ICC Archives

ICC and USCIB Host Singapore Minister to Discuss Trade Disputes in Asia

Published on June 12, 2017
Singapore’s Senior Minister of State for Law and Finance Indranee Rajah SC gives remarks

The ICC International Court of Arbitration and USCIB’s Arbitration Committee co-hosted Singapore’s Senior Minister of State for Law and Finance Indranee Rajah SC on May 22 in New York, attracting law professionals including arbitrators, counsel and academics. The keynote address was followed by a roundtable discussion of considerations when resolving disputes in Asia, such as when to litigate or arbitrate, the use of expedited procedure rules, investment treaty developments in the region and enforcement considerations in various jurisdictions.

“As economies in Asia continue to grow, dispute volume and complexity will rise,” said Minister Rajah in her remarks, which focused on Singapore as a place of arbitration.

Other panelists included Grant Hanessian, partner, Baker McKenzie, court member, ICC International Court of Arbitration and chair of the USCIB Arbitration Committee, Mevelyn Ong, associate, Sullivan & Cromwell and former deputy counsel, ICC International Court of Arbitration, Christopher K. Tahbaz, Partner, Debevoise & Plimpton LLP, Dan Tan, principal, Dan Tan Law and Edwin Tong, SC, partner, Allen & Gledhill LLP.

Giblin Attends ICC Customs, Trade Meetings in Dubai

Published on May 22, 2017
USCIB’s Megan Giblin (center, second row) along with business colleagues from ICC-UAE in Dubai

USCIB’s Director for Customs and Trade Facilitation Megan Giblin was in Dubai last week attending ICC-UAE and Dubai Chamber of Commerce and Industry co-hosted Customs and Trade Facilitation Forum. The Forum discussed a wide range of topics including Trade Digitalization, the World Trade Organization (WTO) Trade Facilitation Agreement (TFA) and the Gulf Cooperation Council value-added Tax Implementation Framework.

The UAE was the first country in the Arab world to ratify the WTO’s TFA, which entered into force earlier this year and promises to boost global trade flows by over $1 trillion this year and generate opportunities for easier, less costly cross-border trade.

According to Giblin, this meeting was a tremendous opportunity for the international business community to discuss the role the private sector can play to ensure effective implementation of the TFA and its potential for investment and regional supply chains.

Upcoming Arbitration Events: Global YAF

Published on May 15, 2017

International Chamber of Commerce (ICC) Global Young Arbitrators Forum (YAF) Event:

ICC Young Arbitrators Forum (ICC YAF) is organizing its 6th Global Conference in New York City on June 9-10, 2017 with a welcome reception on June 8. The conference will be hosted by Columbia Law School. The event will host preeminent speakers from Latin America, North America, Europe, Middle East and North Africa and Asia.

Additional program details, registration and a detailed agenda are available here.

Upcoming ICC Young Arbitrators Events

Published on April 25, 2017

The International Court of Arbitration of the International Chamber of Commerce is organizing two ICC Young Arbitrators Forum (YAF) events in New York and San Francisco. On May 1, ICC YAF is organizing an event on “Summary Adjudication in International Arbitration” in San Francisco which will feature a panel of young practitioners on the West Coast along with a presentation by the Counsel of the ICC’s North America case management team. You may register by contacting Melissa.bibbs@dlapiper.com.

The ICC YAF Global Conference will be held from June 9-10 in New York City at Columbia Law School with a welcome cocktail reception on June 8. The conference will feature keynote speeches, panel discussions, debates, and workshops on Third Party Funding and Damages, along with a special networking session called, “Friday Night Live”. This conference is aimed at young arbitration practitioners of approximately 40 years and under: counsel, arbitrators, corporate counsel or academics. This ICC YAF Global Conference is a unique opportunity for YAF members from all over the world to meet peers from all Chapters. Young practitioners from all continents will gather to exchange thoughts on international arbitration and share some fun together. For more information, please visit their website.

