International Arbitration and Healthcare

6. Oktober 2022 - 8. Oktober 2022

The International Arbitration Commission, Healthcare and Life Sciences Commission and Public Procurement Interest Group invite you to the vibrant city of Berlin for a AIJA double seminar:

Arbitration in Times of Change – New Lands and Frontiers in Arbitration?

Healthcare Sector in Transition – Is Public Procurement an Ally or an Enemy?

The International Arbitration Commission will focus on the opportunities and challenges that characterise our time and which impact the landscape of arbitration. For example: Economic sanctions are impacting arbitral proceedings, so how should they be dealt with? Tackling climate change is one of the major tasks of our time, so what role can arbitration play in this context? Also, is arbitration a true option for start-ups? How to deal with the unexpected: force majeure and hardship – has arbitration proven to be up to the challenges? And the always present issue of efficiency – could preliminary assessments and similar tools be a viable way to prevent lengthy and costly proceedings?

The Healthcare and Life Sciences Commission and the Public Procurement Interest Group joined forces to discuss the new trends in the fast moving healthcare sector, e.g. its digitalization or the developments on cannabis market, and the legal challenges these novelties are causing. As a big part of the healthcare markets used to be public, public procurement regulations apply on top of any sectorial changes. Is it an improvement in competition and the best way to spend public money, or just a burden for both the public buyer and private suppliers?

A vivid discussion, new ideas and presentations from the client’s perspective are guaranteed.

On Saturday, the three commissions will meet to make the picture even more complete and to discuss the successful dispute resolution strategies on the healthcare market.

Full programme

Arbitration in Times of Change – New Lands and Frontiers in Arbitration?

18:00 » 19:00 Registrations at Intercontinental Berlin
19:00 » 20:00 Welcome Reception at Intercontinental Berlin
20:00 » 23:00 Optional dinner (in small groups, several restaurants, payable onsite)

08:00 » 09:00 Registrations at Intercontinental Berlin
09:00 » 09:30 Welcome addresses
09:30 » 10:00 Keynote speech
10:00 » 11:15 Panel 1: Climate change disputes – is the future already here?

Moderator: Nadia Smahi, Bär & Karrer AG, Switzerland

Speakers:
Marion Carrega, Aramis Société d’Avocats, France
Manuel Deamici, Cocuzza & Associati, Italy
Ezra Jampole, Exponent, United States of America
Ole Jensen, Wilmer Cutler Pickering Hale and Dorr LLP, Germany

11:15 » 11:45 Coffee break
11:45 » 13:00 Panel 2: Could preliminary assessments and similar tools be a viable way to prevent lengthy and costly proceedings?

Moderator: Silvia Dahlberg, Advokatfirman Vinge KB, Sweden

Speakers:
Catrice Gayer, Herbert Smith Freehills LLP, Germany
Gunnar Pickl, DORDA Rechtsanwälte GmbH, Austria
Benjamin Wilson, Holland & Knight, USA

13:00 » 14:15 Lunch
14:15 » 15:30 Workshop A: How can we make arbitration a true option for start-ups?

Moderator: Dirk Wiegandt, HANEFELD, Germany

Speakers:
Olga Hamama, V29 Legal – Duve Hamama Rechtsanwälte PartG mbB, Germany
Jacopo Piemonte, Studio Legale De Berti Jacchia Franchini Forlani, Italy
Alexander Steinbrecher, Getir, Germany

Workshop B: Force majeure, hardship and how to deal with the unexpected?

Moderator: Antonius Jonetzki, GSK Stockmann Rechtsanwälte Steuerberater PartGmbB, Germany

Speakers:
Viktor Jeger, Nagy és Trócsányi, Hungary
Moritz Meister, Wendelstein Rechtsanwälte PartGmbB, Germany
Alicja Zielinska-Eisen, Queritius, Germany/Poland

15:30 » 16:00 Coffee break
16:00 » 17:15 Workshop A: How can we make arbitration a true option for start-ups?

Moderator: Dirk Wiegandt, HANEFELD, Germany

Speakers:
Olga Hamama, V29 Legal – Duve Hamama Rechtsanwälte PartG mbB, Germany
Jacopo Piemonte, Studio Legale De Berti Jacchia Franchini Forlani, Italy
Alexander Steinbrecher, Getir, Germany

Workshop B: Force majeure, hardship and how to deal with the unexpected?

Moderator: Antonius Jonetzki, GSK Stockmann Rechtsanwälte Steuerberater PartGmbB, Germany

Speakers:
Viktor Jeger, Nagy és Trócsányi, Hungary
Moritz Meister, Wendelstein Rechtsanwälte PartGmbB, Germany
Alicja Zielinska-Eisen, Queritius, Germany/Poland

17:15 » 18:00 International Arbitration Commission meeting
19:00 » 22:00 Dinner at the rooftop restaurant ‚Käfer‘, Please see more here: https://www.feinkost-kaefer.de/berlin

09:00 » 10:00 Registrations at Intercontinental Berlin
10:00 » 11:15 Panel 3: Litigation and arbitration as an obstacle for the procurement of Heath Care products/services

Procuring Health Care-products and -services is not like walking into a store and just grabbing what you like. Rather, most products and services are subject to a harsh competition between different providers. Their fight for bigger market shares is settled before different judicial systems: Arbitration as well as litigation, e.g., before the procurement tribunals and patent courts.

