Diana Paraguacuto-Mahéo, Global Co-Chair International Litigation & Arbitration, Foley Hoag
Philippe Pinsolle, head of international arbitration for continental Europe, Quinn Emanuel Urquhart & Sullivan
 

Geopolitical upheaval has thrust force majeure back to the centre of arbitral practice, testing the limits of long-settled doctrines. This session brings together leading practitioners to examine how civil and common law systems respond when crisis disrupts contractual performance, and how tribunals assess causation, risk allocation, sanctions and illegality.

• When does a geopolitical crisis become a force majeure event?
• Contract language versus governing law: which matters most?
• Civil and common law approaches to risk allocation and force majeure
• Proving causation amid sanctions, conflict and supply chain disruption
• Can past crises provide guidance for an increasingly unpredictable world?

What are arbitral institutions seeing on the front lines of international arbitration? Representatives from leading institutions will discuss the practical challenges and emerging trends shaping their work, from arbitrator appointments and challenges to evolving expectations around neutrality, efficiency and procedural fairness. The discussion will also explore how civil and common law traditions continue to influence institutional approaches and decision-making.

Held under Chatham House Rule, this interactive session will bring together a diverse panel of arbitration professionals to share candid, practice-led insights. Driven by audience questions, the discussion will explore the issues shaping arbitration today, including the use of AI, arbitrator selection and evolving pricing models on the choice of seat.

Diana Paraguacuto-Mahéo, Global Co-Chair International Litigation & Arbitration, Foley Hoag
Philippe Pinsolle, Head of International Arbitration for Continental Europe, Quinn Emanuel Urquhart & Sullivan

Interviewee: Kaj Hobér, Door Tenant, Professor emeritus of International Investment and Trade Law, 3VB, Uppsala University

Few issues divide civil and common law practitioners as sharply as disclosure. This session will examine where their expectations clash, when document production becomes too expansive, where privilege is misunderstood, and how tribunals can strike the right balance between transparency and confidentiality.

• Do civil and common law-trained arbitrators approach document production differently?
• When does document production become too expansive?
• Where is privilege misunderstood in international arbitration?
• How should tribunals navigate competing disclosure expectations?
• Striking the balance between transparency and confidentiality

• How is the Nordic region positioning itself in global arbitration?
• Key developments across Sweden, Norway, Denmark and Finland
• Trendsetters or following global practice?
• The role of institutions and seats in the region’s growth

Presented with a series of realistic arbitration scenarios, our panel of leading practitioners will explain how they would approach the procedural, strategic and ethical challenges that arise in practice. Drawing on experience from civil law jurisdictions, panellists will compare perspectives, debate potential solutions and reveal the considerations that shape their decisions. Audience input will help drive the discussion, making this an engaging and highly practical session.

• What should arbitration reform seek to achieve?
• Following the pack or setting the pace: how jurisdictions compete as arbitral seats
• Civil and common law traditions: convergence or healthy diversity?
• The forces shaping the next generation of arbitration legislation
• Can institutional rules move faster than national laws?

Diana Paraguacuto-Mahéo, Global Co-Chair International Litigation & Arbitration, Foley Hoag
Philippe Pinsolle, Head of International Arbitration for Continental Europe, Quinn Emanuel Urquhart & Sullivan