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in International Commercial and Investment Arbitration Theory and Practice 2nd edition 21-25 September, 2015 in International Commercial and Investment Arbitration Theory and Practice 2nd edition Program led by leading academics, in-house counsel and practitioners aimed at providing theoretical and practical insights, including interactive workshops, about investment and commercial arbitration In partnership with

Rome 21-25 September, 2015 alendar

onday

Welcome and introduction

Morning session 9.15 - 10.45 • Opening Lecture: international arbitration as an autonomous professional practice • Comments and discussion Break 10.45 - 11.00 11.00 - 12.30 • Setting the scenario: international conventions and harmonisation instruments Break 12.30 - 14.00

Afternoon session 14.00 - 15.30 •Assessing your options: • institutional and ad hoc arbitration • arbitral institutions: characteristics and dynamics Break 15.30 - 15.45 15.45 - 17.15 • International arbitration and foreign investment protection

19:00 • Meeting the international arbitration players Reception at Cleary Gotlieb Steen & Hamilton LLP alendar

uesday

Morning session 9.15 - 10.45 • The arbitration agreement: formal and substantive validity Break 10.45 - 11.00 11.00 - 12.30 • Complex privity: extension of arbitration obligations in multiparty transactions Break 12.30 - 14.00

Afternoon session 14.00 - 15.30 • ArbIt roundtable: selecting, analysing and drafting arbitration agreements

Break 15.30 - 15.45

15.45 - 17.15 • In-house counsel debate: dispute resolution options and management of disputes alendar

ednesday

Morning session 9.15 - 10.45 • The Arbitral Tribunal: • selection of arbitrators • strategy of appointment: powers and reach Break 10.45 - 11.00 11.00 - 12.30 • Independence and impartiality of arbitrators: • disclosure • challenges • removals Break 12.30 - 14.00

Afternoon session 14.00 - 15.30 • The mechanics of investors-State arbitration under the ICSID Convention Break 15.30 - 15.45 15.45 - 17.15 • Meeting the institutions: hands on seminar on the formation of arbitral tribunals with ICC, CAM, AIA alendar

hursday

Morning session 9.15 - 10.45 • Running the arbitration: organisation of proceedings Break 10.45 - 11.00 11.00 - 12.30 • The gathering of evidence in international arbitration: • expert reports • fact witnesses • disclosure of evidence Break 12.30 - 14.00

Afternoon session 14.00 - 15.30 • Enforcement of investment treaty awards

Break 15.30 - 15.45 15.45 - 17.15 • Meeting the institutions: hands on seminar on the conduct of the proceedings with ICC, CAM, AIA 18:30 • Meeting the international arbitration players Reception at NCTM Studio Legale Associato alendar

riday

Morning session 9.15 - 10.45 • The arbitral award: deliberation and drafting • Challenging arbitral awards: grounds and international overview Break 10.45 - 11.00 11.00 - 12.30 • Enforcement of arbitral awards world-wide: the New York Convention 1958

15:30 • University of Roma Tre - Unidroit: 2nd Annual International Arbitration Lecture irections All the Certificate’s sessions will be held at University of Roma Tre - School of Law

B

Via Ostiense, 159

SETTE CHIESE VIA DELLE

VIA OSTIENSE

FIUME TEVERE VIA OSTIENSE

PAOLO SAN TEVERE LUNGO

Basilica di

San Paolo Fuori le Mura VIA DELLA VILLA DI LUCINA VIALE MARCONIH VIALE

VIALE GIUSTINIANO IMPERATORE M

ow to arrive: From Termini Train Station: take Metro Line B towards Laurentina and get off at Basilica San Paolo station. Bus stop: 23, 271, 769 etworking ctivities eeting the international arbitration players onday eptember hursday eptember 19:00 18.30 Reception at Cleary Gottlieb Steen & Hamilton LLP Reception at NCTM Studio Legale Associato , 15 Via Delle Quattro Fontane, 161 How to arrive: take Metro Line A and get off at Spagna Station How to arrive: take Metro Line A and get off at Barberini Station

