Global Arbitration Review is pleased to announce the return of GAR Live: Vienna.
We will be bringing together leading arbitrators, private practitioners, in-house counsel and government representatives to explore the latest issues affecting arbitration in Europe. Panels will discuss whether arbitration will become a part of competition remedies as well as debating the impact of third-party funding on arbitration.
Join us for a full-day conference sharing high-level insight and discussion, with plenty of networking breaks throughout.
GAR LIVE: VIENNA 2023
13 October 2023
ARBITRATION AS PART OF COMPETITION REMEDIES
Following the Novelis case where the Department of Justice (DOJ) won a ground-breaking arbitration to resolve a merger challenge, the DOJ have now released new guidance regarding ADR techniques including arbitration. The 5-page memorandum outlines a set of case selection criteria. Speaking after the arbitrator’s decision the antitrust division’s Assistant Attorney General Makan Delrahim signalled in a series of speeches the DOJ would seriously consider using arbitration going forward if certain cases fulfil the criteria, which has culminated in the roll out of the division’s new guidance.
In particular the panel are expected to discuss:
- Following the success of the Novelis case, will the Biden-Harris administration follow suit in settling merger disputes? What does this mean for the future of arbitration regarding merger challenges within the United States?
- Is arbitration now the most effective tool for corporations and anti-trust practitioners to resolve disputes with governments?
- Dissecting the new guidance within the context of merger disputes.
- What are the challenges around ‘imposing’ arbitration in this way?
- How has the European Commission’s approach – including mandatory arbitration in EU competition law – worked?
- Questions of the arbitrability of competition law before private tribunals.
Filip Boras, partner, Baker McKenzie & Young Austrian Arbitration Practitioners (YAAP)
- Natalie Harsdorf-Borsch, deputy director general and managing director, Austrian Federal Competition Authority (BWB)
- Florian Neumayr, co-managing partner, bpv Hügel
- Johannes Willheim, partner, Jones Day
INFORMATION & REGISTRATION
Please visit the GAR Live: Vienna 2023 website: