The DIS Autumn Conference 2024, held on September 10 as part of the Berlin Dispute Resolution Days, brought together leading arbitration practitioners and experts from around the globe to explore and discuss key drivers of innovation in arbitration such as efficiency, diversity, AI, disclosure, and confidentiality.
The conference opened with a keynote by Michael E. Schneider (Lalive, Geneva), who addressed the challenges of managing complex disputes in arbitration. In this context he emphasized the importance of tribunals navigating multiple “realities” and deconstructing differing perspectives to uncover the truth. Schneider also highlighted that the quality of tribunal decisions is significantly influenced by the resources parties are willing to invest, as the depth of the tribunal’s engagement often depends on the level of funding provided for the arbitration process.
The first panel, moderated by Nadja Jaisli (Bär & Karrer, Zurich), explored whether diversity might impact the role of party-appointed arbitrators. Panelists, including Tim Cameron (Cravath, New York), Huw Jenkin (Travers Smith, London), Ramesh Selvaraj (Allen & Gledhill, Singapore), and Paula de Noronha (Independent Arbitrator, Munich), discussed the increasing emphasis on diversity in arbitrator appointments by institutions, though less so with party-appointed arbitrators. While diversity is important, the panel stressed that party autonomy should not be compromised, and there is a need to challenge biases without sacrificing the quality of arbitrator appointments.
In the second panel, moderated by Kai Schumacher (AlixPartners, Munich), the focus was on whether efficiency should be the ultimate goal in arbitration. Sabrina Streicher (BASF, Ludwigshafen), Raffaela Isepponi (SCC, Stockholm), Karol Bucki (MSC Mediterranean Shipping Company, Geneva), Arun Chawla (Indian Council of Arbitration, New Delhi), and Kevin Nash (SIAC, Singapore) highlighted that while efficiency is crucial, it must not come at the expense of thoroughness of the proceedings. In this context, the panel advocated for a holistic approach that balances time, cost, and quality, emphasizing active tribunal engagement and transparency from institutions.
The panel on AI, titled “The Sorcerer’s Apprentice – Only Upsides to AI in Arbitration?” and moderated by Mariel Dimsey (CMS, Hong Kong), examined the role of AI in arbitration. Eileen Khor (Siemens Energy, Erlangen), Milos Rusic (deepset, Berlin), and Tobias Vollmer (Raedas, London) discussed AI’s potential to streamline proceedings, particularly in managing large data sets. However, the panelists cautioned against over-reliance on AI without proper oversight, stressing the importance of human expertise to maintain the quality and confidentiality of arbitration proceedings.
Bernd Ehle (Lalive, Geneva), moderated the next panel on disclosure and neutrality, featuring Erica Stein (Stein Arbitration, Brussels), Shai Sharvit (Gornitzky, Tel Aviv), Max Thümmel (Bayer, Leverkusen), and Emilia Onyema (SOAS University, London). The panel underscored the importance of transparency while warning against excessive disclosure, which could complicate proceedings. In addition, they called for balanced and context-driven approaches to ensure fairness and efficiency.
The final panel, moderated by Nadine Lederer (Federal Ministry of Justice, Berlin), tackled the relevance of confidentiality in arbitration. Hans Hahn (Areva, Erlangen), Alma Forgo (formerly Airbus, Toulouse), and Kathleen Paisley (Ambos, Brussels) agreed that confidentiality remains vital, particularly in sensitive industries. However, the panel also acknowledged the growing call for transparency, especially in investor-state arbitration, and debated whether increased publication of awards truly benefits the parties involved.
In conclusion, the DIS Autumn Conference 2024 underscored the need for arbitration to evolve with the demands of an increasingly interconnected world, reaffirming its role as a flexible, efficient, and trusted dispute resolution method. As was highlighted by Ramona Schardt in her closing remarks, ongoing dialogue and careful, context-driven approaches will be essential as the arbitration community navigates future challenges and opportunities.
Deborah Keller