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10 - 14 NOVEMBER 2025

Format: Hybrid

Dialogue with Judges: Cross-Cultural Exchange on Judicial Support in Arbitration

This session will foster an exchange between leading members of the judiciary and arbitration practitioners. Building on RAC’s series of conferences with judiciary members from the MENA region, this session will feature judges from across the MENA region as well as from other key jurisdictions worldwide. By bringing together judges, arbitrators, and legal practitioners from diverse legal systems, we will explore how different courts interact with arbitration – highlighting both regional developments and global trends.

The discussion will address key questions such as:

How do different jurisdictions balance judicial oversight with autonomy of arbitration?

What are the emerging best practices for enforcing arbitral awards and interim measures?

How can courts and arbitrators collaborate more effectively to enhance efficiency and fairness?

Mega-Projects, Mega-Disputes – Resolving disputes across Italy and the Gulf

Italian contractors and investors are heavily involved in the Gulf’s mega-projects and energy ventures – from skyscrapers in the UAE, new LGN projects, and ambitious infrastructures in Saudi Arabia – and these deals often spark high-value commercial disputes.

The panel will delve into managing and resolving such complex conflicts through arbitration, highlighting issues like differing contract standards (e.g. FIDIC conditions for constructions vs. long-term gas/LNG contracts), cultural and legal gaps between civil-law and common-law systems, and the massive claims arising from delays, cost overruns or supply disruptions.

Crucially, the speakers will explore the dispute resolutions tools available in Dubai – from the DIFC’s English language commercial courts to modern arbitral institutions like DIAC – and how these can serve as effective alternatives to more familiar venues Italian companies have used in Europe.

This strategic discussion is highly relevant to the region’s booming infrastructure and energy sectors, equipping Italian businesses with insight on resolving “mega-disputes” closer to their Gulf operations.

Developing an Arbitral Space for Small to Medium Commercial Transactions in Africa

This panel will explore how to make arbitration more accessible, affordable, and effective for Africa’s small and medium enterprises (SMEs)—the backbone of the continent’s economy but often excluded from formal dispute resolution systems. Experts will examine legal, institutional, and technological barriers SMEs face, and discuss practical solutions including simplified arbitration rules, regional arbitration centers, online dispute resolution (ODR), and capacity-building initiatives. Drawing on case studies and global best practices, the session will identify strategies to create a scalable, inclusive, and harmonized arbitral ecosystem that supports cross-border trade and intra-African commerce under frameworks like the AfCFTA.

The Dichotomy of Confidentiality and Transparency in Treaty-Based Investment Contracts

This panel will engage in a comprehensive exploration of one of the most pressing and evolving debates in international arbitration: the tension between the duty to protect confidential information and the increasing demands for transparency in treaty-based investment contracts. The discussion will be structured into three interconnected parts, offering a multi-layered legal analysis that spans the domains of public international law, international investment law, and private international law.

Part I – In Respect of Public International Law:
This section outlines the international legal framework governing transparency in treaty-based arbitration, focusing on key instruments like the UNCITRAL Rules on Transparency and the Mauritius Convention (Entered into force 2017), as well as provisions in modern investment treaties. It examines how transparency obligations interact with principles like state sovereignty and public interest, raising questions about the limits of transparency versus domestic confidentiality and sensitive information.

Part II – In Respect of International Investment:
This part analyzes confidentiality and transparency within investor–state contracts and disputes. It highlights legitimate reasons for confidentiality (e.g., trade secrets, state security) while acknowledging challenges to accountability in matters of public interest. The section reviews recent arbitral cases balancing these interests and notes a trend toward treaties that promote transparency while protecting sensitive data.

Part III – In Respect of Private International Law:
Focusing on private law, this section explores how contractual confidentiality clauses and procedural rules affect transparency. It discusses the impact of governing law and arbitration seat on confidentiality standards and how public international treaty obligations may override private agreements, especially in disputes involving both public and private concerns. It highlights the delicate balance that parties and tribunals must maintain between transparency and confidentiality.

Overall Objective:
Through these three perspectives, the panel aims to provide a nuanced and comparative understanding of the dichotomy between confidentiality and transparency in treaty-based investment contracts. It will offer insights into the legal foundations, policy considerations, and procedural strategies that can help reconcile these competing imperatives, ensuring both the protection of legitimate private interests and the promotion of trust in the international dispute resolution system

Shaping Dialogue, Strengthening Legacy: Mediation in the Family Business Context

Family businesses form the backbone of many economies in the Middle East, grounded in shared vision, values, and commitment. Yet even the strongest family enterprises face challenges when making pivotal decisions—whether appointing a successor, drafting a family charter, or planning for generational transitions.

This panel will explore how mediation can be applied to the unique dynamics of family businesses to foster clarity, empathy, and inclusion in decision-making. Drawing on real-world experiences and practical case studies, distinguished speakers will discuss proven strategies to optimise communication, bridge generational perspectives, and prevent disputes before they arise. The panel will also consider how mediators and other neutral professionals can facilitate leadership transitions, design effective governance frameworks, and support families in articulating shared values and long-term objectives.

The event will also launch the newly formed ‘Family Business’ Committee of the Mediation Hub.
By bringing together mediators, legal practitioners, advisors, and business leaders, this session aims to demonstrate the critical role of structured, respectful, and culturally attuned dialogue in preserving both business continuity and family harmony.

Disputes finance – Evolution or Revolution? Are we at an inflection point and how will it play out?

The panel will cover the multitude of new issues (globally) affecting disputes financing this year and their impact on the funding of arbitration.

  • Market update and changes
  • The rise of funding in arbitrations
  • General principles on costs in arbitration
  • Landmark decision in Essar v Norscott
  • The Follow-Up: Tenke Fungurume Mining SA v Katanga Contracting Services SAS
  • Comparative Institutional and Jurisdictional Approaches
  • Arguments for and Against Recovery of TPF Costs
  • Implications for Commercial Arbitration
  • The Road Ahead: Reform or Clarification?