24 April 2018
Time: 5:00am - 8:30pm
Venue: Centre for Commercial Law Studies, Queen Mary University of London, 67-69 Lincoln's Inn Fields, London WC2A 3JB UK
This seminar on “Twilight Issues” in International Arbitration is organised by the School of International Arbitration, Queen Mary University of London and Columbia Law School.
This seminar discusses important non-merits issues that commonly arise in arbitral proceedings for which tribunals and counsel find little or no guidance in either the arbitration agreement, the institutional rules, or the lex arbitri. These “Twilight Issues” include:
- arbitrability of the dispute
- arbitration agreement and non-signatories
- conditions precedent to arbitration
- interim relief
- waiver of right to arbitrate
- anti-suit injunctions
- iura novit curia
- statutes of limitation
- res judicata
- rates of interest
- cost allocation
- sanctioning party conduct.
In addressing Twilight Issues, arbitral tribunals and counsel may resort to, among other things, the application of national law (including law of the contract, law applied by the courts of the place of arbitration, law of the place of probable enforcement, law of the country with the closest connection) or an international standard or no particular norm at all. The seminar explores how tribunals and counsel best proceed facing these questions.
The seminar is co-chaired by Professor George A. Bermann (Jean Monnet Professor of EU Law and Director, Center for International Commercial and Investment Arbitration, Columbia Law School) and Professor Maxi Scherer (School of International Arbitration, Queen Mary University of London, Chair in International Arbitration and Energy Law).
17.00 Twilight Issues and National Law
Which Twilight Issues are most appropriately governed by the law of a particular jurisdiction? And why?
For any such Twilight Issue, which national law applies?
- Professor Julian Lew QC, International Arbitrator, 20 Essex Street; Head, School of International Arbitration, Queen Mary University of London
- Carine Dupeyron, Partner, Darrois Villey Maillot Brochier, Paris
- Professor Giuditta Cordero-Moss, University of Oslo, Norway
18.15 Twilight Issues and International Standards
Which Twilight Issues are most appropriately governed by an international standard? And why?
For any such Twilight Issue, how are the existence and content of those international standards to be ascertained? What is a tribunal’s role in developing them?
- Professor Pierre Mayer, Independent Arbitrator, Paris
- Kate Davies, Partner, Allen&Overy, London
- Audley Sheppard QC, Partner, Clifford Chance, London
19.30 Closing Remarks & Networking Drinks
For directions to the venue, please refer to the map.
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