Law on voluntary arbitration. Porfirio made the following observation: “At a national level, various questions in connection with arbitral interim measures, and a fortiori with POs, remain unanswered, among which the crucial issue of whether contravening an interim measure (including a PO) delivered by an arbitral tribunal may qualify as a crime under the Portuguese jurisdiction.”

On the second panel, the four speakers dealt with the taking of evidence in international arbitration from several perspectives. Nuno Lousa, Counsel at Linklaters, Lisbon, moderated the panel.

Dr. Stavros Brekoulakis gave an insightful perspective on organizing arbitral proceedings, document production, fact and expert witnesses and cross-examination based on the results published on the “2012 International Arbitration Survey: Current and Preferred Practices in International Arbitration”, conducted by the School of International Arbitration at Queen
Mary University of London, which is the second empirical research project to have been sponsored by White & Case LLP.6 Amongst the many interesting results of the Survey, Dr.
Stavros Brekoulakis referred to the significant reliance of the arbitration community on the IBA Rules on the Taking of evidence (adopted in 60% of arbitrations, either as guidelines
(53%) or as binding rules (7%), according to the cited Survey).

This empirical perspective was followed by an interesting international perspective on written witness statements by Stavroula I. Angoura, Partner at Katsica, Samoladas, Associates and
Academic research assistant at the International Hellenic University. In her presentation, Stavroula commented, inter alia, on the use of affidavits and especially the use of written witness statements as a common practice in contemporary international commercial arbitration; on the admissibility of written statements under the LCIA Rules, WIPO Rules, UNCITRAL Rules and the IBA Rules on the Taking of Evidence; and on good practice and on advantages and disadvantages of written witness statements. Stavroula I. Angoura concluded her presentation with some interesting remarks on timings for submission of written statements.

The floor was then passed to Luis Guerrero, Partner at Dinamarco, Rossi, Beraldo & Bedalque, São Paulo, who focused on “Learning to deal with different Legal Systems. Taking of evidence in international commercial arbitration”, the topic of his presentation. Luis gave the audience both an international and a Brazilian approach to the subject, making reference to the typical features of common law and civil law countries which may mingle in the taking of evidence in international arbitration.

Pedro Sousa Uva, Associate at Miranda Correia Amendoeira & Associados, Co-Founder and Director of YAR – Young Arbitration Review, closed the second panel with the topic of State Court assistance in the Taking of Evidence under Portuguese Arbitration Law. After some preliminary remarks about party autonomy in the procedure applicable to arbitration and on evidence and collection of evidence under Portuguese Arbitration Law, Pedro addressed his topic in a practical perspective in order to answer to five main questions:
(i) Who may request the taking of evidence?; (ii) From whom may it be requested?; (iii) What exactly may be requested?; (iv) Where is the evidence produced?; and (v) What if the request
comes from parties in an arbitration seated outside Portugal?

YAR – Young Arbitration Review would like to thank the International Chamber of Commerce (ICC), the Portuguese Chamber of Commerce and Industry and our sponsors Uria
Menéndez – Proença de Carvalho; Wilmer Cutler Pickering Hale & Dorr LLP and PBBR law firm for their support.
YAR would also like to thank all the speakers at the Conference for their time and friendship, especially those coming from Brazil, London, Greece and Paris.

 

YAR: RUNNER-UP FOR THE CREATIVITY AWARD ON THE TENTH ANIVERSARY OF THE OGEMID AWARDS 2012

YAR - Young Arbitration Review was awarded second-place at the Creativity Award of the OGEMID AWARDS 2012 with 16,5% of the votes, along with Wilmer Cutler Pickering Hale and Dorr’s Scholar-in-Residence Program.

YAR was the only Portuguese project to be recognized at the OGEMID Awards amongst many solid and international candidates. This is a massive achievement that leaves us very proud of the work that we have done during the last 3 years.

Amongst the nominations for the Creativity Award, one finds the Government of Sudan / The Sudan People’s Liberation Movement/Army; International Institute for Sustainable Development (IISD); Dr. Michael Clancy (PhD thesis); Devashish Krishan (paper); Pedro J. Martinez-Fraga (paper); Proposal for an International Arbitrator Information Project; GAR; A Model Litigation Finance Contract; Abaclat and others vs. The Argentine Republic; UNCTAD Project on Dispute Settlement in Int’l Trade, Investment and Intellectual
Property; Vale Columbia Centre; IBA Investor-State Mediation Rules. (http://www.transnational-dispute-management.com/ogemidawards/).

