Med-MiD XIV

 

videoconference on

26 | Oct | 2020 

15:00 Central European Time (CET) 

Congrès International Annuel

– 

Annual International Conference

THE BURDEN OF PROOF ON INTERNATIONAL ARBITRATION

 

LA CHARGE DE LA PREUVE

DANS L’ARBITRAGE INTERNATIONAL

The European Center for Arbitration and Mediation and

 The The International School of Arbitration and Mediation for Europe, the Mediterranean and the Middle East

organise their

 

Annual International Conference

Med-Mid XIV

to be held by videoconference Zoom

 on 26 October 2020 at 15:00 CET

 

THE BURDEN OF PROOF

ON INTERNATIONAL ARBITRATION

 

 

PROGRAM

 

ORAL EVIDENCE

 

     Fact Witnesses,  Expert Witnesses,  Parties and  Witness Statement

 

Civil Law Approach

(Fabrizio Marrella, Professor, Venice)

 

Common law approach

(Sir Michael Burton, Former High Court Judge, Independent Arbitrator, London)

 

Discussion

 

*-*-*

 

THE APPLICABLE LAW

 

How to determine the applicable law

 

Effects of the civil procedural law on the taking of evidence

(Elie Kleiman, Jones Day, Paris)

 

Effects of the procedural common law on the taking of evidence

(George Bermann, Professor, New York)

 

Discussion

 

*-*-*

 

DISCLOSURE OF DOCUMENTS

 

Effects of only voluntary production of documents 

Forced discovery 

Its limits

 

Civil Law Approach

(Ercument Erdem, Professor Emeritus, Istanbul)

 

Common Law Approach

(Melanie Willems, Haynes Boone, London)

 

Discussion

 

*-*-*

 

THE ARBITRATOR’S AUTHORITY AS TO EVIDENCE

 

Role as Umpire 

Wider ex officio authority as to evidence

Limits and support from State Courts

 

Civil Law Approach

(José Carlos Fernandez Rozas, Professor, Madrid)

 

Common law approach

(John Fellas, Hughes Hubbard & Reed, New York)

 

Discussion

 

*-*-*

 

Conclusions

 

Le Centre Européen d’Arbitrage et de Médiation et

l’Ecole Internationale d’Arbitrage et de Médiation de la Méditerranée et du Moyen Orient

organisent leur


Congrès International Annuel

Med-Mid XIV

qui aura lieu par visioconférence Zoom

 le 26 octobre 2020 à 15h00 CET

 

LA CHARGE DE LA PREUVE

DANS L’ARBITRAGE INTERNATIONAL

 

  

PROGRAMME


LA PREUVE ORALE

 

Les témoins factuels, les sachants, les parties et les « witness statements »

 

La position en droit romano-civiliste

(Fabrizio Marrella, Professeur, Venise)

 

La position en common law

(Sir Michael Burton, Former High Court Judge, Arbitre independent, Londres)

 

Discussion

 

*-*-*

 

LA LOI APPLICABLE A LA PREUVE

 

Les critères pour déterminer la loi applicable

 

Le droit romano-civiliste

(Elie Kleiman, Jones Day, Paris)

 

La common law

(George Bermann, Professeur, New York)

 

Discussion

 

*-*-*

 

LA PRODUCTION DES PIECES

 

Effets d’une production simplement volontaire de pièces 

La production forcée d’éléments de preuve 

Le pouvoir d’injonction de l’arbitre

 

Le droit romano-civiliste

(Ercument Erdem, Professeur Emérite, Istanbul)

 

Le common law

(Melanie Willems, Haynes Boone, London)

 

Discussion

 

*-*-*

 

LES POUVOIRS DE L’ARBITRE INTERNATIONAL QUANT A LA PREUVE

 

Rôle de l’arbitre comme « Umpire » 

Pouvoirs ex officio de l’arbitre international quant à la preuve  

Appui à l’administration de la preuve de la justice étatique

 

