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 Sainz, 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, submit your application for 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 Sainz, 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

Carolina Roque, CMS, Lisbon, Portugal; VYAP
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

Eduardo Silva Romero, Dechert, Paris, France
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

Quarta-feira, 13 de julho

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: Sunset Networking event

Thursday, 14th July

09h00-10h00

Mariana França Gouveia, NOVA and PLMJ, Lisbon, Portugal
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 (to be confirmed)
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
14h00-16h30 | Legal Oral Advocacy

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
Gustavo Moser, Legal Counsel at the LCIA and course leader at the SiLS

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 with the ICC Arbitration Rules Awards Cerimony

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