AIAC Young Practitioners' Group’s Post

✨ Two days of exchanges on alternative dispute resolution (ADR) ✨ On the 5th and 6th of December, the Federal Mediation Commission had the pleasure of taking part in the “2024 EU Consumer ADR Conference”, organised by Professor Stefaan Voet at KU Leuven, in collaboration with University of Oxford. 📑 This European conference, held at Leuven's magnificent Faculty Club, brought together several experts, ADR organizations and ECCs (European Consumer Centres) from different member states to discuss the challenges and legislative developments of ADR in Europe. 𝗧𝗵𝗲 𝗰𝗼𝗺𝗺𝗼𝗻 𝗼𝗯𝗷𝗲𝗰𝘁𝗶𝘃𝗲: to make dispute resolution methods, including cross-border ones, even more accessible and efficient for consumers and businesses. As a committed player in the field of ADR, we aim to guide all organisations that provide aid to citizens and consumers in obtaining concrete solutions, outside the court. 👏 Many thanks to Professor Stefaan Voet and his team for the organisation of this event and their inspiring contributions over the past two days! #ADR #Consumer #Mediation #Collaboration #EUConsumer #EUConsumerADRConference #FacultyClub #Leuven #DisputeResolution

In this article for GNLU SRDC-ADR Magazine, Aditya Vikram Singh and I delve into the question of whether an Arbitrator, being a creature of contract, has the latitude to employ equitable principles while adjudicating over a dispute and ensure justice is done, to restrengthen arbitration as an effective and beneficial tool for dispute resolution. We have endeavoured to provide a brief analysis of certain controversial aspects from construction arbitrations, to test the premise.

Dear all, We are delighted to announce that Volume V, Issue I of the GNLU SRDC-ADR Magazine features an article titled “Ex-Facie Time Barred Claims: Broadened Scope of Section 11 Resting on a Shaky Foundation” by Mr. Rushil Anand. The article critically examines the evolving jurisprudence surrounding Section 11 of the Arbitration and Conciliation Act, 1996, focusing on how courts have increasingly intervened by refusing the appointment of arbitrators for claims deemed ex-facie time-barred. It highlights the tension between legislative intent and judicial interpretation, shedding light on the implications for arbitral autonomy and international arbitration norms. The full article can be accessed here: https://lnkd.in/dXrq-DkF We extend our heartfelt gratitude to the author for this insightful contribution to our magazine.

Partner Ioannis Alexopoulos will be attending the The London Court of International Arbitration (LCIA) Tylney Hall Symposium from 17-19 May. The symposium brings together experts on International Commercial Arbitration and ADR for a series of interactive workshops and open discussions. If you are also attending, do not hesitate to reach out to Ioannis! Read more about the symposium by following the link below. #InternationalArbitration #AlternativeDisputeResolution #CommercialArbitration

DIS goes Vis: The Innovation Breakfast - The New Supplementary Rules for Third-Party Notices This year's DIS goes Vis Breakfast on 25 March 2024, was dedicated to the new DIS Supplementary Rules for Third-Party Notices (DIS-TPNR). Stefan Kröll (DIS) welcomed the attendees and emphasised for how long DIS has been supporting the Vis Moot Court. He also stressed the innovative character of the DIS-TPNR which were subsequently presented and discussed by a panel moderated by Karollus-Bruner Daniela (CMS Reich-Rohrwig Hainz). Dr. Anna Kaehlbrandt (Hengeler Mueller) and Reinmar Wolff (DIS) introduced the set of rules and their background, Florian Cahn (Framatome) contributed from an inhouse perspective and explained the companies' need for a tool binding third parties to arbitral awards. Rafal Kos (Kubas Kos Gałkowski) added the international perspective and explained similarities and differences of Polish rules before state courts and in arbitration. Subsequently, the around 70 mooties, coaches, German and international practitioners present lively debated broader perspectives, technical details and the business case for the DIS-TPNR. Thank you to all attendees and speakers for your interest and dedication to such a challenging topic! #GermanArbitrationInstitute #DIS #Arbitration #InternationalArbitration #SupplementaryRules #ThirdPartyNotices #VisMoot #DISTPNR #TPNR

Shook Partner William Vita recently joined a panel discussion of Canadian attorneys and professors at a conference on class actions sponsored by the Quebec Bar Association in Montreal. “Class Actions and Artificial Intelligence” focused on the types of class actions that have arisen from issues involving artificial intelligence. Shook Partner Michelle Fujimoto and Associate Polly Tran supported the presentation with additional research. Read more: https://lnkd.in/eQxtu5gm

We are pleased to announce that Volume IV, Issue III of the GNLU SRDC-ADR Magazine features an article by Ritika Verma titled "Shifting Of Paradigm in Third-Party Participation In Arbitration." This article explores the dynamic role of third-party involvement in arbitration, emphasizing the need for and implications of including non-signatories in proceedings. The author examines the development of Indian jurisprudence, the application of doctrines such as the Group of Companies doctrine, and offers an analysis of landmark cases, including Chloro Controls and Cox & Kings. The article also addresses the practical challenges and benefits associated with the inclusion of third parties in arbitration. The full Article can be accessed here: https://lnkd.in/dchFvCyx We sincerely appreciate this valuable contribution to our magazine.

I really enjoyed preparing this first article (more to follow) with my colleague Igor Corelj on a matter in our view not discussed often enough. We focus on how from an Experts' perspective, tribunals can get the best from expert witnesses and how the right procedure can assist Experts in their work. Please do share your thoughts!

Extraordinary discussion about arbitration in the life science industry in the 10th WLSC at IBA. Many lessons about the complex issues, disputes, challenges with damages quantification, negotiation of the arbitration clause between the players in the industry.

This month began with Washington Arbitration Week, and I was pleased to attend the panel titled "Inside the Arbitrators' Chambers: Best Practices of Arbitrators in ICSID Proceedings." Listening to the insights of prominent global figures in international arbitration was an exceptional experience. The panel addressed several key topics, including: - The selection process of arbitrators and the practicality of the Rank and Strike method. - The relevance of choosing between in-person or remote proceedings based on the arbitration's stage. - The importance of maintaining equality of arms from the tribunal's perspective and ensuring reasonable submission lengths. - The necessity of effective communication between the tribunal and the parties involved - The expansion of the pre-hearing conference's scope to encompass additional elements beyond procedural matters. I would like to extend my thanks to Martina Polasek, Secretary General of ICSID, for graciously hosting this event, as well as to moderator Anna Holloway and the distinguished panelists, including Stanimir Alexandrov for their valuable contributions.