a conference presented by the iba arbitration …...michelangelo cicogna studio legale de berti...

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Headline conference sponsors A conference presented by the IBA Arbitration Committee, supported by the IBA European Regional Forum 20th Annual IBA International Arbitration Day Burden and standard of proof in international arbitration and related proceedings 30–31 March 2017, Milan Marriott Hotel, Milan, Italy Topics will include • Communication of evidence in parallel proceedings • Burden of proof and production of documents – Redfern schedules, adverse inferences, privilege issues. Is this system really working? • Burden of proof and fact and expert witnesses – are they really helpful? • The role of the Tribunal in the assessment of the burden proof, ‘inquisitorial’ v ‘adversarial’ arbitrators Follow us @IBAevents #IBAArb REGISTER BEFORE 17 FEBRUARY 2017 TO RECEIVE EARLY REGISTRATION DISCOUNTS Young Practitioners’ Symposium Thursday 30 March, Milan Marriott Hotel, Milan, Italy A symposium co-presented by the IBA Arb40 Subcommittee and the Young International Arbitration Group (YIAG) The IBA Arb40 and YIAG will be holding a half-day symposium on the afternoon of 30 March 2016. This event will be interactive and follow an open forum format. Delegates will be requested to submit topics for discussion in advance. BOOK NOW AT WWW.IBANET.ORG/ CONFERENCES/ CONF759.ASPX UP TO 6¼ CPD HOURS AVAILABLE*

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Page 1: A conference presented by the IBA Arbitration …...Michelangelo Cicogna Studio Legale De Berti Jacchia Franchini Forlani, Milan GianBattista Origoni how much is too much or too little;

Headline conference sponsors

A conference presented by the IBA Arbitration Committee, supported by the IBA European Regional Forum

20th Annual IBA International Arbitration DayBurden and standard of proof in international arbitration and related proceedings

30–31 March 2017, Milan Marriott Hotel, Milan, Italy

Topics will include

• Communication of evidence in parallel proceedings

• Burden of proof and production of documents – Redfern schedules, adverse inferences, privilege issues. Is this system really working?

• Burden of proof and fact and expert witnesses – are they really helpful?

• The role of the Tribunal in the assessment of the burden proof, ‘inquisitorial’ v ‘adversarial’ arbitrators

Follow us

@IBAevents

#IBAArb

REGISTER BEFORE 17 FEBRUARY

2017 TO RECEIVE EARLY REGISTRATION

DISCOUNTS

Young Practitioners’ SymposiumThursday 30 March, Milan Marriott Hotel, Milan, Italy

A symposium co-presented by the IBA Arb40 Subcommittee and the Young International

Arbitration Group (YIAG)

The IBA Arb40 and YIAG will be holding a half-day symposium on the afternoon of 30 March 2016. This event will be interactive and follow an open forum format. Delegates will be requested to submit topics for discussion in advance.

BOOK NOW AT WWW.IBANET.ORG/

CONFERENCES/CONF759.ASPX

UP TO 6¼ CPD HOURS AVAILABLE*

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ProgrammeConference Co-ChairsDavid Arias Arias, Madrid; Co-Chair, IBA Arbitration CommitteeAnne Véronique Schlaepfer White & Case, Geneva

Local Host Committee

Co-Chairs Stefano Azzali Chamber of Arbitration of Milan, MilanLuca G Radicati di Brozolo ARBLIT Radicati di Brozolo Sabatini Benedettelli, Milan

CommitteeAngelo Anglani Nctm Studio Legale, MilanAndrea Carlevaris Secretary General, ICC Court of Arbitration, ParisCecilia Carrara Legance Avvocati Associati, RomeMichelangelo Cicogna Studio Legale De Berti Jacchia Franchini Forlani, MilanGianBattista Origoni Gianni Origoni Grippo Cappelli & Partners, MilanAlberto Saravalle BonelliErede, Milan

Thursday 30 March

Headline social event sponsors Associate conference sponsor

1900 – 2100 Welcome ReceptionMuseo Nazionale Scienza e Tecnologia Leonardo da Vinci, Spazio Polene & Conte Biancamano Hall, Via San Vittore 21 20123 Milan

Built in the 1960s, the Air & Sea Transport Building is a particularly interesting part of the National Museum of Science and Technology. It contains the schooner EBE and the bridge of the transatlantic liner Conte Biancamano. On the upper floor there are models reconstructing the history of aviation, as well as 12 original aeroplanes, and a substantial collection of aeronautical motors.

This reception is open to all delegates and registered guests.Please indicate your attendance on the conference registration form or when registering online.

Friday 31 March

0730 – 1800 Registration

0800 – 0845 IBA Mediation Committee breakfast

Managing information and documents in mediation: best practices and common pitfallsRoberta Regazzoni project manager of RisolviOnline.com – the first Italian online dispute resolution platform and Michael McIlwrath, two unique profiles, well acquainted with both mediation and arbitration techniques, and prominently respected as Project Manager and the other as in-house Corporate Counsel, respectively will share their experiences of and expectations with respect to both mediators and lawyer’s assisting as mediation advocates, with a particular focus on managing information and exchanging document. All stages of the mediation process will be covered, from pre, in, up to post-mediation issues: preparing for mediation or for making an offer to mediate, drafting papers for maximizing impact; handling and sharing information. The following issues will be discussed: how much is too much or too little; what are the required, expected or desired levels of information sharing; how should confidentiality be managed; are there avoidable from both mediator and mediator advocate perspectives? In addition to the two in-house speakers, Jil Ahdab will also bring his private practice input to compare arbitration and mediation as far as sharing documents are concerned, but will also tell us about what the recent French law on ADR’s has to offer in that field.

