Panel B | arbitration2017

Panel B: Efficiency in Dispute Resolution

Co - Chair: Mr. Stavros Pavlou

(details below)

Co - Chair: Mr. Polyvios Panayides

Polyvios Panayides’ practice focuses on cross-border and domestic dispute resolution and EU/Competition law. He has experience in litigation and arbitration proceedings in relation to a broad range of commercial and corporate disputes, not just in Cyprus but internationally. His areas of expertise include shareholder disputes, directors’ duties, contractual disputes, obtaining and resisting freezing orders and jurisdictional challenges. He is also frequently instructed in proceedings before the Cypriot Courts dealing with the enforcement of foreign arbitral awards. He is a Fellow of the Chartered Institute of Arbitrators. As part of his EU/Competition practice, he regularly represents clients before the Cypriot Commission for the Protection of Competition and before other national and European authorities and courts.

Prof. Arnaud de Nanteuil

"Enforcement of arbitral awards and immunities issues"

Arnaud de Nanteuil is professor of international law at University of Paris Est Créteil (Paris 12). He is specialized in international economic law and his work specifically focuses on international investment law and arbitration. He published the only textbook ever published in French on this subject. He teaches international law, European law and international litigation. He also acts as counsel in investor-State arbitration and as expert for national or international institutions. He is treasurer of the French Branch of ILA.

Abstract:

Arbitration proceedings do not stop when an award is rendered: it then has to be enforced. Among the difficulties that can be raised in the enforcement process, immunity of defendant State is one of the toughest. It is mainly raised in investor-State arbitration but can also appear in commercial disputes. The contribution will focus on recent developments, both in domestic and in international law and case law.

Prof. Christophe Seraglini

"Enforcement of annuled arbitral awards"

Christophe Seraglini is Professor of law and a partner at betto seraglini specialized in private international law, international business law and international arbitration. Christophe has extensive experience as counsel in complex and sensitive cases relating to Engineering & Construction, Energy, High Technology sectors of industry, Sale of goods, Joint-venture, Industrial Cooperation and post-M & A. Christophe acts regularly as
an international arbitrator.

Christophe Seraglini teaches private international law, arbitration law, international litigation and international contract law, both in France and abroad. He is the author of one of the leading texts dedicated to French and international arbitration (published in February 2013, Montchrestien).

Christophe Seraglini has been appointed Secretary General of the International Arbitration Academy.

Ms. Melina Karaolia

"A Comparative study of the approach of European national courts in enforcing arbitral awards"

Melina Karaolia is a Partner at M. Eliades & Partners LLC since 2008. Her work encompasses a diverse range of corporate and litigation matters. She advises clients in multiple commercial, civil law issues and business law disputes. She concentrates on corporate and commercial litigation and arbitration. She advises and represents clients in international corporate transactions, mergers and acquisitions and legal matters relating to project structuring and business development. Her multiple practice areas also include information technology law, insurance law, company redomiciliations and competition law. Melina has further received training and experience in the negotiation and drafting of contracts for Oil and Gas by the leading oil and gas lawyer J. Jay Park QC and the international legal adviser in Energy and Mining Dr. William T. Onorato. She is currently a Member of the Association of International Petroleum Negotiators.

Melina is a qualified Arbitrator in Cyprus and Member of the Chartered Institute of Arbitrators in London. She has also been trained and is currently actively interested in working with Mediation. She is an accredited and registered Mediator in Cyprus and has recently obtained the EMTPJ cross-border mediation certification, specializing in the settlement of international commercial disputes. Melina is also an accredited and registered Insolvency Consultant. She graduated from the Law School of the University of East Anglia, UK, with an LLB Honors degree. Melina holds a diploma in International Commercial Arbitration from Queen Mary University (London) and is a qualified Barrister-at-Law, a member of Gray’s Inn London and the Cyprus Bar Association. Teaching Experience Lecturer on Business Law at the European University – 2008-2009 Seminars & Trainings in International Mediation at ETC Training Center – Nicosia, December 2016 Seminars & Trainings in “The art of Negotiation” at MMC Training Center - Nicosia, January 2017 Melina is currently receiving training so as to be accredited as a trainer by the Authority of Human Resource Development.

Abstract:

When parties opt for arbitration they make a conscious choice for an alternative dispute resolution procedure set to avoid the involvement of local courts. Nevertheless, during the course of the arbitration process and especially after the award, national courts do become involved – whether to grant interim relief or to have the last say on whether an arbitral award will be recognized and enforced.

With over 150 states signed up to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, which makes enforcement of arbitral awards mandatory for contracting states, one would reasonably expect the development of a standardized set of rules in this field.

Unfortunately, the enforceability of arbitral awards in many jurisdictions remains highly unpredictable with several factors and policy considerations influencing courts’ decisions. This compromises security and undermines the essence and spirit of the New York Convention.

This presentation aims to provide an update of the latest case law in Europe for arbitral award enforcement and formulate arguments in support of a more unified approach.

The need of security in the enforceability of arbitral awards is an essential component of the effectiveness of arbitration as an alternative to litigation.

Are we just stating the obvious?

Or should we be more active in supporting the need of national courts being more predictable and unified in their approach to arbitration?

Even more, isn’t it time that the cases of denying enforcement of arbitral awards be the rarity?

Mr. Agis Georgiades

"Powers of the tribunal (competenz-competenz)"

Agis Georgiades holds a law degree from the University of Leeds, an LLM from LSE, and Postgraduate Diplomas from Queen Mary College and Athens University of Economics and Business. He is a Barrister of Lincoln’s Inn, an Accredited Mediator and a Fellow of the Chartered Institute of Arbitrators. He also completed the 1st Advanced Arbitration Academy, which was co-organized by the Chartered Institute and ICC Russia. He practices law at Christos Georgiades & Associates LLC, specializing in commercial and construction dispute resolution. Agis is also a member of the teaching staff at the law faculty of the University of Nicosia.

Mr. Stavros Pavlou

"Interim Measures in Arbitration"

Stavros Pavlou is the Senior and Managing Partner of Patrikios Pavlou & Associates LLC. He has a BSc in Economics of Industry-and-Trade from the LSE, a Postgraduate Diploma in Law from City University and is a Barrister-at-Law from Gray’s Inn. In 1986, he was admitted to the Cyprus Bar Association and has since been a practising advocate. He became a member of STEP in 2011, a member of CIArb in 2014 and is now a Fellow of the association, as well as the Honorary Secretary of the CIArb Cyprus Branch.

Stavros is a highly experienced corporate and commercial litigator, arbitrator and he also specialises in complicated cross-border transactions involving banking, finance, corporate and commercial matters. He has an impressive record of representing clients in complex dispute resolution matters, including judicial and arbitration proceedings in the courts of Cyprus and internationally. He has handled numerous disputes, mainly as counsel and as an arbitrator in various foreign arbitration centres such as the International Court of Arbitration of the International Chamber of Commerce, the London Court of International Arbitration, the Stockholm Arbitration Court and the Austrian Arbitration Centre in Vienna.

Stavros represents a broad range of clients including major international organizations, groups of companies, banks and high-net-worth individuals from around the world. He is repeatedly listed as a recommended lawyer, notable practitioner and leading individual in Cyprus by legal directories worldwide. He is actively participating, speaking and joining panels in seminars and conferences in Cyprus and abroad and he has authored numerous articles in international publications. He is a member of various professional international associations and he recently also joined the Russian Arbitration Association.