ICC Archives

University of Houston Law Center wins ICC Mediation Competition 2015

Published on February 13, 2015
University of Houston Law Center winners Rose Badruddin and Brandon Schrecengost
University of Houston Law Center winners Rose Badruddin and Brandon Schrecengost

The University of Houston Law Center has won the International Chamber of Commerce (ICC)’s 10th International Commercial Mediation Competition, taking the title after a thrilling final against the University of Sao Paolo.

The competition, which ran from February 6-11 in Paris, is ICC’s biggest educational event and the only moot devoted exclusively to international commercial mediation and is open to law and business schools worldwide.

Featuring some 150 mock mediation sessions based on real commercial disputes, the 2015 Competition tested the problem-solving skills of 67 teams from 34 countries, making it the biggest and most diverse yet.

University of Houston Law Center was represented by students Rose Badruddin and Brandon Schrecengost, who won internships at the ICC International Center for ADR, and the Center for Effective Dispute Resolution, as part of the Competition prize.

“I’m ecstatic!” said Schrecengost. “To get this far and eventually win is beyond anything we could have hoped for.”

Badruddin added: “Lawyers are usually taught to be independent but I think one of the biggest lessons of this competition for me is: trust yourself, but also trust your partner.”

The team was selected for their “good social dynamics” during their university’s series of mediation, negotiation, and arbitration competitions, according to coach Kevin Hedges, a practicing attorney who teaches at the University of Houston and has been a moderator, mediator and arbitrator. He added: “The competition has gotten much more competitive every year. It’s invaluable for the students to meet their peers from around the world and interact with them both socially and professionally.”

Throughout the competition, professional mediators drew on their own experiences of resolving business disputes to act as mediators and judges, while students played the roles of client and legal counsel. The final session involved a complex dispute over the low yields of a newly acquired vineyard on a South Pacific Island.

Read more on ICC’s website.

Staff contact: Josefa Sicard-Mirabel

Global Business Stands Up for Strong Investor-State Dispute Settlement Rules

Published on February 9, 2015

Tablet computer, smartphone and newspapersThe Financial Times has published a letter from the head of the International Chamber of Commerce forcefully rebutting some of the more widespread canards, circulating in Europe and elsewhere, concerning investor-state dispute settlement (ISDS). (See below for the full text of the letter.)

ISDS provisions provide for the referral of disputes between foreign investors and host governments to neutral tribunals, rather than local courts, in cases of expropriation or other government actions that impact a company’s investment. Strong ISDS rules have been developed over the years via numerous European, U.S. and other trade and investment agreements as a way to promote cross-border investment, by providing a measure of certainty in investment decisions that might otherwise be lacking.

ISDS has emerged as a major lightning rod for opponents of the Transatlantic Trade and Investment Partnership (TTIP), which seeks to remove many remaining barriers to cross-border commerce between the United States and the European Union.

In his letter, ICC Secretary General John Danilovich said that “too much of the recent European debate on investor-state dispute settlement (ISDS) has been driven by hearsay, superstition and myth,” and that anti-ISDS fervor has been largely motivated by misplaced anti-Americanism. Sixty percent of recent ISDS cases worldwide, he noted, were launched by European investors.

“A gold-standard agreement in TTIP,” Danilovich wrote, “could play a central role in fostering improved conditions for a much-needed expansion of global investment flows.”

Text of the ICC letter to the Financial Times on investor-state dispute settlement:

Financial Times

February 9, 2015

Letters

Ditching investor-state dispute settlement may come at quite a cost

Sir, John Kay is no doubt correct to conclude that excluding investment protection standards from the Transatlantic Trade and Investment Partnership would make it “much easier” to sell the proposed deal to a sceptical European public (“Free trade should not put democracy in the dock”, February 4). But would this be the right thing to do?

