MIAMI 2014 Film Coverage

Legitimacy: Myths, Challenges, Realities

InterContinental Hotel Miami
Miami: 6-9 April 2014

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path: ICCA :: Conferences & Congresses :: ICCA Miami 2014 :: Miami Film Coverage :: 7 April, Plenary Session


Monday Plenary - ICCA Miami Congress 2014

7 April 2014 - (08:45 - 12:15)

Setting the Scene: What Are the Myths? What Are the Realities? What Are the Challenges?

“International arbitration is at a crossroad.” So say some. “International arbitration has already achieved universal legitimacy.” So say others. International arbitration often may be the only choice available (is it?), but if its legitimacy is undermined its future is uncertain. Easily said, but what are the pillars of arbitral legitimacy? For one, arbitration must further justice, and be seen to be furthering justice, in both procedure and outcome. For another, process must have legal precision at every phase. In this opening plenary, panel chairs identified propositions going to justice and precision aspects of arbitral legitimacy, and began debates on whether those propositions are myths or realities. Greater scrutiny followed in panel sessions. By the closing plenary, panel chairs catalogued real legitimacy challenges facing the international arbitration community.

One reality about which there will be no debate is how richly deserving Eric Bergsten is to receive the ICCA Award for Lifelong Contribution to the Field of International Arbitration, as illustrated with a short video on his role in creating the game-changing Vis Moot.

Arbitration and Decision-Making: Live Empirical Study

The primary function of international arbitration is the adjudication of legal disputes, which requires arbitrators to process information, exercise their professional judgment and discretion, and ultimately make decisions. Having arbitrators who render quality decisions is a critical aspect of the overall legitimacy of international arbitration. Yet, there are inevitably challenges with being able to assess reliably and validly how adjudication actually functions.Little is currently understood about how arbitrators exercise their mandate and discretion to come to decisions.

In an effort to bridge the gap, and by taking advantage of so many arbitrators and arbitration practitioners in one room, leading empirical scholars – Professors Chris Guthrie, Susan Franck and Anne van Aaken – gathered data on how arbitration specialists, when sitting as arbitrators, make decisions and use their professional judgment. Their preliminary findings were presented and discussed at the closing plenary.

Professor Guthrie also presented on his groundbreaking work in judicial decision-making.

The following video provides an overview of the entire Congress with each session chair giving a brief “preview” of their session. Below the video is a timeline of the session previews, indicating the timing of each session preview within the video, and including links to the full Congress session. This preview is open to the general public; the full sessions are available for ICCA members only (until September 2014, when they will become public).

Meg Kinnear (Washington, DC)
Lucy Reed (Hong Kong/Singapore)

Prof. Susan Franck (Lexington, Virginia)
Prof. Chris Guthrie (Nashville, Tennessee)
Prof. Anne van Aaken (St. Gallen)

James Freda (New York)
Tobias Lehmann (St. Gallen)

Monday's Plenary provides an overview of the entire Congress with each session chair giving a brief “preview” of their session. Please see below for a timeline of the session previews:

Introduction to Precision Streams A1, A2, A3 and A4

00:14:10  -  David Brynmor-Thomas (London) - Precision Stream A1
Watch the full Precision Stream A1 - Proof: A Plea for Precision
(for Members ONLY)

00:20:03  -  John Barkett (Miami) -  Precision Stream A2
Watch the full Precision Stream A2 - Early Stages of the Arbitral Process: Interim Measures and Document Production
(for Members ONLY)

00:24:50  -  Nathalie Voser (Zurich) -  Precision Stream A3
Watch the full Precision Stream A3 - Matters of Evidence: Witness and Experts
(for Members ONLY) 

00:29:34  -  Klaus Reichert SC (London) -  Precision Stream A4
Watch the full Precision Stream A4 - Treaty Arbitration: Pleading and Proof of Fraud and Comparable Forms of Abuse
(for Members ONLY)

Introduction to Justice Streams B1, B2, B3 and B4

01:30:33  -  Adriana Braghetta (Sao Paulo) -
Justice Stream B1 Preview
Watch the full Justice Stream B1 - Who Are the Arbitrators?
(for Members ONLY)

01:33:40  -  Salim Moollan (London) -
Justice Stream B2 Preview
Watch the full Justice Stream B2 - Premise: Arbitral Institutions Can Do More To Further Legitimacy. True or False?
(for Members ONLY)

01:39:05  -  Anna Joubin-Bret (Paris) - Justice Stream B3 Preview
Watch the full Justice Stream B3 - Treaty Arbitration: Is the Playing Field Level and Who Decides Whether It Is Anyway?
(for Members ONLY)

01:39:05  -  Dushyant Dave (New Delhi) - Justice Stream B4 Preview
Watch the full Justice Stream B4 - Universal Arbitration: An Aspiration Within Reach or a Sisyphean Goal?
(for Members ONLY)