ModeratorsJawad A Sarwana Abraham & Sarwana, Karachi; Co-Chair, IBA Mediation CommitteeAndrea Maia FindResolution, Rio de Janeiro; Senior Vice-Chair, IBA Mediation Committee

PanellistsRoberta Regazzoni Project Manager, RisolviOnline.com and the Milan Chamber of Arbitration, MilanMichael McIlwrath Global Chief Litigation Counsel, Litigation, Oil & Gas Division, General Electric Company, Florence Jalal El Ahdab (Jil Ahdab) Ginestié Magellan Paley-Vincent,Paris

e22 per person

Please indicate on the registration form if you wish to attend.

Places at the breakfast are limited.

0900 – 0915 Opening remarksDavid Arias

CMS_LawTax_CMYK_from101.eps

Continuing Professional Development/Continuing Legal Education

*The number of CPD/CLE hours available may vary depending on the rules applied by the members’ bar association/law society on time recording criteria.

For conference delegates from jurisdictions where CPD/CLE is mandatory, the IBA will provide a Certificate of Attendance for the conference. Subject to CPD/CLE requirements, this can be used by conference delegates to obtain the relevant number of hours’ accreditation.

A CPD/CLE Certificate of Attendance is available to conference delegates on request. Please ask at the IBA conference registration desk for information on how to obtain the certificate.

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Conference luncheon sponsorsAssociate conference sponsor

0915 – 1100 SESSION ONE

Communication of evidence in parallel proceedings• To what extent may evidence gathered in one proceeding (arbitral or

state proceedings before a court or a regulatory authority) be used in another one?

• Use of international judicial assistance treaties, limitations that arise from them, use of evidence gathered in criminal proceedings; contractual limitations to the use of evidence, remedies in the event of a breach.

Moderator Stefano Azzali

Speakers Antonias Dimolitsa Dimolitsa & Associates, Athens Luca Radicati di Brozolo José Ricardo Feris Deputy Secretary General, ICC, ParisAnne-Véronique Schlaepfer

1100 – 1130 Coffee/tea break

1130 – 1300 SESSION TWO

Burden of proof and production of documents: Redfern schedules, adverse inferences, privilege issues. Is this system really working?An analysis of the current mainstream system of document production in international arbitration and suggestions regarding the possibility of improving it. • Have Redfern schedules got out of control? • Are there ways to limit excesses effectively? • Do arbitral tribunals actually make adverse inferences? • How can privilege work in international arbitration with so many

different legal systems involved, each of them with its own approach of the issue?

Moderator Julie Bédard Skadden Arps Slate Meagher & Flom, Rio de Janeiro; Senior Vice-Chair, IBA Arbitration Committee

SpeakersKevin Kim Bae Kim & Lee, Seoul Sophie Lamb Latham & Watkins, LondonPierre Mayer Pierre Mayer, Paris Constantine Partasides QC Three Crowns, London

1300 – 1430 Lunch

1430 – 1600 SESSION THREE

Burden of proof and fact and expert witnesses – are they really helpful?How much weight should arbitral tribunals give to fact and expert witnesses’ evidence? This session will analyse whether a party’s burden of proof can be effectively discharged through the use of such witnesses. • Do arbitral tribunals trust witnesses more than State courts? If so, why? • Do arbitral tribunals trust witnesses they have not heard at the hearing? • Can arbitral tribunals decide on the merits without expert reports? • Should we review the form in which witness evidence is presented?

ModeratorMichelangelo Cicogna De Berti Jacchia, Milan

SpeakersMarco Lorefice Edison, MilanNoiana Marigo Freshfields, New YorkWendy Miles QC Debevoise & Plimpton, London; Vice Chair, IBA Arbitration Committee Christophe Seraglini Betto Seraglini, Paris Alvin Yeo Wong Partnership, Singapore

1600 – 1630 Coffee/tea break

1630 – 1800 SESSION FOUR

The role of the Tribunal in the assessment of the burden proof, ‘inquisitorial’ v ‘adversarial’ arbitrators • How proactive should an arbitral tribunal be in the search of the truth? • Is there a convergence of approaches in international arbitration? • Does the arbitral tribunal need to do the parties’ homework or should it

simply apply rules of burden of proof?

ModeratorLaurence Shore Herbert Smith Freehills, New York

Speakers Yves Derains Derains & Gharavi, ParisJudith Gill QC Allen & Overy, SingaporeHoracio Grigera Naón International Arbitrator, Washington DC

1800 – 1815 Closing remarksEduardo Silva Romero Dechert, Paris; Co-Chair, IBA Arbitration Committee

1815 – 1930 Closing ReceptionLe Baron, Marriott Hotel Milan

Friday continued

Conference refreshment break sponsorsConference reception sponsor

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InformationDate30–31 March 2017

VenueMilan Marriott HotelVia Washington 66 Milan 20146, ItalyTel: +39 (02) 48521Fax: +39 (02) 481 8925www.marriott.com/hotels/travel/milit-milan-marriott-hotel

LanguageAll working sessions and conference materials will be in English.

How to registerRegister online by 24 March 2017 at www.ibanet.org/conferences/conf759.aspx and make payment by credit card, to avail of the ten per cent online registration discount or complete the attached registration form and return it to Victoria Redcliffe at the IBA together with your payment. You should receive emailed confirmation of your registration within five days; if you do not then please contact Victoria Redcliffe at [email protected].

FeesOnline registrations received:

on or before until 17 February 24 March

IBA member €600 €705

IBA Corporate Group Member** €450 €530

Non-member* €755 €860

Young lawyers (under 30 years) €450 €860

Academics/judges (full-time) €450 €860

Public lawyers €450 €860

Corporate counsel €540 €860

IBA Mediation Committee breakfast €22 €22

Guest €100 €100

After 24 March registrations must be received in hard copy at the IBA office.