We sincerely congratulate the winners and runners-up of the 4 categories and thank all those who voted
for YAR. You may find bellow all the results of the OGEMID Awards 2012:

1. THE RISING STARS AWARD
Winner: Paris Very Young Arbitration Practitioners: 45.1%
Runner-up: Eric Bergsten, the Vis Moot: 14.3%

2. THE DIVERSITY AWARD
Winner: Wilmer Cutler Pickering Hale and Dorr London’s Internship Program: 25.8%

Joint Runner-ups:
- Arbitral Women: 13.5%
- Young ICCA’s Mentoring Program: 13.5%

3. THE CREATIVITY AWARD
Winner: Jerusalem Arbitration Centre: 23.3%

Joint Runner-ups:
- Young Arbitration Review (Portugal): 16.5%
- Wilmer Cutler Pickering Hale and Dorr’s Scholar-in-Residence Program: 16.5%

4. MOST INFLUENTIAL AWARD
Winner: Abaclat and others v. The Argentine Republic, Decision on Jurisdiction and Admissibility, in tandem with the Dissenting Opinion of Professor Georges Abi-Saab: 38%
Runner-up: The Government of Sudan / The Sudan People’s Liberation Movement/Army (Abyei Arbitration): 17.2%




Save the Date! ICC Mediation Week 2013: 7 – 13 February

The next Mediation Week organised by the International Chamber of Commerce (ICC) will comprise the 4th ICC International Mediation Conference on 7 February 2013 and the 8th ICC International Commercial Mediation Competition from 8 – 13 February 2013.

4th ICC International Mediation Conference

The 4th ICC Mediation Conference is entitled “STAY IN CONTROL! Managing risks, time and costs of commercial disputes with smart ADR”.
The Conference will examine how in light of the current economic climate alternative and amicable dispute resolution (ADR) mechanisms can provide companies with greater control over the ever increasing costs and risks of dispute resolution processes.
As the first three editions of this international event, next year's Conference will showcase first-rate speakers from multinational companies positioned to provide real-world insight on dispute resolution and, in particular, settlement proceedings. The speakers will aim to provide practical advice and tested tools for improving dispute management.
The Conference is in particular tailored to the interests and needs of corporate representatives.
For registration information please click here .

8th ICC International Commercial Mediation Competition

The Competition is considered today to be one of the main educational events in international mediation. During the Competition university students face complex, international business problems, which they attempt to resolve by mediation conducted under the ICC Amicable Dispute Resolution (ADR) Rules. By participating in the Competition, students get the unique opportunity to exercise their negotiating and problem-solving skills in mock mediations guided by professional mediators. Further, they profit from the feedback they receive from the professional mediators who evaluate their performance.
Each year the Competition attracts teams from renowned law and business schools and features some of the world's leading mediators. For the 8th edition of the Competition in 2013, ICC expects over 60 university teams and about 120 professional mediators and corporate representatives from more than 40 countries. During the Competition, ICC also organizes various training sessions and social events which allow all participants to share their experience, know-how and best practices. Universally recognized for its important contribution to nurturing best practices in cross-border commercial mediation, the Competition enjoys the support of practitioners, academics, law firms and corporations worldwide .
For further information, please click here.

YAR – Young Arbitration Review was promoted at an event on current challenges to arbitration in emerging markets, on 8 October 2012, in London, organised by the ICC Young Arbitrators Forum (YAF), hosted by Clyde & Co LLP.

YAR – Young Arbitration Review will be also distributed in Milan, on another seminar organized by the ICC Young Arbitrators Forum on the powers of the Arbitral Tribunal to preserve the integrity of the proceedings; Ex-officio powers and iura novit curia; protection of confidentiality in arbitration proceedings and the ICC perspective.

We would like to thank the ICC Young Arbitrators Forum and Ms. Stavroula Angoura for their collaboration.


ICC CONFERENCE ON THE 2012 ICC ARBITRATION RULES

On February, 17 2012, ICC Portugal, ICC and Universidade Nova de Lisboa are organizing a Conference focused on the 2012 ICC Arbitration Rules. This Conference will be a major event in Portugal and, thus, the presence of a high number of lawyers, arbitrators, professors, as well as all those interested in international arbitration, is expected.

Said Conference will include the presence of Mr. John Beechey, President of the ICC International Court of Arbitration, and Mr. José Ricardo Féris, Assistant General-Secretary of the ICC International Court of Arbitration, who will contribute to the debate on the main aspects of the new ICC arbitration rules.

The Conference shall take place in the headquarters of ICC Portugal, in Lisbon . As usual, YAR – Young Arbitration Review will be present at the Conference.

For further information on the Conference, please contact Sara Castro by the following e-mail address: sara.castro@icc-portugal.com.


CONFERENCE “FRESH TOPICS ON ARBITRATION – FIRST REFLECTIONS ON THE LAW ON VOLUNTARY ARBITRATION”

On January, 6 2012, YAR will participate at the Conference “Fresh Topics on Arbitration – First reflections on the Law on Voluntary Arbitration” /“Fresh Topics sobre Arbitragem - Primeiras Reflexões sobre a nova LAV ”, which will take place in Lisbon.