While greater public engagement in trade policy making is welcome, too much of the recent European debate on investor-state dispute settlement (ISDS) has been driven by hearsay, superstition and myth. Professor Kay shows that even the most reasoned commentators can fall into this trap, casually depicting big — “predominantly American” — businesses as rapacious users of ISDS.

The facts tell a different story: ISDS cases remain relatively rare and almost 60 per cent of claims filed over the past five years have been made by European investors. The importance of fact-based policy making is emphasised by the global dimension to the TTIP talks. Estimates may vary about the economic value of a transatlantic investment pact, but it would be short-sighted to ignore the negative precedent that a weak or non-deal would set for future negotiations.

By contrast, a gold-standard agreement in TTIP could play a central role in fostering improved conditions for a much-needed expansion of global investment flows. Prof Kay would be well advised not to lose sight of this broader perspective: ditching ISDS from TTIP might be the easy thing to do, but it may come at quite a cost in the long run.

John Danilovich
Secretary General,
International Chamber of Commerce,
Paris, France

View this letter on the Financial Times website (paid login may be required)

 

 

Speaker Announcement: Gil Kerlikowske, CBP

Published on January 30, 2015

icc/uscib customs and trade facilitation symposium: finding solutions to cross-border challenges

Keynote Speaker Confirmed:

R. Gil Kerlikowske

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We are pleased to announce that Gil Kerlikowske, Commissioner of U.S. Customs and Border Protection, will be a keynote speaker at the ICC and USCIB Customs and Trade Facilitation Symposium from February 22 to 24 in Miami, Florida. As commissioner, Kerlikowske oversees the dual U.S. Customs and Border Protection mission of protecting national security objectives while promoting economic prosperity and security. His insights into international customs operations will be invaluable at the event.

R. Gil Kerlikowske was nominated by President Obama and sworn in on March 7, 2014 as Commissioner of U.S. Customs and Border Protection taking the helm of the 60,000-employee agency with a budget of $12.4 billion. As Commissioner, he runs the largest federal law enforcement agency and second largest revenue collecting source in the federal government. Most recently, he served as Director of the White House Office of National Drug Control Policy.

Mr. Kerlikowske brings four decades of law enforcement and drug policy experience to the position, including as Chief of Police for Seattle, Washington; as Deputy Director for the U.S. Department of Justice, Office of Community Oriented Policing Services; Police Commissioner of Buffalo, New York; and in the police department in St. Petersburg, Florida.

Register Now!

ICC and USCIB Customs & Trade Facilitation Symposium:

Finding Solutions to Cross-Border Challenges

February 22-24, 2015

The Four Seasons Hotel | Miami, Florida, USA

Limiting cross-border friction is increasingly vital to smooth the flow of trade and boost competitiveness for all business, especially for small and medium sized companies and emerging industry sectors. This conference brings business, government, international organizations and operational customs and trade experts together from the world over for an important dialogue on the most effective means to ease the movement of goods and services between countries along supply chains.

Topics Will Include:

  • Best regional practices and global cooperation on single window initiatives
  • de minimis
  • Intellectual property rights, and supply chain solutions
  • Balancing security and trade facilitation
  • WTO Trade Facilitation Agreement: implementation and challenges

If you wish to register via fax or email, please click here for the registration form.

For questions please contact Diana Jack at djack@uscib.org or (202) 617-3156.

For information on how you can become a sponsor contact Abby Shapiro at ashapiro@uscib.org or (617) 515-8492.

Southeast Asia Tanker Hijacks Rose Despite Global Drop in Sea Piracy

Published on January 23, 2015

4944_image002Attacks against small tankers off Southeast Asia’s coasts caused a rise in global ship hijackings, up to 21 in 2014 from 12 in 2013, despite piracy at sea falling to its lowest level in eight years, the International Chamber of Commerce (ICC) International Maritime Bureau (IMB) has revealed. Pirates took 442 crewmembers hostage, compared with 304 in 2013.

