5th Hamburg International Arbitration Day

SELECTED ISSUES OF MULTI“PARTY” ARBITRATION Non-Signatories, Joinder and Consolidation

DateTuesday, March 23, 2021
Time2:00pm - 6:30pm (CET)
Venueonline via Zoom and Wonder

Many international projects and transactions involve more than just two parties. As a consequence, disputes arising from them can be settled effectively only if all parties involved participate in the resolution of these disputes. In the context of arbitration, the problem is often that those parties are not signatories of the same arbitration agreement or have not signed an arbitration agreement at all. That raises difficult questions to what extent such non-signatories can be bound by the arbitration agreement or can be joined to an arbitration already initiated.

The Center for International Dispute Resolution at Bucerius Law School, CAM-CCBC, HAC and Rechtsstandort Hamburg e.V. invite you to join the debate on Selected Issues of Multi“party“ Arbitrations.

 

Registration

Please register until March 18, 2021 by clicking on the button below.

                      Registration                      

Schedule

2:00pmWelcome Address 
Professor Dr. Stefan Kröll | Bucerius Law School, Hamburg
Luíza Kömel | CAM-CCBC, São Paulo
2:15pm

Recent Developments on Binding Non-Signatories: the (Latin-)American Perspective
Professor Dr. Fabiane Verçosa | FGV Law School in Rio de Janeiro – FGV Direito Rio; Carvalho, Machado e Timm Advogados, Rio de Janeiro

Recent Developments on Binding Non-Signatories: the European Perspective
Professor Dr. Stavros Brekoulakis | Queen Mary University of London; 3 Verulam Buildings, Gray’s Inn, London

3:30pm

Coffee Break
4:00pm

Joinder and Consolidation in (Latin-)America
Professor Dr. Flavia Mange | UNESP; Mange & Gabbay, São Paulo

Joinder and Consolidation under the Swiss Rules and Similar Developments
Professor Daniel Girsberger | University of Lucerne; Wenger & Vieli, Zurich

5:15pmCoffee Break
5:30pm

A Need for Special Joinder Rules: Proposals from Germany
Dr. David Quinke | Gleiss & Lutz, Düsseldorf

6:15pm

Closing Remarks
Dr. Elke Umbeck | Hamburg Arbitration Circle

6:30pm

Virtual Networking Event

Contact

Center for International Dispute Resolution
Bucerius Law School – Hochschule für Rechtswissenschaft gGmbH
Email: cidr(at)law-school.de

Professor Dr. Stefan Kröll, LL.M.
Professor for International Dispute Resolution
Center of International Dispute Resolution
Email: stefan.kroell(at)law-school.de

Professor Dr. Karsten Thorn, LL.M.
Chair of Civil Law V - Civil Law, Private Internationaland International Commercial Law,
and Comparative Law
Center for International Dispute Resolution
Email: karsten.thorn(at)law-school.de

Hosts

Speakers

Professor Dr. Stavros Brekoulakis

Stavros Brekoulakis is a Professor in International Arbitration, the Director of the School of International Arbitration at Queen Mary University of London and an arbitrator at 3 Verulam Buildings (Gray’s Inn).

His academic work includes the leading publications on Third Parties in International Arbitration (OUP 2010), Arbitrability (Kluwer 2008), ICCA-Queen Mary Report on Third Party Funding (2018) and numerous publications in leading legal journals and reviews. He serves in several public positions and commissions of trust including being a member of the LCIA Court, ICC Commission on Arbitration, Investment Expert Trade Advisory Group of the UK Department for International Trade, Steering Committee of the UNCITRAL Academic Forum on ISDS, . He is the Editor-in-Chief of CIArb’s International Journal of Arbitration, Mediation and Dispute Management, General Editor of Journal of International Dispute Settlement, and Co-editor of Kluwer’s International Arbitration Law Library series.

Brekoulakis is a well-regarded arbitrator regularly listed in Who’s Who Legal: Arbitration beingpraised as a “reigning thought leader in the arbitration space” and “one of the great minds in the international arbitration world” with “a seemingly encyclopaedic recall of jurisprudence.