I I N ER R B B A M A VI M I I N P. ER Z A B A R B P I A Z Piazza di Spagna, 15 Z A D I S P A G E N Z Z A R R O CA L L E D E VIA

S I N E N O I VIG T T I A O GL N D VIA DELLE QUATTRO FONTANE CO A VI Via delle Quattro Fontane, 161

A TI N AT FR A VI L L A R AS E VIA aculty ngelo nglani ndrea andini Partner at NCTM Studio Legale Associato Studio Legale Bandini

Angelo practices in the areas of disputes resolution Andrea was admitted to the Bar of Rome in 1991. His (litigation, national and international arbitration, activity is mainly focused on civil and commercial law, ADR), commercial contracts, restructuring and turna- international contracts. He acts as arbitrator and coun- round, unfair competition, product liability, environ- sel in administered and ad hoc arbitration, domestic mental matters. and international and as mediator. He is lecturer and He is the past-chairman and co-founder of ArbIt (the trainer in several post-graduate seminars on arbitra- Italian Forum for Arbitration and ADR). He gained tion, mediation and EU law. He is: member of the Court extensive experience in the area of domestic and inter- of Arbitration and of the Board of Directors of the Ital- national arbitration, under the rules of ICC and other ian Association for Arbitration (AIA); Secretary of the arbitral institutions or under ad-hoc rules. Scientific committee of ISDACI.

ndrea arlevaris ecilia arrara Secretary General of the ICC International Court Partner at Legance Avvocati Associati of Arbitration and Director of Dispute Resolution Services of the ICC Cecilia is active in the field of national and interna- tional, institutional and ad hoc arbitration proceedings, Andrea is a member of the Council of the ICC Institute acting both as counsel and as arbitrator, and is further for International Business Law, of the Steering Com- active in the field of international commercial litigation. mittee of the International Arbitration Commission of She is also regularly involved in corporate and com- the Union international des Avocats and a member of mercial law matters and specialized in compliance is- the board of directors of AIA (the Italian Association for sues. Arbitration). He is a co-founder of ArbIt (Italian forum She obtained a LL.M. in comparative and international on international arbitration and ADR). private law and a Ph.D from the Humboldt University. Before joining the ICC in September 2012, he was a partner at Bonelli Erede Pappalardo. aculty enedetta oppo aria eatrice eli Head of Milan Chamber of Arbitration - Rome Secretary General of the Italian Association for Ar- branch office bitration (AIA) and Secretary General of ICC Italy Certificate’s Coordinator Benedetta joined the Milan Chamber of Arbitration in 2001, where she had been head of the arbitration de- Maria Beatrice is a Professor of International Law at partment (2007-2013), administering both domestic Molise University School of Law. She also teaches Inter- and international arbitration proceedings. Since 2014, national Organization at LUISS Guido Carli University she leads the Rome branch office of the Chamber. in Rome, Department of Political Science. She has been Benedetta is member of the Advisory Board of ArbIt a Visiting Scholar at Yale Law School. (the Italian Forum for Arbitration and ADR). Before becoming Secretary General of AIA, she gained an extensive experience on international arbitration at Studio Legale Chiomenti.

omenico i ietro erdinando manuele Freshfields Bruckhaus Deringer Partner at Cleary Gottlieb Steen & Hamilton LLP Lecturer of International Arbitration at Roma Tre University, School of Law Ferdinando’s practice focuses on national and interna- Certificate’s Coordinator tional litigation and arbitration. He is considered to be one of the leading Italian experts in international arbi- Domenico lectures “International Arbitration” at tration, multi-plaintiff and class actions litigations. Fer- Roma Tre and practises international arbitration with dinando has authored a book and various law review Freshfields Bruckhaus Deringer in Italy and Japan articles on international arbitration. He served as one after several years of practise in London. of the 15 members of the Rome Bar Council (Consiglio He has acted in a great variety of arbitrations world- dell’Ordine) from 2004 to 2006. Ferdinando obtained an wide including commercial and investment disputes LL.M. from the University of Michigan. He is fluent in as well as sport disputes at the Olympics. He fre- English and proficient in Spanish. quently serves as an arbitrator. He graduated at “La Sapienza” and received his LL.M. from Queen Mary, University of London. He is a past Fellow of New York University School of Law. He is qualified to practise in Italy and in England and Wales. aculty

