Arbitration with State-Parties
28 March 2023, Hamburg
|Date||Tuesday, 28 March 2023|
|Venue||Bucerius Law School, Helmut Schmidt Auditorium Jungiusstr. 6, 20355 Hamburg|
|Fees||30 EUR (Conference); 129 EUR (Conference dinner)|
Arbitration with state-parties involves numerous challenges and conundrums – from the frequently raised immunity issues to procedural, material and practical considerations. While the number of commercial arbitrations with the involvement of state entities has considerably risen, the ongoing energy crisis in Europe may add a number of cases with state-party involvement in the future. The Center for International Dispute Resolution at Bucerius Law School, CAM-CCBC, HAC and Rechtsstandort Hamburg e.V. cordially invite you to join the debate on immunity, enforcement and more salient topics.
Following the HIAD Conference, we cordially invite all participants to join the speakers for a four-course networking dinner at 20:00. We will meet at Restaurant VLET in the heart of the Speicherstadt, an UNCESCO World Heritage site in Hamburg’s city center. The cover charge (four-course-meal and beverages) amounts to 129 € (incl. VAT).
Schedule & Speakers
13:00 – 13:30
Registration and refreshments
13:30 – 13:45
Professor Dr. Stefan Kröll, LL.M. | Bucerius Law School, Hamburg
Luíza Kömel | CAM-CCBC, São Paulo
13:45 – 15:00
Jurisdictional problems in dealing with state parties: A (Latin-)American perspective
Cristina Mastrobuono, LL.M., FCIArb | Independent Arbitrator, São Paulo
Jurisdictional problems with state parties: A European perspective
Dr. Markus Burianski | White & Case, Frankfurt am Main
Prof. Dr. Stefan Kröll, LL.M.
15:00 – 15:30
15:30 – 16:45
Merit issues: Understanding the interplay between public international law, private international law and “transnational law” (if any)
Prof. Massimo Benedettelli, LL.M. | University “Aldo Moro”, Bari
Enforcement problems in connection with state parties
Dr. Yuliya Chernykh | Inland Norway University of Applied Sciences
Ricardo de Carvalho Aprigliano | CAM-CCBC, São Paulo
16:45 – 17:00
17:00 – 17:45
The perennial issue of bribery in disputes with state parties
Prof. Cláudio Finkelstein | Pontifical Catholic University of São Paulo
17:45 – 18:00
Dr. Elke Umbeck | HAC, Hamburg
Conference reception – hosted by Taylor Wessing
Taylor Wessing, Am Sandtorkai 41, 20457 Hamburg
(A shuttle departs at 18:10 from Bucerius Law School, Jungiusstraße)
Conference dinner (separate registration required)
VLET Speicherstadt, Am Sandtorkai 23, 20457 Hamburg (access via Kibbelstegbrücke)
LL.M. (2001), Ph.D. (2010) and Habilitation (2022) in Procedural Law awarded by the University of São Paulo - Brazil. Vice-President of CAM-CCBC. FCiarb. Lawyer, Arbitrator and Professor.
Massimo Benedettelli is name partner of ArbLit, an Italian boutique focusing on international arbitration and cross-border litigation. He is full professor of International Law. He has been teaching from 1994 to 2023 at the University “Aldo Moro” in Bari and is currently professor of practice at Bocconi’s Law School and SDA School of Management in Milan.
In January 2022 he has delivered a course at the Hague Academy of International Law on Powers in International Arbitration between Party Autonomy, Arbitral Authority and State Sovereignty. He is the author of books and articles on public and private international law, EU law and international arbitration, including the first ever written treatise in English on International Arbitration in Italy.
Upon designation of the ICC World Council Massimo has been appointed Italian member of the ICC Court of Arbitration to serve for the 2021-2023 term. Since July 2018 Massimo had already participated to the works of the ICC Court as Italian alternate member, having led for some years the Italian delegation to the ICC Commission of Arbitration. He is also a member of the Arbitration Council of ACIAM, Atlanta (GA).
One of Italy’s main arbitration specialists, throughout his career Massimo has acted as counsel or sat as chairman, sole or party-appointed arbitrator in several commercial and investment treaty arbitrations and featuring procedural and substantive laws of different jurisdictions as well as public international law.
Markus Burianski is the Head of White & Case's German arbitration practice, Markus' work focuses on national and international dispute resolution. He represents German domestic and multinational clients in a variety of court and arbitration proceedings, including those conducted under the ICC, DIS, UNCITRAL, SIAC, ICDR, ICSID, VIAC and Swiss rules. In addition, Markus regularly acts as a sole arbitrator, chair and co-arbitrator as well as a German-law "expert" in national and international arbitration proceedings. Markus teaches international arbitration at the Institute for Law and Finance of the Goethe Universität Frankfurt am Main and is a prolific author on arbitration law.”
Yuliya Chernykh is Associate Professor at the Inland Norway University of Applied Sciences and Adjunct Associate Professor at the University of Oslo. She researches questions related to the interpretation of legal texts and the intersections between national law and international law in international adjudication. Her monograph dealing with the practice and theory of contract interpretation in investment treaty arbitration ‘Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue’ (Brill 2022) is available as an Open Access book. Yuliya is Chartered Arbitrator and has acted as arbitrator, expert and counsel in numerous arbitration proceedings.
Claudio Finkelstein is full professor and coordinator of the post graduation program in International Economic Law and Graduate Extention Course in Arbitration at the Pontificate Catholic University of São Paulo. He serves as the editor of the Brazilian Journal of Constitutional and International Law and arbitrator.