La position du droit romano-civiliste

(José Carlos Fernandez Rozas, Professeur, Madrid)

 

La position en common law

(John Fellas, Hughes Hubbard & Reed, New York)

 

Discussion

 

*-*-*

 

Conclusions

Mauro Rubino Sammartano

Mauro Rubino-Sammartano , Chartered Arbitrator. is admitted to the Milan (Italy) and to the Paris (France) Bar and is an associate member, as an international arbitrator, of a set of barristers chambers in London, Littleton Chambers. He chairs the European Court of Arbitration, the International School of Arbitration and Mediation for Europe, te Mediterranean and the Middle East and the arbitration group of LawFed BRSA. He has launched the European Court of Arbitration’s Main Points and its Arbitrator’s Pledge, which characterize its approach to arbitration. He sits as an arbitrator, appears as counsel in arbitral proceedings and in court proceedings for challenges against awards. He has been a visiting professor at the Milan and Padua Universities and has chaired the Union Internationale des Avocats, the IBA’s International Construction Committee T, the IBA International Sales Committee and the IBA Mediation Committee. His main textbooks are International Arbitration : Law and Practice (3rd Edition, Juris 2014, 4 Edition in French, Larcier 2019), Il Diritto dell’Arbitrato, Cedam, 2010), and Appalti di Opere e Contratti di Servizi (Construction Law and Contracts for Services, Cedam 2006). His articles include A Continuous Search for New Horizons (ARIA 2012, Vol. 23, No. 2), The Arbitrator's Pledge Launched by the European Court of Arbitration (ARIA 2015, Vol. 26, No. 4) and A Second (Quasi-Perfect) Storm Also in Arbitration (JOIA, Vol. 34, 6, 2017).

Fabrizio Marella

Fabrizio Marrella, (LLD Université de Paris I Panthéon Sorbonne, LLD Bolonia University Law School, Diploma of The Hague Academy of International Law) is currently Full Professor of International Law at Cà Foscari University of Venice, Adjunct Professor at the University of Rome LUISS and Visiting Professor at Vanderbilt Law School (U.S.A.).In March 2019 he was Visiting Professor at the IHEI of the Université Paris II, Panthéon Assas. Over his academic career he has researched, taught and practiced International Law, International Business Law, International Arbitration, International Investment Law and Maritime Lawas well as Business and Human Rights. He haslectured in top Universities across the world (i.e. Harvard, Columbia, Vanderbilt, Paris II, Geneva, Moscow, CUPL Beijing, Hitotsubashi Tokyo) as well as for professional organisations. Prof. Marrella has also served as vice-Director of the Harvard University-Venice program where he has been teaching for many years a course on International Business Law.

Sir Michael Burton

Sir Michael Burton GBE Sir Michael Burton (until 2016 Mr Justice Burton) was appointed, after 14 years as a commercial QC, latterly head of Littleton Chambers, as a High Court Judge in 1998. As a High Court Judge of the Queen’s Bench Division for 18 years, he sat also in the Chancery Division and the Employment Appeal Tribunal, of which he was President from 2002 to 2005, and from 2006 regularly in the Commercial Court, where he continues to sit since ceasing to be a full time High Court Judge in 2016. In 2010 to 2011 he was Chairman of the High Court Judges Association. He was Treasurer of Gray’s Inn in 2012 and is a Bencher. He was Chairman of the Central Arbitration Committee (CAC) from April 2000 to November 2017 and was President of the Investigatory Powers Tribunal until 2018 (Vice-President 2000 to 2013). Since 2017 he has been Chairman of the Conduct and Disciplinary Tribunal of the Royal Institution of Chartered Surveyors. He sits as an arbitrator and mediator, and is a Fellow of the Chartered Institute of Arbitrators and President of the Forum for International Conciliation and Arbitration (FICA). He has since 2016 been a judge of the Commercial Court of Abu Dhabi (ADGM Courts). He was appointed in 2019 Knight Grand Cross of the Order of the British Empire for services to the rule of law.

