This conference is a “must attend” for arbitration professionals who wish to keep up to date with the latest institutional developments and the evolution of arbitration in Africa.
ICC’s annual Africa conference, held in English and French, is the key forum for understanding international commercial arbitration in Africa. This conference provides an indispensable update on developments in the region and is becoming the most important gathering for the African arbitration community. Not only does it offer a line-up of top-class speakers, topical discussions and relevant news, but also an excellent opportunity to network. The conference attracts more than 350 participants representing about 15 countries.
The ICC Institute Advanced Level Training on “The Conduct of the Proceedings and Case Management – the Arbitrator’s perspective” will take place on 20 June 2018 in English only.
Who should attend?
- Practicing lawyers
- Arbitrators, mediators
- Corporate counsel
- Professionals interested in and/or involved in international arbitration in Africa
|DAY 1: Monday 18 June 2018|
|8:00 – 9:00||Registration|
|09:00 – 10:00||Welcome and opening remarks|
|10:00 – 10:30||Tea break|
|10:30 – 11:30||ICC arbitration: innovation on the basis of the tradition for quality|
This session intriduces the latest strive of the ICC International Court of Arbitration for enhancing time and cost efficiency to a fast track arbitration for smaller claims while ensuring fundamental quality features:
– Expedited Procedure Provisions: Innovating for greater time & cost efficiency
– Scrutiny of Awards: the ICC quality control
|11:30 – 13:00||Clause and effect: seating your arbitration in Africa|
It is now beyond doubt that in both developed and emerging economies, arbitration has evolved as an acceptable means of dispute resolution which complements the efforts of traditional courts and so countries are scrambling to make their countries “arbitration friendly”. This session will discuss how African jurisdictions have responded to the requirements of an arbitration friendly environment and its impact upon arbitration on the continent.
|13:00 – 14: 00||Lunch|
|14:00 – 15:30||International Arbitration Awards: first bus stop or last station|
On the African continent, how final are arbitration awards? How final should they be? Panellists will discuss this topic against the backdrop of domestic and international legislation, conventions and proposed initiatives.
|15:30 – 17:00||Africa rising – stemming the flight of arbitral disputes|
This session will focus attendant issues resulting in the delocalisation and flight of arbitral disputes from Africa. Panel Discussions will include identification and discussion of attendant factors that weigh against seating arbitrations in African Jurisdictions. Panellists will offer perspectives and bring their individual jurisdictional experiences to bear on discussions and explore how the challenges can be surmonted, if not eliminated, so that arbitration can take its rightful role as a Catalyst for economic growth in Africa.
|17:30 – 19:00||Cocktail|
|DAY 2: Tuesday 19 June 2018|
|9:30 – 11:00||Supporting the arbitral process|
Arbitration, though a private form of binding dispute resolution emanating from a personal agreement of the parties, requires regulation and enforcement. This session will consider and identify the various bodies which support arbitration and the entire arbitral process. Speakers will discuss the significant role the State plays in arbitration by providing enabling legislation that validates and legitimizes arbitration. The Judiciary’s role during the arbitral process regarding issues such as challenge of arbitrators, interim measures and enforcement of awards will also be discussed. The role played by arbitral institutions will also be examined.
It is expected that the outcome of the session will be an identification of wether arbitration in Africa receives sufficient support and also proffer any suggestions on how arbitral process can be better supported.
|11:00 – 11:30||Tea break|
|11:30 – 13:00||Arbitrability in Africa: new hopes or lost opportunities|
From time to time, we see domestic pronouncements of arbitrability in different jurisdictions. Africa is no exception. Even if we consider typical commercial areas -intra-corporate disputes, securities, intellectual property, fair and unfair competition, distribution contracts, financial contracts, insurance, transport, insolvency, or regulated economic sectors (including oil and gas)- the different approaches to arbitrable subject matter taken by domestic laws and case laws has created uncertainty.
This panel discusses whether the approaches to arbitrability taken by African jurisdictions give rise to new hopes (increased use of African seats) or lost opportunities (reluctance to arbitrate in African jurisdictions).
|13:00 – 14:00||Lunch|
|14:00 – 15:30||ECOWAS Energy Protocol “Reality or Mirage”|
This panel will discuss the effectiveness and/or potential impact of the Protocol on energy related disputes in the west Afrcan sub region.
|15:30 – 17:00||Damages tools – Globalizing the analysis of damages|
The damages tool being developed by the ICCA-ASIL Damages Task Force allows everyone easy access to complexddamages analysis. During this interactive session, distinguished legal and economic experts will explain the tool and demonstrate how it works by illustrating the lifecycle of a damages case, before asking the audience for feedback.