IMB’s annual piracy report shows 245 incidents were recorded worldwide in 2014 – a 44% drop since Somali piracy peaked in 2011. Somali pirates were responsible for 11 attacks, all of which were thwarted. However, IMB warns shipmasters to follow the industry’s Best Management Practices, as the threat of Somali piracy has not been eliminated.

Worldwide, 21 vessels were hijacked last year, 183 were boarded, and 13 fired upon. Pirates killed four crewmembers, injured 13 and kidnapped nine from their vessels.

“The global increase in hijackings is due to a rise in attacks against coastal tankers in Southeast Asia,” said Pottengal Mukundan, director of IMB whose Piracy Reporting Centre has monitored world piracy since 1991. “Gangs of armed thieves have attacked small tankers in the region for their cargoes, many looking specifically for marine diesel and gas oil to steal and then sell.”

Citing the death of one crewmember shot on his bitumen tanker in December, the IMB report highlights the possibility of the hijackings becoming increasingly violent. Most of the 124 attacks in the region were aimed at low-level theft from vessels using guns and long knives.

IMB offers the latest piracy reports free of charge. To request a PDF version of the report by email, please click here.

More on the ICC website.

 

Miami Symposium to Spotlight Eliminating Red Tape in Global Trade

Published on January 21, 2015

4940_image001New York, N.Y., January 21, 2015 – How can governments and the business community work together to stimulate growth by reducing bottlenecks in cross-border trade? The United States Council for International Business (USCIB) will hold a major conference to address this topic next month in Miami.

USCIB will partner with the International Chamber of Commerce (ICC), the Paris-based world business organization for which it serves as the U.S. national committee, to hold the ICC and USCIB Customs & Trade Facilitation Symposium: Finding Solutions to Cross-Border Challenges, February 22-24 at the Four Seasons Hotel in Miami.

“International trade is critical to keeping the global economy moving forward,” said USCIB President and CEO Peter Robinson. “In a world of just-in-time delivery and highly integrated global supply chains, unnecessary and burdensome barriers to trade can cost companies and national economies billions of dollars. This symposium will help forge a path toward removing the red tape that can complicate cross-border commerce.”

The symposium will feature a strong lineup of policy makers and other speakers from around the world, including:

  • Kunio Mikuriya, secretary general, World Customs Organization
  • Harold McGraw, chairman, McGraw Hill Financial [now S&P Global] and chairman of both ICC and USCIB
  • Brenda Brockman Smith, assistant commissioner, U.S. Customs and Border Protection
  • Lev Kubiak, assistant director, U.S. Immigration and Customs Enforcement
  • Virginia Brown, director, U.S. Agency for International Development
  • Norm Schenk, vice president, UPS and chair, ICC Customs and Trade Facilitation Commission
  • Jerry Cook, vice president, Hanesbrands and chair, USCIB Customs and Trade Facilitation Committee.

In November, members of the World Trade Organization (WTO) took a welcome step toward lifting some of the administrative burdens on traders when they agreed to implement the landmark WTO Trade Facilitation Agreement (TFA). Once implemented, the TFA is expected to spur global economic growth and create some 21 million new jobs – 18 million in developing countries – while adding $1 trillion to global GDP.

In addition to the TFA, the symposium will address work being done worldwide on “single window” initiatives, trusted-trader programs and the expansion of the Panama Canal, among other things. The full conference agenda is available at www.icc-uscib-customs-event.org.

About USCIB:

USCIB promotes open markets, competitiveness and innovation, sustainable development and corporate responsibility, supported by international engagement and regulatory coherence. Its members include U.S.-based global companies and professional services firms from every sector of our economy, with operations in every region of the world. With a unique global network encompassing leading international business organizations, including ICC, USCIB provides business views to policy makers and regulatory authorities worldwide, and works to facilitate international trade and investment. More at www.uscib.org.

