Maritime Arbitrators 2012 - International Congress of Maritime Arbitrators

The Eighteenth International Congress of Maritime Arbitrators (ICMA XVIII) will take place in Vancouver from May 13-18, 2012.

Proposals to deliver Papers at ICMA are now solicited. Kindly note the attached Topics & Agenda Committee Roster and suggestions with respect to two categories of presentations: Category I. Invitational Panels (Plenary Sessions); and Category II. Individual Presentations (Parallel Sessions). A few words on each.

Category I. As indicated in the attachment, it is planned to have two “merits” panels on the subjects indicated, two “procedural” panels on the subjects indicated, and one user panel. Speakers will be invited from the international community to present, at plenary sessions, papers which, in the Committee’s view, will stimulate discussion among the panel members and the delegates in the audience. If you are interested in nominating yourself or someone else to receive an invitation to write a paper for a Category I panel, please promptly notify the Chairman directly, or if you prefer, you may express such interest to any Committee member who will notify the Chairman.

Category II. In keeping with ICMA’s time-honored tradition, speakers may apply for an opportunity, during parallel sessions, to deliver a paper on any maritime arbitration subject of their choosing. To assist potential speakers in considering what subjects to address, the Committee has put together the attached list, and there is also on the ICMA XVIII website ? thanks to the German Maritime Arbitration Association ? a collection of the titles of all papers delivered at previous ICMAs. Please click here for a list of papers submitted at prior ICMA’s.

But it is emphasized that you are not restricted in preparing Category II papers to any of the topics in the attachments.

Each speaker will be allowed 15 minutes (approximately 1500 words) to focus on the most interesting aspect of his/her paper likely to generate lively discussion between the speaker and the delegates in the audience. Speakers will have one opportunity to deliver one paper. But any delegate attending ICMA may submit one or more papers for distribution with the ICMA documents.

Those wishing to present papers under either Category should submit a summary (of no more than 250 words) by November 15, 2011. Notification of acceptance will be sent by email with information as to format and layout. Papers must be prepared and submitted in electronic form with use of a word processing program as it is anticipated that delegates will be provided with a CD-ROM of all papers.

Final papers to be submitted by March 15, 2012.

SUBMISSION OF PAPERS

Summaries of proposed papers should be sent online to papersubmission-AT-icma2012.com. To submit a paper to the Topics and Agenda Committee, please click here. An email will automatically open and you can simply attach your paper to it. This email will be forwarded to the Topics and Agenda Committee, and a copy will automatically be saved by ICMA 2012 in Vancouver as well.

Email inquiries may be directed to the Committee Chair, David Martowski at dmartowski-AT-verizon.net or to any member of the Committee appearing on the attached Roster.

SUGGESTED TOPICS

CATEGORY I INVITATIONAL PANELS (Plenary Sessions)
1. Contemporary Problems Involving Piracy and War Risks

A. Disputes between Parties to the Venture (Off Hire, Routing)

B. Disputes between Underwriters (Hull, P&l, K&R, War Risks)

C. General Average and Piracy at the Gulf of Aden

D. International Regulatory Agencies/US Office of Foreign Assets Control

2. General Charter Party Issues
A. Delivery/Redelivery
B. Demurrage/laytime/offhire
C. Deviation/Offhire
D. Hardship and Exemption Clauses
E. Freight and Hire
F. Performance Claims
G. Tanker vetting procedures
H. Withdrawl/termination
I. Nuclear Contamination ? cargo damage, deviation/liberties clauses, radioactive contamination exclusion (Race Clauses), safe port; laytime exceptions; force majeure

3. User Panel ? Frustration and Discontent with Maritime Arbitration
A. P&I Club representative

B. Shipowner representative

C. Cargo underwriter representative
D. Charterer representative

4. Miscellaneous Arbitral Procedures Panel I
A. “Lack of Jurisdiction ? What recourse if an Arbitral Tribunal Declines to Proceed?”
B. Insuring the Lives of Arbitrators Against Duplicate Costs to the Parties Arising From Arbitrator Death, Incapacity or Resignation
C. Advantages and disadvantages of consecutive as opposed to serial hearings - (discovery, delay, etc.)
D. Powers of Arbitrators to Order Security for Claims and Costs
E. Mediation and Other Forms of ADR in Arbitration Proceedings

5. Miscellaneous Arbitral Procedures ? Panel II
A. Use of witness statements in lieu of direct testimony/tender witness for cross-examination
B. Joint questioning of expert witnesses (hot tub)
C. Standards which arbitrators should apply in considering whether to recuse [themselves] [each other]
D. Recourse for an unreasonable delay by arbitrators in issuing their award.


