July 11th to 16th
NOVA Summer School
International Arbitration
Presentation
NOVA School of Law and NOVA Dispute Resolution Forum are launching the first edition of the NOVA Summer School on International Arbitration, which will take place from the 11th to the 16th of July in Lisbon.
The Summer School seeks to give its participants the foundational basis of International Arbitration. The participants will have the unique opportunity to learn from international experts based in New York, London, Paris, Madrid, São Paulo, Barcelona or Lisbon and be truly exposed to the world of International Arbitration.
Classes will be taught by academics and practitioners, which includes Gary Born, Ina Popova, Franco Ferrari, Elena Gutierrez, Georgios Petrochilos, Patricia Saiz, José Miguel Júdice and Mariana França Gouveia. Courses will cover the most relevant issues in International Arbitration such as arbitration agreements and proceedings, arbitral awards and international investment protection.
In addition to having classes taught by renowned and reputable experts, the participants will have the opportunity to put into practice the knowledge they have acquired throughout the summer school by taking part in a mini Moot Court with the ICC Portugal Arbitration Rules
The mini Moot Court is specially designed to give participants a comprehensive theoretical and practical overview of arbitration. In order to assure the success of each participant in the mini moot Court with the ICC Arbitration Rules, there will be workshops covering soft skills and oral advocacy. Alongside all of these activities, NOVA Dispute Resolution Forum has organized socials and networking moments to bring closer the participants to the international arbitration community.
If you are challenge-driven, interested in arbitration, have the ambition to pursue an international career and want to learn with the best while visiting the amazing city of Lisbon, see you at the NOVA Summer School on International Arbitration.
Fees
Fees: 350€
Current or former students from NOVA School of Law: 300€
Early-bird (until 30 May for all): 250€
Programme
Monday, 11th July
09h00 | Opening Ceremony
Franco Ferrari, New York University, New York, USA – opening speech: «National International Commercial Arbitration»
Mariana França Gouveia, welcome to Summer School, coordination
10h00-11h30
Lauro Gama, PUC, Rio de Janeiro, Brazil
Patricia Saiz, ESADE, Barcelona, Spain
Introduction to International Arbitration
- The concept of International Arbitration: criteria, advantages/disadvantages.
- The law applicable to the merits. The problem of national and foreign mandatory rules. The limits imposed by public policy.
- The Law applicable to the arbitration proceedings.
11h30 | Coffee Break
13h00-13h30
Jan Kleinheisterkamp, LSE, London, UK
Georgios Petrochilos, Three Crowns, Paris, France
The Arbitration Agreement
- Definition and relevance
- The law governing the arbitration agreement
- Formal and substantive requirements for the validity of the arbitration agreement
- Drafting arbitration clauses: essential aspects, typical problems, precautions. The model clauses of the various arbitration institutions. The IBA Guidelines on drafting International Arbitration Clauses
- Effectiveness of the arbitration agreement (positive and negative effect) and the ” Kompetenz-kompetenz” principle of the arbitral tribunal
13h00-13h30 | Mini Moot Court with the ICC Arbitration Rules initial briefing
Mafalda Estácio, NOVA Dispute Resolution Forum
Dussu Dajbula, NOVA Dispute Resolution Forum
13h30 | Lunch
Afternoon: Lisbon tour
Tuesday, 12th July
09h00-10h30
Catherine Rogers, Queen Mary University and Bocconi University
André Marini, GBS D, Paris, France
The Arbitral Tribunal
- Constitution of the Arbitral Tribunal, Appointment, confirmation of Arbitrators and possible difficulties
- The strategic dimension of the choice of arbitrators: considerations of a practical nature and procedural strategy
- The intervention of state courts at the time of constitution of the Arbitral Tribunal
- The statute of arbitrators
- Independence and impartiality, in particular as per the IBA Guidelines on Conflict of Interest in International Arbitration
- Duty of diligence
- Duty of disclosure
- Proceeding for challenge and replacement of appointed arbitrators. Judicial challenge of the decision to retain the challenged arbitrator
- Arbitrators’ liability.