Professor Daniel Girsberger

Daniel Girsberger is a founding member of the Faculty of Law of the University of Lucerne and a tenured professor for Swiss and International Private, Business and Procedural, as well as Comparative Law. Before accepting the Lucerne assignment, he taught at the University of Zurich law school. He is also of counsel at Wenger & Vieli Ltd., a major Zurich business law firm.

Daniel Girsberger completed his legal and doctoral studies at the University of Zurich, where he also taught as an adjunct professor. He has an LL. M. in Common Law Studies from Georgetown University Law School (Washington, D.C.), where he also spent time as a Visiting Scholar, as well as at the Max-Planck Institute for Foreign and International Private Law in Hamburg. He has taught as an adjunct at various universities and institutions abroad, such as in Brazil, Lithuania, the United States, South Africa, and the Academy for International Law in The Hague, and participated as a member of the Swiss delegation at the Hague Conference for Unification of International Private Law. He headed the Working Group on Choice of Law of the Hague Conference on Private International Law (2010-2015). He is also the Vice President of the Board of the Swiss Association for International Law and a member (and former head) of the editorial committee of the Swiss Review of International and European Law. Daniel Girsberger is the author of numerous publications focusing primarily on international business law, arbitration, and ADR. He has also frequently acted as chairman, as arbitrator and counsel in numerous international and domestic arbitration proceedings, both institutional and ad hoc, and has been an expert witness in a multitude of international litigation and arbitration proceedings. He is also a certified mediator. Daniel Girsberger is a Member of the Arbitration Court of the Swiss Chambers’ Arbitration Institution, as well as a Member of its Advisory Council for Mediation.

Luíza Kömel

Luíza Kömel is Deputy Secretary General of the CAM-CCBC (Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada). She has obtained her law degree from the University of São Paulo (USP) and is certified in civil law by the University of Paris II: Pantheón-Assas. She has experience as counsel and case manager in domestic and international arbitration proceedings and organizes international arbitration and mediation academic competitions. She has been recently admitted as a fellow of CIArb.

Professor Dr. Stefan Kröll

Stefan Kröll is Professor of International Dispute Resolution at Bucerius Law School in Hamburg, co-director of its Center for International Dispute Resolution, and independent arbitrator. In addition, he is one of the directors of the Willem C. Vis Arbitration Moot Court and Germany’s national correspondent to UNCITRAL for arbitration. He is also a visiting professor at the School of International Arbitration at CCLS (Queen Mary, University of London) and has acted as an advisor and consultant for the relevant organisations of the German Government (GIZ, IRZ) and USAID in various countries. UNCITRAL has retained him as one of the three experts to prepare the Digest on the Model Law on International Commercial Arbitration.

Stefan has acted as arbitrator or emergency arbitrator in over 90 cases and is regularly listed as one of the leading arbitrators in Germany (Band 1; Arbitration Practitioner of the year 2017). He has been a Visiting Fellow at NYU School of Law (3/12 and 09/18) and Cambridge University (academic year 2014/2015). Stefan has published widely in the field of international commercial arbitration and commercial law, including the books “Comparative International Commercial Arbitration” (co-authored with Lew/Mistelis), “International Commercial Arbitration – A transnational perspective” (co-authored with Várady/Barceló), “Arbitration in Germany – The Model Law in Practice” (co-editor with Böckstiegel/Nacimiento), “Conflict of Law in Arbitration” (co-editor with Ferrari), and “CISG – A Commentary” (co-editor with Mistelis/Perales Viscacillas).

Professor Dr. Flavia Mange

Flavia Foz Mange is Partner at Mange & Gabbay based in São Paulo, Brazil and Professor at UNESP School of Law Master Program.

Flavia Mange acts as arbitrator and handles arbitration and litigation before Arbitral Tribunals, Courts and Administrative Bodies. Before founding Mange & Gabbay, Flavia worked in well-known law firms in São Paulo and had in-house experience as Latin America litigation manager at Hewlett-Packard. She was a trainee at Shearman & Sterling and at Freshfields Bruckhaus in Paris.

In addition, Flavia is in the executive committee of the Rising Arbitrators Initiative. She was Editor-in-chief of the Revista Brasileira de Arbitragem (2018-2020) and Secretary to the ICC Brazil Commission on Arbitration and Mediation (2019-2020) and ICC YAF Representative for Latin America (2017-2019).

