Corporate Arbitration Law: 5 November 2024
The European Branch of the Chartered Institute of Arbitrators (Ciarb) launched its virtual seminar series ‘Comparative Arbitration Law’ with an inaugural session focused on Comparative Corporate Arbitration Law, and in particular arbitrating intra-corporate disputes. Speakers included The Hon. Barry Leon FCIArb, Dr. Philipp Massari LL.M, Dr. Roberto Oliva FCIArb and John W. Lowe FCIArb, moderated by Dr. Phillip Landolt FCIArb.
View the recording here.
For those interested in participating in upcoming sessions or reviewing this insightful discussion, details are available through Ciarb’s website.
Overview
Overview
This event attracted approximately 70 legal professionals and others from Europe and many other parts of the world, all interested in deepening their understanding of the evolving landscape of corporate arbitration across multiple jurisdictions. With a primary focus on comparative corporate arbitration law, this series aims to guide practitioners through pivotal challenges and innovative practices, enriching their professional expertise.
The session delved into core themes, such as the validity and enforceability of arbitration clauses, including their application to shareholder disputes (particularly majorities and minorities), disputes between a shareholder and the corporation, and other types of intra-corporate issues. Topics included the advantages of arbitration over court litigation for intra-corporate disputes, including in cross-border situations, and the nuanced differing procedural requirements across jurisdictions. Panellists examined how statutes govern intra-corporate arbitration differently across countries, including the arbitrability of various intra-corporate disputes, addressing complexities like third-party impacts, employment relationships, affected third parties, and environmental issues within corporate contexts.
Particular focus was given to arbitration clauses for intra-corporate disputes, and the ways in which they can implemented to bind all potential disputants, which may vary across jurisdictions. In Italy, for example, arbitration clauses bind shareholders upon acquisition of shares, whereas in other jurisdictions, provisions must explicitly address future shareholders. Other topics included handling minority shareholder rights and conflict of interest scenarios within corporate bodies, which influence arbitration's effectiveness.
Speakers also highlighted specific frameworks for corporate arbitration, such as Annex 5 of the German Arbitration Institute (DIS) Rules (2018) and the Supplemental Swiss Rules for Corporate Law Disputes by the Swiss Arbitration Centre (2023). John Lowe emphasized the increasing relevance of mediation and other ADR methods as complementary mechanisms to arbitration in intra-corporate disputes. Barry Leon discussed two interesting aspects of intra-corporate disputes in Brazil. First, he outlined a São Paulo Stock Exchange regulation that requires large publicly listed companies listed on the Stock Exchange to provide for arbitration in their bye-laws (which are administered by the Exchange’s Arbitration Chamber), Second, he discussed the CAM-CCBC Corporate Arbitration Rules which apply where an award may affect third parties such as partners, associates or shareholders so that a uniform decision is required binding all interested parties, and the corporation’s bye-laws or articles of incorporation contain a CAM-CCBC arbitration clause providing for the arbitration to be administered by the CAM-CCBC and governed by the CAM-CCBC Rules.
In summary, the webinar underscored corporate arbitration's procedural depth and strategic value, providing essential insights for practitioners handling corporate disputes. Participants praised the event’s practical focus, especially on preparing for arbitration and adapting techniques based on jurisdiction-specific challenges. Future sessions will expand on critical areas such as arbitrability, the party-arbitrator relationship, practices related to oral hearings, interim measures, and the recognition and enforcement of foreign awards, furthering Ciarb’s commitment to advancing arbitration expertise across Europe.
Moderator
Moderator
Dr Phillip LANDOLT is a founding partner of the Geneva international arbitration law firm LANDOLT & KOCH. As a native English speaker, he focusses his practice on advocacy (counsel and co-counsel work) but also serves as an arbitrator, and as a legal expert (the latter often concerning competition law issues in arbitration). Phillip LANDOLT is a Barrister & Solicitor (Ontario, Canada, 1994), a Solicitor (England & Wales 1997), and an avocat (Geneva, Switzerland, 2007).
Phillip LANDOLT’s academic legal education is as follows:
- Université d’Ottawa (B.Soc.Sci.), 1989
- University of Toronto (J.D.), 1992
- Università degli Studi, Ferrara, Italy (doctoral research), 1995
- Albert-Ludwigs-Universität Freiburg i. B. Germany (doctoral research), 1996
- Christ’s College, University of Cambridge (Ph.D in law), 1997
- King’s College, University of London (Post-Graduate Diploma in EU Competition Law), 2004
- CEDR Mediation skills training – December 2011
Phillip is Swiss and Canadian. Aside from his native English, he speaks French, German and Italian, and has a working knowledge of Dutch and Spanish. He is a Fellow of the Chartered Institute of Arbitrators and the Chair of its European Branch.
Speakers
Speakers
Arbitrability: 19 November 2024
Speakers included Reinmar Wolff, Stelios Gregoriou, Gailė Juozapaitytė, Roberto Oliva, Nazareth Romero, Przemyslaw Krzywosz, and Natalia Gulyaeva, moderated by Jacopo Monaci Naldini FCIArb.
View the recording here.
Moderator
Moderator
Jacopo Monaci Naldini LL.M FCIArb is admitted to the Italian Bar and is the founding and managing partner of JMU Law Firm in Florence. He is a member of the European Branch’s Approved Faculty List. He regularly acts in international arbitrations and disputes. He is often called to provide assistance with complex international construction contracts or projects.
He is member of a number of associations focused on International Arbitration. He is the immediate past chairman of the Ciarb – European Branch. He is on the board of the Associazione Italiana dell’Arbitrato (AIA) and of the Italian Forum for Arbitration and ADR (ArbIt). He is a member of the Spanish Arbitration Association (CEA), the Dispute Resolution Board Foundation (DRBF), the London Court of International Arbitration European Users’ Council, the Society for Construction Law (SCL). He is a representative of the Italian Chamber of International Lawyers.
Speakers
Speakers
The Party-Arbitrator Relation: 3 December 2024
The speakers included Stelios Gregoriou, Natalia Gulyaeva, Christopher Chinn, Giovanni Profazio, Ana Argente and Dr Phillip Landolt, moderated by Casper Gammelgaard.
The recording can be viewed here.
Moderator
Moderator
With an impressive background in handling complex commercial contracts and dispute resolution, Casper Gammelgaard has been a trusted advisor to Danish and international entities for many years.
Casper's expertise spans across a wide range of areas including transactions, project development, renewable energy, and construction law, both onshore and offshore. He has personally litigated over 100 court and arbitration cases, providing him with a unique understanding of the dispute resolution process and the ability to develop effective procedural strategies.
As a certified international arbitrator by prestigious institutions such as the Danish Institute of Arbitration (DIA), Stockholm Chamber of Commerce Arbitration Institute (SCC), and the Chartered Institute of Arbitrators (Ciarb, London), Casper is frequently appointed as an arbitrator in both domestic and international disputes.
Holding the title of Fellow at the Chartered Institute of Arbitrators (Ciarb, London) and serving as the Vice-Chair at Ciarb’s European Branch’s, Casper has built a strong international network, enabling him and his team at HjulmandKaptain to handle a wide range of cases across borders. Their clientele includes listed companies, financial institutions, government authorities, as well as medium and small businesses, both domestic and foreign.
In addition to his practical experience, Casper has significant teaching experience in subjects such as FIDIC contracts, contract management, construction law, and litigation and arbitration.
Speakers
Speakers