Advanced training: The Conduct of the Proceedings and Case Management: the Arbitrator’s Perspective – 20 June 2018
|09:30 – 09:45||Welcoming address and introduction|
|09:45 – 10:00||Active Case Management Techniques|
From the very outset of the arbitration, the tribunal has to actively assist the parties in organizing and streamlining the conduct of the proceedings. During this session, participants will learn and discuss both from a theoretical and a practical standpoint effective case management techniques. These will include issues related to drafting the terms of reference, preparing and conducting case management conferences, and adopting procedural timetables.
|10:00 – 10:30||Effective Management of Arbitration: an ICC perspective|
During this session participants will be provided with ICC insights and best practices on various active management techniques.
|10:30 – 11:30||Case scenarios on active case management techniques and debate|
|11:30 – 11:45||Coffee break|
|11:45 – 12:15||Arbitrators’ Authority: Scope and Limits|
The notion of ‘authority of the arbitral tribunal’ is a complex and multifaceted one which plays a key-role in the creation of a suitable framework for the arbitration. It involves both the relationship between the arbitrators as well the tribunal’s relationship with counsel and raises challenging questions. Among others: how far a dissenting opinion can go and still be effective and appropriate; what is the scope of the tribunal’s authority to sanction counsel’s wrongful conduct; what types of sanctions are available?
|12:15 – 13:00||Case scenarios on arbitrators’ authority: scope and limits and debate|
|13:00 – 14:15||Lunch|
|14:15 – 14:45||Conducting hearings|
Conducting fair and orderly hearings is one of the most critical tasks faced by arbitrators. Indeed, the respect of the due process on one side and the need to efficiently conduct the arbitral hearing on the other may pose a significant challenge for arbitrators. During this session participants will learn how arbitrators should deal with issues such as: questioning of witnesses or attorneys, deciding whether to request additional evidence not provided by the parties and evaluating the need to appoint an expert.
|14:45 – 15:30||Case scenarios on conducting hearings and debate|
|15:30 – 16:00||Coffee break|
|16:00 – 16:30||Managing the exchange of information|
Obtaining and presenting information is of paramount importance when preparing an international commercial arbitration case. The mission of the arbitral tribunal lies in managing such exchange of information, taking into consideration the different cultural legal approaches of the parties and their counsel. Participants will learn more on how arbitrators should deal with issues such as: the management of electronically stored information; the preservation of the confidentiality of information and related issues of applicable law; protection of trade, technological and commercial secrets; privacy of the arbitral proceedings; and ethical conduct of the arbitrators.
|16:30 – 17:15||Case scenarios on managing the exchange of information and debate|
|17:15 – 17:30||Closing remarks|
|Dates and venues||Conference|
Date: 18-19 June
Venue: The Civic Centre, Ozumba Mbadiwe Street, Victoria Island, Lagos
ICC Institute Advanced Training
Date: 20 June
Venue: AELEX, 4th Floor, Marble House 1, Kingsway Road, Falomo, Ikoyi, Lagos
|Registration fees||3rd ICC Africa ConferenceEarly bird until 18 May 2018: US$ 250 (incl. VAT)|
ICC Members: US$ 305 (incl. VAT)
Non-Members: US$ 385 (incl. VAT)
ICC Institute Advanced Training
Early bird until 18 May 2018: US$ 250 (incl. VAT)
ICC Members: US$ 299 (incl. VAT)
Non-Members: US$ 375 (incl. VAT)
Package (20% discount): Training and Conference
Early bird until 18 May 2018: US$ 400 (incl. VAT)
ICC Members: US$ 485 (incl. VAT)
Non-Members: US$ 608 (incl. VAT)
|Registration fees include all conference and/or training documentation, lunches, coffee breaks and a cocktail reception (for the conference attendees).|
|Special discounts||Group rates: Register 5 persons from the same company and pay for four.YAF Members, In-house Counsel, full time Academics and Government representatives may benefit from a 30% discount.|
Please contact firstname.lastname@example.org for more details.
|Travel and accommodation||Travel and hotel expenses are not included in the registration fees. Participants are responsible for making their own travel arrangements and hotel reservations. ICC Nigeria has however negotiated preferential room rates with the hotels Four Points and Radisson Blu. The complete information will be sent upon registration enabling participants to make their reservations directly.|
|Visa||Visa applications for entry into the Nigeria can take several weeks to process. If travelers from your country of citizenship require a visa to enter Nigeria, we highly recommend that you begin the visa application process well in advance. ICC Nigeria is able to dispatch visa invitation letters to support your visa application only after receipt of your registration online.|
|Working languages||Conference: English & French|
Advanced Training: English
|Cancellation policy||50% of the registration fees will be refunded if notice of cancellation is received in writing before Friday 18 May 2018. Cancellations after this date are not refundable. Updated registration information will be required. Please be informed that any formation of cancellation will inclur a cancellation fee of $7 + 2.75% of the registration fee which must be covered by the participant. Please note that ICC Nigeria reserves the right to cancel this event or to make minor alterations to the content and timing of the programme or to the identity of the speakers. In the unlikely event of cancellation, delegates will be offered a full refund. ICC Nigeria will not, however, be held responsible for any related expenses incurred by the participant.|
|Disclaimer||The photos and audiovisual recordings taken at this meeting/event may be used and published by ICC, its subsidiaries or affiliates, for informational or promotional purposes in printed materials or online, including on ICC websites and in social media.|
This conference offers you an unrivalled opportunity to maximize your visibility to practicing lawyers, corporate counsel, business professionals, and academics coming from or doing business in Africa.