Coverage

"A Tale of Two Clients" – how parties can best assist their case

"A Tale of Two Clients" – how parties can best assist their case

26 February 2016

Peter Wolrich of Curtis Mallet-Prevost Colt & Mosle told "A Tale of Two Clients" at GAR Live Abu Dhabi, illustrating how parties' attitudes to their own cases can play a big part in whether they win or lose.

GAR Live Lookback: Abu Dhabi - How well do arbitrators cope with highly technical matters?

GAR Live Lookback: Abu Dhabi - How well do arbitrators cope with highly technical matters?

20 December 2016

Arbitration is often feted as better suited to highly technical or commercial disputes than the average – generalist - court. But is that reputation deserved? How well do arbitrators in fact cope with highly technical matters? Do they, on average, do a good job of grappling with the intricacies, and write an award that is satisfying to the commercial or technical folk in a case? Or do they retreat to a point of law, and find a lawyerly solution, which is possibly a bit less satisfying to at least one side in the case?

GAR Live Lookback: Abu Dhabi - can you learn to be a better client? Lessons from the repeat players

GAR Live Lookback: Abu Dhabi - can you learn to be a better client? Lessons from the repeat players

21 November 2016

Is it possible to get better at being a client? To grow your skillset, as a manager of IA, until you avoid the pitfalls that beset lesser folk – to become in effect, a “super client”? Or, failing that, just to get a little bit better so that more cases run according to plan?

Chairs

Nadia Darwazeh

Curtis, Mallet-Prevost, Colt & Mosle

Nadia Darwazeh is partner in the International Arbitration group of Curtis, Mallet-Prevost, Colt & Mosle LLP. She focuses her practice on international arbitration. She is admitted as Solicitor-Advocate in England and Wales and as Rechtsanwältin in Germany. Ms. Darwazeh acts as counsel to parties and sits as arbitrator.
Ms. Darwazeh has handled arbitrations ranging from construction claims, M&A disputes, general commercial disputes to investor-state claims. She has conducted arbitrations under the leading institutional rules (ICC, LCIA, DIS, SIAC, ICSID, CIETAC, and HKIAC etc.) as well as under the UNCITRAL rules.

Michael Schneider

LALIVE

Michael E. Schneider is a founding partner of LALIVE. He has practised in international arbitration for more than 40 years as counsel in ad hoc proceedings and under various rules, including those of the ICC, ICSID, LCIA, Swiss Rules, Stockholm Institute, the Cairo Regional Centre for International Commercial Arbitration (CRCICA), Dubai International Arbitration Centre (DIAC), European Development Fund, UNCITRAL, and before other international bodies, including the WTO Appellate Body and the United Nations Compensation Commission (UNCC).

Speakers

Professor Adnan Amkhan Bayno

MENA Chambers

Phillip Capper

White & Case

Lara Hammoud

Arbitration and Litigation Department, Legal Division, Abu Dhabi National Oil Company (ADNOC)

Jean-Pierre Harb

Jones Day

Dan Harris

The Brattle Group

Sami Houerbi

Director, Eastern Mediterranean, Middle East and Africa, ICC International Court of Arbitration

Amani Khalifa

Khalifa Arbitration and Construction Legal Consultants

Richard Kreindler

Cleary Gottlieb Steen & Hamilton

Jean-François Le Gal

Brown Rudnick

Gervase MacGregor

BDO

Nagla Nassar

Nassar Law

Karim Nassif

Cotty Vivant Marchisio & Lauzeral

Dyfan Owen

Ashurst

Mireille Rached

Mireille Rached Law Firm

Hassan Saeed

International Consultant Law Office (ICLO)

Mohamed Shelbaya

Shearman & Sterling

Sami Tannous

Freshfields Bruckhaus Deringer

Peter Wolrich

Curtis, Mallet-Prevost, Colt & Mosle

Iryna Telychko

General Legal Counsel, Etihad Rail DB

Michael Young

Allen & Overy

CPD points

The conference has been accredited with 6 CPD hours from the SRA.

Programme

8.30: Welcome coffee and registration

9.00: Chairs’ welcome

Nadia Darwazeh, Curtis, Mallet-Prevost, Colt & Mosle
Michael Schneider, LALIVE

9.10: Session one: Arbitrators and specialised knowledge (energy, construction, finance, technology)

Arbitration is often feted as better suited to disputes with a large technical or commercial component than generalist courts. But is that reputation deserved? Most arbitrators are lawyers, and lawyers as a rule haven’t spent much time acquiring other skills. 

So, how well do arbitrators cope when confronted with highly technical matters? Do they do a good job of grappling with the intricacies, and write an award that is satisfying to the commercial or technical folk in a case? Or do they retreat to a point of law, and find a lawyerly solution that is less satisfying?

Drawing on years of experience, a panel of leading names will discuss the conundrum of arbitration and technical/commercial knowledge.

Is arbitration in its current state able to play the function being asked of them by science and technology-heavy industries such as IT, construction, mining and oil and gas?

Questions the panel is expected to consider include:

  • What level of literacy is expected of arbitrators (and counsel) when it comes to technical and commercial expertise?
  • How do arbitrators acquire said specialised knowledge, and can they properly make use of it in their decisions?
  • Is it true arbitrators are intimidated by the technical?
  • Are non-lawyers a solution? What are the pros and cons?
  • When lawyers assert relevant non-legal experience should/can that be vetted?
  • Are there new ways of using experts that can ensure that arbitrators get it right in the technical and commercial aspects of the case?

