The Conference
Monday November 6, 2017 at Bicocca University
14:30 Introduction
Mauro Rubino-Sammartano, President of the European Centre of Arbitration and Mediation
14:45 Foreign Investments
- Investments allowed, restricted or not allowed in a jurisdiction to foreign investors
- Notion of foreign investor
- Contract claims and treaty claims
- Dispute resolution alternatives
- The contents of BITs and their improvement
- Protection of Foreign Investments ISDS. Position taken by the European Union
(simultaneous alternative session)
Arbitration
- State Courts’ support v. interference
- Remedies against the award
- Arbitrability of issues of nullity
- Number of arbitrators
- Free coaching of witnesses
- Enforcement of foreign awards
16:15 Coffee Break
16:45 M&A
- War stories
- Warranties in a sale of corporate equity
- Applicability of the law of sales of goods to sales of corporate equity
- Remedies for breach of the warranties
- Defences available to the Seller
- Legal issues arising as to mergers
(simultaneous alternative session)
Arbitration and Mediation
- Obstacles to ADR
- Advantages of recourse to Mediation followed – if needed – by Arbitration
- Compulsory mediation, voluntary mediation, Court annexed mediation
- The essential role of caucuses
- Antagonism or complementary between Mediation and Arbitration
- Action to overcome such obstacles
18:15 Conclusions