iego ernandez rroyo ietro alizzi Professor of International Law at the School of Law of Eni S.p.A.’s International Downstream Legal As- Sciences Po (Paris) sistance Senior Vice President

Diego is a member of the Curatorium of The Hague Before joining Eni, Pietro was Saipem’s General Coun- Academy of International Law and Secretary-General sel from 2002 to 2013. of the International Academy of Comparative Law. His team of lawyers provides legal and contractual Diego is actively involved in international arbitration support to the international side of the following Eni’s as an arbitrator and as an expert. He is the author of business activities: Gas Retail; Refining & Marketing; many publications on international business law, arbi- Chemicals. He is a member of the UNIDROIT Work- tration, comparative law, Latin-American integration, ing Group on International Long-Term Contract and and private international law. participated in the ICC, Commission on Arbitration, Working Group on the Role of In-house Counsel in Dispute Resolution.

artin usy ames osking Cozen O’Connor’s International Arbitration Partner at Chaffetz Lindsey LLP Practice Based in New York, James focuses his practice on in- Martin is Chair of Cozen O’Connor’s International Ar- ternational commercial and investment arbitration. bitration Practice. He has been named a Leading Law- He has handled arbitrations under the rules of all the yer 100 in the field of Dispute Resolution by Lawyer leading arbitral institutions, including ICC, AAA/ Monthly and is a member of the AAA/ICDR Roster of ICDR, SIAC, LCIA, WIPO, CRCICA and ICSID, as International Arbitrators and Mediators. He is the co- well as under the UNCITRAL Rules. James also sits as author of “A Guide to the ICDR International Arbitra- an arbitrator. He was previously an Adjunct Professor tion Rules”, a leading industry text published by Ox- at the University of Pennsylvania School of Law and ford University Press. He is an attorney-at-law in New University of Auckland, where he taught International York and a Rechtsanwalt in Germany, and his working Commercial Arbitration. Before founding Chaffetz languages include German, English, French and Spanish. Lindsey LLP, he was a partner in the New York office of Clifford Chance. aculty abine onrad iccolò andi Partner at McDermott, Will & Emery Associate at Gianni Origoni Grippo Cappelli Partners Sabine specializes in the fields of international dispute resolution, in particular international arbitration and Niccolò graduated in Law from the University of Siena public international law. She regularly advises inves- and he obtained an LL.M. on international commercial tors and governments and also sits as an arbitrator. In law from the University College Dublin. He is an at- 2007 and again in 2013, Sabine was designated by the torney at Gianni, Origoni, Grippo, Cappelli & Partners Government of the Federal Republic of Germany to the and he specializes in international practice, provid- Panel of Arbitrators of the World Bank’s International ing assistance to Italian and foreign corporate clients. Center for Settlement of Investment Disputes (ICSID). Author of several legal publications and articles on arbitration, EU law and international sale of goods. Lecturer at the University of Milan on the subjects of legal advocacy.

