DAY 2

Registration & Morning coffee

Opening & Welcome

ICC Court Welcome Address

Session I: Hot topics in M&A arbitration

▪ Impact of impecunious party on arbitration agreement
▪ Post M&A ESG disputes - sources; is the arbitration a fitting forum?
▪ Interim relief around M&A: emergency arbitrators limiting state courts?
▪ W&I Insurance: procedural challenges in arbitration dealing with ‘insurance towers’
▪ Share Transfer Agreement + Shareholders’ Agreement + Accession Agreement – How does Cour d'appel de Paris interpret the parties’ agreement to arbitrate in the case of multiple arbitration clauses.

Coffee break

Howden M&A Case study: Insuring Known Legal Risks in M&A Transactions

Session II: Dialogue between counsel on legal nature of M&A award

▪ Price adjustment made by the tribunal
▪ Is the award declaratory or constitutive and what are its practical effects?
▪ Interests computation

Dentons M&A Case study: From the transaction closing party to the post closing hangover

Lunch

Keynote speech: The paradigm of arbitration – yesterday, today and tomorrow – Yves Derains in conversation with Beata Gessel

Session III: Voice of reason or hired gun? The independence and impartiality of party-appointed experts in M&A disputes

▪ The difference between party-appointed and tribunal-appointed experts
▪ The role of geography
▪The role of soft laws
▪ Expectations of the parties and the tribunal

Gala Dinner

Venue – Look Up! Skyliner building, 67 Prosta Street (upon separate registration)