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Take 1 of an Austrian Series: Taking a Closer Look at Modern Investment Arbitration

ESG-Compliance in the Supply Chain and Arbitration
ESG legislation is rapidly evolving and so are the types of ESG-related disputes. While the debate around ESG is often focused on climate change, the protection of human rights in the supply chain is particularly challenging for companies and lawyers. The session will debate on Swiss and EU legislation (CSDDD) about ESG-compliance in the supply chain, with a focus on human rights. The panel will be composed of lawyers and ESG experts from the industry, who will share their views on this thought-provoking topic and whether arbitration is the right mechanism to solve ESG-related disputes in the supply chain.






Not another panel on AI – Try it out and get Prepared for Your Next Emergency Arbitration!
This session is a fast-track workshop for a limited group of attendees about generating submissions in a mock emergency arbitration with the use of AI. The attendees will be split into several groups, in which they will have the opportunity to gain hands-on experience in how AI can be used in emergency arbitration proceedings. Experienced coaches assisting the groups in proper “prompting” will be available.





Proving Your Damage – Top Failures in Practice
Damages are frequently the Achilles’ heel of arbitration proceedings. Our panel will be moderated by Christian Oetiker and it will delve into the most common pitfalls in arbitration when addressing quantum and damages, exploring the complexities of quantification and related issues. Experts will highlight recurring challenges, such as insufficient evidence to substantiate claims, the use of flawed or inconsistent methodologies in damage calculations, and the failure to account for key contractual or market conditions. The discussion will offer ways to avoid these pitfalls and will also provide an open forum to address additional challenges raised by the panelists or the audience.




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How to Advocate the Best Deal for my Client in Mediation?
This key question will be discussed by a panel of experienced international mediation and arbitration practitioners.”. In her keynote, Pirita Virtanen will explain what specific skills are needed to successfully represent clients in mediation and share her tips in reaching the best deal in mediation. Philipp Habegger, a Swiss arbitration “heavy weight,” will play devil‘s advocate and express scepticism as when he sees mediation as less suitable or not the best option. Jörg Risse and Martin Svatoš will tackle Philipp’s questions from experienced mediation counsel’s as well as a mediator’s point of view. Francisca Scharpe will be setting out what modern inhouse counsel expects from modern external dispute resolution counsel. The event will be kindly hosted by MME’s Jonatan Baier, and the Swiss Chamber of Commercial Mediation’s Corina Bölsterli and Julia Jung will be moderating the panel.

Legal Practitioners in the Crosshairs: How to Deal with the Rise of Threats Against Arbitrators, Counsel, and Experts in Arbitrations
Over the past decade, intimidation tactics against arbitrators, experts, and lawyers have increased and may take the form of legal challenges as well as civil and criminal threats. This panel will explore this escalating issue and offer practical strategies for professionals to respond effectively and uphold the integrity of arbitration as a dispute resolution process.





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Interim Relief in Support of Arbitration: Coordination of Cross-Border Remedies Before State Courts and Arbitral Tribunals
This panel discussion will bring together arbitration practitioners from multiple jurisdictions to examine the types of interim relief that can be obtained from state courts and arbitral tribunals in order to preserve the status quo until a final award is rendered.
The discussion will delve into the following key areas:
- The various types of interim relief available from state courts and arbitral tribunals
- Practical examples of interim relief in cross-border arbitration
- The coordination and timing of applications for interim relief across different jurisdictions
Join an interactive discussion into these critical aspects of arbitration practice while enjoying the finest early cocktails.






The Future of Infrastructure Disputes: Decarbonisation, Shifting Risk Dynamics, and Other Emerging Trends
The session will explore key emerging trends in infrastructure disputes, highlighting the impact of decarbonisation and the transition to more sustainable industry practices. It will delve into the investment, regulatory and contractual implications of these transformations and examine how risk allocation among project stakeholders is evolving. The discussion will unpack the drivers behind the redistribution of risk and how these changes are concretely reflected in contracts. LALIVE arbitration specialists will engage in a dialogue with experts from industry and academia, sharing perspectives on what practitioners can expect in future disputes and offering practical guidance to help industry professionals anticipate and manage these challenges effectively. The panel discussion will be followed by a brief networking breakfast.




A New Option on the Horizon: The Zurich International Commercial Court (ZICC)
Switzerland has long been recognized as a leading place of arbitration. Soon, parties will have an alternative: the Zurich Commercial Court (ZICC), along with other commercial courts across the country, will handle international commercial disputes in English, extending the tradition of Swiss commercial litigation to a wider range of parties and disputes. Join Wartmann Merker for an insightful discussion as they explore how the ZICC will operate, and how both courts and practitioners might draw inspiration from arbitration practices.







Arbitration in Sport and Beyond: Athlete Justice, Commercial Dynamics, Media Attention and Regulatory Challenges
Hosted on the 31st floor of the Prime Tower, this session will delve into the intersection of the world of sport and international arbitration, offering perspectives relevant for practitioners across all fields. A first panel will examine the implications of recent European Court of Justice rulings for resolving sports-related disputes, the evolving role of competition law in arbitration and its impact on Switzerland as an arbitration hub. The discussion will feature leading sports arbitration experts and FIFA’s Director of Football Regulatory. The second panel will address the growing media attention surrounding sports-related and other disputes and its broader implications for arbitration practitioners. Insights will be shared by a CAS arbitrator, the former director of the LCIA, and counsel to high-profile athletes such as Jordan Chiles, Novak Djokovic and Imane Khelif, whose cases have attracted extensive media coverage. The session will be followed by a protein-rich networking lunch. Tram no. 8 provides a convenient 10-minute ride from the Summit venue (tram station Stockerstrasse).










The Practical Challenges of Challenging an Award
In this session, we will take a closer look at the process of challenging international arbitral awards. A diverse panel of experienced arbitration practitioners will share unwritten practical insights into key procedural issues that arise in the context of setting-aside and revision proceedings in Switzerland and contrast this with the process in other major jurisdictions. Attendees will gain unique tips on how to effectively challenge arbitral awards in a global arbitration landscape.



