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“Twilight Issues” in International Arbitration

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

SIA and CICIA logosThis 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
  • privilege
  • 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).

Programme

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? 

Speakers:

  • 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?

Speakers:

  • 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

Directions

For directions to the venue, please refer to the map.

How to book

This event is free but prior booking is required. Register online via Eventbrite.

Contact

For more information, please contact the CCLS Events Team on ccls-events@qmul.ac.uk.

Photography, video and audio recording

Please note that CCLS events may be photographed or video and audio recorded. These materials will be used for internal and external promotional purposes only by Queen Mary University of London. If you object to appearing in the photographs, please let our photographer know on the day. Alternatively you can email the CCLS Events Team on ccls-events@qmul.ac.uk in advance of the event that you are attending.

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