Hard copy registration forms and fees received:

on or before after 17 February 17 February

IBA member €665 €780

IBA Corporate Group Member** €500 €585

Non-member* €840 €955

Young lawyers (under 30 years) €500 €955

Academics/judges (full-time) €500 €955

Public lawyers €500 €955

Corporate counsel €600 €955

IBA Mediation Committee breakfast €22 €22

Guest €100 €100

* By paying the non-member fee, we welcome you as a delegate member of the IBA for the year in which this conference is held, which entitles you to the following benefits:

1) Password access to certain parts of the IBA website. 2) Receipt of IBA E-news and access to online versions of IBA Global Insight.3) Pay the member rate for any subsequent conference registrations for

this calendar year.** The IBA Corporate Group Member is a reduced rate offered to the in-house

legal department of international corporations. This rate is only applicable if your company has a corporate group membership with the IBA.

If you would like to become a full or general member of the IBA, which includes membership of one committee or more – and inclusion in and access to our membership directory – we encourage you to do so now in order to register for this conference at the member rate. Full details of how to join can be found at www.ibanet.org.

A reduced rate is offered to lawyers who are over the age of 65, have been an IBA member for more than 20 years and are no longer practising law.

Full payment must be received in order to process your registration.

Fees include:• Attendance at all working sessions• Conference materials, including any available speakers’ papers

submitted to the IBA before 24 March.• Access to the above conference working materials from the IBA website

(www.ibanet.org) approximately seven days prior to the conference• Access to mobile delegate search application available 6 weeks prior to

the Conference start date• Lunch on Friday• Tea and coffee during breaks• Invitation to welcome reception on Thursday 30 March• Invitation to closing reception on Friday 31 March

Please note that registrations are not transferable.

Guest fees include:• Invitation to welcome reception on Thursday 30 March• Invitation to closing reception on Friday 31 March

Exhibitors

argThe international journal of

commercial and treaty arbitration

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A guest must not be a member of the legal profession or seek to use the Conference as a business networking opportunity. Access to working sessions is not permitted for guests. Checks are made to ensure members of the legal profession are not registered as guests, if this is the case, registration will be refused unless the guest registers as a full delegate for the conference. Only registered guests (ie, those paying the guest fee) are eligible to participate in the social programme.

List of participantsIn order for your name to appear in the list of participants, which will be distributed at the conference, your registration form must be received by 24 March at the latest.

Mobile delegate search applicationAll registered delegates will receive a printed list of participants at the conference, however delegates are now also able to use the mobile delegate search. This application has been developed to aid networking by giving delegates instant access to an up-to-date list of their fellow attendees, and comes with the added benefit of a built-in messaging service. All registered delegates with an internet or Wi-Fi-enabled device will have access, using their IBA username and password. Simply visit:m.ibanet.org/conf759.

Registration confirmation All documentation regarding your attendance at the conference can now be obtained from the IBA website. Upon receipt of your payment for the conference a confirmation email will be sent containing instructions on how to download the documents. Registration confirmation will not be distributed by post.

Photography and filmingCertain sessions and/or social functions may be photographed and/or filmed and some of this content may be used for future IBA marketing materials, member communications, products or services. Should you have any concerns with regard to this, or do not wish to be featured in any of these materials please contact the IBA Marketing Department at [email protected].

Promotional literaturePlease note that no individual or organisation may display or distribute publicity material or other printed matter during the conference, unless by prior arrangement with the IBA. Organisations and companies wishing to discuss promotional opportunities should contact the IBA Sponsorship Department at [email protected].

Payment of registration feesEuro: by cheque or bank draft, drawn on a euro zone bank and converted at the current rate of exchange and in favour of the International Bar Association

OR by bank transfer to the IBA bank account number 550/00/06570631 (Sort Code 56-00-03) at the National Westminster Bank, St James’s & Piccadilly Branch, 208 Piccadilly, London W1A 2DG, United Kingdom or SWIFT address NWBKGB2L, IBAN GB58NWBK60721106570631. Please ensure that a copy of the bank transfer details is attached to your registration form.

Pounds sterling: by cheque drawn on a UK bank and in favour of the International Bar Association. Please send to: 4th Floor, 10 St Bride Street, London EC4A 4AD, United Kingdom.

OR by bank transfer to the IBA account number: 13270222 (Sort Code 56-00-03) at the National Westminster Bank, St James’s & Piccadilly Branch, 208 Piccadilly, London W1A 2DG, United Kingdom or SWIFT address NWBKGB2L, IBAN GB05NWBK56000313270222. Please ensure that a copy of the bank transfer details is attached to your registration form.

Use the exchange rate prevailing at the time of registration.

US dollars: by cheque converted at the current rate of exchange and drawn on a US bank and in favour of the International Bar Association. Please send to: 4th Floor, 10 St Bride Street, London EC4A 4AD, United Kingdom.

OR by bank transfer to the IBA account number: 01286498 (Sort Code 56-00-03) at the National Westminster Bank, St James’s & Piccadilly Branch, 208 Piccadilly, London W1A 2DG, United Kingdom. SWIFT address NWBKGB2L, IBAN GB55NWBK60730101286498. Please ensure that a copy of the bank transfer details is attached to your registration form.

Use the exchange rate prevailing at the time of registration.

Credit card payments: by Visa, MasterCard or American Express. No other cards are accepted.

PLEASE ENSURE THAT YOUR NAME AND ‘CON759MILAN’ APPEAR ON ANY TRANSFER OR DRAFT.

No deductions or withholdingsAll fees payable to us by you in accordance with the terms contained in this ‘Information’ section shall be paid free and clear of all deductions or withholdings whatsoever.

If any deductions or withholdings are required by law to be made from any fees payable to us by you under the terms contained in this ‘Information’ section you shall pay such sum as will, after the deduction or withholding has been made, leave us with the same amount as we would have been entitled to receive in the absence of any such requirement to make a deduction or withholding.

If we obtain the benefit of any tax credit or other relief by reference to any such deductions or withholdings, then we shall repay to you such amount as, after such repayment has been made, will leave us in no worse position than we would have been had no such deductions or withholdings been required.