Said conference is organized by the Young Arbitrator Group of the Portuguese Association of Arbitration (APA), which is the main association in Portugal focused in arbitration.  In this conference, several fresh topics of arbitration shall be discussed, notably the constitution of the arbitral tribunal and the statute of arbitrators, interim measures, new rules on arbitral proceedings, the challenge of the arbitral award and grounds for its annulment, amongst other subjects.

Pedro Sousa Uva, founder and director of YAR, shall be one of the speakers and will address the conference on the important topic of the constitution of the arbitral tribunal and the arbitrators on the new Portuguese Law on Voluntary Arbitration.

Some of YAR's subscribers will be present as speakers and it will be an opportunity to gather the main Portuguese young arbitrators and young lawyers.

We would like to thank Prof. Mariana França Gouveia and the Portuguese Association of Arbitration (APA) for the kind invitation to have YAR participating in said Conference.  


FIRST INTERNATIONAL ARBITRATION CONFERENCE OF COIMBRA - OCTOBER 2011

On October 20 th , 21 st and 22 nd , 2011, YAR – Young Arbitration Review will be present at the “I Encontro Internacional de Arbitragem de Coimbra ” (First International Arbitration Conference of Coimbra) held in the Portuguese city of the same name. This International Conference is a joint initiative of two reputable Portuguese lawyers with extensive experience in domestic and international arbitration, Mr. José Miguel Júdice and Mr. António Pinto Leite.

The purpose of this Conference is to be a forum for reflection on commercial and international arbitration essentially geared to Portuguese and Spanish-speaking venues and participants. The panels will be composed of well known Portuguese and Spanish speaking lawyers, professors and judges coming from a wide variety of jurisdictions including Portugal , Brazil , Angola and Spain.

On October 20 th , there will be a seminar for participants under forty. In this seminar, the topics of discussion will be the new ICC rules; fast-track arbitrations and the Lis Pendens and the Res Judicata in International Arbitration.

YAR – Young Arbitration Review will be pleased to provide copies of its October Edition to the participants at this event.

For further information please contact the organization in the following e-mail: encontrosarbitragemcoimbra@gmail.com


YAR'S PRESENCE IN BRAZIL

S. Paulo, SP

YAR – Young Arbitration Review has co-sponsored the conference held last July, 5 at the Law University of São Paulo, Brazil, on conflicts of domain names and the judicial and arbitration disputes that arise from such conflicts.
The speakers at the Conference are reputable professors of law teaching at the Law University of São Paulo.
This sponsorship confirms the policy followed by YAR to promote and participate actively in events related to arbitration, notably in new areas of law as it is the case of conflicts related with domain names.
We would like to thank Mr. Luis Guerrero, lawyer and professor of law at the University of São Paulo , for his contribution to promoting YAR in Brazil , where YAR has had an increasing presence.

Curitiba , Paraná

YAR – Young Arbitration Review has established a friendly cooperation with ARBITAC - Câmara de Mediação e Arbitragem da Associação Comercial do Paraná – an arbitration and mediation centre in Curitiba, Paraná.
On May, 17 2011, YAR was announced at ARBITAC 's website.
We would like to thank Renata Baglioli, from ARBITAC, for her support and presence in Lisbon .


YAR'S PRESENCE AT THE CEA -40, IN LISBON

YAR – Young Arbitration Review was present at the CEA -40 event of Club Español del Arbitraje, held by URÍA MENÉNDEZ - PROENÇA DE CARVALHO in Lisbon , on May, 23 2011.
This event had the participation of Fernando Mantilla-Serrano and Daniel Proença de Carvalho, who debated the proposed changes to the Portuguese law on voluntary arbitration.
YAR – Young Arbitration Review kindly distributed its first editions to the participants of the referred event.
We thank Sofia Martins from URÍA MENÉNDEZ - PROENÇA DE CARVALHO for her support and interest in YAR – Young Arbitration Review.


YAR'S PRESENCE IN LONDON

On June, 10 2011 YAR – Young Arbitration Review was present at the ICC YAF seminar – the Young Arbitration Forum of the International Chamber of Commerce – held at Eversheds LLP.
In such seminar, arbitration practitioners had the opportunity to be part of a debate on whether arbitral tribunals should or should not apply foreign mandatory laws. This subject was followed by a review of the application of foreign mandatory laws in international arbitration from the perspectives of common law jurisdictions,civil law jurisdictions and the ICC Court ofArbitration.
The panel was composed of authorities such as Stuart Dutson – Partner, Eversheds LLP, London, Audley Sheppard – Partner, Clifford Chance LLP, London, Ricky Diwan – Barrister, Essex Court Chambers, London, Jan-Heiner Nedden - Counsel, ICC Court of Arbitration, Paris and Marie Stoyanov – Associate, Freshfields Bruckhaus Deringer LLP, Paris.
YAR – Young Arbitration Review was distributed to the participants of the ICC YAF Seminar.
We thank Eversheds LLP for its support.

 
 

ADVERTISING