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Tekst-Conference programme

Conference programme 2019


9.00-9.30 Registration
9.30-9.40 Welcome addresses 
9.40-10.00 Keynote address  
Pierre Tercier
 (Professor Emeritus at the University of Fribourg and Honorary Chairman of the ICC International Court of Arbitration, Paris) 
10.00-11.10 Roundtable: Breaking new ground: New instruments for the enforcement of settlement agreements reached through international mediation

Singapore convention as the new groundbraking framework for mediation
Judith Knieper (UNCITRAL)  

Moderator: Judith Knieper (UNCITRAL)
Mark E. Appel (ArbDB Chambers, London)
Davor Babić (Faculty of Law, University of Zagreb, Zagreb)
Boulet (SPF Justice, Brussels)
Barbara Helene Steindl (Heger & Partner Rechtsanwälte, Vienna)
Natascha Tunkel (KNOETZL, Vienna)

  In 2018, UNCITRAL adopted two new instruments for enforceing international commercial settlement agreements resulting from mediation: an amendment of the UNCITRAL Model Law on International Commercial Mediation and The United Nations Convention on International Settlement Agreements Resulting from Mediation. This is a fundamental step towards a clear and uniform framework for the recognition of settlement agreements resulting from mediation, akin to what the New York Convention (1958) has been for arbitration. The new Convention and the amended Model Law will increase the predictability of settlements achieved through international mediation.

This panel will examine in particular:
• Major amendments to the UNCITRAL Model Law on International Commercial Mediation and its potential effects on national mediation laws;
• Salient features of the new Convention on International Settlement Agreements resulting from mediation, such as application of the Convention, enforcement mechanism, grounds for or judicial review and non-recognition of a settlement agreement, etc.
 11.10-12.30 Roundtable: Back to the roots: Are expedited proceedings the answer to the often complex and lengthy arbitrations?
Moderator: Franz T. Schwarz (Wilmer Hale, London)
Leon Kopecky (Schoenherr, Vienna)
Maja Menard (Fatur Menard, Ljubljana)
Michael Nueber (Gasser Partners, Vaduz)
Jan K. Schäfer (King & Spalding, Frankfurt) 

  Just like international transactions, arbitrations have become increasingly complex and lengthy. Straight-forward cases concerning lower amounts are often ill-served by such complex proceedings. Can expedited proceedings be the answer to such criticisms? We will host practitioners with various roles in international arbitrations (in-house counsel, external counsel, an arbitrator and a representative of an institution) who will help us strike the delicate balance between the need for an expedited decision of the dispute and the right to be heard.

We will discuss:
• How to make sure that expedited proceedings remain expedited? What are the measures of tribunals to keep control of the proceedings?
• How to deal with due process concerns?
• Is a hearing necessary?
• Should tribunals be allowed to issue summary judgements?
12.30-12.50 Coffee/Tea Break/Networking
12.50-14.10 Panel: Building bridges: Dispute avoidance and dispute resolution in construction industry
Moderator: Pierre Michel Genton (PMG Consulting Engineers and Economists Prevention and Resolution of Disputes, Lausanne)
Živa Filipič (ICC Court, Paris)
Hans Liebel (Porr Bau GmbH)
Bartosz Krużewski (Clifford Chance, Warsaw)
David Premelč (Rojs, Peljhan, Prelesnik & partners, Ljubljana)
Venus Valentina Wong (Wolf Theiss, Vienna)

  Complex construction projects are rarely completed without disputes, the bulk of which are dealt with in alternative dispute resolution proceedings and, ultimately, arbitration. The uniqueness of issues for parties, counsel and arbitrators derives from the sophistication and specialization of the construction industry. This panel will showcase salient issues that emerge in various stages of a construction dispute by sharing the speakers' experience on different instruments and techniques for dispute avoidance and dispute resolution.

The topics will include in particular:
• Defining Construction Disputes (Allocation of Risks, Contractor's and employer's Claims and Remedies);
• Dispute Avoidance/Adjudication under the new 2017 FIDIC Suite of Contracts (Dispute Avoidance/Adjudication Boards, Enforcement of DAAB Decisions, Recourse to Arbitration);
• Subcontracts and Multiparty Arbitration in Construction Disputes;
• Interim Relief in Construction Arbitration;
• Managing Documentary Evidence in Construction Arbitration;
• The role of Party Appointed Experts in Construction Arbitration: Hired Guns or Truth Seekers.
14.10-15.10 Buffet lunch/Networking
15.10-17.00  Panel: Much ado about everything: Damages in International Arbitration
Moderator: Manuel Conthe  (Independent Arbitrator, Madrid)
Daniela Karollus-Bruner (CMS, Vienna)
Minu Gvardjančič (Karanovic & Partners, Ljubljana)
Jure Levovnik (Jadek & Pensa, Ljubljana)
Yuri Sidorovich (Deloitte, Ljubljana)
Sylvia Tonova (Jones Day, London) 

Damages are sought in virtually all arbitrations. Quantification of damages is thus integral to the whole arbitral process and is usually the issue of the outmost relevance to the parties. However, assessment of damages can prove to be a daunting task for the arbitral tribunal, owing to its high complexity both in legal and factual terms.

This panel will examine in particular:
• Damages principles in civil and common law jurisdictions;
• Damages in investment arbitration: Is it a different animal?
• Strategic concerns in employing damages experts (tribunal and party-appointed);
• Procedural issues in dealing with claims for damages (case management, bifurcation, documentary evidence, witnesses);
• Doing the math: Approaches and methods for the assessment and quantification of damages;
• Industry-specific damages issues in construction, energy and M&A disputes;
17.00 Cocktail reception/Networking

WHEN: 9 April 2019
WHERE: Chamber of Commerce and Industry of Slovenia, Dimičeva 13, Ljubljana, Slovenia
WHO: arbitrators, lawyers representing parties in arbitrations, in-house counsel, state officials and globally operating businesses

We are looking forward to welcoming you to Ljubljana.

More about the previous conferences