She has a masters’ and a doctors’ degree international law from the University of Sao Paulo (USP) and an LL.M from the New York University (NYU, class of 2007). She was an exchange student at Ludwig Maximilian University of Munich (LMU, 2001-2002), visiting researcher at Harvard Law School (HLS, 2011) and a guest lecturer at Trinity College Dublin LL.M. Program (TCD, 2015). Flavia is admitted to practice in Brazil and New York.

Flavia published the following books: “Processo Arbitral Transnacional” (Transnational Arbitral Procedure) and “Medidas de Urgência nos Litígios Comerciais Internacionais” (Emergency measures in International Commercial Litigation) and several articles. She integrates the roster of arbitrators of the most prestigious arbitral institutions. Flavia is constantly listed in ranks such as Who’s Who Future Leaders in Arbitration (2017, 2018, 2019, 2020 and 2021), being twice listed as the most highly regarded future leaders in the Americas; and Leaders League in Arbitration and Litigation (2017, 2018, 2019 and 2020).

Dr. David Quinke

Dr. David Quinke is a litigation and arbitration partner at Gleiss Lutz in Dusseldorf. He is recognized as one of Germany’s leading advisors in corporate disputes (JUVE), and as a global leader in arbitration (WWL/gar). He sits on the advisory board of the German Arbitration Institute (DIS), and was a member of the committee that drafted the 2018 DIS Arbitration Rules. He studied at the universities of Trier, Aix-en-Provence and Bonn (Dr. iur.) as well as at Boston University School of Law (LL.M., Fulbright Fellow), and contributes to several standard arbitration- and corporate-commentaries.

Dr. Elke Umbeck

Elke Umbeck is a German lawyer (Rechtsanwältin) and partner of the German independent law firm Heuking Kühn Lüer Wojtek (ranked among the top ten German law firms) with more than 400 lawyers and eight offices in Germany since 2008. Elke Umbeck is based in Hamburg and co-heads the law firm’s litigation and arbitration practice group since 2008.

With over 20 years of experience Elke Umbeck regularly acts as arbitrator (sole arbitrator, party appointed arbitrator and presiding arbitrator) and counsel in national and international commercial arbitration (ad hoc, CEAC, DIS, ICC, SCC etc) and advises national and foreign clients in complex disputes. Having started her career in the corporate practice group of an international law firm she is dedicated in particular to corporate and post M&A disputes, but her area of practice also covers energy law (e.g. gas price revision and gas storage price revision disputes), construction and general commercial and trade law.

Professor Dr. Fabiane Verçosa

Fabiane Verçosa has distinguished experience in Arbitration, either acting as a lawyer or as an arbitrator. The disputes in which she has participated involves various fields of business, such as Engineering and Construction, Oil, Steel Industry, Electric Energy, M&A, Real Estate, Automotive and Corporate matters. She is a partner of the Brazilian Law Firm Carvalho, Machado e Timm Advogados. She has been acting in the Arbitration field for 20 years.

In addition to having joined distinguished Law Firms in Rio de Janeiro, she has also acted as counsel in major Brazilian companies, one of which is the affiliate of a German group.

Fabiane Verçosa holds a master’s degree in International Law from the University of the State of Rio de Janeiro (UERJ) and a S.J.D. in International Law (UERJ). In 2008 she was a visiting scholar in Max-Planck-Institut für ausländisches und internationales Privatrecht in Hamburg, in order to research for her S.J.D. thesis. In 2017 she was once again in Max-Planck-Institut Hamburg as a visiting scholar, for PostDoctoral researches in the field of Arbitration.

Since 2020, Fabiane has been teaching Arbitration at FGV Law School in Rio de Janeiro – FGV Direito Rio. And since 2008, she has been teaching Arbitration and Private International Law in PostGraduation Courses in FGV Direito Rio.

 She is currently Editor-in-Chief of Revista Brasileira de Arbitragem - RBA (“Brazilian Arbitration Journal”), published by Kluwer Law. She is also a member of the Arbitration Commission of International Chamber of Commerce (ICC), of Brazilian Arbitration Committee (CBAr), and of Brazilian Institute of Construction Law (IBDiC). Fabiane also joins the arbitrators’ list of the following Brazilian arbitral institutions: CAM-CCBC, CBMA, CAMARB and CAMESC.

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