ICC YAF has also recently announced new regional representatives for its 2017-2019 mandate. Representing 40 countries and 53 cities, the elected representatives are tasked with promotion and development of the dynamic global network of young arbitration talent. USCIB would like to congratulate the following new representatives for the United States:

Andy Tuck, Alston & Bird, LLP, Atlanta

Seth Meyer, Kirkland & Ellis, LLP, Chicago

Silvia Marchili, King & Spalding, Houston

Marike Paulsson, University of Miami School of Law’s International Arbitration Institute, Miami

Floriane Lavaud, Debevoise & Plimpton, New York

Ignacio Zapiola, Cleary Gottlieb Steen & Hamilton, LLP, New York

Amy Endicott, Arnold Porter LLP, San Francisco

Chip Rosenberg, White & Case LLP, Washington DC

Mulligan Attends London ICC Meeting on Brexit, WTO

Published on April 3, 2017

London USCIB’s Senior Vice President for Policy and Government Affairs, Rob Mulligan, represented USCIB at International Chamber of Commerce (ICC) meetings with the World Trade Organization (WTO) and the British government on March 23 in London. The meeting was organized by ICC’s Trade and Investment Commission and focused on a wide range of global trade issues.  Ian Ascough, deputy director, multilateral trade, Department for International Trade, United Kingdom briefed ICC members on how the Brexit process will impact UK trade work.  He stressed their desire for a free trade agreement with the EU, no border in Ireland, and to be champions of free trade globally.  Ascough also noted that they will seek to secure a UK schedule in the WTO and build up their capability in the WTO. In discussing the implications of Brexit, Mulligan also raised business concerns related to trade, noting that “companies need sufficient transition times coming out of Brexit to address any changes related to customs, value chains, and regulatory requirements.”

Bernard Kuiten, head of external relations, WTO briefed the Commission on planning for the WTO Ministerial which will be held in Argentina this December.  Some areas that could be addressed in the Ministerial if member countries agree would include fisheries subsidies, e-commerce, services facilitation, agriculture, and investment.  The Commission also agreed to a suggestion by Mulligan to prepare a short paper on key ICC trade policy principles.

Business Finalizes Recommendations to G20 Sherpas

Published on March 22, 2017
USCIB President Peter Robinson and IOE President Daniel Funes de Rioja (2ns and 3rd from right, respectively) at the B20 session in Paris
USCIB President Peter Robinson and IOE President Daniel Funes (2nd and 3rd from right, respectively) at the B20 session in Paris

USCIB President and CEO Peter M. Robinson took part in today’s Special B20 Germany-OECD-BIAC meeting at the OECD in Paris, designed to provide coordinated private-sector input to the G20 leaders, in advance of a key G20 sherpas meeting this week in Germany. The main G20 leaders summit is scheduled for July 7-8 in Hamburg, Germany.

“Today’s meetings were important because we finalized key recommendations to the G20 sherpas on trade and investment policy, job-creation and the digitalization of the economy, among other topics,” said Robinson, who serves as co-chair of the B20 Employment and Education Task Force. “We hope the G20 governments will take these recommendations to heart.”

B20 President Jürgen Heraeus stated: “If we want to ensure future-oriented, sustainable economic growth, business has an important role to play. We are ready to do so. This cooperation offers the outstanding opportunity to shape global economic governance. Our global economy is changing rapidly. We are facing a multitude of risks: climate change, political conflicts, terrorism to name just a few. The G20 can serve as an agenda-setter.”

The B20 meeting was co-hosted by Business at OECD (BIAC), and OECD Secretary General Angel Gurria addressed the gathering. “Business at OECD provides continuity and expertise across G20 and B20 presidencies,” said Business at OECD Chairman Phil O’Reilly. “We support the OECD in its vital mission to improve domestic and global economic governance. At a time when trade and investment across borders are subject of much ill-informed debate, OECD evidence on the substantial benefits of open and competitive markets is more important than ever.”

Daniel Funes de Rioja, chairman of the International Organization of Employers, also took part in today’s meetings. Meanwhile, USCIB Senior Vice President Rob Mulligan participated in meetings in London around the conclusion of the G20 finance ministers meeting, which was notable in part for the ministers’ decision not to re-emphasize their shard commitment to resisting trade protectionism.