Elie Kleiman

Elie Kleiman has 30 years of experience in dispute resolution, with a significant focus on cross-border litigation, international arbitration, and crisis management. He also has experience in competition, intellectual property, bankruptcy, and white collar crime. He has advised large French and international companies as lead counsel in many high-profile disputes involving complex, business-sensitive issues, bringing many of the disputes to an optimal conclusion, either in court, through arbitration, or through imaginative settlement solutions. Elie's arbitration experience covers investment, trade, joint ventures, and shareholders' agreements as well as long-term contracts, representations and warranties, licensing, distribution, and construction, particularly in the energy and natural resources, chemicals, life sciences, infrastructure and transport, telecommunications, media, and technology sectors. He has in-depth knowledge of many institutional arbitration rules and ad hoc arbitration. He regularly sits as an arbitrator and as a mediator. Elie's litigation experience covers public and private mergers and acquisitions, corporate disputes, complex commercial contracts, corporate governance and directors' liability, securities fraud and market abuse, tort and negligence, banking liability, insolvency, and product liability. His extensive experience in cross-border disputes includes designing effective strategies for evidence and assets preservation, coordinating proceedings in multiple jurisdictions, and enforcement against private and sovereign parties. He regularly advises global clients in crisis management and damage control situations. Elie is very active in the French legal community, serving as a member of several think tanks and promoting Paris as a hub for international dispute resolution. He writes on international arbitration and litigation and teaches at several Paris universities.

George Bermann

The director of the Center for International Commercial & Investment Arbitration at Columbia Law School, George Bermann is a world-renowned authority on comparative law, EU law, international trade contracts, WTO dispute resolution, and transnational litigation and arbitration. For more than four decades, he has been an active international arbitrator in commercial and investment disputes in all sectors, including general commercial contract, construction, intellectual property, energy, oil and gas, competition law, insurance, telecommunications, pharmaceuticals, distributorship and franchising, transportation, and employment. He also serves regularly as an expert witness before international arbitral tribunals as well as before courts in arbitral-related cases. Bermann joined the Columbia Law School faculty in 1975. He founded both the Columbia Journal of European Law and the European Legal Studies Center, where he serves as the director. In addition to teaching full-time at the Law School, he is an affiliated faculty member of the School of Law of Sciences Po in Paris and the MIDS Masters Program in International Dispute Settlement in Geneva. Bermann was the chief reporter for the American Law Institute (ALI) for its Restatement of the Law, The U.S. Law of International Commercial and Investor-State Arbitration, a 12-year project that was completed in 2019; it was the first ALI Restatement on this area of the law. Bermann is also co-author of the UNCITRAL Guide to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, chair of the Global Advisory Board of the New York International Arbitration Center (NYIAC), co-editor in chief of the American Review of International Arbitration, and founding member of the governing body of the ICC Court of Arbitration and a member of its standing committee.

Ercument Erdem

Ercument Erdem is the Founder and Senior Partner of Erdem & Erdem Law Office. He has more than 30 years of experience in international commercial law, mergers and acquisitions, privatizations, corporate finance and arbitration. He serves international and national clients in a variety of industries including energy, construction, finance, retail, real estate, aerospace, healthcare and insurance. He has extensive experience in cross-border projects concerning project finance, privatization, mergers and acquisitions and private equity transactions in wide geography including Europe, Asia and CIS countries. Moreover he has successfully represented clients in many arbitration proceedings and enforcement claims in relation to arbitral awards obtained outside of Turkey. He has acted as chairman and sole or party-appointed arbitrator in many international and national arbitrations under different rules including International Chamber of Commerce (ICC) Arbitration, Swiss Arbitration, Moscow Arbitration, United Nations Commission on International Trade Law (UNCITRAL) Arbitration, Tehran Arbitration, and ad hoc arbitrations and is, furthermore, distinguished in this field. Ercüment Erdem is a member of Istanbul Bar Association, the Co-chair of ICC Commercial Law and Practice Commission, and a member of the ICC Court of Arbitration, ICC Institute Council, ICC Incoterms Expert Group, and ICC Turkish National Committee Arbitration Council as well as a member of several ICC task forces. He is a member of the Association Suisse de l'Arbitrage (ASA), International Bar Association (IBA), Association Henri Capitant des amis de la culture juridique française, and the Research Institute of Banking and Commercial Law. He has highly strong academic background. He is an emeritus professor and still continues to lecture in leading universities such as Galatasaray University in Turkey and Fribourg University in Switzerland.