Conference sell-outsThe IBA places its conference in venues of a suitable size for the event; however there are times when our conferences may sell out. Should this happen, prospective delegates will be informed and a waiting list will operate. The waiting list will function on a ‘first come, first served’ basis, subject to receiving registered delegate cancellations. The IBA will not be liable for any travel or accommodation expenses incurred by an individual who travels to the conference without a confirmed place at the event.

Cancellation of registrationIf cancellation is received in writing at the IBA office by 3 March, fees will be refunded less a 25 per cent administration charge. Refunds will be made minus any monies owed to the IBA.

We regret that no refunds can be made after this date. Registrations received after 3 March will not be eligible for any refund of registration fees.

Provided you have cancelled your registration to attend an IBA conference in accordance with the terms of the ‘cancellation of registration’ clause included in the ‘Information’ section of the relevant conference programme, you must then confirm to us in writing at the IBA office as soon as possible but in no event later than one year (12 calendar months) from the date of any such conference all necessary details to enable any reimbursement owed to you to be paid. We regret that no refunds will be made after the date that is one year (12 calendar months) after the date of the relevant conference.

Travel arrangements and visasParticipants are responsible for making their own travel arrangements. It is recommended that you check your visa requirements with your local embassy or consulate. We are unable to dispatch visa invitation letters to support your visa application prior to receipt of your registration form and full payment of registration fees.

Please apply for your visa in good time.

Exhibitors

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Hotel accommodationA limited number of rooms have been reserved at the Milan Marriott Hotel for the nights of 30-31 March:

Milan Marriott HotelVia Washington 66 Milan 20146 ItalyTel: +39 (02) 48521Fax: +39 (02) 481 8925www.marriott.com/hotels/travel/milit-milan-marriott-hotel

The following rates are per room, per night and inclusive of buffet breakfast and VAT but excluding city tax.

Single room: €135Double room: €155

Reservations should be made via the hotel web link cwp.marriott.com/milit/ibaarbitrationday2017. The hotel requires a credit card number to secure your reservation.

Unauthorised Accommodation AgentsIt has been brought to our attention that there are multiple companies contacting past attendees, claiming to represent the IBA, offering ‘assistance’ with registration and hotel bookings.

They are operating by cold-calling and spamming companies whose names have appeared on previous List of Participants, Programmes and Sponsorship recognition. The only Accommodation Agent the IBA works with is Judy Lane ICS. Judy Lane ICS do not contact delegates on behalf of the IBA without delegates making initial contact. Please ignore any communication that does not come directly from the IBA or Judy Lane ICS.

Cancellation and no-show policyAccommodation cancellations may be made with the venue without charge up until 7 days prior to the arrival date.

Please note that in the event of any cancellations or no-shows, rooms will be charged to the individual guest’s credit card given at the time of booking.

Please note that any reservation made after 3 March will be subject to availability and cannot be guaranteed at the special IBA rate.As a limited number of rooms have been blocked at the hotel, availability cannot be guaranteed once the room block is full.

Delegates are responsible for making accommodation reservations directly with the hotel and entering into an agreement with the hotel regarding credit card guarantees, cancellation terms and conditions, and room rates (should these differ from the special IBA rate). The IBA cannot accept responsibility for hotel accommodation disputes between a delegate and the hotel.

Disabled accessThe Hotel is wheelchair accessible. Please notify us if you require special assistance.

The organisers may at any time, with or without giving notice, in their absolute discretion and without giving any reason, cancel or postpone the conference, change its venue or any of the other published particulars, or withdraw any invitation to attend. In any case, neither the organisers nor any of their officers, employees, agents, members or representatives shall be liable for any loss, liability, damage or expense suffered or incurred by any person, nor will they return any money paid to them in connection with the conference unless they are satisfied not only that the money in question remains under their control but also that the person who paid it has been unfairly prejudiced (as to which, decision shall be in their sole and unfettered discretion and, when announced, final and conclusive).

To receive details of all

advertising, exhibiting and

sponsorship opportunities

for the IBA Annual Conference

in Sydney email andrew.

[email protected]

• Gain up-to-date knowledge of the key developments in your area of law which you can put into practice straight away

• Access to the world’s best networking and business development event for lawyers – attracting over 6,000 individuals in 2016 representing over 2,700 law fi rms, corporations, governments and regulators from over 130 jurisdictions

• Build invaluable international connections with leading practitioners worldwide, enabling you to win more work and referrals

• Increase your profi le in the international legal world

• Hear from leading international fi gures, including offi cials from the government and multilateral institutions, general counsel and experts from across all practice areas and continents

• Acquire a greater knowledge of the role of law in society

• Be part of the debate on the future of the law

OFFICIAL CORPORATE SUPPORTER

T he 2017 IBA Annual Conference will be held in Sydney, Australia’s leading global city. Recognised internationally as a future-focused and innovative business centre, Sydney

provides headquarters for almost 40 per cent of the top 500 Australian corporations.

What will Sydney 2017 offer you?

To register, Visit: www.ibanet.org/Conferences/Sydney2017.aspx

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LAUNCH ICC REVISED RULES OF ARBITRATIONMilan, Italy 30 March 2017 (15:00 – 18:00)

VenueCamera Arbitrale di MilanoSala ConsiglioVia Meravigli 9/b, first floor20123, MilanItaly

HighlightsAmendments to the ICC Rules of Arbitration have been made with the aim of further increasing the efficiency and transparency of ICC arbitrations. The revised rules apply from 1 March 2017. They provide for expedited procedure rules for cases of lower value. The main changes will be introduced, with a strong focus on features of the expedited procedure including substantive and procedural aspects.

RegistrationThis event is free of charge. However, registration is compulsory. To register, please click here.

