Home Events Delos Event Moot Webinar The Benefits of Civil Law Traditions as the Contract Governing Law 

Date

08 April 2025

Time

CET
14 h 30 min - 18 h 00 min

The Benefits of Civil Law Traditions as the Contract Governing Law 

A large number of commercial disputes relate to civil law economies, and this event aims to explore the diversity and sophistication of civil law approaches to well-known contract law issues across a range of jurisdictions around the globe. The event will also provide an opportunity for fresh thinking about some of the most fundamental issues of contract law.

The programme for the event is as follows:

2.00pm – Registration and coffee

2.30pm – Welcome comments
By Thomas Granier (Anima DR, Paris) and Hafez Virjee (Delos & Virjee Arbitration, Paris), followed by introduction by Eloïse Glucksmann (Paris-Panthéon-Assas University, Paris).

3.00pm – Panel 1: “Civil Law Methods to Identify the Content of the Contract” followed by Q&A
With Jeonghye Sophie Ahn (Yulchon, Seoul), Mohamed Sameh Amr (Cairo University, Cairo), Gary Gao (Zhong Lun, Shanghai), Jerker Pitkänen (Castrén & Snellman, Helsinki), and moderated by Tilman Niedermaier (CMS, Munich).

4.30pm – Panel 2: “Civil Law Remedies to Uphold the Contract in Case of Performance Issues” followed by Q&A
With Laurent Aynès (Darrois Villey Maillot Brochier, Paris), Guilherme Carneiro Monteiro Nitschke (TozziniFreire, São Paulo), Christoph Müller (Université de Neuchâtel, Neuchâtel), Giacomo Rojas Elgueta (Chiomenti, Rome), Hiroyuki Tezuka (Nishimura & Asahi, Tokyo), and moderated by Marie-Élodie Ancel (Paris-Panthéon-Assas University, Paris).

6.00pm – Reception

Register here.

SPEAKERS

Jeonghye Sophie AHN, serves as a Co-head of the International Dispute Resolution Team at Yulchon LLC, with a focus on international arbitration and litigation. Her extensive experience in international arbitration includes serving in dual capacities as both counsel and arbitrator in proceedings governed by the SIAC, ICC, KCAB, and UNCITRAL Rules. Her expertise encompasses a broad range of sectors, including joint ventures, intellectual property, media & telecommunications, and construction. Her prowess extends to arbitration-related legal processes, where she has effectively represented both international and domestic corporations in actions concerning the enforcement of arbitration awards, the securing of interim measures, and the pursuit of injunctions. Sophie’s contribution to the field of international arbitration is significant, with her work including publications on the subject and participation in the revision of the KCAB International Arbitration Rules.

Prof. Dr. Mohamed Samer AMR, Dean of Faculty of Law – Cairo University. Prof. of Public International Law at Cairo University. Attorney-at-Law, Founder and Managing Partner of Amr & Partners Law Firm. Independent Arbitrator. Acted as Co-arbitrator, Presiding Arbitrator and Counsel under the Rules of Abu Dhabi Commercial Conciliation and Arbitration Centre (ADCCAC), Cairo Regional Centre for International Commercial Arbitration (CRCICA), Dubai International Arbitration Centre (DIAC), Dubai International Financial Centre – London Court of International Arbitration (DIFC-LCIA), International Chambers of Commerce (ICC), Qatar International Center for Conciliation and Arbitration (QICCA), and the Permanent Court of Arbitration (PCA). Member of the Appellate Body of the African Continental Free Trade Area (AFCFTA) Member of the Board of Trustees of Cairo Regional Center of International Commercial Arbitration Member of ICSID’s Panel of Arbitrators and Conciliators. Member of Arbitrators Panel in many International Arbitration Centers worldwide

Marie-Élodie ANCEL is a professor at University Paris II Panthéon-Assas, where she teaches private international law and comparative law. Professor Ancel regularly publishes case notes and articles relating to dispute resolution and applicable law, especially in the fields of contracts, intellectual property and e-commerce. Her first book was dedicated to The Characteristic Performance of the Contract (Economica, 2002) in French contract law and European private international law. Co-writer with Professors Pascale Deumier and Malik Laazouzi of a book on international contracts (Sirey, 2020), she also worked with Professor Hélène Gaudemet-Tallon on the sixth edition of her book Compétence et exécution des jugements en Europe (LGDJ, 2018). In 2013, she created Lynxlex, an online legal database dedicated to the private international law instruments of the European Union. Furthermore, Professor Ancel is one of the vice-chairpersons of the Comité français de droit international privé, a member of the Comité français de l’arbitrage and one of the co-founders of the International Academy for Arbitration Law (Arbitration Academy).