ICC and WCO Secretaries General Meet to Talk Business and Customs

Published on January 13, 2015
L-R: John Danilovich (ICC), Kunio Mikuriya (WCO) and Norman Shenk (UPS).
L-R: John Danilovich (ICC), Kunio Mikuriya (WCO) and Norman Shenk (UPS).

International Chamber of Commerce (ICC) Secretary General John Danilovich met with World Customs Organization (WCO) Secretary General Kunio Mikuriya at WCO Headquarters in Brussels earlier this week to discuss ways to strengthen the relationship between the world business community and the WCO to facilitate cross-border trade.

Joined by Norman Shenk, chair of the ICC Commission on Customs and Trade Facilitation and UPS vice president of global customs policy and public affairs, Danilovich highlighted the role of the ICC World Chambers Federation in co-administering the ATA Carnet System and cooperating with the WCO in the area of Certificates of Origin.

ICC also supports the WCO with the Business Action to Stop Counterfeiting and Piracy (BASCAP) initiative to stop counterfeited goods at borders and prevent free trade zones from becoming hotspots for illicit trade and organized crime groups.

Discussions included specific challenges that small- and medium-sized enterprises (SMEs) encounter when trading across borders, customs valuation ceilings for goods known as de minimis, rules of origin and the increasing importance of e-commerce and global value chains.

Thanking Mikuriya for making the customs-business cooperation a priority, Danilovich also reaffirmed ICC’s ongoing support for the WCO’s work on trade facilitation and in particular for the implementation of the World Trade Organization (WTO) Trade Facilitation Agreement (TFA) that aims to enhance trade flows.

“Given that the agreement deals almost entirely with Customs-related topics, trade ministries, Customs and business must all be involved at country-level to ensure the TFA’s successful implementation,” Danilovich said.

Mikuriya has emphasized on many occasions that Customs and business are natural allies in trade facilitation. Both he and Danilovich will speak at the upcoming Customs and Trade Facilitation Symposium, hosted by ICC and USCIB in Miami from February 22 to 24.

Full House ICC Conference Elucidates New EU Rules on Genetic Resources

Published on January 8, 2015

4926_image002The International Chamber of Commerce (ICC) hosted a conference in Paris on November 24 and 25 which shed light on the new European Union (EU) regulation regarding Access and Benefit-sharing (ABS). ABS refers to the way in which genetic resources such as plant and animal products may be legally accessed, and how users and providers reach agreement on the fair sharing of the benefits that arise from the use of these products.

The United Nations Convention on Biological Diversity concluded the Nagoya Protocol in 2010, which provides an international framework for establishing national regimes on ABS.

Featuring a panel of high-level speakers representing government agencies and the private sector, ICC’s sold-out event brought together executives and policymakers to discuss how the new regulation affects their daily operations. The two-day conference convened over 120 participants from 16 countries representing a wide variety of sectors including cosmetics, pharmaceuticals, biotechnology, plant and animal breeding, collections and museums, as well as government representatives.

“It is very important to get to know better the new EU regulation as it may affect any professional involved in the manufacturing, development and distribution of genetic resources,” said Alicja Kozlowska, ABS policy officer of the European Commission.“The conference was a unique opportunity to throw some light on the scope of the obligations flowing from the regulation.”

The first day of the event featured an overview of the new EU ABS regulation covering topics such as scope and due diligence requirements under national and international regimes.The second day featured a program of technical workshops on tools to facilitate compliance, as well as commercialization and transactions with customers and licensees inside and outside the EU. Afternoon sessions highlighted industry best practices with panelists who shared their best practices.

ICC played an active role coordinating business participation in the Nagoya Protocol negotiations and continues to coordinate business input in the process of national implementation of the protocol.

 

Alexis Mourre Nominated to Lead ICC’s International Court of Arbitration

Published on January 5, 2015
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Alexis Mourre

The International Chamber of Commerce (ICC) Executive Board has recommended that Alexis Mourre be appointed to succeed John Beechey as President of the ICC International Court of Arbitration®. Mourre’s presidency will begin on July 1, 2015. The recommendation will be submitted to the ICC World Council for approval at its meeting in Turin, Italy in June 2015.

