On April 29, 2021, the third session of the International Legal Lecture Series in the Master of European and International Law elective module was successfully held online. Dr. Corinne Rüchardt was invited to give a presentation on ICC proceedings from a comprehensive, practical perspective. This guest lecture was part of the elective course on International Commercial Arbitration (by Dr. Madeleine Martinek and Dr. Monika Prusinowska) but also open for other students to attend.
As an associate in the litigation group of Greenberg Traurig Germany, LLP, Dr. Corinne Rüchardt manages all phases of litigation and handles judicial and extrajudicial dispute resolution in her practice. She is a member of the Greenberg Traurig’s Industry Team International Arbitration and assists in the enforcement of foreign judgments and arbitral awards in Germany and other issues of procedural law.
The lecture was chaired by Dr. Madeleine Martinek, with the participation of Dr. Griselda Qosja and Prof. Monty Silley. Dr. Corinne Rüchardt first presented a comprehensive overview of the general procedure of ICC arbitration. Then she analyzed the role and functions of the attorney, the ICC court, and the particular tribunal in ICC proceedings and added valuable practical advice. Finally, she concluded with current developments and challenges that exist in ICC proceedings, raising cutting-edge issues and leading to further reflection on future procedural issues.
In terms of the commencement of general ICC procedure, Dr. Corinne Rüchardt highlighted the procedure of the case management conference, the procedural orders, the exchange of briefs (submissions), the hearing procedures, the post-hearing briefs, the submission of cost statements, as well as challenges concerning future enforcement.
In practice, the attorney plays a key role in assisting in the choice of arbitrator and the design of the proceedings, as well as providing basic guidance to witnesses and a thorough consideration of costs and the assessment and avoidance of risks associated with future enforcement. The court acts as a supervisory body, ensuring transparency by means of documentation and records, scrutinizes and approves the award; and the tribunal hears and decides the case, constantly seeking a balance between procedural fairness and efficiency.
Further, Dr Corinne Rüchardt gave a practical analysis of the need for a cautious approach to the application of boilerplate clauses; the need to consider a number of issues like the nature of the parties (involving international, professional entities), the risk of insolvency, different legal traditions etc. when choosing an arbitration procedure and furthermore the ICC arbitration procedure. She also added a brief introduction to the expedited procedure.
Finally, the advantages and risks of “remote hearings” were examined in the context of COVID-19. Dr. Corinne Rüchardt referred to the newly revised ICC Arbitration Rules and the uncertain prospects of the goal of increasing the publication of awards, evoking many insights into and reflections on international arbitration rules.
In the subsequent question-and-answer session, an in-depth discussion was held on the technical platform of remote hearings, the choice between an arbitration process and a stable and predictable court process, the choice of arbitrators, the conflict between different legal traditions, and the strategies of cross-examination in practice. The discussions enabled the students to gain a more concrete and multi-faceted understanding of the practical aspects of international commercial arbitration, solidifying the course content and stimulating more practical thinking.
Original text by MA Ge (2019 Double-Master CESL)