rancesca azza ndrew . aton Secretary General of the German Institution of Partner at De Berti Jacchia Franchini Forlani Stu- Arbitration (DIS) dio Legale Andrew holds both common law and civil law quali- Francesca supervised more than a thousand arbitration fications, and is admitted to practice in Italy, Australia proceedings in many different languages, taking place across the globe and concerning a wide variety of mat- and England. He has been appointed arbitrator or ters. She is one of the principal draftspersons of the 2012 acted as legal counsel in many international commer- ICC Rules of Arbitration. She is qualified as a Rechtsan- cial arbitrations, often involving parties from different wältin in Germany and holds a PhD from the Univer- legal traditions. He has particular experience in com- sity of Heidelberg. She has published various articles plex multi-jurisdictional disputes. He is on the panel and books, including the “Secretariat´s Guide to ICC of several arbitral institutions in Europe and Asia, a Arbitration” (co-authored with J. Fry and S. Greenberg). founding member of ArbIt and on the editorial board She regularly lectures on international law at universi- of Rivista dell’Arbitrato. ties and business schools in various European countries. aculty arco errini aria heresia oerig orsini Studio Legale Perrini Partner at Bucciarelli Ducci Corsini (BDC) Studio Legale Marco represents and advises Italian and foreign com- panies in disputes before courts and arbitral tribunals Maria Theresia is admitted to practice in Germany and and sits as chairman, sole arbitrator and co-arbitrator in Italy, where she leads the German and International domestic and international arbitrations, ad hoc (includ- Desk at BDC Studio Legale. She practices in the areas of ing UNCITRAL) and under the rules of, inter alia, ICC, private, commercial and corporate law matters and spe- AIA, CAM. Author of publications on arbitration and cializes in (international) dispute resolution and arbitra- ADR issues. He is member of the ICC Commission on tion both as counsel and as (sole) arbitrator. Maria Ther- Arbitration, the board of directors of AIA (Italian Arbi- esia also works at the Studies Department of the Italian tration Association) and past co-chair and co-founder Constitutional Court as a Consultant and an Expert in of ArbIt. German and Comparative Law and has published nu- merous academic works. Maria Theresia is a co-founder and a member of the advisory board of ArbIt. iacomo ojas lgueta eatriz aiz arti Professor of Economic Analysis of Law at Roma Tre Enel S.p.A.’s in-house counsel University, School of Law Certificate’s Coordinator Beatriz is responsible of Group Significant Litigations within the Enel Group, managing arbitration proceed- Giacomo earned a LL.M. with distinction and a S.J.D. ings in different languages taking place across the from the University of Pennsylvania. He was a Visiting globe in the energy sector. She is qualified as a Aboga- Scholar at Yale Law School. do in Spain as well as Avvocato in Italy and holds a He is the author of two books and several articles in Master degree at the University Paris I Panthéon – major Italian and U.S. law reviews. He consulted the Sorbonne. Italian Government for law reforms. He is a member of the International Bar Association (IBA) where he joined the Arbitration Committee. He is qualified to practise in Italy and in New York. aculty inaldo ali arlo antoro Deputy Secretary General of the Milan Chamber of Partner at Cleary Gottlieb Steen & Hamilton LLP Arbitration Carlo specializes in the fields of litigation and national Rinaldo’s main area of activities is the business man- and international arbitrations. agement of an arbitral institution. Rinaldo has gained He regularly represents domestic and foreign clients significative experience in arbitration, mediation and in a wide range of disputes involving corporate, com- other ADR systems. Rinaldo has published books and mercial, banking and financial matters, as well as articles on issues of arbitration and he is regularly in- bankruptcy and competition issues. volved in domestic and international conferences and He earned a LL.M. degree at New York University seminars on arbitration and dispute resolution. School of Law in 2003. He was a Visiting Scholar at London School of Economics in 1998.