For more information, please contact [email protected]

Page 8: A conference presented by the IBA Arbitration …...Michelangelo Cicogna Studio Legale De Berti Jacchia Franchini Forlani, Milan GianBattista Origoni how much is too much or too little;

As part of its contribution to the development of arbitration best practice, the IBA Arbitration Committee organises symposia for the younger members of the arbitration community in co-operation with young practitioners’ groups. This event is co-hosted by the IBA Arb40 Subcommittee and the Young International Arbitration Group (YIAG). It will be co-chaired by the IBA Arb40 Co-Chairs Angeline Welsh, Matrix Chambers, London and Swee Yen Koh, WongPartnership, Singapore together with the YIAG Co-Chairs. The upper age limit for participation is 40 years old.

This symposium will be interactive and follow an open forum format. Delegates will be requested to submit topics for discussion in advance.

The cost of the symposium is e35 per person.

As there are a limited number of places at this symposium early registration is recommended.

Symposium venueMilan Marriott HotelVia Washington 66Milan 20146, ItalyTel: +39 (02) 48521Fax: +39 (02) 481 8925www.marriott.com/hotels/travel/milit-milan-marriott-hotel

Young Practitioners’ SymposiumA symposium co-presented by the IBA Arb40 Subcommittee and the Young International Arbitration Group (YIAG).

Thursday 30 March

1330 – 1800 Registration

1400 – 1405 Welcome and introductionAngeline Welsh Matrix Chambers, London; Co-Chair, IBA Arb40 Subcommittee

1405 – 1435 Keynote speech and Q&AAnne Véronique Schlaepfer White & Case, Geneva

1435 – 1605 Working session A

ModeratorsAmani Khalifa Khalifa Associates, CairoTsegaye Laurendeau Shearman & Sterling, London Benjamin Lissner CMS Hasche Sigle, CologneAnna-Maria Tamminen Hannes Snellman Attorney’s, Helsinki; Co-chair Young International Arbitration Group (YIAG)

1605 – 1630 Coffee/tea break

1630 – 1800 Working session B

ModeratorsRuth Byrne King & Spalding, London; Co-chair Young International Arbitration Group (YIAG)Catherine Kunz Lalive, GenevaPatrick W Pearsall Chief of Investment Arbitration, US Department of State, Washington DCGiacomo Rojas Elgueta Studio Legale Rubini, Milan, Co-Chair of ARBIT

1800 – 1805 Closing remarksSwee Yen Koh Wong Partnership, Singapore; Co-Chair IBA Arb40 Subcommittee

1900 – 2100 Welcome ReceptionMuseo Nazionale Scienza e Tecnologia Leonardo da VinciSpazio Polene & Conte Biancamano HallVia San Vittore 2120123 Milan

This reception is open to all delegates. Please indicate your attendance on the conference registration form or when registering online.

Registration for the symposiumRegister online by 23 March 2017 at www.ibanet.org/conferences/conf818.aspx and make payment by credit card. Credit card payments: by Visa, MasterCard or American Express No other cards are accepted. If you have any queries regarding registration, please contact Victoria Redcliffe at [email protected].

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Saturday 1 April 2017

Hosted and sponsored by DLA Piper

Italy Milan

If you require any further information, please contact the LCIA Tel: +44 (0) 20 7936 6200 Fax: +44 (0) 20 7936 6233 Em: [email protected] Web: www.lcia.org

LCIA SYMPOSIUM ON INTERNATIONAL COMMERCIAL ARBITRATION A one day symposium organised by the LCIA European Users’ Council

Introduction and Format

Symposium Sponsor

The London Court of International Arbitration (LCIA) is one of the world’s premier international arbitration institutions, renowned not only for its arbitration administration services but also for its conferences and symposia.

In the long established LCIA tradition, this symposium is designed to be interactive and to provide an opportunity for delegates to share news and views on developments in the field of international commercial arbitration and ADR. Delegates will be contacted before the symposium and invited to submit topics for discussion. On the day, delegates will be encouraged to participate in a free flowing discussion of the topics submitted and current issues of key interest in the field, under the expert guidance of well-known co-Chairs.

Who Should Attend?

Arbitrators, in-house counsel, practitioners, academics and members of the local and international business community interested in, and affected by, current developments and best practice in the field of international arbitration.

Venues

Symposium DLA Piper Studio Legale Tributario Associato, Via della Posta 7, Milan

Reception and dinner Bulgari Hotel Milano, Via Privata Fratelli Gabba 7b, 20121 Milan (http://www.bulgarihotels.com/)

CPD/CLE

This symposium qualifies for up to 5 hours CPD/CLE. Following the event, the LCIA will be pleased to provide attendees a certificate of

attendance which, subject to the exact CPD/CLE requirements of the attendee's jurisdiction, may be used to obtain accreditation.

How to register

To register please complete and return the registration form or register online: www.lcia.org/Conferences/Conference_Schedule

As there are a limited number of places at the symposium, early registration is strongly recommended

Programme

0845 Registration 0925 Welcome 0930 Session A 1045 Coffee break 1115 Session B 1230 Lunch 1415 Session C 1530 Coffee break

1600 Session D 1715 Closing remarks 1930 Reception 2030 Dinner

Registration fees start at €500 and cover: the working sessions symposium documentation coffee breaks lunch drinks reception There will be an additional charge of €155 to attend the dinner Delegates are also welcome to bring a guest to the reception and dinner, for which an additional €155 is payable.

Please note there are a limited number of places at both the symposium and the dinner.

Early bird rates are available until 17 February 2017.