10h30 | Coffee Break
11h00-12h30
Mariana França Gouveia, NOVA and PLMJ, Lisbon, Portugal
Ina Popova, Debevoise, New York, USA
The Arbitration Proceedings
- The request for Arbitration and the procedural stages
- The fundamental principles of due process
- Organization of the proceedings – drafting Procedural Order No. 1. The most common practices and innovations, in particular the expedited arbitration rules
- The written submissions
- The IBA Rules on Taking of Evidence in International Arbitration
- Document Production (Redfern Schedule)
- The Final Hearing, examination of witnesses, in particular cross-examination
- The post-hearing briefs
- The costs of arbitration
12h30 | Lunch
14h00-15h30
Pacome Ziegler, Delaloa, Lisbon, Portugal
Workshop on Research and Legal Writing
Wednesday, 13th July
09h00-12h30
José Miguel Júdice, Arbitrator, Lisbon, Portugal
Melanie Riofrio Piche, Secretary General at CIAM, Madrid, Spain
Joana Galvão Teles, NOVA and ML, Lisbon, Portugal
Arbitral Award: Drafting, challenge and enforcement
- Core elements of the arbitral award and its drafting
- Challenging the arbitral award: appeal and annulment; grounds for annulment; referral of the case to the arbitral tribunal and effects of the annulment of the arbitral award
- The New York Convention on Recognition and Enforcement of Arbitral Awards
12h30 | Lunch
Afternoon: Networking event
Thursday, 14th July
09h00-10h00
Eduardo Silva Romero, Dechert, Paris, France
Fernando Mantilla Serrano, Latham & Watkins, Paris, France
Interim measures
- The jurisdiction of state courts before and after the constitution of the arbitral tribunal to issue interim measures. Concurrent jurisdiction with the judicial courts
- Interim measures and preliminary orders
- Typology, in particular the power to order enforcement measures and anti-suit injunctions
- Requirements for the granting of interim measures
- Preliminary orders
- Recognition or enforcement of interim measures
10h30 | Coffe Break
11h00-12h30
Gustavo Fernandes, Partner, Tauil & Chequer – Mayer Brown, Rio de Janeiro, Brazil
Elena Gutierrez, MGC Arbitration, Paris, France
Multi-Party Arbitration
- Multi-party arbitrations
- Multi-contract arbitrations
- The extension of the arbitration agreement (i) ratione materiae, to other disputes (other than those directly concerned); ratione personae, to other parties (other than those who signed it)
- Joinder and intervention of third parties in arbitral proceedings
- Consolidation of arbitral proceedings
12h30 | Lunch
André Pereira da Fonseca, Abreu Advogados, Lisbon, Portugal
16h30-18h00 | Mini Moot Court with the ICC Arbitration Rules Preparation
Friday, 15 th July
09h00-10h30
Pedro Metello de Nápoles, Member of the ICC Court, PLMJ, Lisbon, Portugal
Sofia Martins, Miranda, Lisboa, Portugal
WORKSHOP Institutionalized arbitration
10h30 | Coffee Break
11h00-12h30
Ashique Rahman, Fietta LLP, London, UK
Luis Terrinha, NOVA School of Law, Lisbon, Portugal
International investment protection arbitration
- The origins of investment arbitration. The Convention on the Settlement of Investment Disputes between States and Nationals of Other states (ICSID or Washington Convention), the ICSID and the BITs (Bilateral Investment Treaties)
- The jurisdiction of arbitral tribunals
- Standards of investor protection provided for in the BITs
- Annulment of arbitral awards and enforcement of awards under the ICSID Convention
Free afternoon starting at 12h30m
Saturday, 16th July
09h00-12h00
Mini Moot Court with the ICC Arbitration Rules
12h00-13h00
Career talks
13h00 | Closing address
Gary Born, Wilmer Hale, Londres
Social
Moot Court Awards Cerimony and Sunset
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