3rd Athens International Arbitration Forum
Mandatory Rules in International Arbitration
3rd Athens International Arbitration Forum
Divani Caravel Hotel | 20.10.2022
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 +
- 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
- 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
II. Relationship between mandatory rules and public policy +
- 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
- 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.
III. Scope and standards of review of mandatory rules and public policy by national courts +
- 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
- 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
IV. Procedural mandatory rules and public policy +
- 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
- 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 all Keynote speakers +
- 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
- Constantin Calavros, Professor of Civil Procedure and Arbitration, President of the Greek Association for Arbitration, Managing Partner, Calavros Law Firm-Filios-Babiniotis-Kloukinas