Registration fees

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please return your completed form by email to

E: [email protected] LCIA REGISTRATION FORM

Symposium on International Commercial Arbitration Saturday 1 April 2017 - DLA Piper Studio Legale, Milan and Bulgari Hotel Milano

PLEASE COMPLETE IN BLOCK CAPITALS

Family name: Given name:

Title (e.g. Prof/Dr/Mr/Ms): Suffix:

Firm/organisation:

Address:

Tel: Mobile (for LCIA office use only):

Email:

Special dietary requirements:

REGISTRATION FEES (*EARLY BIRD RATES VALID UNTIL 17 FEBRUARY 2017) Cost per person Selection

EARLY BIRD DELEGATE FEE* - IBA/LCIA Users’ Council Member ( IBA membership no. __________________ ) €500

EARLY BIRD DELEGATE FEE* - Non-Member €620

Delegate fee - IBA/LCIA Users’ Council Member ( IBA membership no. _____________________ ) €620

Delegate fee - Non-Member €740

RECEPTION at Bulgari Hotel Milano

Tick the box if you are planning to attend the reception

no additional charge

DINNER at Bulgari Hotel Milano The number of spaces at the dinner is limited and places will be allocated on a first come first served basis.

I would like to attend the dinner €155

I will be accompanied at the reception and dinner by:

______________________________________________________

€155

TOTAL AMOUNT PAYABLE

PAYMENT METHODS

N.B. PAYMENT IS DUE ON RECEIPT OF CONFIRMATION EMAIL.

Bank transfer Please instruct your bank to make the transfer ‘free of charges to the LCIA’ and to quote your name and ‘Milan 2017’.

Please send a copy of the transaction details with your registration form.

Account Name: London Court of International Arbitration IBAN Account No: GB48MIDL40062931146866 Swift Code: MIDLGB22 Account No: 31146866 Sort code: 40-06-29 Bank: HSBC, Fleet Street Branch 165 Fleet Street, London EC4A 2DY

Credit card

We will email you a link to online credit card payment.

Signature:

Date:

CANCELLATION POLICY: We take receipt of your signed registration form as your commitment to attend this symposium in Milan. If you do need to cancel, for any reason, the LCIA must be notified in writing. If written cancellation is received at the LCIA office by 11 March 2017, the registration fee will be refunded less a 50% administration charge. We regret that no refunds can be made after this date.

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Registration form20th Annual IBA International Arbitration DayBurden and standard of proof in international arbitration and related proceedings

30–31 March 2017, Milan Marriott Hotel, Milan, Italy

Please read the ‘Information’ section before completing this form and return it together with your payment to Victoria Redcliffe at the address overleaf.

Personal details (Please attach your business card or write in block capitals)

Title _____________ Given name _________________________________________ Family name _________________________________________________

Name and country to be shown on badge (if different from above) _________________________________________________________________________

IBA membership number (if applicable) __________________________________________________________Date of birth ___________________________

Firm/company/organisation ___________________________________________________________________________________________________________

Address ____________________________________________________________________________________________________________________________

___________________________________________________________________________________________________________________________________

Tel ___________________________________________________________ Fax _________________________________________________________________

Email ______________________________________________________________________________________________________________________________

Guest name ________________________________________________________________________________________________________________________ Guests are not entitled to attend the working sessions. No member of the legal profession may be registered as a guest.

Special dietary requirements __________________________________________________________________________________________________________

TO OBTAIN A TEN PER CENT DISCOUNT ON THE FEES BELOW, PLEASE REGISTER BY 24 MARCH AT WWW.IBANET.ORG/CONFERENCES/CONF759.ASPX

IBA MEMBERS CAN REGISTER ONLINE BY 17 FEBRUARY FOR €600. PLEASE SEE ‘INFORMATION’ FOR FURTHER ONLINE REGISTRATION DETAILS.

Hard copy registration forms and fees received: on or before 17 February after 17 February amount payable

IBA member €665 €780 €

IBA Corporate Group Member** €500 €585 €

Non-member* €840 €955 €

Young lawyers (under 30 years) €500 €955 €

Academics/judges (full-time) €500 €955 €

Public lawyers €500 €955 €

Corporate counsel €600 €955 €

IBA Mediation Committee breakfast €22 €22 €

Guest €100 €100 € Guests are not entitled to attend the working sessions. No member of the legal profession may be registered as a guest.

Social function

Thursday 30 March, Welcome reception Number of tickets __________ NIL One place at the Welcome Reception for each delegate and registered guest is permitted.

TOTAL AMOUNT PAYABLE €

A REDUCED RATE IS OFFERED TO LAWYERS WHO ARE OVER THE AGE OF 65, HAVE BEEN AN IBA MEMBER FOR MORE THAN 20 YEARS AND ARE NO LONGER PRACTISING LAW. PLEASE CONTACT THE IBA OFFICE FOR FURTHER INFORMATION.

**JOIN THE IBA TODAY AND REGISTER FOR THIS CONFERENCE AT THE IBA MEMBER RATE. PLEASE FIND THE MEMBERSHIP APPLICATION FORM AT WWW.IBANET.ORG.

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IBA listings are provided to relevant third parties for marketing purposes. The IBA will treat your personal information with the utmost respect and in accordance with UK

data privacy laws.

If you are agreeable to passing on your details, please tick this box

If you do not wish to receive IBA information and materials, please tick this box

Your details will however be included in the list of participants.

FULL PAYMENT MUST BE RECEIVED IN ORDER TO PROCESS YOUR REGISTRATION. PLEASE NOTE THAT REGISTRATIONS ARE NOT TRANSFERABLE.

Payment details

I enclose a cheque/bank draft made payable to the IBA for the total amount payable.

I have transferred to the IBA bank account the total amount payable and have attached a copy of the bank transfer details.

Please charge the total amount due to my (delete as appropriate) Visa/MasterCard/American Express. Other cards are not accepted.

Card number ______________________________________________________________ Start date _______________ Expiry date _______________________

Name of cardholder __________________________________________________________________________________________________________________

Signature _________________________________________________________________ Date _____________________________________________________

Where did you first hear about this conference?

