International Chamber of Commerce in Belgium | ICC Belgium’s Post

Thomas Stouten and Ashleigh Brocchieri made the right move with Maarten Sturm and Fleur Potter: it is good to explain the workings of ICC arbitration to inhouse counsel at the Nederlands Genootschap van Bedrijfsjuristen. For Dutch inhouse counsel, two additional reference points may be useful: 1. A Dutch language guide to ICC arbitration which was prepared for ICC Netherlands by Annet van Hooft and myself. See https://lnkd.in/eAAbD7H8 ; and 2. Publications in the Dutch Journal on Arbitration (Tijdschrift voor Arbitrage) on the ICC Rules (TvA 2017/21) and on the ICC Note to the Parties and Tribunals (TvA 2018/3). Thomas also did a nice reference piece in TvA 2016/25). #arbitration

Reflecting on the insightful dialogues at the recent Weimar Triangle of Lawyers event in Warsaw, the 'rule of law' theme resonates even more profoundly given yesterday's general election results in Poland. The discussions during the event emphasized the judiciary's paramount role in safeguarding the rule of law and democracy, highlighting the risks it faces. Several countries, including Poland, France, Israel, and Germany, provided enlightening case studies. Additionally, the interplay between AI and the rule of law emerged as another central topic. As technological innovations continue to progress, it's vital for legal professionals to both embrace AI and ensure that AI adheres to legal and ethical standards. I had the honor of addressing this theme alongside Guillaume Avrin and Krzysztof Wojdylo. A particular sentiment that resonated with me was the duality of 'technology threatens the rule of law' and 'we need technology to save the rule of law.' Two key takeaways were: 1) to judiciously determine where automation should be implemented and 2) to pinpoint areas where computation could jeopardize the rule of law. The Polish general election underscores a pivotal message: the rule of law is more than just a theoretical construct; it's a vital pillar of society that demands our continual attention and care. Sending my best wishes to Poland! Bartłomiej Przymusiński prof. INP PAN dr hab. Maciej Taborowski Stefan von Raumer Roya Sangi Radosław Wiśniewski Theodore Christakis Dr. Theodoros Karathanasis #MIAI #ruleoflaw #Poland

ArbitralWomen members Licy Benzaquén Gonzalo, Maria Cecilia Blume, Andrea Espejo, Milagros Gomez Sanchez C., Caterina Miró Quesada Samanez, María del Carmen Padilla Ortega, and VALERIA LEVERATTO LANDAURO will speak at “II Congreso Arbanza: Una perspectiva del arbitraje con proyecciones a futuro” – “Arbanza Second Congress: A Forward-looking Perspective on Arbitration" on February 21–22, 2024, from 8:30 am to 6:30 pm (Day 1) and 9 am to 1 pm (Day 2) in Lima, Peru. Join them the Arbanza Second Congress where distinguished speakers will explore current and pertinent arbitration topics. Gain insights into the challenges and opportunities shaping the future of arbitration in the coming years. The speakersare proud to announce their participation in Panel 1 - Anti arbitration Injunction, Commercial Arbitration vs Investment Arbitration? (Caterina Miro Quesada), Panel 6 - Do's & Don'ts in expert interrogation (Andrea Espejo) and Panel 4, exclusively featuring ArbitralWomen members, whose discussion will revolve around the composition of arbitral tribunals and the deliberation process influencing arbitration decision-making. To register, email consultas.arbanza@arbanza.com or contact via WhatsApp at +51 938 604 220. If you are a member of #ArbitralWomen and will be speaking at an upcoming event, please complete and submit the Event Form at the following link: https://lnkd.in/gjhfqeBs. The event form must be submitted at least 14 days before the event to be promoted, and at least 21 days before the event if you seek use of the ArbitralWomen logo.

The Belgian Supreme Court (Cour de cassation, CC) has reversed its endorsement of a 1961 law that made exclusive distribution agreements for Belgium subject to Belgian law regardless of what the parties agreed. In 1979, the CC had interpreted this law as enabling the Belgian party to an exclusive distribution agreement to ignore an arbitration clause and take a dispute to the Belgian courts unless such clause too was subject to Belgian substantial law. The CC has now relied on Regulation (EC) No 593/2008 (‘Rome I’), pursuant to whose Article 3(1) a contract shall be governed by the law chosen by the parties. Article 9(1) excepts ‘[o]verriding mandatory provisions are provisions the respect for which is regarded as crucial by a country for safeguarding its public interests’. Yet the CC saw no margin for applying such exception to a private contract governing the distribution of (empty!) bottles. Sounds simple but the Belgian legal community is all shook up – one cinephile scholar, who predicted the whole thing years ago, even made a timely comparison to Oppenheimer’s ‘atomic bomb’. #arbitration #belgium #rome #oppenheimer #duralexsedlex

Schellenberg Wittmer International Arbitration Case Alert: This month, we report on one decision rendered by the Swiss Supreme Court: - Request for setting aside award containing no reasons issued by rabbinical arbitral tribunal denied Authors: Anya George and Géraldine Ineichen #arbitration #internationalarbitration #swisslawfirm #swisssupremecourt #supremecourt

