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Data protection laws prescribe the legal rules applicable whenever personal data is processed, including when, where and how personal data may be processed. However, they do not address how they should be applied in specific contexts, such as in arbitration.  The ICCA-IBA Roadmap to Data Protection in International Arbitration (“Roadmap”) has been developed by the ICCA-IBA Joint Task Force on Data Protection in International Arbitration as a tool to assist arbitration professionals in understanding how the data protection and privacy laws may apply during international arbitration proceedings.

 

When a participant in an arbitral is subject to a data protection law, compliance is legally required. This means that in practice data protection principles will need to be applied during the arbitration to supplement the applicable laws, arbitration rules, and soft law instruments (including the IBA Rules).  By reference to general data protection principles, the Roadmap aims to assist arbitral participants in identifying and addressing data protection issues, and proposes that data protection compliance should be addressed early in the arbitral proceedings and that a reasonable, cooperative, and proportionate approach be adopted and documented.  The Annexes provide practical guidance in the form of practice tips, check lists, references, and sample text for data protection directions and protocols, standard contractual clauses, and privacy notices.

 

This interactive session will focus on the practicalities of applying the data protection rules during an arbitration. We will use practical examples from the Roadmap and practice to highlight both the timing and means that can be employed to address compliance during an arbitration.

 

Melanie van Leeuwen joined Derains & Gharavi as a partner in 2011.

Who’s Who Legal describes Melanie as “a Dutch superstar in Paris, who is lauded as an outstanding professional and great personality”, noting that “she is the best of the best”. Chambers Europe ranks Melanie in the category of Most in Demand Arbitrators, describing her as “a real powerhouse with a very strong presence and a sharp sound legal mind.” Legal 500 lists Melanie as “an excellent strategist who has a profound knowledge of investment law and impresses by the outstanding quality of her written and oral pleadings.”

Since 1996, Melanie has been practising international arbitration exclusively. She has solid experience as counsel and arbitrator in both commercial and investment arbitration, conducted under all major sets of arbitration rules (ICC, LCIA, LCIA-MIAC, ICSID, SCC, ICDR, UNCITRAL, PCA, DIAC, NAI, CEPANI and Swiss Rules) and governed by various procedural and substantive laws. She has handled over 100 arbitrations as counsel and arbitrator concerning disputes arising out of international commercial contracts, cross-border investment, joint ventures, mergers and acquisitions, construction projects and investment protection under international law. She has been particularly active in the sectors of energy, mining, media, information and communication technology, construction and engineering, real estate, aviation and infrastructural and defence projects. She also regularly represents clients in annulment, enforcement and consolidation proceedings before the Netherlands state courts.

Melanie has been appointed to the ICSID panel of arbitrators by the Kingdom of the Netherlands. At present, she is serving as chair of the ICC Commission on Arbitration, as co-chair of the ICCA-IBA Joint Task Force on Data Protection in International Arbitration, as a member of the Arbitration Court of the Swiss Chambers’ Arbitration Institution, as a member of the board of Paris, the Home of International Arbitration and as a board member of the Swiss Arbitration Association.

Kathleen Paisley is a recognised international arbitrator and mediator. She is triple qualified in law, finance and accounting, with a JD from the Yale Law School, an MBA in finance and has completed the CPA exam. Kathleen has acted in commercial cases under all the major international arbitration rules as arbitrator and counsel, and in investor-State cases before ICSID and under the UNCITRAL rules. She is an expert in IP, technology, pharmaceuticals and bio-technology, data protection and cybersecurity, as well as having a sophisticated understanding of finance and accounting-related issues. She has also acted as general counsel in both technology and pharmaceutical companies. In addition to her commercial and corporate experience, she is also recognized in both public and private international law having acted in investor-State cases for more than 25 years.

 

    Are you a member of CEPANI, CEPANI40? yesno

    Wanneer/Quand/ When: 06.10.2022 12.00-14.00

     

    Waar/Où/Where: VBO, Rue Ravensteinstraat 4, 1000 Brussel/Bruxelles

     

    Prijs/Prix/Price: CEPANI leden= € 150,00 excl. BTW; Geen lid = 175,00 € excl. BTW; Membres CEPANI =150,00 € HTVA; Non-membres = 175,00 € HTVA; CEPANI member; Non-member

     

    Les membres du CEPANI bénéficient d’une réduction de € 25,00 sur le prix d’inscription. De leden van CEPANI genieten van een korting van € 25,00 op de inschrijvingsprijs. CEPANI members benefit from a € 25,00 discount on the registration fee.

     

    Annulatie: Iedere annulatie dient ons ten minste drie werkdagen voor het evenement per e-mail te worden toegezonden. Annulation: Toute annulation doit être communiquée au CEPANI au minimum 3 jours ouvrables avant le jour de l’événement pour être prise en consideration. Cancellation: All cancellations must be communicated to CEPANI at least 3 working days before the day of the event in order to be taken into consideration.