CATEGORY II OTHER SUGGESTED (BUT NOT EXCLUSIVE) TOPICS FOR INDIVIDUAL PRESENTATIONS (Parallel Sessions)

1. Arbitration Clauses
A. Arbitration clauses in contracts of adhesion
B. Incorporating an arbitration clause from one contract into another contract by reference, when all of the companies are not parties to both contracts.
C. Multi-party Arbitration

2. Use of Arbitration to Resolve Disputes
A. In Maritime Environmental Pollution Cases
B. Under contracts between a shipowner and a shipyard

3. Arbitrators

A. Work permits for foreign arbitrators and/or advocates at the seat of the arbitration
B. Challenge to an Arbitrator for bias

4. Award
A. Which “law” are arbitrators bound to follow in deciding a dispute?
B. Publication of awards
C. Kompetenz-Kompetenz
D. Apportionment of attorneys fees when both parties have prevailed on some issues

5. Court Involvement
A. Court intervention in connection with arbitration proceedings (discovery, bias, etc.)
B. Enforcement of foreign arbitral awards under the New York Convention
C. Foreclosing liens on sub-freights in collections of awards

6. Evidence
A. Obtaining evidence from witnesses abroad for use in arbitration
B. “Without prejudice” communications
C. Classifying written terms by resort to precontractual negotiations

7. Issues arising from Financial Turbulence in the Marketplace
A. Non-Performance of Charter Parties, COAs, Shipbuilding Contracts, Purchase-Sale Agreements & Commodity Sales Contracts
B. Force Majeure, Economic Frustration, Impossibility of Performance

C. Discussion of Civil Code and Common Law Views of the Doctrine of “Changed Circumstances
D. Bankruptcy, Reorganization, Creditors’ Rights, Workouts

8. International Conventions and National Statutes
A. ROME-Il Convention; matters of public policy for denial of enforcement of foreign awards
B. Revision of the New York Convention
C. Application of the Rome I Regulation 593/2008 to Maritime Contracts between Parties not all of whom from EU Countries?
D. Hong Kong's New Arbitration Ordinance
E. The New Admiralty Jurisdiction Procedure Rules in Nigeria
ICMA XVIII ? TOPICS And AGENDA COMMITTEE

David Martowski - Chairman
dmartowski-AT-verizon.net
Canada Peter Bernard (Vancouver)
bernard-AT-bernardpartners.com John Weale (Montreal)
jweale-AT-fednav.com
Denmark Peter Schaumburg-Müller
psm-AT-hafnialaw.com
France Professor Philippe Delebecque
ph.delebecque-AT-wanadoo.fr
Germany Dr. Christoph Hasche
c.hasche-AT-taylorwessing.com
Greece Roger Moisey
tci-AT-tci.gr
Japan Toshio (Sammy) Matsumoto
matsumoto-AT-jseinc.org
Nigeria Emmanuel Dike
emmadike-AT-yahoo.com
People's Republic of China Cai Hongda
caihongda-AT-cmac.org.cn Ernest Yang
ernest.yang-AT-dlapiper.com
Russian Federation Professor Sergei Lebedev
snlebedev-AT-gmail.com
Singapore Govind Asokan
govindasokan-AT-jtjb.com
Spain José Maria Alcantara
jmalcantara-AT-amya.es
United Kingdom Ian Gaunt, Hon. Secretary, LMAA
ian.gaunt-AT-virgin.net
USA Michael Marks-Cohen
mcohen-AT-nicolettihornig.com LeRoy Lambert
leroy.lambert-AT-ctcplc.com