Melanie Willems

Melanie Willems, head of international arbitration in the London office, focuses her practice on international arbitration and is experienced in all forms of alternative dispute resolution (expert determination, mediation, adjudication and so forth). She has extensive experience in ad hoc proceedings and the major international rules, such as ICC, LCIA, UNCITRAL, ICSID and standard form contract rules. She also represents clients in court in the UK, and sits as an arbitrator. Melanie acts for clients in a wide range of industries, including engineering, energy, construction, rail, infrastructure/transport, hotels, retail, property development, banking and finance, technology and insurance. She has particular experience in contractual disputes arising from energy, major projects and engineering matters. She has advised clients on international projects in the Middle East, Asia, India and Africa in relation to foreign investments, power plants, renewable energy, desalination plants, petrochemical plants, oil rigs, pipelines, hotels, roads/highways, hospitals, transport and government projects.

José Carlos Fernandez Rozas

Graduated in Law in the University of Oviedo in 1973 and in Pedagogy of History (1974). PhD degree in Law from the University of Oviedo (summa cum laude) (1977). Research Center of the Hague Academy of International Law (1977). Full Professor of Private International law (1982); from 1987 at the University Complutense of Madrid. Spanish delegate at the Hague Conference of Private International Law (1994). Royal Spanish Academy of Legislation and Jurisprudence (2008). Special course at The Hague Académie of International Law (2001). President of the Hispanic-Luso-American Institute for International Law (2006). Associate of the International Law Institute (2011) and Titular Member (2017). Author thirty courses and monographs and more two hundred scientific studies on the Private International Law, International Business law, International Civil Procedure and International Commercial Arbitration. Chief editor of several legal periodicals, among which the Anuario Español de Derecho internacional and Arbitraje- Revista de Arbitraje Comercial y de Inversiones. Chairman and arbitrator in several disputes of international scope (ISCID, ICCI, CIMA).

John Fellas

John Fellas is a partner in the New York office of Hughes Hubbard & Reed. He is co-chair of the firm's International Arbitration practice and co-chair of the International practice. John focuses on the areas of international litigation and arbitration. John has practiced in both the US and the UK, and, in addition to being a member of the New York City Bar Association, he is a solicitor of the Supreme Court of England and Wales. He has served as counsel, chair, sole arbitrator and co-arbitrator in arbitrations under the American Arbitration Association (AAA), International Chamber of Commerce (ICC) and ad hoc rules. He also serves on the Mediation Panel of the District Court for the Southern District of New York. He has also been retained to act as an expert witness on US law in proceedings in other countries. He is co-editor of "International Commercial Arbitration in New York" (Oxford University Press, 2010). He received a B.A. (Hons.) from the University of Durham, England, and both an LL.M. and an S.J.D. from Harvard Law School.

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Il faut completer l'inscription avant le 16 octobre 2020. La participation est limitée aux premiers 100 demandes d'inscription reçues.

La requête au Barreau de Milan (Italie) de validation pour la formation continue obligatoire des avocats est en cours.

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Registration must be completed before October 16, 2020. Participation is limited to the first 100requests for registration which are received.

The request to the Milan Bar (Italy) for validation for compulsory continuing education for lawyers is in progress.

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