Young ICCA Skills Training Workshop: Moot Court: Interim Measures in International Commercial Arbitration

Post Event Report

by Béryl de Magnée and Ségolène Geeraert 1
 

On Friday, 30 January 2015, Young ICCA organized a joint Belgium and Luxembourg Moot court on interim measures in International Commercial Arbitration at Stibbe’s Brussels office (relocated from the Justice Palace). 30 enthusiastic young arbitration practitioners were offered the opportunity to tackle the mock case. The participants, divided into three teams, were to be acting either as claimant, respondent or arbitral tribunal. Each team was assigned a tutor, specialized in the area, to guide and coach them throughout the day.
 

The event was organized by Iuliana Iancu (Hanotiau & van den Berg), Panos Chalkias (Hanotiau & van den Berg), Michael Wietzorek (Stibbe Luxemburg) and Perrine Duteil (Tavernier Tschanz).
 

After a brief introduction, Mr. Bart Volders (Stibbe Brussels) gave an overview of the different types of interim measures available to a claimant and outlined the standards for granting such measures. Following this keynote address, each of the tutors shared their knowledge with the participants. Ms. Marily Paralika (White & Case Paris), acting as the tutor for the claimants’ team, offered advocacy advice for those who would tackle the case from a claimants’ perspective. She insisted on the importance of making a prima facie case at the interim measures stage and gave advice in structuring their arguments. This presentation was followed by the advocacy advice of Mr. Samuel Moss (Lalive Geneva), sharing his practical insights from a respondents’ point of view. He focused on different drafting techniques and methods for interacting and ultimately persuading the arbitral tribunal. The last speaker, Ms. Fedelma Claire Smith (the Permanent Court of Arbitration) gave a presentation on the role of the president of the arbitral tribunal and co-arbitrators, as well as on the tasks of the tribunal’s secretary during the hearing on provisional measures. She provided the participants with practical insights on the internal functioning of arbitration tribunals and institutions.
 

Then the time came for the participants to put this new knowledge into practice The teams were announced, and the claimants’, the respondent's and the tribunal’s teams were separated in order to prepare for the afternoon mock hearing. Drafting the request for provisional measures and the objections, while defining their strategy for oral arguments, provided the teams and their tutors the unique chance to exchange practical knowledge found within their own legal background.
 

In the meantime, the “tribunal” team, guided by its own tutor, focused on drafting the outline of its order, while preparing the questions to be asked at the counsel during the oral hearing.
 

After a well-deserved lunch, the eagerly-awaited mock hearing took place. During the afternoon, the claimants’ team presented its case, following which the respondent’s team was given the opportunity to try and persuade the tribunal. Each team was then given the time for rebuttal, while the tribunal asked questions.
 

The tribunal closed the oral hearings to analyze the different arguments, taking time to draft the final provisional measures order, under the supervision of their tutor. Both the claimants’ and respondent’s teams received feedback from their respective tutors.
 

After a short break, the tribunal pronounced the decisional part of their order and Mr. Bart Volders (Stibbe Brussels) closed the event with some last words on the issue of enforcement and recognition of interim measures ordered by arbitral tribunals or courts.
 

To mark the end of this fruitful day, a cocktail reception was held for all the participants and speakers in the company of Prof. Dr. Albert Jan van den Berg (Hanotiau & van den Berg), President of ICCA. 
 

1 Béryl de Magnée graduated from the Catholic University of Louvain, Belgium. She was admitted as a lawyer to the Brussels Bar in 2014 and is an associate at Hanotiau & van den Berg. She also works as a teaching assistant at the University Saint Louis, in Brussels.
 

Ségolène Geeraert graduated from the Catholic University of Louvain (KUL), Belgium and was admitted as a lawyer to the Brussels Bar in 2014. She currently works as an associate at Matray, Matray & Hallet in Brussels, after finalizing her LL.M in International Dispute resolution at Queen Mary University in London.