Lauren AYNÉS, is Doctor of laws and agrégé des facultés de droit since 1982. He is Professor Emeritus at the University of Paris I – Panthéon-Sorbonne (1990-2017) where he taught contract law. He joined Darrois Villey Maillot Brochier Law firm as Partner in January 2014. Laurent has developed a worldwide experience and is one of the most well known civil lawyers in Europe and is well regarded as an independent arbitrator. He practices arbitration primarily in the fields of international trade, joint ventures, construction, engineering, distribution, telecommunications, oil and gas and intellectual property under the rules of the ICC, Vienna Centre, Icsid, Uncitral, and in ad hoc proceedings. He has acted as a chairman, co-arbitrator or sole arbitrator in about 140 cases since 1990. He has also been involved as a mediator or conciliator in various cases. Apart from his activities as arbitrator, he has been involved as a legal expert in numerous major international disputes. He acted as legal consultant since 1978, mainly in business matters, and appears as French law expert before UK and US Courts, as well as before arbitral tribunals in numerous cases. Laurent is a member of many professional associations including the International Arbitration Institute, the French Center of Comparative Law, theCapitant Association, the French Committee of arbitration, the Club of arbitrators of Milan and Paris Center of international arbitration. He has lectured at the Universities of Oxford, Osaka and Tunis and is a frequent speaker in seminars and conferences. He speaks French and English. Laurent is scientific co-director of Lamy Droit des Sûretés (since 2002), Scientific director of the review Droit et Patrimoine (since 2003), Member of the Scientific committee of the Répertoire du Defrénois (since 2007) and Scientific director of the review Revue des contrats (2013).

Guilherme CARNEIRO MONTEIRO NITSCHKE, is Partner in the Litigation, Arbitration, and Mediation practice groups at TozziniFreire, Guilherme has broad experience in assisting commercial arbitrations and investment procedures before several different institutions and in cases of all levels of the Judiciary Branch in Brazil. His expertise also includes contractual consultative matters, negotiation of complex contracts and civil litigation for M&A transactions. In 2015, he worked as a visiting associate in the International Arbitration team at Dechert (Paris) LLP. Guilherme is also the vice-chair of the Brazilian Arbitration Committee (CBAr), arbitration reviewer, professor, and author of several books and articles related to private law and arbitration.

Gary GAO, admitted to the PRC Bar in 1995, is currently a partner of Zhong Lun Law Firm. Mr. Gao has in-depth understanding of corporate operations in all aspects, boasts sharp business acumen and accumulates rich experience in corporate compliance. He has assisted many multinationals, institutions and large domestic enterprises in different industries to deal with various compliance issues. In addition, Mr. Gao has a wealth of experience in cross-border arbitration, litigation, mediation and negotiation. He specializes in strategic planning for dispute resolution across multiple jurisdictions, and is familiar with the application of cross-jurisdictional law, collection and screening of evidence and application of burden of proof rules. Mr. Gao also acts as an expert witness on Chinese law in foreign litigation or arbitration proceedings, providing legal advice on Chinese substantive law and procedural law for clients and foreign legal teams.

Eloïse GLUCKSMANN, is a researcher in international arbitration. Her research focuses on how international arbitrators deal with illicit commercial practices from the perspective of both international commercial and investment arbitration. She is currently completing her Ph.D. on this topic, that she has pursued in France at the Université Paris-Panthéon-Assas and the Sorbonne School of Law, as well as in Switzerland with the University of Neuchâtel. She has also been a visiting scholar at Georgetown University in the United States and at the Max Planck Institute for Comparative Procedural Law in Luxembourg. Eloïse currently serves as a scientific coordinator of the CUSO-PhD in Law program for the University of Geneva. In addition to her academic role, she also actively engages in teaching. Her teaching experience encompasses a range of courses related to private law, comparative law, and international law, delivered at several universities (Sorbonne, Assas, Neuchâtel, Georgetown, Toulouse-Capitole), as well as at the European Business School in Paris. She is the founder of the Assas International Law Review. Previously to starting an academic career, she graduated from the Sorbonne Law School and the Université Paris-Panthéon-Assas. She is admitted to the Paris bar.

