International Arbitration and Regulation

LIDW - International Arbitration and Regulation

Panel Outline

1. Christopher Vajda KC, former UK Judge at the Court of Justice of the EU and now arbitrator - Christopher will introduce the topic and speakers, the format of the panel discussion and housekeeping issues. He will also provide his personal thoughts and experience on the subject matter.

2. Richard Power – Why arbitration and regulation may seem strange bedfellows. Regulation, at least in a commercial context, is by and large imposed by the state and the state has a vested interest in controlling the resolution of any disputes concerning that regulation, and would do this via national courts. Richard will discuss the EU Commission’s approach following  Achmea and Komstroy and the UK Court’s approach to corporate regulation via the Companies Act in Fulham FC v Richards. Richard will mention problems with joining third parties to arbitrations, the availability of appeals on a point of law, the clash between public interest and confidentiality and the damage to jurisprudence on regulation through a lack of precedent.                

3. Kassie Smith KC – Why arbitration can handle regulatory disputes and issues, and in some cases is the best forum. Kassie will address how regulatory issues in the energy and telecoms sectors are handled in commercial and investor-state arbitrations.                        

4. Camilla Macpherson, PRIME – Camilla will introduce PRIME and its mission. Camilla will then explore why the financial sector has not traditionally been keen to embrace arbitration for financial disputes, with special emphasis on financial regulation, and explain how PRIME tries to address that with its Finance Arbitration Rules.                                                   

5. Richard Harry, Sport Resolutions – Richard will explain why arbitration is commonly used in the regulation of sport, including the role played by bodies such as Sport Resolutions. The session will look at some high profile cases, e.g. Saracens salary cap breach, and consider the pros and cons of arbitration, including timeliness, cost, expertise and confidentiality in a sector with high public interest.                                                                                                                                                   

6. Panel debate with questions from the audience.                                                               

7. Christopher Vajda KC – closing remarks.