Following the conclusion finance ministers meeting, International Chamber of Commerce (ICC) Secretary General John Danilovich issued a statement calling on the G20 governments to commit to shared values of openness and cooperation.

“We continue to face the challenge of global growth being too low and benefiting too few,” said Danilovich. “This is the defining economic test of our times, and we urge all G20 economies to take concerted and urgent action to enable inclusive growth. A retreat into protectionism would be the wrong response to this challenge.”

Danilovich continued: “Trade and globalization are complex processes, but at their heart are some simple truths. Trade means more choice for consumers. It means lower prices, so the money in your pocket goes further. Companies that trade are more competitive, and create more and better-paid jobs. That’s why trade matters if we’re to deliver the increases in prosperity, and reductions in inequality, that G20 finance ministers rightly committed to realize this weekend.”

“The global business community is naturally concerned by any weakening of the G20’s decade-long stance on resisting protectionism. We remain encouraged that discussions on this issue will continue in the coming months at official level. ICC will do all it can to urge G20 leaders to take the strongest possible stance on maintaining open markets at their annual summit in Hamburg in July. Protectionism is no path to progress.”

UN Environment Assembly Focuses on Role of Business

Published on March 20, 2017
Kennedy at Nairobi UNEP Meetings
Kennedy representing the Business and Industry Major Group at UNEP meetings in Nairobi 

Norine Kennedy, USCIB’s expert on environment and climate change policy and one of two official business focal point representatives for the UN Environment Programme (UNEP), recently attended UN Environment Assembly (UNEA3) preparatory meetings in Nairobi (March 7-10). UNEA represents the world’s highest-level decision-making body on the environment with universal membership of all 193 UN Member States along with non-governmental organizations and the private sector. The meetings in Nairobi began discussions to develop a new framework of of pollution-related issues for potential decisions and pledges at UNEA3; a substantial element of this framework will be the role of business in causing, remediating and minimizing pollution. UNEA3 will take place from December 4-6 in Nairobi.

UNEA3’s theme will be, “Towards a Pollution Free Planet.”  In interventions during last week’s preliminary meetings, government and UNEP officials linked this broad topic with other policy concepts underpinning regulatory efforts, including the circular economy and sustainable consumption.   Several governments also emphasized connections with UN Sustainable Development Goals (SDGs).

“At this early stage, most attention seems to be directed at plastics in the marine environment, whether in the form of micro-plastics and smaller debris,  or as plastic bottles and plastic bags, with the push coming from Nordic countries, the EU and some African countries,” observed Kennedy. “Other issues under the other pollution sub-headings could still be proposed.

Led by UNEP Executive Director, Erik Solheim, and echoed by numerous government representatives, UNEA3 preparations for UNEA3 are placing a strong focus on business and industry as a source of solutions, resources, and actions, yet much needs to be done to afford adequate time and attention to contributions that business has made to addressing environmental challenges.  “In spite of extensive partnership and engagement by business with UNEP over decades, discussions last week frequently seemed to assume that business and industry was not already engaged in environmental and sustainability management,” noted Kennedy.   In her intervention on behalf of Business and Industry, Kennedy reminded governments and UNEP of the business community’s ongoing commitment to environmental stewardship and role in advancing innovative technologies to further all elements of sustainability.

Questions remain about how UNEP will identify and invite important business entities to the table, with an emphasis on geographical and sectoral representation, rather than anecdotal examples and individual CEOs.  USCIB will continue to advocate for U.S. business involvement and representation, working with UNEP and the U.S. Administration.

ICC Institute Advanced Training on the Conduct of the Proceedings and Case Management

Published on March 20, 2017

Registration is now open for the ICC Institute Advanced Training on the Conduct of the Proceedings and Case Management.

Location: San Francisco, CA

Description: This training is of an advanced level and will focus in depth on how the arbitrator should establish his or her authority over the parties throughout the proceedings, including hearings, and interact with his or her fellow-arbitrators. Attendees are supposed to already master the basics of ICC international commercial arbitration. The training will consist of presentations and interactive discussions using mock case scenarios designed to hone participants’ understanding of critical theoretical concepts while also emphasizing many practical aspects involved in conducting an international arbitration.