Thomas GRANIER is a founding Partner at Anima Dispute Resolution. He has a decade of experience in representing companies and State-entities in international arbitrations and in setting aside proceedings with a particular focus on Africa-related work. He has developed a specific expertise in regulated industry sectors, including in particular renewable energies, oil & gas, power, nuclear, infrastructure, mining and life sciences. He has extensive experience in compliance and ESG related disputes. Thomas regularly acts as arbitrator under the rules of the ICC, the DIS, Delos Dispute Resolution and in ad hoc arbitrations. He is a co-founder of Delos Dispute Resolution. He works in English, French and German and has conducted proceedings in all three languages.

Christoph MüLLER, is a Professor of Private Law at the University of Neuchâtel, specializing in Specific Contracts, Comparative and European Private Law, and Tort Law. Holding a Ph.D. from the University of Neuchâtel and an LL.M. from Columbia Law School, Christoph has extensive expertise in international commercial contracts, corporate law, and private international law across Swiss, German, French, UK, and US legal systems. With a distinguished career spanning academia and practice, Christoph has served as Dean of the Faculty of Law at the University of Neuchâtel and as a Senior Associate at leading Swiss law firms. He has acted as presiding, sole, and co-arbitrator, as well as a legal expert, in over 150 international and domestic arbitrations under ICC, Swiss Rules, LCIA, SCC, UNCITRAL, TAS, and WIPO. He is a member of the ASA Board and its Executive Committee, the ICC Switzerland panel of arbitrators, and the Swiss Chambers’ Arbitration Institution’s Arbitration Court. Fluent in German, French, and English, with knowledge of Italian, Spanish, and Farsi, [Name] is also a founding member and head lecturer of the CAS in Arbitration and the Swiss Arbitration Academy.

Tilman NIEDERMAIER, represents clients in complex disputes before courts and arbitral tribunals. He is an expert in international procedural and contract law and focuses on corporate, commercial and international investment disputes. Tilman advises on matters related to large-scale projects, distribution and procurement contracts, license and IP agreements, M&A contracts and joint ventures in a variety of industry sectors (i.a. automotive, aerospace & defence, engineering, energy, infrastructure & transport and sports). Tilman also acts as arbitrator. He joined CMS in 2010 and has been a partner since 2018. Prior to that, Tilman was a research fellow at the Institute of International Law of the Ludwig Maximilians University Munich and worked for a lawyer admitted to the German Federal Supreme Court. He is a lecturer at the Martin Luther University Halle-Wittenberg and the Ludwig Maximilians University Munich for international procedural and arbitration law.

Jerker PITKÄNEN, I have worked in the fields of risk management and dispute resolution for more than a decade. My main areas of expertise include arbitration, litigation, mediation and pre-dispute consultation. I also frequently advise clients in non-contentious matters, with a focus on construction, insurance and corporate law matters. A considerable part of my work consists of international and domestic arbitration. In recent years, I have worked closely with clients in the energy sector, acting as counsel in numerous large-scale contractual disputes for both contractors and employers. I have gained vast experience from various EPCM and EPC (both FIDIC based and customised) contracts governed by laws of different countries, including Finnish, Swedish, Estonian and English law. Furthermore, I often advise clients in post-M&A disputes and disputes related to shareholders’ agreements, sale of goods, product liability and IT. I have also been appointed as arbitrator and acted as secretary for arbitral tribunals in large-scale disputes. In addition to arbitration, I frequently litigate in courts of all instances.

