The research project "Choice of law clauses and their limitations", carried out at the Department of Private Law under the leadership of professor Dr. juris Giuditta Cordero Moss and supported by Statoil ASA, Orkla ASA, Advokatfirma Selmer DA and Yara International ASA, assesses the limits of party autonomy in international commercial contracts that contain an arbitration clause.
On the one hand, a clause submitting disputes to international arbitration aims at ensuring that the will of the parties is given effect to without interference by national courts. On the other hand, contracts may have implications that require an accurate application of national laws, and that may affect even international arbitration.
The seminar discusses to what extent company law and competition law may represent a limit to the validity and enforceability of arbitral awards that disregard the applicable national laws to give effect to the will of the parties.
Program:
09.00-09.15
The framework: Arbitration law and the New York Convention as limits to party autonomy
Professor Giuditta Cordero Moss, University of Oslo
09.15-09.30
Ongoing research on competition law as a limit to party autonomy in arbitration: status and call for input
Research Assistant Nicolai Nielsen, University of Oslo
09.30-10.15
Enforcement of arbitral awards and competition law
Dr. Renato Nazzini, University of Southampton
10.15-10.30
Break
10.30-10.50
The multiple faces of competition law and public policy
Professor Olav Kolstad, Law Firm Kvale, Oslo
10.50-11.10
Legal Remedies, competition law and public policy
Professor Erling Hjelmeng, University of Oslo
11.10-11.30
Practical experiences regarding competition law and arbitration
Associate Aapo Saarikivi, Law Firm Roschier, Helsinki
11.30-12.00
Discussion
12.00-12.30
Lunch
12.30-12.45
Ongoing research on company law as a limit to party autonomy in arbitration: status and call for input
Research Assistant Cathrine Bjoland, University of Oslo
12.45-13.45
Company law, shareholders agreements and public policy: observations and examples from practice
Professor Kristin Normann, Law Firm Selmer, Oslo
Professor Benoit Le Bars, Law Firm Le Bars Associés, Paris - Arbitration and Corporate law (pdf)
Professor Tore Bråthen, Norwegian School of Management, Oslo
Dr. Anders Christian Stray Ryssdal, Law Firm Wiersholm, Oslo
13.45-14.15
Discussion
Short biography of the speakers
Cathrine Bjoland, Research Assistant at the Department for Private Law, University of Oslo. She writes a thesis on company law, choice of law and arbitration.
Tore Bråthen, Dr. juris, Professor at the Norwegian School of Management BI, Oslo, and Visiting Professor at the University of Tromsø. Head of Department of Accounting, Auditing and Law at the Norwegian School of Management BI, he specialises in company law.
Olav Kolstad, Dr. juris, Professor at the Department for Private Law, University of Oslo, presently on leave and partner in the Law Firm Kvale & Co, Oslo. He specialises in European law, competition law, intellectual property, media and marketing. Full CV:
Benoit Le Bars, Dr., Professor at Vermont Law School and Cergy-Pontoise University Law School, in charge of business law and company law. He is a partner in the Law Firm Le Bars Associés, Paris, practicing within corporate law and arbitration.
Giuditta Cordero Moss, Dr.juris (Oslo), PhD (Moscow), Professor at the Department for Private Law, University of Oslo, in charge of private international law, international commercial law, comparative private law. Founder and manager of the research project “Choice of Law Clauses and their Limitations”.
Renato Nazzini, Dr. (miland and London), Reader in law at the University of Southampton and Visiting Professor at the University of Turin. He is a solicitor of the Supreme Court of England and Wales and a member of the Chartered Institute of Arbitrators. During several years as Assistant Director, Legal and Policy, and then Senior Consultant, at the UK Office of Fair Trading, he has advised on predatory/excess pricing, predatory conduct, margin squeeze, cartels, vertical price and non-price restraints, parallel imports, and competition issues in the financial sector. He has also participated in competition policy projects in the United Kingdom, the European Union and internationally, including the review of Article 82 EC, private enforcement, modernization, commitments and settlements, and procedural rights of third parties. Full CV: http://www.soton.ac.uk/law/staff/academicstaff/nazzini_renato.html
Nicolai Nielsen, Research Assistant at the Department for Private Law, University of Oslo. He writes a thesis on competition law and arbitration.
Kristin Normann, Dr. juris, Partner in the Law Firm Selmer, Oslo. She practices within company law and has been Professor at the Department for Private Law, University of Oslo, specialising in company law.
Anders Christian Stray Ryssdal, Dr. juris, Partner in the Law Firm Wiersholm, Oslo. Head of the European and Competition Law Practice Group, he practices within European law, competition law and litigation. Full CV:
http://wiersholm.no/enwiersholm/Pages/Profileviewer.aspx?AnsattId=1028&source=/enWiersholm/ourpeople/Pages/Partners.aspx
Aapo Saarikivi, LL.M., Associate at Roschier, Attorneys Ltd. He practices within dispute resolution, with a primary focus on international arbitration. He also lectures international trade law at the University of Helsinki.
For more information please contact Bodil Silset