atalì equeira liana aria ornese ICSID Legal Counsel Legal Counsel of ICC International Court of Arbitration Natalí joined ICSID in September 2005. Prior to joining ICSID, she worked as a Senior Consultant with Ernst Eliana took up office as Counsel of the ICC Interna- & Young (2004 – 2005), as a foreign associate with the tional Court of Arbitration on December 2012. She has law firm of White & Case in Washington, D.C. (2003 – practiced for 7 years in the law firm Bonelli Erede Pap- 2004) and as a consultant with KPMG (2000 – 2002) and palardo (Milan office) and focused on international PricewaterhouseCoopers (1998 – 2000). She holds de- arbitration, primarily related to foreign investments, grees from Georgetown University Law Center (LL.M. contracts of construction and commercial contracts. in International Legal Studies) and the University of Eliana holds a double degree in law (in France and Costa Rica (Juris Doctor and Bachelor in Business Ad- Italy) and completed her studies at the College of Eu- ministration). rope (Bruges) by obtaining an LL.M. in European legal studies. She is author of publications on international arbitration. aculty aiju asani incenzo eno- encovich Partner at Jones Day Full Professor of Comparative Law at Roma Tre University, School of Law Baiju is an international arbitration lawyer and arbitra- tor. He also has advised states on the negotiation and Prof. Zeno-Zencovich is chairman of the Italian Asso- drafting of treaties and companies in investment struc- ciation of Comparative Law. He is editor or member turing. of the editorial board of several important Italian law Baiju is a Fellow of the Chartered Institute of Arbitra- reviews and author, co-author or editor of over two tors. He previously served as an adjunct professor of dozen books. Legal advisor to the Italian Government law at Georgetown University and also has given vis- in the last 13 years in all the telecoms tenders and auc- iting lectures at, among other universities, Harvard, tions. As a practising lawyer he has successfully liti- Northwestern, Columbia, and SOAS. He is currently a gated in landmark cases in damages for defamation, Visiting Lecturer at the University of Bedfordshire. consumer protection, tobacco litigation and liability of providers.

ndrea oppini Full Professor of Private Law at Roma Tre University, School of Law

Prof. Zoppini studied at the Universities of Cambridge and Heidelberg; he was Visiting Scholar at the Yale University Law School and at New York University. He holds seminars and conferences in Italy and abroad and has published and edited numerous books and ar- ticles in Italian and foreign law journals. Legal Advisor to the Italian Government, he has been member of several law reform committees. niversity of oma re – NIDROIT 2nd Annual International Arbitration Lecture

to be announced

Friday 25 September, 2015, 15.30

followed by reception Limited space available. Please register at: [email protected] irections

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V O A I N I N A L E O D I A E V M I F O R I I M P E R I A L ow to arrive: I U R V O C A From Termini Train Station: take Metro Line B towards Laurentina and get off at CavourV I A station. Bus stop: 170, 40,60, 64, 70,H nformation • www.arbitrationcertificate.com • [email protected] • The Certificate has been approved by Ordine degli Avvocati di Roma. Rome’s Bar lawyers attending the Certificate will be granted 24 “professional education credits”

egistration

Visit www.arbitrationcertificate.com and download the registration form

ees

Euro 500,00

Fees include: • All materials in electronic format • Participation to networking events • Coffee breaks • Lunches from Monday to Thursday uggested otels

Hotel Adriano Hotel Abitart Hotel via di Pallacorda, 2 via Principe Amedeo, 4 via Pellegrino Matteucci, 10/20 www. hoteladriano.com www. hoteldianaroma.com www. abitarthotel.com [email protected] [email protected] [email protected] Tel. +39 06 68802451 Tel. +39 06 478681 Tel. +39 06 4543191

Hotel Duca d’Alba Hotel Art Margutta Piranesi Hotel via Leonina, 14 via Margutta, 56 via del , 196 www. hotelducadalba.com www. hotelart.it www.hotelpiranesi.com [email protected] [email protected] [email protected] Tel. +39 06 484471 Tel. +39 06 328711 Tel. +39 06 328041

Hotel Locarno Residenza Torre Colonna Domus Romana Hotel via della Penna, 22 via delle tre Cannelle, 18 via delle Quattro Fontane, 113 www. hotellocarno.com www. torrecolonna.com www.domusromanahotel.com [email protected] [email protected] [email protected] Tel. +39 06 3610841 Tel. +39 06 83600192 Tel. +39 06 489441

Hotel Italia via di Venezia, 18 www. hotelitaliaroma.it [email protected] Tel. +39 06 4828355 Information: [email protected] www.arbitrationcertificate.com In partnership with