Luíza Kömel is Deputy Secretary General of the CAM-CCBC (Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada) and a fellow of the CIArb (Chartered Institute of Arbitrators). 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 acted as counsel and case manager in domestic and international arbitration proceedings and has over 10 years of experience working in the field from the institutional perspective.
Professor Dr. Stefan Kröll is Professor for International Dispute Resolution and Director of the Center for International Dispute Resolution at Bucerius Law School in Hamburg.
Since January 2022, Stefan Kröll serves as Chairman of the Board of Directors at the German Arbitration Institute. Since 2012 Stefan Kröll is one of the directors of the Willem C. Vis Arbitration Moot Court, the leading student competition in the fields of international commercial law and arbitration with more than 380 participating Universities. Stefan Kröll’s publications include several internationally renowned monographs, treatises and commentaries, as well as a considerable number of articles in international journals.
Cristina M. Wagner Mastrobuono is a Brazilian/German lawyer, acting as an independent arbitrator in disputes arising from complex contracts, including those under concession and PPP model. She served the Legal Department of the State of São Paulo where she developed a large experience in public business law involving all forms of interaction between the public and private sectors, such as structuring concession projects, privatization and deregulation processes, constitution of real estate investment fund, assignment of
receivables and corporate law aspects of state enterprises and state-owned companies. She is a JD from Universidade de São Paulo and holds an LLM degree from the University of Chicago. Cristina is a Fellow from CIArb and is the Vice-Chair of the Brazil Branch. She is also a member of the Board of InfraWomen Brazil/IWB and IBDiC – Instituto Brasileiro do Direito da Construção. Recognised as a “valuable practice” by Leaders League
Elke Umbeck is partner of Heuking Kühn Lüer Wojtek (ranked among the top ten German law firms), based in Hamburg, and co-heads the firm’s dispute resolution practice group.
With over 20 years of experience, she regularly acts as arbitrator and counsel in national and international commercial arbitration, and advises national and foreign clients in complex disputes. Elke has been a board member of the Hamburg Arbitration Circle eV (HAC) for over 10 years.
She is listed in “The Legal 500 EMEA 2022” (recommended in the fields of dispute resolution and arbitration including international arbitration) and as “National Leader” in the field of arbitration by Who’s Who Legal (WWL).
The Bucerius HIAD Conference will be followed by a networking dinner between speakers and participants. The four-course menu will take place in the heart of Hamburg Speicherstadt, an UNESCO World Heritage site in Hamburg´s city center.
|Where||Restaurant VLET Speicherstadt, Am Sandtorkai 23, 20457 Hamburg, access via Kibbelstegbrücke.|
|When||28 March 2023, 20h00.|
|Charge||129 € (incl. VAT), four-couse-meal and beverages.|
Please not that we are unable to provide fee waivers for the dinner fee.
Earlier on the same day...
28 March 2023
Hanseatic Trade Center
As part of the Hamburg International Arbitration Days (HIAD), Taylor Wessing invites you to an opportunity to exchange views with Dr Ramona Schardt. Ramona Schardt took over the duties of Secretary General of the German Arbitration Institute (DIS) on 1 January 2023. She is looking forward to discussing with you the goals and plans she has set for her work together with the new Board of Directors and how she will implement them.
Dr Ramona Schardt is a dispute resolution specialist with 20 years of experience in arbitration, litigation and alternative dispute resolution. As Division Litigation Counsel, Dr Schardt managed international arbitrations, litigations, and alternative dispute resolution proceedings of Siemens Energy Global GmbH & Co KG and Siemens AG in Munich. Before joining Siemens Dr Schardt worked for several years as counsel in the dispute resolution practice group of Freshfields Bruckhaus Deringer LLP in Frankfurt a.M. As a member of the drafting committee, Dr Schardt contributed significantly to the revision of the 2018 DIS Arbitration Rules. In addition, she has been an active member of the DIS User Council, contributing the perspectives of the corporate users of arbitration.
Welcome remarks by: Dr. Jan Curschmann, Of Counsel, Taylor Wessing.
More information and registration through the link above.
28 March 2023
|Registration||Via email under info(at)hamburg-arbitration.de|
On the occasion of the Hamburg International Arbitration Days (HIAD), the Hamburg Arbitration Circle (HAC) cordially invites international arbitration practitioners to a guided tour at the Elbphilharmonie with refreshments at the Westin Hotel at the end of the tour.
Meet colleagues and gain detailed insights into the extraordinary architecture and musical program of Hamburg’s cultural landmark in the HafenCity, the Elbphilharmonie. The Elbphilharmonie opened its doors for the first time on 11 January 2017. On the banks of the river Elbe, supported by approximately 1,700 reinforced concrete piles, a modern building complex has emerged which contains – in addition to 3 concert halls – a hotel, 45 private apartments and the Plaza, a public viewing area with a 360° view of the city. The centrepiece of the Elbphilharmonie is also currently one of the most exciting structural projects in Europe: a world-class concert hall that is detached from the rest of the building for soundproofing reasons. Situated at a height of 50 metres above ground level in a unique location in Hamburg’s historic port, and with seating for 2,100 people, the Elbphilharmonie is the perfect symbiosis of architecture and music…
The tour will take you around the former warehouse upon which the Elbphilharmonie was built, via the Plaza and through the foyers to the heart of the Elbphilharmonie – the Grand Hall. The tour is followed by a social gathering with refreshments at the Westin Hotel, which is in the same building.
The tour is limited to 30 participants. Please register under info(at)hamburg-arbitration.de.
(c) Photo: iStock | honglouwawa