Moderator: Christopher Wolters, Blomstein, Germany

11:15 » 11:45 Coffee break
11:45 » 13:00 Panel 4: (Medical) Cannabis – one plant and a lot of legal questions!

From medical cannabis to CBD to full legalization for recreational use – the market for cannabis is diverse and growing rapidly. This seminar will center around the legal implications of medical cannabis – ranging from regulatory requirements (such as the interplay of Narcotic Acts and Medicinal Products Acts) to public procurement challenges as well as the IP protection and legally compliant advertisement of medical cannabis. In addition, the workshop will provide an outlook on the legalization of cannabis for other purposes from a German and EU perspective.

Moderator: Christina Kufer

13:00 » 14:00 Lunch
15:00 » 18:00 Eat the World – Guided Culinary City Tour (optional)
19:00 » 23:00 Dinner at Jolesch (optional) Address: Muskauer Straße 1, 10997 Berlin

 

 

Healthcare Sector in Transition – Is Public Procurement an Ally or an Enemy?

18:00 » 19:00 Registrations at Intercontinental Berlin
19:00 » 20:00 Welcome Reception at Intercontinental Berlin
20:00 » 23:00 Optional dinner (in small groups, several restaurants, payable onsite)

08:00 » 09:00 Registrations at Intercontinental Berlin
09:00 » 09:30 Welcome addresses
09:30 » 10:00 Keynote speech
10:00 » 11:15 Panel 1: Digitalisation of health care: ready to go?

Most nations have recently impressed an acceleration to the digitalisation process of their health care system, by launching calls for tenders to find private support, e.g., in setting up and managing the IT infrastructure needed to provide telemedicine services, remote monitoring, etc. Since there are still grey areas in the regulation, this process raises certain issues not only in the procurement as such but also as to the regulatory requirements and procedures.

Moderator: Elisa Stefanini

11:15 » 11:45 Coffee break
11:45 » 13:00 Panel 2: Once a supplier, always a supplier?

This workshop will focus on challenges and opportunities in keeping up an established relationship between a provider of medical supply and its customer. Challenges as well as opportunities can arise from a Public Procurement perspective (Duty to retender? Reasons to award maintenance to a certified contractor or to open for competition?) as well as be due to regulatory reasons.

Moderator: Katarzyna Kuzma

13:00 » 14:15 Lunch
14:15 » 15:30 Panel Procurement Law: Sanctions against Russia and public procurement

The Russian aggression against Ukraine has brought the EU a sanctions regime that is completely new and directly touches public procurement in the EU Member States. This session will cover the way how the sanctions are applied in practice, their interplay with public procurement regulations and their implications for contracting authorities and tenderers all over the EU.

14:15 » 15:30 Healthcare: The new MDR: a look back and forward

Almost a year and a half after the application of the new European Medical Device Regulation and six months after the application of Regulation (EU) 746/2017 on in vitro diagnostic devices, this workshop aims to discuss the main critical issues that have been encountered and will need to be addressed by operators in the long implementation process. Among other things, we will discuss about the classification of borderline products, the requirements to continue to benefit from the transitional period, the new obligations for operators of the distribution chain and the possible changes of roles between manufactures and distributors, as well as the difficulties and timing of the device recertification process.

15:30 » 16:00 Coffee break
16:00 » 17:15 Informal Commission/Interest Group Meeting
19:00 » 22:00 Dinner at the rooftop restaurant ‚Käfer‘, Please see more here: https://www.feinkost-kaefer.de/berlin

09:00 » 10:00 Registrations at Intercontinental Berlin
10:00 » 11:15 Panel 3: Litigation and arbitration as an obstacle for the procurement of Heath Care products/services

Procuring Health Care-products and -services is not like walking into a store and just grabbing what you like. Rather, most products and services are subject to a harsh competition between different providers. Their fight for bigger market shares is settled before different judicial systems: Arbitration as well as litigation, e.g., before the procurement tribunals and patent courts.

Moderator: Christopher Wolters, Blomstein, Germany

11:15 » 11:45 Coffee break
11:45 » 13:00 Panel 4: (Medical) Cannabis – one plant and a lot of legal questions!

From medical cannabis to CBD to full legalization for recreational use – the market for cannabis is diverse and growing rapidly. This seminar will center around the legal implications of medical cannabis – ranging from regulatory requirements (such as the interplay of Narcotic Acts and Medicinal Products Acts) to public procurement challenges as well as the IP protection and legally compliant advertisement of medical cannabis. In addition, the workshop will provide an outlook on the legalization of cannabis for other purposes from a German and EU perspective.

Moderator: Christina Kufer

13:00 » 14:00 Lunch
15:00 » 18:00 Eat the World – Guided Culinary City Tour (optional)
19:00 » 23:00 Dinner at Jolesch (optional) Address: Muskauer Straße 1, 10997 Berlin