🇩🇪🇮🇹🇬🇧 What do Germany (DE), Italy (IT) and the United Kingdom (UK) have in common? For sure their recent reforms of arbitration law (entered into force in IT last year, in the making in DE and UK). The German and UK Chapters of AIA-ArbIt-40 invite you to a cross-border webinar with Severa Azzarello (Ministero della Giustizia), Prof Loukas Mistelis FCIArb (Clyde & Co) and Dr. Nadine Lederer (Bundesministerium der Justiz) to discover more on their grounds, similarities and differences. Pauline Walde (Ashurst) and Jan L. Alessandrini, Ph.D. (Withersworldwide) will moderate the event, which is held in English and will include a Q&A session. 🗓 When: 22 February 2024 at 12:30-14:00 CET 🖥 Where: online ✏️Registration: write to uk@aia-arbit-40.org by 21 February 2024 to receive the link to the online meeting. See you/bis bald/a presto Camilla Gambarini Simone Gavioli Giammarco Rao Tessa Antonia Schrempf Dr Manuela Doughan Federico Parise Kuhnle Isabella Cannatà Larisa Babiy Anna Biasiolo Domenico Pauciulo Gregorio Pettazzi Anna Chiara Amato Francesco Di Girolamo Nicolò Minella Pietro Meineri Lorenzo Serafinelli Miriam Zari Federico Alberto Cabona #reforms #Italianarbitrationlaw #UKarbitrationlaw #Germanarbitrationlaw #internationalarbitration #disputesettlement #Schiedsgerichtsbarkeit #arbitrato

Some of you might remember that we at Kubas Kos Gałkowski (Angelika Ziarko, Tadeusz Zbiegień, and I) collected post-award cases data for 2020 from Polish courts and published statistics on Kluwer Arbitration Blog: https://lnkd.in/dhcPnadh Today, the Blog published our statistics for 2021-2022: https://lnkd.in/dyM9Dfhx In a nutshell: a. Poland is arbitration-friendly, with ca. 90% of awards surviving post-arbitration court proceedings; this is very important and, I believe, surprising for many! b. the number of new post-award cases and rendered court decisions is stable, c. still, institutional arbitration prevails in the Polish market. We will continue our research. Also, as with all our publications, all comments and suggestions are most welcome.

Av. Dr. #FloricaCiutacu: Conference “#Commercial #Arbitration, a Solution for the #Business Environment”https://lnkd.in/e2QqXCfS dr Florica Ciutacu, speaker at the Conference “Commercial Arbitration, a Solution for the Business Environment”, Court of Commercial Arbitration attached to the Chamber of Commerce and Industry of Bucharest, May 25, 2023, with Victor Marcusohn and Georgiana Petrea, collaborators. Topics of discussion: Choosing arbitration as an effective method of dispute resolution; Why appeal to […]Justice News247

The deliberation of the arbitral tribunal, whether it takes place at the outset of the arbitration or after the final hearing, is a very core element of the arbitration. The deliberation can be good or bad (Toby Landau KC), pathological or harmonious (Yves Derains), depending on the character not only of the chair but also of the co-arbitrators. The deliberations are not regulated by any soft laws, and I am happy with this - the cornerstone of good deliberations is simply the common sense of the chair and also of the wings, usually chosen by the parties. My own practice as chair and as co-arbitrator shows that pathological deliberations are fortunately rare - I would put it at less than 5% of cases. I do not know whether this is a rule - or whether this is my own personal influence on my fellow arbitrators 😊. In any case, the arbitrators have tools at their disposal to react to pathological deliberations. One of them is the possibility of authoring a dissenting opinion to the award, which can be used by an arbitrator as an instrument to express not only his/her own opinion on the merits, but also on any serious irregularity in the handling of the case, including pathologies in deliberations. By pathologies I mean, as proposed by Jesús Almoguera and discussed during the 38th ICC SIA QMUL Annual Joint Symposium, not only the actions of partisan arbitrators, but also the inactions of lazy arbitrators. There are voices that dissenting opinions can breach the confidentiality of deliberations, as suggested by the German court (OLG Frankfurt am Main, decision of 16 January 2020, 26 Sch 14/18). I strongly disagree with this stance, as I believe that issuing a dissenting opinion is one of the important rights of an arbitrator to ensure the integrity of the proceedings (see my earlier post https://lnkd.in/dkpEnipD). Thank you to the organizers: Sybille de Rosny-Schwebel, Katharine Usher Bernet, Eduardo Silva-Romero, Julian Lew QC, Dr Mary Mitsi, Belinda Johnston; my fantastic co-panellists: Georges Affaki, Hilary Heilbron KC, and Yves Derains and Eduardo Silva-Romero for truly inspiring discussions, and last but not least Stavros Brekoulakis for excellent moderating!

Last week, I had the pleasure to go back to Milan to attend the Camera Arbitrale di Milano's exceptional annual conference! The choice of the main topic, "The Colour of Money - Economics in Arbitration", proved out to foster insightful discussions about an issue that is not debated enough in arbitration: numbers. The discussions during the day cohesively navigated through issues such as the importance of identifying and quantifying damages from the outset of the case, to in-house perspectives on the economic considerations when deciding to go to arbitration. One particular presentation connecting statistic perspectives to the arbitration essential that is cause and effect was particularly fascinating (and I feel now compelled to carry with me the mantra "not all correlation is causation"!) The conference was also a great opportunity to catch up with friends as well as make new ones! My sincere appreciation to Camera Arbitrale di Milano and to Michelangelo Cicogna, who chaired the conference, for putting together such a great event. I will see you next year (although hopefully, also before that). #CAMannualconference #arbitration #internationalarbitration