Events

IV Judges and Referees Congress

Allies in resolving trade disputes

The Rafael del Pino Foundation collaborated in the organisation of the "IV Congress Judges and Arbitrators: allies in the resolution of commercial disputes" which took place on 24 November.

Disputes are inherent to business and even more so in economic downturns. The most effective thing to do with them is to remove them as soon as possible, and in the most efficient way. Because an open dispute is always an unfinished business that strains relations between companies and people and prevents new and good projects from arising or materialising, which could be undertaken jointly and contribute to the country's economic development.

In this sense, it is a fact that arbitration is nowadays the most effective means of dispute resolution in international trade and business in general.

This was already the IV Arbitration Congress held in Spain, bringing together the highest judicial authorities with responsibility in arbitration matters with the most prestigious arbitration specialists.

The aim of the Congress was to create a forum for debate and knowledge among professionals dedicated to arbitration in the private sector and the judiciary. It is a well-established event in the sector, established as an unmissable meeting for professionals in the world of arbitration, which last year was attended by more than 200 professionals (including judges, magistrates, lawyers from the most prestigious law firms and corporate lawyers).

The event was structured according to the following programme:

9:00 WORDS OF WELCOME
D. Vicente J. Montes (Director Rafael del Pino Foundation)

9:15 AM OPENING
Mr Ángel Garrido (Regional Minister for the Presidency, Justice and Spokesman of the Government of the Community of Madrid)
D. Antonio Sánchez - Pedreño (President of the Madrid Court of Arbitration)

9:45 - 11:00 ROUNDTABLE I: CONSTITUTIONAL AND ARBITRATION
a. Constitutional basis for arbitration
b. Is there a fundamental right to arbitration?
c. Access routes: is it possible or not?
Moderator: Mr. Miguel Ángel Fernández Ballesteros (Referee)
Speakers:
1. Mr Ignacio Díez-Picazo (Professor of Procedural Law and Lawyer, on leave of absence from the Constitutional Court)
2. Mr. Pascual Sala Sánchez (former President of the Constitutional Court and the Supreme Court)
3. Mr Juan Antonio Xiol Ríos (Magistrate of the Constitutional Court)

11:30 - 12:45 PANEL II: TRANSPARENCY AS SEEN BY JUDGES: WHAT IS THE STANDARD?
a. Appointment of arbitrators
b. Challenge
c. Publicising decisions
Moderator: Mr. Juan Fernández Armesto (Armesto & Asociados)
Speakers:
1. Mr Francisco Javier Vieira (President TSJ Madrid)
2. Mr. Miguel Pasquau (Magistrate TSJ Andalucía)
3. Mr. Antonio García (Magistrate TSJ Basque Country)

12:45 - 14:00 PANEL III: INDEPENDENCE AND IMPARTIALITY: TRANSNATIONAL VISION
a. Of the arbitrators
b. Arbitral institutions
Moderator: Mr. David Arias (Arias S.L.P.)
Speakers:
1. Herr Richter Axel Bartels (Presiding Judge at the Hamburg District and Appeal Court - Landgericht Hamburg)
2. Mr. Joe Tirado (Garrigues, London)
3. Ms. Mariana França Gouveia (PLMJ Arbitration, Lisbon)

15:15 - 16:30 ROUND TABLE IV: PRECAUTIONARY MEASURES
a. Is the threshold different for judges and arbitrators?
b. Concurrence of jurisdiction: what happens if the measures are requested from judges and arbitrators?
c. Jurisdictional support for arbitration measures: is it effective?
d. Enforceability of the emergency arbitrator's decision
Moderator: Mr. Jesús Remón (Uría Menéndez)
Speakers:
1. Mr. David Suárez (Court 101 of Madrid)
2. Ms. Carmen Núñez-Lagos (Hogan Lovells)
3. Mr. Alberto Fortún (Cuatrecasas Gonçalves Pereira)

16:45 - 18:00 PANEL V: CIVIL LIABILITY OF REFEREES AND INSTITUTIONS
a. What is the standard?
b. Are there grounds for exemption?
c. Extent of the institutions' liability
d. Actual coverage of insurers
Moderator: Mr. José Antonio Caínzos (Clifford Chance)
Speakers:
1. Mr Fernando Pantaleón (Professor of Civil Law, Arbitrator)
2. Mr. Jesús Gavilán (Magistrate, Madrid Provincial Court)
3. Mr. Francisco de Borja Iriarte Ángel (Magistrate TSJ Basque Country)
4. Ms. María José Menéndez (Ashurst)

18:00 - 18-.30 CLOSING CEREMONY
D. Rafael Catalá, Minister of Justice
D. Antonio Sánchez - Pedreño, President of the Madrid Court of Arbitration
Ms. María del Pino, President Rafael del Pino Foundation

The Rafael del Pino Foundation is not responsible for the comments, opinions or statements made by the people who participate in its activities and which are expressed as a result of their inalienable right to freedom of expression and under their sole responsibility. The contents included in the summary of this conference, written for the Rafael del Pino Foundation by Professor Emilio González, are the result of the debates held at the meeting held for this purpose at the Foundation and are the responsibility of the authors.

The Rafael del Pino Foundation is not responsible for any comments, opinions or statements made by third parties. In this respect, the FRP is not obliged to monitor the views expressed by such third parties who participate in its activities and which are expressed as a result of their inalienable right to freedom of expression and under their own responsibility. The contents included in the summary of this conference, written for the Rafael del Pino Foundation by Professor Emilio J. González, are the result of the discussions that took place during the conference organised for this purpose at the Foundation and are the sole responsibility of its authors.

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