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Human rights as a litigation tool in international arbitration
Información básica
el Lunes, 12 de Marzo 2018, 14:00 - 16:30
C/ Serrano, 26-4ºderecha. Madrid.
Descripción
Fide holds this session. To attend, it is essential to request assistance to Victoria Dal Lago. Please ask for registration conditions.

Panelist: Prof. Avv. Massimo Benedettelli, Professor at University of Bari “Aldo Moro”, Partner, ARBLIT Radicati di Brozolo Sabatini Benedettelli Torsello (*)

Moderator: Jesús Almoguera, Lawyer at J. Almoguera Abogados. Professor of Corporate Law, ICADE, Universidad Pontificia Comillas. Member of Fide´s Academic Council

Objectives:

The arbitration community is becoming increasingly aware that international arbitration and human rights are no longer two separate and unrelated dimensions of legal discourse and practice, as old wisdom suggested.

Most jurisdictions consider arbitration a means for the settlement of disputes which is alternative, but functionally equivalent, to State court justice. Hence, “access to justice”, as recognized for instance by art. 6(1) of the European Convention on Human Rights, and its corollaries on fair trial, due process, equality of arms, contradictoire, may be a relevant source of arbitration law.

Human rights arguments are increasingly finding their way also in the context of investor-State disputes: investors may draw from the human right to property when bringing claims for expropriation (including in novel areas such as bail-ins of financial institutions), while States may invoke their duty to ensure full protection of human rights as a defense against investors’ claims.

More in general, a growing awareness of the relationship between business and human rights is emerging internationally, as shown by recent instruments adopted by the UN on “corporate social responsibility” and by the IBA on “climate justice”.

For all these reason, arbitral tribunals and institutions, State courts, parties and counsel should consider human rights law when taking decisions, defining litigation strategies, negotiating arbitration agreements, enforcing awards.

Academic Direction:

• Álvaro Lobato, Partner at DLA Piper, Member of Fide´s Board
• Jesús Almoguera, Lawyer at J. Almoguera Abogados. Professor of Corporate Law, ICADE, Universidad Pontificia Comillas. Member of Fide´s Academic Council
• Juan Delgado, Director of Global Economics Group. Member of Fide´s Academic Council

Schedule: The session will be held between 14:00 and 16:30 hours, reserving the first half-hour for an informal snack.

(*) Massimo Benedettelli, Full Professor of International Law at the University “Aldo Moro” Bari. Throughout his academic career he also taught Private International Law, International Economic Law, EU Law and European Commercial Law. He obtained a LL.M. degree from the University of Pennsylvania and a Ph.D. degree from the European University Institute. He started his professional practice at the Legal Department of ENI, where he gained experience in the energy sector. Then Massimo joined as an associate Chiomenti Studio Legale, where he was a partner, then he joined Freshfields and its International Arbitration and Corporate Groups. The arbitrations in which he has been involved have been seated in a variety of places (Milan, Paris, Brussels, Zurich, Geneva, Istanbul, Sanaa, Baghdad, Buenos Aires) and have featured procedural and substantive laws of different jurisdictions (Italy, France, Switzerland, Turkey, England, Iraq, Brazil, Argentina) as well as public international law. Massimo is a member of the ICC Commission on Arbitration where he coordinates the works of the Italian delegation and he is a member of the Arbitration.Council of ACIAM, Atlanta (GA).











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