Javier Íscar, President of the Open de Arbitraje: “This year’s Open de Arbitraje has the most comprehensive programme to date"

Leaders League: This 12th edition of the Open de Arbitraje focuses on key issues such as artificial intelligence, geopolitics and sustainability. Do you believe these are the areas that are currently redefining arbitration?  

 
Javier Íscar: Arbitration always develops in tandem with the world’s economic, political and social landscape. And that ever-changing reality is reflected in arbitration proceedings. At present, the root of many disputes lies, or will lie, in issues related to geopolitical upheaval, where AI and sustainability already play a leading role. 

The agenda includes disputes in sectors such as energy, construction and M&A. What sort of cases are currently setting the trend in these sectors?  

 
In energy and construction, all cases relating to delays, supply issues, force majeure, the enforcement of guarantees and, to a lesser extent, rebus clauses. M&A transactions, particularly post-M&A matters, are becoming increasingly significant. Price adjustments, EBITDA determination, R&W, fraud, etc., are the order of the day.  
 
Efficiency in the management of procedures and the use of data and evidence will be key issues. What real progress is being seen in arbitration practice in this regard? 

  
It is a genuine revolution. It is a race among AI systems to see who can do it best and in the shortest time. Some say that our capacity to assimilate this has reached its intellectual peak, whilst others claim that this has only just begun. We will see at the open where we really stand.  

In sectors like energy and construction, disputes around delays, supply chains and force majeure continue to dominate

 This edition of Open de Arbitraje is inspired by Formula 1. How does that concept of speed, strategy and precision translate to the world of arbitration? 

  
The open always links everyday life with arbitration because there is a strong connection. All firms want to be well-placed on the grid; all firms use an accelerator (AI) to try to overtake, but there are always risks that force us to make a pit stop or situations that require a safety car to be deployed. Refereeing thrives on all of that. On speed, on problems, on crises, on successes and on mistakes, where the standards are so high that everything is measured in tenths of a second. The differences are minimal, and whoever has the best team and the best balance is the one who can finish first.  
 
With a combination of cutting-edge topics and top-tier professionals, what unique value does this edition offer to those seeking to stay at the forefront of arbitration?  

 
Honestly, I believe it is the most comprehensive programme of any edition to date. There will be more in-house lawyers both on the panels and in the audience. In fact, for this edition we expect 25% of attendees to be in-house lawyers, something never before seen at any arbitration event. Furthermore, we will have solicitors from Costa Rica, Paraguay and Peru, amongst others, and speakers from 20 countries. Not to mention the importance of Portuguese, with the PreOpen in Portuguese on May 5th featuring world-class panelists.