ASA Conference. Multi-tier Dispute Resolution Practical Issues Practical Solutions. 15 September 2017

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1 ASA Conference Multi-tier Dispute Resolution Practical Issues Practical Solutions 15 September 2017 Bellevue Palace Hotel Kochergasse 3-5, Bern, Switzerland

2 ABOUT THE CONFERENCE Conference topic The conference will deal with multi-tier dispute resolution clauses, with a focus on practical aspects. The first part will be dedicated to the definition of multi-tier dispute resolution clauses, illustrated with a few examples. The second part of the conference will address the question of non-compliance and give an overview of the approach taken in a number of jurisdictions, including Switzerland, Germany, France, England, the US and Japan. The third panel will discuss the lessons learned on how to handle multi-tier dispute resolution clauses in practice, dealing with questions such as the situations in which their use is appropriate, how they should be drafted, and how non-compliance should be tackled. Schedule at a glance 11:00 REGISTRATION ASA GENERAL MEETING 12:00 LUNCH 13:15 CONFERENCE 17:00 COCKTAIL CONFERENCE PROGRAMME 13:15 13:20 WELCOME ADDRESS Prof. Dr. Henry Peter PSMLaw SA, Lugano MULTI-TIER DISPUTE RESOLUTION CLAUSES DEFINITION AND EXAMPLES Prof. Dr. Henry Peter with Dr. Stefanie Pfisterer Homburger AG, Zurich 2

3 WHAT HAPPENS IN CASE OF NON- COMPLIANCE THE VIEWS IN DIFFERENT JURISDICTIONS Switzerland (and Germany) France England and United States Japan (and Asia) MODERATION: Dr. Christian Oetiker VISCHER AG, Basel PANELISTS: Philippe Pinsolle Quinn Emanuel Urquhart & Sullivan, LLP, Paris Laurence Shore BonelliErede, Milan Yoshimi Ohara Nagashima Ohno & Tsunematsu, Tokyo Questions and Discussion Coffee Break PANEL DISCUSSION: LESSONS LEARNED MODERATION: Prof. Dr. Felix Dasser Homburger AG, Zurich In which circumstances are multi-tier dispute resolution clauses appropriate? How to draft a multi-tier dispute resolution clause? How to deal with cases in which one party is not acting in conformity with the clause? How to deal with statutes of limitations? PANELISTS: Pierre-Yves Tschanz Tavernier Tschanz, Geneva Dr. Claudia Götz Novartis International AG, Basel Tao Jingzhou Dechert, Beijing Questions and Discussion CLOSING REMARKS Elliott Geisinger ASA President, Schellenberg Wittmer Ltd., Geneva COCKTAILS 3

4 ABOUT THE CONFERENCE Who should attend? All professionals involved in dispute resolution: lawyers, arbitrators, corporate counsel, and academics. Sponsorship opportunities The ASA Conference provides a meaningful opportunity to gain visibility and build partnerships within the global arbitration business network. For further information, please contact alex.mclin@arbitration-ch.org. CPD/CLE Credits ASA is a Solicitors Regulation Authority approved external CPD provider (ref. ELA/TSAS) for England and Wales. Certain ASA events are homologated in France by the Conseil National des Barreaux. New York CLE and California MCLE credit may also be available upon request. If applicable, please enquire at info@arbitration-ch.org. ABOUT THE ORGANIZERS ASA Swiss Arbitration Association The Swiss Arbitration Association (ASA) has over 1200 members, practitioners and academics engaged and/or interested in domestic and international arbitration, from Switzerland and abroad. ASA contributes to the development of arbitration law and practice through regular conferences and workshops, including this Annual Conference; the Arbitration Practice Seminar; ASA Local Group meetings; ASA below 40 events for young practitioners, and the publication of the ASA Bulletin, a renowned arbitration quarterly, and of the ASA Special Series. For more information and membership enquiries, see Conference Organisation Prof. Dr. Felix Dasser, Homburger AG, Zurich Dr. Christian Oetiker, VISCHER AG, Basel Prof Dr. Henry Peter, PSMLaw SA, Lugano 4

5 PRACTICAL INFORMATION Registration and fee Until 31 July 2017: ASA members: CHF 350 / Non-members: CHF 405 Thereafter: ASA members: CHF 405 / Non-members: CHF 460 Two-Event Package (Geneva/Bern): ASA or IPBA members: CHF 595 / Non-members: CHF 695 The special two-event package is available for participants also attending the Asian-European M&A and Dispute Resolution Day: Corporate Acquisitions and Resulting Disputes on 14 September in Geneva: Register by 5 September 2017 for inclusion in participant list. The fee includes lunch, coffee break, and farewell reception. There are no hidden extras. Attendance is limited. Applications are accepted on a first come, first served basis. 50% of the registration fee will be refunded if notice of cancellation is received in writing before 25 August Thereafter, only substitutions are accepted. Please note that ASA reserves the right to make minor alterations to the programme or to the identity of the speakers at any time. Where? How to get there? Bellevue Palace Hotel, Kochergasse 3-5, Bern Train: From Bern s main railway station, a 5-minute walk or take tram No. 7 or 8 to the Zytglogge stop. Car: Coming from Basel/Zurich follow Interlaken/Thun directions, then take the Bern Ostring exit. Continue towards city centre (Zentrum). Follow the signs towards Casino and turn into Jungfraustrasse. Cross the Kirchenfeld bridge in the direction of Casinoplatz. Turn into Amthausgasse. Drive around Bundesplatz into Kochergasse, which will take you right up to the hotel. Air: Bern-Belp Airport: 20min Basel Airport: 1h Zurich Airport: 90 min Geneva Airport: 90 min Accommodation Please enquire with the Bellevue Palace Hotel for potential preferential conference rates, at

6 REGISTRATION FORM ASA GM & CONFERENCE 2017 ASA customer N (if applicable) PLEASE RETURN TO: ASA Boulevard du Théâtre 4, P.O. Box 5429 CH-1211 Genève 11 Fax: info@arbitration-ch.org Name Last Name Position Firm/Company Address City Country Tel. Fax Conference Fee (including VAT) Please check Registration by 31 July 2017: ASA member: CHF 350 / Non-member: CHF 405 Thereafter: ASA members: CHF 405 / Non-members: CHF 460 Two-Event Package (Geneva/Bern): ASA or IPBA member: CHF 595 / Non-member: CHF 695 Method of Payment Upon receipt of invoice by bank transfer, ref. customer n or name / Sept to acc.: UBS AG, Acct. No / IBAN: CH / BIC: UBSWCHZH80A For payment by credit card solely for participants outside Switzerland: Card number: Name of card holder: Exp. Date: CVV Code: Confirmation of registration will be sent upon receipt of payment. Date Signature 6

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