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Highlights

YSIAC Paris Forum 2019


25 October 2019
YSIAC Paris Forum 2019
By Katya Hartl and Juliette Musso, White & Case LLP


The YSIAC Paris Forum 2019 was titled “Emergency Arbitration: Perspectives from Asia and Europe” and attracted approximately 68 practitioners, in-house counsel and students.

Lucas de Ferrari (White & Case, Paris) gave the opening address focusing on the representation of Asian clients abroad. He explained that while there is a clear trend towards standardization in international arbitration, the parties’ nationality and place of arbitration still have an impact on the particularities of the proceedings. He cautioned against oversimplifications and stereotypes but highlighted the importance to acknowledge certain cultural specificities and use them to the client’s benefit.

Emmanuel Foy (Derains & Gharavi International, Paris) moderated the panel and noted that emergency arbitration is a hot topic that raises a number of issues such as due process, party representation and enforcement.

Topic I: Emergency Arbitration under SIAC Rules

Kartikey Mahajan (YSIAC Committee Member; King & Spalding, London) began by explaining the purpose and importance of emergency arbitration proceedings. He then addressed its implementation and development across different arbitral institutions, particularly in Singapore. He explained how the cultural proclivity of South Asian parties such as India for interim measures/relief coupled with the efficient administration of these applications by SIAC, have contributed to the increase in emergency arbitration applications under SIAC Rules.

Topic II: Best Practices for Emergency Arbitration

Nora Fredstie (Latham & Watkins, Paris) first observed that there was no universal approach to emergency arbitration. She then suggested some best practices in handling emergency arbitration applications, in light of the short timing that these proceedings entailed, and provided practical advice on preparing the submissions to the emergency arbitrator. Finally, she tackled the issue of resorting to emergency arbitration proceedings when faced with a multi-tiered dispute resolution clause.

Topic III: Enforceability of Emergency Arbitration Awards

Angélica André (White & Case, Paris) started the discussion acknowledging that, according to many surveys, most of the emergency arbitrators’ decisions are voluntarily complied with. However, the concern regarding their enforcement was not unjustified because several issues can arise, such as whether emergency arbitrators can be termed as arbitrators or whether their decisions are considered awards, according to the New York Convention. She discussed these issues from a comparative law perspective and finally drew potential solutions to them.

01 02
Left to Right: Fadi Hajjar, Emmanuel Foy,
Kartikey Mahajan, Nora Fredstie, Angelica André,
Manu Thadikkaran, Lucas de Ferrari

Networking Reception held at the White & Case offices in Paris.

A lively Q&A session ensued, with active participation from the audience. Emmanuel Foy then closed the panel discussion, followed by closing remarks by Kartikey Mahajan (YSIAC Committee Member).
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