AGENDA OF THE WORKSHOP
Judicial Workshop on Creating Effective Commercial Courts
Tunis, Tunisia
April 24-27, 2017
Sponsored By: The Tunisian Ministry of Justice And The Commercial Law Development Program (CLDP) –U.S. Department of Commerce-
EXPERTS
The Honorable Judge Kevin Castel, Southern District of New York
Mr. Ahmed Ouerfelli, Former Judge, Managing Partner, Ouerfelli Attorneys & Counsels
The Honorable Judge Mohammed Mubarak Al-Sabousy, Chief Judge, Commercial Court Dubai Courts
Pr. Sami Bostanji, Dean of the Tunis Faculty of Law and Political Science
Guillaume Deroubaix, Managing Director, LexisNexis Middle East & North Africa
WORKSHOP AGENDA
DAY 1
Monday, April 24
Welcoming Remarks, Court Specialization
9:00 AM Welcoming Remarks & Introduction of Speakers and Participants
Speakers: His Excellency the Minister of Justice of Tunisia
US Embassy Representative
Judge Kevin Castel, Southern District of New York
Adam Al-Sarraf, CLDP
9:30 AM The Role of Courts in the Economy and in Economic Development
Speaker: Judge Kevin Castel, Southern District of New York
· The importance of an efficient, transparent and predictable dispute resolution process for the business community
· The role of the courts in attracting foreign investment and trade
10:15 AM The Doing Business Indicators: Assessing the Impact of Courts on Businesses
Speaker: Adam Al-Sarraf, CLDP
· The Doing Business Methodology
· The “Enforcing Contracts” Indicator-Court Automation, Specialization
· Country rankings
10:45 AM Overview of Court Specialization and Processes in MENA Region
· Each delegation will present on developments and reforms implemented to streamline the dispute resolution process for commercial cases
11:45 AM Coffee Break
12:15 PM Court Specialization and Structure
Speakers: Judge Kevin Castel, Southern District of New York
Judge Mohammed Mubarak Al-Sabousy
· Importance of specialization for business community (Doing Business Rankings)-speed, competence, predictability
· Customizing courts to serve economic and business needs
· Identifying the types and sizes of disputes that may require a specialized, streamlined process
· Fast tracking and emergency measures
· Creating clear and efficient jurisdictional boundaries
· Overview of Commercial Division of New York’s jurisdiction and local rules
· Overview of Dubai Commercial Court’s jurisdiction and local rules
1:45 PM Lunch
2:30 PM Improving Efficiency Through Case Management (Part I)
Speaker: Judge Kevin Castel, Southern District of New York
Judge Mohammed Mubarak Al-Sabousy, Chief Judge, Commercial Court, Dubai
Mr. Ahmed Ouerfelli, Former Judge, Managing Partner, Ouerfelli Attorneys & Counsels
· Creating streamlined procedures to adjudicate disputes within legal limitations
· Pre-trial conferencing
· Setting deadlines and minimizing adjournments
4:00 PM Discussion Session
DAY 2
Tuesday, April 25
Procedural Issues in Commercial Cases and Application of International Law
9:00 AM Review of Day 1 topics
9:30 AM Improving Efficiency Through Case Management (Part II)
Speaker: Judge Kevin Castel, Southern District of New York
Judge Mohammed Mubarak Al-Sabousy
· Mediation and other ADR
11:00 AM Coffee Break
11:30 AM Admissibility of Electronic Evidence in US Courts (Part I)
Speakers: Judge Kevin Castel, Southern District of New York
· Challenges with new technology and authentication
1:00 PM Lunch
2:30 PM Admissibility of Electronic Evidence in Dubai Courts (Part II)
Speakers: Judge Mohammed Mubarak Al-Sabousy, Dubai Courts
· Challenges with new technology and authentication
· Open Discussion
3:00 PM The Role of Online Publications for Transparent and Predictable Commercial Litigation
Speaker: Guillaume Deroubaix, Managing Director, LexisNexis Middle East & North Africa
· The growing importance of case law in civil law countries
· Technological developments in the legal field
· Best practices in judicial opinion writing
3:45 PM Coffee Break
4:15 PM Overview of Practical Considerations in the Adjudication of Cross Border Disputes
Speakers: Judge Kevin Castel, Southern District of New York
Mr. Ahmed Ouerfelli, Former Judge, Managing Partner, Ouerfelli Attorneys & Counsels
Pr. Sami Bostanji, Dean of the Tunis Faculty of Law and Political Science
· Choice of law and conflict of laws
· The role of international principles versus local laws in the determination of jurisdiction
· Applicability of international treaties and conventions
· Applicability of international commercial principles
4:45 PM End of Day
DAY 3
Wednesday, April 26
Application of International Treaties
9:00 AM Review of Day 2 topics
9:30 AM Application of International Treaties in Cross Border Disputes (Part I Arbitration)
Speakers: Judge Kevin Castel, Southern District of New York
Mr. Ahmed Ouerfelli, Former Judge, Managing Partner, Ouerfelli Attorneys & Counsels
Pr. Lotfi Chedly, Dean of the Tunis Faculty of Legal, Social and Political Science, Tunis II
· The importance of complying with international obligations when deciding cross-border disputes
· The importance of predictable and consistent interpretations of international treaties
· Public Policy exceptions to application
· The UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention)
· The importance of enforcing and protecting contractual rights in the international context
11:00 AM Coffee Break
11:30 AM Case Study- Enforcement of Arbitral Award Exercises
Speakers: Judge Kevin Castel, Southern District of New York
Mr. Ahmed Ouerfelli, Former Judge, Managing Partner, Ouerfelli Attorneys & Counsels
· The UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention)
1:00 PM Lunch
2:30 PM Application of International Treaties in Cross Border Disputes (Part II-CISG).
This session was skipped for organiosational reasons.
Speakers:
Mr. Ahmed Ouerfelli, Former Judge, Managing Partner, Ouerfelli Attorneys & Counsels
Pr. Sami Bostanji, Dean of the Tunis Faculty of Law and Political Science
· The UN Convention on Contracts for the International Sale of Goods (CISG)
· Using international principles to fill gaps in domestic laws (e.g. UNIDROIT principles)
4:00PM Case Study on Application of CISG
This session was skipped for organiosational reasons.
· The UN Convention on Contracts for the International Sale of Goods (CISG)
· Using international principles to fill gaps in domestic laws (e.g. UNIDROIT principles)
DAY 4
Thursday, April 27
Private Sector Roundtable
:00 AM Review of Day 3 topics
9:30 AM Roundtable with Private Sector Community on Improving Court Procedures
Speakers: Emna Krichene, Attorney
Aslan Berjeb, Attorney, Berjeb Lawyers
UTICA, Tunisian Confederation of Industry, Trade and Handicrafts
CONECT, Confederation of Tunisian Citizen Enterprises
11:30 AM Coffee Break
12:00 AM Developing Court Specialization Strategies for MENA Region
Moderated by Adam Al-Sarraf
1:00 PM Closing Remarks and Distribution of Certificates
2:00 PM Lunch
