The Conference

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