To register, please visit the registration website. Early Bird rate is available through March 31.

New ICC Arbitration Rules and Note

Published on March 20, 2017

International Law And Human Rights ConceptThe International Chamber of Commerce (ICC) International Court of Arbitration recently adopted new ICC Arbitration Rules and Note, which was approved by the Bureau of the Court on February 22 and went into effect earlier this month. The Note consolidates previously existing notes into one cohesive guidance document.

“The Note is an important step towards the implementation of our new policies to foster the efficiency and the transparency of ICC arbitrations. The possibility for any party to seek the provision of reasons for a wide range of Court decisions is a landmark change as well as a message of accountability to our users,” said President of the Court Alexis Mourre.

The Note also introduces a wide range of additional services that are now available to the parties in ICC cases, such as the recommendation of administrative secretaries, services for the organization of the hearing, the organization of transparent proceedings or the use of sealed offers.

Additional information on the Note can be found here.

ICC and USCIB Hold Educational Events on Arbitration

Published on March 6, 2017
Emmanuel Gaillard, visiting professor at Yale Law School and head of International Arbitration at Shearman & Sterling LLP
Emmanuel Gaillard, visiting professor at Yale Law School and head of International Arbitration at Shearman & Sterling LLP

The International Court of Arbitration of the International Chamber of Commerce (ICC) and USCIB’s Arbitration Committee organized two educational events in New York last month—the fifth annual Proskauer Lecture on International Arbitration on February 21 and the Eleventh Vis Moot Practice Session on February 24.

The Proskauer Lecture is organized jointly by ICC, USCIB, Proskauer, and Columbia University School of Law’s Center for International Commercial and Investment Arbitration Law. As in previous years, the lecture featured a globally-renowned expert delivering a lecture to the international dispute resolution community in New York. This year’s expert lecturer was Emmanuel Gaillard, visiting professor at Yale Law School and head of International Arbitration at Shearman & Sterling LLP who spoke on the topic: International comity, ‎lis pendens, res judicata: Do the principles of judicial practice apply to international arbitration? “Emmanuel Gaillard gave a tour de force lecture on comity that has gotten people talking about the issue and even thinking about it in a different manner,” noted Peter Sherwin, Partner at Proskauer. “Through presentations like his, the Proskauer Lecture has become a must-attend event for the international arbitration community in New York and beyond.” A summary of Gaillard’s lecture will appear in the next issue of the Global Arbitration Review (GAR).

A few days later, Dentons LLP hosted eight universities in the eleventh annual ICC/USCIB Vis Moot Practice Session. Participating law schools included the University of Bucharest, Brooklyn Law School, Cardozo, Fordham University, New York University, Pace Law School, Rutgers Law School and St. John’s University School of Law. The practice session serves as an invaluable opportunity for teams to hone their arguments in front of mock arbitrators prior to The Annual Willem C. Vis International Commercial Arbitration Moot in Vienna (April 7-13) or Hong Kong (March 26 – April 2), during which times teams from around the globe will compete in a mock arbitration. John Hay, partner at Dentons LLP stated that “Events like this provide for all the participants a worthwhile learning experience where they see, firsthand, which presentation styles and techniques work, and which do not.”

Consistently growing since its inception eleven years ago, the Vis Moot Practice Session gathered nearly thirty arbitration practitioners who volunteered their time and expertise to serve as mock arbitrators and provide feedback to teams before the real competition commences in Vienna or Hong Kong. Speaking on the networking opportunities presented to law students and future arbitration practitioners, Soeun (Nikole) Lee, deputy director, head of ICC Young Arbitrators Forum North America Chapter, stated that “the VIS moot is the best introduction to international arbitration as a student.  It is intellectually challenging, fun, and a phenomenal opportunity to meet future colleagues and mentors.   ICC VIS moot practice session serves as a great “moot for the Moot”.  We were very impressed at the students’ level of preparation and quality of arguments.”