The International Court of Arbitration® is the world’s leading body for the resolution of international disputes by arbitration. Each year, numerous parties, arbitrators and lawyers from countries of every economic, political and social system are present in ICC arbitrations.

“It is for me a great honor and privilege to have been selected to succeed John Beechey,” said Mourre. “I warmly thank the Selection Committee, the ICC Executive Board and the ICC Chairmanship for their trust. I look forward to building on the successes of the outgoing presidency to continue improving the quality and efficiency of the services provided by the ICC International Court of Arbitration®.”

A vice president of the ICC Court, Mourre is a member of the Paris Bar and the founding partner of Castaldi Mourre & Partners, a leading boutique international arbitration and litigation practice. Mourre’s longstanding links with ICC also include service as a vice president of the ICC Institute of World Business Law.

The USCIB International Bookstore offers titles derived from the acclaimed work of the ICC’s commissions and institutions, including the International Court of Arbitration®.

All Set for New ICC Dispute Resolution Rules Global Launch

Published on December 9, 2014

gavelThe International Chamber of Commerce (ICC) will launch its new 2015 ICC Expert Rules in January, with international events in three of the world’s major dispute resolution hubs. Entering into force on February 1, 2015, the Rules will be available in English, Spanish and French, helping to solve cross-border commercial disputes worldwide.

The 2015 ICC Rules set out new parameters for ICC expert services, clarifying how parties can use experts and neutrals to help resolve their cross-border disputes at each step of the way. They will be administered by the ICC International Center for Alternative Dispute Resolution (ADR).

“The new set of rules clarifies the broad range of expert services the Center offers with a view to supporting companies and states all around the world to efficiently resolve their complex commercial disputes,” said Christopher Newmark, chair of the ICC Commission on Arbitration and ADR.

Drawing on ICC’s 40-year experience in cross-border dispute resolution, and with specialist input from its membership in over 90 countries, the ICC Commission on Arbitration and ADR will replace the current ICC Rules for Expertise with three new sets of rules. Each covers a distinct area of ICC’s dispute resolution services: the Proposal of Experts and Neutrals, the Appointment of Experts and Neutrals, and the Administration of Expertise Proceedings.

“International business has turned to ICC for many years to identify the most suitable experts for the resolution of technical, financial or legal issues,” said Peter Wolrich, head of ICC’s Taskforce for the Revision of the Expert Rules. “And will certainly continue to do so under the new sets of rules.”

The ICC Expert Rules will be officially unveiled in New York on January 27, 2015.

Staff contact: Josefa Sicard-Mirabel

Australia to Host ICC WCF 10th World Chambers Congress

Published on December 8, 2014

Following a competitive bidding and selection process, Sydney Business Chamber and New South Wales Business Chamber will host the International Chamber of Commerce World Chambers Federation (WCF) 10th World Chambers Congress, which will be returning to the Asia-Pacific region in 2017. WCF is a specialized division of ICC encompassing chambers of commerce from every region of the world.

Under the theme “Sydney: Where Business Connects,” the Australian chambers’ bid presented not only a vibrant city but also a global hub for business opportunities and a new convention centre that will host the future Congress. From exciting outdoor programs to intriguing session proposals, the Australian team successfully highlighted the chambers’ strengths and determination to bring the Congress forward.

“Our commitment to the International Chamber of Commerce’s World Chambers Federation’s mission has been unwavering. Australian chambers have attended every Congress since its inception,” said Stephen Cartwright, CEO of Sydney and New South Wales Business Chambers. “We are extremely excited to open our doors to our colleagues around the world for an unforgettable experience.”

The upcoming 9th World Chambers Congress will be held in Torino, Italy in June 2015. For more information visit the World Chambers Congress website.

Staff contact: Cindy Duncan