Young ICCA Debate: The Use of Summary Proceedings in International Arbitration

In response to calls for increased efficiency, many of the leading arbitral institutions have introduced procedures designed to allow parties and arbitrators to dispose of non-meritorious claims and defenses at an early stage of the proceedings, in summary fashion.  In circumstances where a party has advanced an undeveloped claim or defense or worse—raised frivolous arguments as a guerilla tactic—summary disposition procedures can significantly shorten the duration of the dispute and promote a just and fair outcome.  Statistics suggest, however, that parties infrequently call upon such procedures—and when they do, arbitrators are often reluctant to grant the relief requested.  This reflects some of the concerns about summary disposition procedures, including that they may deny the parties due process, and begs the question:  are summary disposition procedures underused in international arbitration, or is the due process paranoia justified?  Our debaters will explore this question, taking into account both the potential benefits of summary disposition procedures, as well as the potential risks.

Meet the speakers

Athina Fouchard Papaefstratiou:  Athina is a lawyer based in Paris, and registered with the Bar in Paris and in Athens. She worked for 15 years in very renowned international arbitration groups of global firms, before establishing her own practice in 2022 (www.afparbitration.com), focusing on missions as arbitrator.

Athina has significant experience in Africa-related arbitration, as well as in arbitration involving States, State entities and international organisations. 

She a founding member (and former co-head) of AfricArb, an association of professionals focusing on Africa-related arbitration, a member of the ICC Commission on Arbitration and ADR and a Board member of the Arbitration Committee of ICC Greece. She is a CIArb Fellow, and a member of the Executive Committee of the CIArb European Branch.

Cameron Murphy:  Cameron is Managing Director and Head of Legal at Profile Investment.  He joined the firm in June 2022 following a 19-year career at Cleary Gottlieb Steen & Hamilton, where he was one of the firm’s senior lawyers specialised in international arbitration. Cameron worked in Cleary’s New York, Paris, and London offices acting as lead counsel for multi-national corporations in cross-border commercial disputes and both investors and States in large-scale investment treaty arbitrations across a range of industries, including mining, energy, and telecommunications. Cameron also has extensive experience with the enforcement of arbitration awards in domestic courts around the world. 

A recognised expert in the field of international arbitration including by Who’s Who Legal and Legal 500, Cameron is admitted to the New York and Paris bars. He earned a law degree from Stanford University and a dual degree in Philosophy and History with Honours and Highest Distinction from the University of North Carolina at Chapel Hill, where he was a Morehead Scholar.  Cameron also teaches a course on international arbitration in a joint master’s program in Paris between Columbia Law School, Sciences Po and La Sorbonne.

Ana Gerdau de Borja:  Ana is a senior associate at Derains & Gharavi (Paris). She has over 15 years of experience as counsel, arbitrator and secretary to arbitral tribunals in arbitrations under the ICSID, the ICC, the LCIA-MIAC, and the ICDR/AAA rules, and under the main Brazilian institutions’ rules. Her cases have included commercial transactions and joint ventures, large infrastructure projects (in construction, renewable energy, oil & gas and transportation), M&A deals, and projects in real estate, mining and shipping. 

Ana is a member of the ICC Commission on International Arbitration and ADR and a co-coordinator of Track 5 of the ICC Task Force entitled “Corruption in International Arbitration.” Ana is a co-founder of the Rising Arbitrators Initiative and a former deputy chair of CIArb’s YMG Global Steering Committee. Ana holds a Ph.D. and an LL.M. from the University of Cambridge and works in French, English, Portuguese and Spanish.

Yuri Mantilla:  Yuri is a Senior Associate at Freshfields Paris. Qualified in the US (Florida & DC) and France (Paris), he has acted as counsel for governments, State entities, and private parties in a broad range of investor-State and international commercial arbitrations arising out of projects in Latin America, Europe, Africa, Asia, and the Middle East. He is likewise experienced in State-to-State disputes, having acted in dispute settlement proceedings before the World Trade Organization and defended Chile in the International Court of Justice against Bolivia’s historical claim concerning an alleged obligation to negotiate sovereign access to the Pacific Ocean for Bolivia.     

Paul Kleist (Moderator):  Paul is an associate at Cleary Gottlieb where he has worked in the firm’s New York and London offices.  His practice focuses on international arbitration and litigation and he has a wide variety of experience before both international arbitral tribunals and domestic courts, with a particular focus on commercial arbitration (including matters before all of the major arbitral institutions).

Paul currently serves as Co-Director of Events for Young ICCA and in that capacity has lead workshops aimed at developing practical skills in arbitration as well as panel discussions on hot topics in arbitration, including arbitration as a mechanism for resolving technology disputes.  He holds a J.D. from NYU School of Law and prior to joining Cleary Gottlieb served as a law clerk on the U.S. Court of Appeals for the Third Circuit.