Giacomo ROJAS ELGUETA, assists Italian and foreign clients in international and domestic arbitration proceedings with a particular focus on construction, international commercial contracts, Oil & Gas, renewables, corporate and post-M&A disputes. He has gained significant experience in investment arbitration, as well. He assists clients in all the steps and strategic decisions involved in an arbitration, from the drafting of the arbitration agreement to the recognition and enforcement of foreign awards, building his broad experience upon a deep knowledge of substantive law. He frequently acts as arbitrator in ad hoc and administered arbitrations, both domestic and international, with seat in different jurisdictions and under a wide variety of rules (including ICC, Milan Chamber of Arbitration, Swiss Arbitration Centre) and applicable laws. He has been appointed as expert by the Italian Republic in several investment arbitration proceedings under the rules of ICSID and SCC, and by multinational corporations before U.S. federal courts and the courts of England and Wales. He assists Italian and foreign clients on Private and Commercial Law matters before Italian State courts, and he is often requested to provide advice on international commercial contracts and to render legal opinions. In 2022, he has been appointed as Member of the “List of Candidates Suitable for Appointment as Arbitrators in bilateral disputes under trade agreements with third countries” by the European Commission; in 2023 he has been designated by the Italian Government as Member of the “Panel of Conciliators” at the International Centre for Settlement of Investment Disputes (ICSID); in 2024, he has been appointed as Member of the Garantee Board of the Italian National Olympic Committee – CONI and as Italian delegate at the “ICC Commission on Arbitration and ADR.” Giacomo is recognized by Who’s Who Legal: Arbitration as a Global Leader, he is listed among Italian national leaders by Who’s Who Legal: Arbitration – Italy, as Excellent by Leaders League: Italy (Best Arbitrators for International Arbitration), and he was the Winner of the category Arbitration – Italy of Lawyer Monthly – Legal Awards 2022.

Hiroyuki TEZUKA, a leading figure in international litigation and arbitration, has handled a variety of cases including M&A, licensing, and construction disputes, as well as intellectual property disputes as counsel and as an arbitrator. Hiroyuki heads our international dispute resolution practice. He specializes in international commercial litigation, arbitration, and mediation, and has represented many international clients, including multinational manufacturers, banking and securities firms, insurance companies, and information media companies, in disputes involving M&A, antitrust laws, corporate governance, insurance laws, intellectual property, defamation, joint ventures, licensing, construction, and other commercial matters, as well as international bankruptcy proceedings. He has been involved in a number of international arbitrations as counsel, sole arbitrator, and co-arbitrator (including chair) before the ICC, JCAA, AAA-ICDR, VIAC, KCAB, and SIAC. Hiroyuki serves as Vice President of the Japan Association of Arbitrators and as Chief Director of the Japan International Mediation Center in Kyoto; formerly, he served as the Vice Chair of the Arbitration Committee of the IBA Legal Practice Division, and as Co-Chair of the Dispute Resolution and Arbitration Committee at the IPBA (2016-2020). From 2013 to 2016, he taught international arbitration and international dispute resolution at the University of Tokyo, School of Law as a visiting professor. He also served as a member of the International Court of Arbitration of the ICC (second term, through June 2024), a Council Member of the ICC Institute of World Business Law (ongoing, since 2018), and a member of the Court of Arbitration of the SIAC (2013-2024).

Hafez VIRJEE  is the President and a co-Founder of Delos. Hafez also serves as an independent arbitrator at Virjee Arbitration. He previously acted mainly as counsel. His clients have spanned the range of listed companies, private equity firms, tech start-ups, industrial concerns, State entities and treaty organisations, in disputes across a wide range of sectors and relationships, including shareholder agreements, joint-ventures, agency, M&A, telecommunications, tech, energy, pharmaceutical, construction and defence. Hafez is a solicitor of England & Wales and also qualified in France. He was previously at Dechert in Paris (with a secondment to Dubai in 2015) and prior to that at Freshfields Bruckhaus Deringer in London. He co-edits the Delos Guide to Arbitration Places (GAP) and regularly writes and speaks on international arbitration and legal risk management. He holds degrees from the University of Cambridge (M.A.), the Université Paris II – Panthéon-Assas (Maîtrise) and the University of California – Berkeley (LL.M.). He is listed as an arbitration leader by Who’s Who Legal in multiple categories.

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