This panel will examine the legal aspects of arbitration involving investment funds from a global perspective. Key topics include the differences between investment fund arbitration and corporate arbitration, common disputes in this field, and the applicability of consumer protection laws to investment funds. The discussion will also cover the limitation period for liability claims against fund managers and whether the approval of financial statements can exonerate them from liability. Additionally, the panel will address when non-signatory third parties can be bound by arbitration clauses in fund disputes and the specificities of arbitrations involving funds in industrial activities. This panel aims to provide useful insights for legal professionals and investors.

This panel will provide a comprehensive overview of arbitration in the context of airport concession disputes. The discussion will cover the impact of regulatory frameworks on arbitration procedures and common disputes encountered in airport concession arbitrations. It will then address how the transfer of federal airports to private management has influenced arbitration practices in Brazil and how these issues are addressed across different jurisdictions worldwide, examining the specific difficulties associated with arbitrating airport concession contracts. Key questions will focus on the particularities of arbitration clauses in these contracts, the role of arbitration in public administration, and whether these clauses usually cover all types of disputes or are restricted to specific issues. This session aims to provide a thorough understanding of how arbitration affects the management and resolution of airport concession disputes.

This panel will examine how legal culture influences evidence production in arbitration. Key topics include differences in evidence production practices between common law and civil law jurisdictions and how arbitrators navigate conflicting expectations. The discussion will cover jurisdictional approaches to evidence production, including Brazil’s early production of evidence. The handling of expert evidence, such as cross-examination and hot tubbing, will also be addressed. The role of the IBA Rules on the Taking of Evidence in harmonizing practices across legal cultures and the impact of the choice of seat on evidentiary standards will be explored. Additionally, the panel will examine cultural differences in the perception of the burden of proof and the admissibility and evaluation of witness testimony. Strategies for managing the influence of varying legal cultures on evidence production will be provided, offering practical insights for arbitration practitioners.

This panel aims to explore and discuss the crucial role of media in the landscape of commercial arbitrations. It is a fact that media plays a significant role in shaping public perception and discourse surrounding arbitration. However, its impact is not without its complexities. While media coverage can enhance accountability and promote understanding of the arbitration process, particularly in cases involving public entities where transparency is mandated, it also raises concerns since it may lack the nuanced understanding necessary to accurately convey legal complexities, potentially leading to sensationalized reporting or misinterpretation of facts. As a result, while media can serve as a valuable tool for promoting transparency and accountability, its unchecked influence may inadvertently undermine the very principles of fairness and confidentiality that arbitration seeks to uphold.

This panel aims to explore methodologies for restoring economic and financial equilibrium within contracts, focusing on various sectors. We’ll delve into how each sector addresses this issue, analyzing criteria used for risk analysis and determining imbalance factors. This discussion will encompass the importance of reconstructing initial contract conditions and determining contractual cash flow for restoring financial equilibrium, alongside insights from empirical analyses to guide rebalancing compositions in contracts. Attendees will gain a comprehensive understanding of effective strategies for navigating challenges and ensuring contract stability amidst dynamic market conditions.

This panel will delve into the critical process of selecting an arbitrator, a decision widely recognized as crucial for parties involved. Key considerations include ensuring the independence and impartiality of arbitrators, with a focus on examining justifiable doubts and the duty of arbitrators to disclose relevant information. Additionally, this panel will explore the establishment of standards governing the assessment of impartiality and independence, whether guided by international law principles, soft law or prevailing practices within international courts and tribunals. Despite the wide acceptance of the IBA Guidelines on Conflicts of Interests in International Arbitration which have been updated this year, the limits of the arbitrator’s duty to disclose and the consequences of non-compliance are still unclear, mainly because the standards of impartiality vary across jurisdictions, and diverse methodologies exist for conducting such evaluations. Within this context, the role of institutions becomes paramount, providing resources to support arbitrators in effectively fulfilling their duties.