Moderator:
Michael Schneider, LALIVE

Panel:
Dan Harris, The Brattle Group
Jean-Pierre Harb, Jones Day
Sami Tannous, Freshfields Bruckhaus Deringer
Dyfan Owen, Ashurst 
Michael Young, Allen & Overy
Gervase MacGregor, BDO

10.30: Coffee break

11.00: Session two: Repeat players - can you learn to be a better client?

Users of arbitration have complained, in recent times, about the time and cost of arbitration. This panel turns the tables slightly and puts the client in the spotlight. Are users, in the eyes of lawyers and arbitrators, doing a good job of being the client? Or are some, at times, shooting themselves in the metaphorical foot.

In this panel, leading arbitration counsel and arbitrators will explain what they like to see from clients, and how it helps them to make arbitration work the way everyone wants it to.

Meanwhile, some senior in-house counsel will share their lessons about how to manage arbitration satisfyingly.

Throughout, it will be borne in mind that not all clients are the same, and that the capacity/desire to micro manage varies. Still, are there some general principles that can make you a more effective client?

Topics the panel will delve into are expected to include:

  • In-house counsel involvement - how little is too little and how much is too much?
  • The Do’s and Don’ts
  • “I like it when my client ….”
  • “I dislike it when my client …”
  • “I like it/dislike it when my outside counsel …”

Moderator:
Nadia Darwazeh, Curtis, Mallet-Prevost, Colt & Mosle

Panel:
Richard Kreindler, Cleary Gottlieb Steen & Hamilton
Peter Wolrich, Curtis, Mallet-Prevost, Colt & Mosle
Lara Hammoud, Arbitration and Litigation Department, Legal Division, Abu Dhabi National Oil Company (ADNOC)
Hassan Saeed, International Consultant Law Office (ICLO)
Iryna Telychko, General Legal Counsel, Etihad Rail DB

12.30: Networking lunch sponsored by Freshfields Bruckhaus Deringer

14.00: Session three: The unique problem of blending civil and common law in the Middle East

Disputes in the Middle East can be like a game of Chinese whispers. Contracts are written by common lawyers or with boiler plate from the common law world. But they're then given a choice of law clause selecting somewhere civil law, with, say, a touch of Shari’a thrown in for good luck.

If things go wrong, the contract goes to arbitration. There, the common law tradition again tends to hold sway. But if one side isn't happy, they'll probably take the matter (or award) to a local (civil law) court.

So, how well does this back and forth work?

Is the reality two parallel legal systems, or is a legal 'Esperanto' emerging that blends the two? Is it coherent or contradictory?

In a session that will go beyond the usual “civil law common law divide” discussion, a panel of leading names will delve into the pitfalls that occur when lawyers work outside their own tradition; and what it takes to work as a lawyer, counsel and arbitrator in such a minefield of contradictions.

If the UK’s Supreme Court in Dallah can (arguably) mangle French law, what hope for practitioners in the Middle East on a daily basis?

Questions they’re expected to discuss include:

  • What law do arbitrators and courts really apply?
  • Is this an example of legal colonialism or legal fusion?
  • How wise are institutional transplants – such as Dubai’s DIFC, the Qatar Free-zone and Abu Dhabi Global Markets?

Moderator:
Michael Schneider, LALIVE

Panel:
Mohamed Shelbaya, Shearman & Sterling 
Phillip Capper, White & Case
Amani Khalifa, Khalifa Arbitration and Construction Legal Consultants
Mireille Rached, Mireille Rached Law Firm
Jean-François Le Gal, Brown Rudnick

15.30: Coffee break

16.00: Session four: Disputes amid anarchy and sanctions

All too often in recent times, business in the Middle East has taken place against a backdrop of regime change, or uncertainty verging on anarchy.

How does this change the job of the counsel, arbitrator and institution administering an arbitration, if a dispute arises? 

In our final panel, leading names will discuss whether there are lessons emerging on what to do/not to do when the political landscape starts to shift beneath your feet. 

Scenarios that will be discussed are expected to include:

  • One state, two or more governments
  • Countries covered by sanctions
  • Strategies for obtaining interim relief
  • Are there lessons for States?

Moderator:
Nadia Darwazeh, Curtis, Mallet-Prevost, Colt & Mosle

Panel:
Professor Adnan Amkhan Bayno, MENA Chambers
Sami Houerbi, Director, Eastern Mediterranean, Middle East and Africa, ICC International Court of Arbitration
Karim Nassif, Cotty Vivant Marchisio & Lauzeral
Nagla Nassar, Nassar Law

17.30: Chairs' closing remarks

Nadia Darwazeh, Curtis, Mallet-Prevost, Colt & Mosle
Michael Schneider, LALIVE

17.40 onwards: All delegates are invited to attend a cocktail reception hosted by The Brattle Group at the Up & Below Bar, Courtyard by Marriott World Trade Center

Venue

Abu Dhabi Commercial Conciliation and Arbitration Center (ADCCAC), Abu Dhabi Chamber of Commerce & Industry, Corniche Road, Al Markaziyah West Abu Dhabi, United Arab Emirates

Testimonials

  • "It was a highly interesting event with the most interesting people attending. I look forward to any future events organized by GAR Live in particular in the Middle East and in Europe."

  • “Top class - educating - innovative - fun - all at the same time. I will be back for more."

Ticket Prices

Registration is unavailable.