IBA CONFERENCE OTHER CONFERENCE DIRECT MAIL INTERNET ADVERTISEMENT

EMAIL EDITORIAL RECOMMENDATION OTHER

Please provide further details, quoting code (if applicable)

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Please send the completed form to:

International Bar Association

Victoria Redcliffe

4th Floor, 10 St Bride Street, London EC4A 4AD, United Kingdom

Tel: +44 (0)20 7842 0090 Fax: +44 (0)20 7842 0091

Email: [email protected] www.ibanet.org

For office use only Payment ______________________ Banked _______________________Processed_____________

Advert space

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International Bar Associationthe global voice of the legal profession

The International Bar Association (IBA), established in 1947, is the world’s leading organisation of international legal practitioners, bar associations and law societies. The IBA influences the development of international law reform and shapes the future of the legal profession throughout the world. It has a membership of more than 80,000 individual legal professionals and 190 bar associations and law societies spanning all continents and has considerable expertise in providing assistance to the global legal community.

Grouped into two divisions – the Legal Practice Division and the Public and Professional Interest Division – the IBA covers all practice areas and professional interests, providing members with access to leading experts and up-to-date information. Through the various committees of the divisions, the IBA enables an interchange of information and views among its members as to laws, practices and professional responsibilities relating to the practice of law around the globe. Additionally, the IBA’s world-class conferences provide unrivalled professional development and network-building opportunities for international legal practitioners, senior business professionals, regulators and government officials.

The IBA’s Bar Issues Commission provides an invaluable forum for IBA member organisations to discuss all matters relating to law at an international level.

The IBA’s Human Rights Institute works across the Association to promote, protect and enforce human rights under a just rule of law, and to preserve the independence of the judiciary and the legal profession worldwide.

Other institutions established by the IBA include the Southern Africa Litigation Centre and the International Legal Assistance Consortium.

IBA Arbitration Committee overviewThe Arbitration Committee focuses on laws, practice and procedures relating to the arbitration of transnational disputes. Through its publications and conferences, the committee seeks to share information about international arbitration and promote its use and improve its effectiveness.

IBA Arb40 Subcommittee overviewFollowing the success of recent symposia hosted by the Arbitration Committee aimed at young practitioners coinciding with the annual IBA conference in Dublin and the Arbitration Day Conferences in Stockholm and Bogota, this initiative reflects the Arbitration Committee’s aim of engaging more actively with the younger members of the arbitration community. It is inspired by the success enjoyed by the IBA’s Young Lawyers Committee established in 2004 which has enabled young lawyers to join the association and become active and engaged in its various committees, groups and initiatives.

The Arb40 Subcommittee will leverage the wide reach of the Arbitration Committee’s membership to provide a platform for the younger members of the global arbitration community to meet, exchange ideas and learn from peers and more experienced practitioners. The Subcommittee will become one of the permanent subcommittees of the Arbitration Committee. In addition to organising symposia to coincide with the annual IBA and Arbitration Day conferences, the Arb40 subcommittee will enjoy a broad mandate to organise other standalone events and training seminars, establish task forces dealing with issues of specific interest to young practitioners, and to educate practitioners on the use of the IBA’s rules and guidelines.

European Regional Forum overviewThe European Regional Forum has been developing and strengthening the existence of the IBA within the whole of Europe by promoting the goals of the IBA to members, non-members and others, disseminating professional know-how, and assisting the committees and other constituencies of the IBA to increase their presence in different European regions, parts of North Africa and the Middle East.

The goals of the forum include addressing current and long-term needs of professional organisations and individual members within the geographical reach of the Forum, as well as increasing membership and participation in the IBA and integrating them within the organisation. The Forum will also facilitate cross-border activity between lawyers and bars in different European countries. The Forum has a particular focus on cross-disciplinary activities.

Contact informationInternational Bar Association 4th Floor, 10 St Bride Street, London EC4A 4AD, United KingdomTel: +44 (0)20 7842 0090 Fax: +44 (0)20 7842 0091 Email: [email protected] www.ibanet.org

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Find out more at www.Lexology.com/Navigator

Ready to become a thought leader?Showcase your expertise on Lexology NavigatorLexology Navigator is a powerful new research tool and content marketing solution that offers law firms the unique opportunity to supercharge their lead generation, business development and marketing strategies and engage with Lexology’s 300,000+ subscribers, including corporate counsel at the world’s leading companies and members of specialist law associations. Lexology Navigator: The Next Evolution in Legal Content Marketing

Page 15: A conference presented by the IBA Arbitration …...Michelangelo Cicogna Studio Legale De Berti Jacchia Franchini Forlani, Milan GianBattista Origoni how much is too much or too little;

Deep knowledgeDeloitte’s International Arbitration Team

Our team mixes world recognised experts with deep industry knowledge.

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Page 16: A conference presented by the IBA Arbitration …...Michelangelo Cicogna Studio Legale De Berti Jacchia Franchini Forlani, Milan GianBattista Origoni how much is too much or too little;

NERA: Bringing insight in economics and financial analysis to international arbitration For over half a century, NERA Economic Consulting experts have been central to client success in some of the world’s highest-profile disputes, regulatory proceedings, and business challenges. NERA’s international arbitration economic and accounting experts help clients through every stage of the arbitration process, providing specialised expertise in both commercial and investment treaty arbitrations. Our economists have testified in major arbitration venues around the world. With experts in more than 25 offices across Europe, Asia, and North America, NERA’s arbitration team can provide a strong local presence and native language capabilities that enable us to articulate the independent advice and expert testimony needed for successful outcomes across all arbitration venues.

Select International Arbitration Experts

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Economic and financial expertise.Unmatched experience.Worldwide.

