3rd Athens International Arbitration Forum

Mandatory Rules in International Arbitration

20 October 2022 - 9:00-18:45 | Divani Caravel Hotel

 

Conference Chairs

Professor Constantin Calavros and Professor Stavros Brekoulakis

 

Registration and coffee

 

Welcome address

Constantin Calavros, Professor of Civil Procedure and Arbitration, President of the Greek Association for Arbitration, Managing Partner, Calavros Law Firm-Filios-Babiniotis-Kloukinas

 

Introductory address

Julian DM Lew KC, 20 Essex Street, Professor, Head of School of International Arbitration, Queen Mary University of London

 

I. Role and Importance of Mandatory Rules in International Arbitration

Issues to be addressed

What is the concept, relevance and contemporary theories on mandatory rules in international arbitration?

Can arbitrators apply mandatory rules of a law other than the law of the contract (lex contractus)? Where do they derive the power to apply such rules from?

Even if they can, should arbitrators apply mandatory rules of a law other than the lex contractus?

The mandatory rules of which law, other than the lex contractus, can apply in an international dispute?

What is the relevance of the principle of party autonomy in the application of mandatory rules?

Chair

Evangelos Vassilakakis, Professor, Law School of the University of Thessaloniki, Attorney at Law

Keynote speech

Sébastien Besson, Professor, University of Neuchâtel, Partner Lévy & Kaufmann-Kohler, Geneva

Commentators

Christophe Seraglini, Professor, University Paris Sud - Paris Saclay, Partner, Freshfields, Paris

Anna Mantakou, Dr. iur., Independent Arbitrator, Partner, Mantakou - Dougka Law Firm, Athens

Eleni Skoufari, Partner, Zepos & Yannopoulos, Athens

Konstantinos Papadiamantis, Dr. iur., Partner, Potamitis Vekris, Athens

 

Coffee break

 

II. Relationship between mandatory rules and public policy

Issues to be addressed

Are mandatory rules part of international public policy?

Mandatory rules and European public policy, including CJEU jurisprudence.

Mandatory rules in investment arbitration.

Chair

Stavros Brekoulakis, Professor, Director, School of International Arbitration, Queen Mary University of London, Arbitrator at Barristers Chambers 3 Verulam Buildings (Gray's Inn)

Keynote speech

Luca Radicati di Brozolo, Professor, Università Cattolica di Milano, Founding Partner, ArbLit, Milan

Commentators

Marily Paralika, Attorney at Law, Partner, Fieldfisher LLP, Member, ICC International Court of Arbitration

Vladimir Pavić, Professor, University of Belgrade

Florian Haugeneder, Partner, KNOETZL, Vienna

Gregory Pelecanos, Attorney at Law, Senior Partner, Ballas, Pelecanos & Associates L.P.C.

 

Lunch

 

III. Scope and standards of review of mandatory rules and public policy by national courts

Issues to be addressed

What is the appropriate scope and standards of review of mandatory rules and public policy by national courts under the 1958 New York Convention?

To what extent and under which circumstances can a national court review the factual determinations made by an arbitral tribunal?

To what extent and under which circumstances can a national court review the assessment of evidence made by an arbitral tribunal?

Comparative analysis of the standards of review by national courts under common and civil law.

Chair

Alexander Fessas, Secretary General, ICC International Court of Arbitration, Paris

Keynote speech

Filip De Ly, Professor, Erasmus University Rotterdam

Commentators

Antonias Dimolitsa, Independent Arbitrator, Athens - Paris

Sarah Vasani, Partner, Co-Head of International Arbitration, CMC, London

Gregory Logothetis, Attorney at Law, Partner, Koutalidis Law Firm

Dimitris Babiniotis, Associate Professor, University of Thrace, Partner, Calavros Law Firm-Filios-Babiniotis-Kloukinas

 

Coffee break

 

IV. Procedural mandatory rules and public policy

Issues to be addressed

Which procedural rules qualify as mandatory?

What is the interplay between Articles V(1) (b-d) and V(2) (b) of the 1958 New York Convention?

Are the provisions of the European Convention of Human Rights applicable to arbitral proceedings?

Can arbitrators apply procedural mandatory rules of a law other than the law of the seat (lex arbitri)? Where do they derive the power to apply such rules from? Even if they can, should arbitrators apply mandatory rules of a law other than that of the lex arbitri?

Chair

Antonis Karampatzos, Professor, University of Athens

Keynote speech

Audley Sheppard KC, Chairman of the LCIA Board, Partner, Clifford Chance, London

Commentators

Nayla Comair-Obeid, Professor, Lebanese University, Founding Partner, Obeid & Partners

Louis Flannery KC, Partner, Mishcon de Reya, London

Antonios Tsavdaridis, Lecturer, Law School of the University of Thrace, Attorney at Law, Partner & Head of Arbitration, Rokas International Law Firm, General Secretary of the European Court of Arbitration, Vice-President of the Greek Association for Arbitration

Epaminontas Triantafilou, Partner, Quinn Emanuel, London

 

V. Roundtable discussion on "Due Process Paranoia"

With the participation of keynote speakers

Issues to be addressed

Are arbitrators more reluctant nowadays to refuse parties' procedural requests for fear of violating due process?

Do counsel tend to exploit that fear?

How should arbitrators strike the right balance between efficiency and due process?

Practical examples of procedural requests that can test arbitrators' duty for efficiency.

Chair

Georgios Petrochilos KC, Partner, Three Crowns, Paris, Visiting Professor, Bern and Fribourg

 

Concluding remarks

Constantin Calavros, Professor of Civil Procedure and Arbitration, President of the Greek Association for Arbitration, Managing Partner, Calavros Law Firm-Filios-Babiniotis-Kloukinas