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Dr. Fabrizio Hernández Energy & InfrastructureMadrid+34 91 521 0020

Marco Schönborn Energy & InfrastructureBerlin, Rome & London+49 30 700 1506 30

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Page 17: A conference presented by the IBA Arbitration …...Michelangelo Cicogna Studio Legale De Berti Jacchia Franchini Forlani, Milan GianBattista Origoni how much is too much or too little;

NERA: Bringing insight in economics and financial analysis to international arbitration For over half a century, NERA Economic Consulting experts have been central to client success in some of the world’s highest-profile disputes, regulatory proceedings, and business challenges. NERA’s international arbitration economic and accounting experts help clients through every stage of the arbitration process, providing specialised expertise in both commercial and investment treaty arbitrations. Our economists have testified in major arbitration venues around the world. With experts in more than 25 offices across Europe, Asia, and North America, NERA’s arbitration team can provide a strong local presence and native language capabilities that enable us to articulate the independent advice and expert testimony needed for successful outcomes across all arbitration venues.

Select International Arbitration Experts

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Economic and financial expertise.Unmatched experience.Worldwide.

Dr. Richard Hern Infrastructure & DamagesLondon & Berlin+44 20 7659 8582

Tomas Haug Energy & InfrastructureBerlin, Paris & London+49 30 700 1506 10

Antoinette Pincott Accounting & Damages London+44 7659 8576

Dr. Jeff D. MakholmEnergy & Infrastructure Boston+1 617 927 4540

Dr. Fabrizio Hernández Energy & InfrastructureMadrid+34 91 521 0020

Marco Schönborn Energy & InfrastructureBerlin, Rome & London+49 30 700 1506 30

Sean GammonsEnergy & Damages London+44 20 7659 8564

Dr. Chudozie Okongwu Securities & Finance London & New York+44 20 7659 8568

Page 18: A conference presented by the IBA Arbitration …...Michelangelo Cicogna Studio Legale De Berti Jacchia Franchini Forlani, Milan GianBattista Origoni how much is too much or too little;

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CMS is an international law firm that helps clients to thrive through technical rigour, strategic expertise and a deep focus on partnerships.

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Page 21: A conference presented by the IBA Arbitration …...Michelangelo Cicogna Studio Legale De Berti Jacchia Franchini Forlani, Milan GianBattista Origoni how much is too much or too little;

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CMS is an international law firm that helps clients to thrive through technical rigour, strategic expertise and a deep focus on partnerships.

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There are two sides to every dispute. Have proven experience on yours.

Dispute resolution relies on having a strong case in front of you – and an even stronger team at your side. CMS gives you the support of an international team of arbitration and sector specialists. Working with you every day. Working towards the right outcome every time.

Page 22: A conference presented by the IBA Arbitration …...Michelangelo Cicogna Studio Legale De Berti Jacchia Franchini Forlani, Milan GianBattista Origoni how much is too much or too little;

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Key international arbitration contacts:

Enyo Law is a leading disputes practice in London. Established in 2010, it is a dynamic team of highly experienced litigation and arbitration specialists, all of whom practised at leading international law firms.

Enyo Law’s international arbitration lawyers have a track record of successfully representing commercial clients, investors and states in proceedings under the rules of all the major arbitration institutions as well as in ad hoc cases. Our experience also includes court litigation in support of arbitration. Enyo Law is the natural choice for clients involved in matters that would present conflicts for major law firms arising from their transactional mandates.

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Page 24: A conference presented by the IBA Arbitration …...Michelangelo Cicogna Studio Legale De Berti Jacchia Franchini Forlani, Milan GianBattista Origoni how much is too much or too little;

Colin Johnson

Insight. Expertise. Global reach.

Whether you need advice on the merits of a claim or defence, or specialists at every stage of your case, we have the resources, knowledge and expertise to provide you with best in class dispute advisory services for international arbitration.

When faced with a dispute, you will require a team that can bring commercial, regulatory and accounting capability, be able to value assets and complex products, quantify losses and provide recommendations on addressing deficiencies.

Our sector coverage and geographical reach is substantial. We have over 120 people in our Forensic and Investigations team in the UK. Grant Thornton has a presence in 138 countries, and we have over 70 expert witnesses around the globe.

© 2017 Grant Thornton UK LLP. All rights reserved. Grant Thornton UK LLP is a member firm of Grant Thornton International Ltd (GTIL). GTIL and the member firms are not a worldwide partnership. Services are delivered by the member firms. GTIL and its member firms are not agents of, and do not obligate, one another and are not liable for one another’s acts or omissions. Please see grantthornton.co.uk for further details.

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To find out how we can help you, contact us today.

Nick AndrewsHead of Disputes, UKT +44 (20) 7865 2174 E [email protected]

Will DaviesHead of Forensic & Investigation Services, UKT +44 (20) 7865 2545E [email protected]

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www.iaiparis.com

INTERNATIONAL ARBITRATION INSTITUTE

Colin Johnson

Insight. Expertise. Global reach.

Whether you need advice on the merits of a claim or defence, or specialists at every stage of your case, we have the resources, knowledge and expertise to provide you with best in class dispute advisory services for international arbitration.

When faced with a dispute, you will require a team that can bring commercial, regulatory and accounting capability, be able to value assets and complex products, quantify losses and provide recommendations on addressing deficiencies.

Our sector coverage and geographical reach is substantial. We have over 120 people in our Forensic and Investigations team in the UK. Grant Thornton has a presence in 138 countries, and we have over 70 expert witnesses around the globe.

© 2017 Grant Thornton UK LLP. All rights reserved. Grant Thornton UK LLP is a member firm of Grant Thornton International Ltd (GTIL). GTIL and the member firms are not a worldwide partnership. Services are delivered by the member firms. GTIL and its member firms are not agents of, and do not obligate, one another and are not liable for one another’s acts or omissions. Please see grantthornton.co.uk for further details.

grantthornton.co.uk

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To find out how we can help you, contact us today.

Nick AndrewsHead of Disputes, UKT +44 (20) 7865 2174 E [email protected]

Will DaviesHead of Forensic & Investigation Services, UKT +44 (20) 7865 2545E [email protected]