Coverage

Call me maybe? GAR Live Abu Dhabi puts spotlight on bonds and guarantees

Call me maybe? GAR Live Abu Dhabi puts spotlight on bonds and guarantees

15 February 2018

Bonds have been described as the “lifeblood of international commerce”. A panel at GAR Live Abu Dhabi discovered the role of bonds and guarantees in the United Arab Emirates and beyond, looking at the pros and cons for both the employer and contractor in a construction contract.

GAR Live Abu Dhabi - in pictures

GAR Live Abu Dhabi - in pictures

16 February 2018

GAR Live Abu Dhabi took place on 7 February at the Abu Dhabi Global Market Building, the headquarters of the emirate’s freezone. A speakers’ dinner the night before was hosted by Shearman & Sterling.

Chairs

Lara Hammoud

Arbitrator, Senior Legal Counsel, Abu Dhabi National Oil Company

Alec Emmerson

Independent Arbitrator

Speakers

Sana Belaid

Senior Counsel, Cisco

Alex Bevan

Shearman & Sterling

Michael Black QC

XXIV Old Buildings

Guillaume Borg

Director, Legal Affairs, Middle East & North Africa, SNC-Lavalin

Bob Broxson

BDO

Justice Lai Siu Chiu

Supreme Court of Singapore

Adrian Cole

King & Spalding

Michael Cover

ArbDB Chambers

Nadine Debbas Achkar

Attorney and Arbitrator

Justice Zalfa El Hassan

Lebanese Courts

Alain Farhad

Squire Patton Boggs

Živa Filipič

Managing Counsel, ICC Court

Mahmoud Hussain

MHLF

Nabeel Ikram

Hogan Lovells

Amani Khalifa

Khalifa Associates

Graham Lovett

Gibson, Dunn & Crutcher

Erin Miller Rankin

Freshfields Bruckhaus Deringer

Karim Nassif

LPA-CGR

Heather Nevin

Clyde & Co

Heba Osman

Legal Director, Middle East, Otis

Dyfan Owen

Ashurst

Jennifer Paterson

K&L Gates

Michael Saulsbury

Secretariat International

Sheila Shadmand

Jones Day

Justice William Stone SBS QC

ADGM Courts

Programme

9.00Welcome coffee and registration

9.30: Chairs’ opening remarks

Lara Hammoud, Arbitrator, Senior Legal Counsel, Abu Dhabi National Oil Company
Alec Emmerson, Independent Arbitrator

9.45: Session one: Bonds and guarantees

Our distinguished panel will discuss a number of practical examples, including:

  • Different types of securities and their purposes

  • How to choose the best security for your transaction and considerations during the contract negotiation

  • Key issues to consider when drafting clauses relating to securities

  • Strategic considerations before calling the security

  • Interim measures and other procedural tactics used by guarantors when securities are called

  • Common disputes related to bonds and guarantees

  • Use of those securities during arbitration proceedings

Moderator:
Erin Miller Rankin, Freshfields Bruckhaus Deringer

Panel:
Sana Belaid, Senior Counsel, Cisco
Adrian Cole, King & Spalding
Amani Khalifa, Khalifa Associates
Heather Nevin, Clyde & Co

11.00: Coffee break

11.30: Session two: The GAR Live Question time – how to appoint an arbitrator


A twist on our usual Tylney Hall format. A panel of distinguished arbitrators, private practitioners and in-house counsel will discuss questions submitted by the audience and moderator. The session will focus on the methods used to appoint an arbitrator, with discussion of the new tools available.

Moderator:
Alec Emmerson, Independent Arbitrator

Panel:
Guillaume Borg, Director, Legal Affairs, Middle East & North Africa, SNC-Lavalin
Jennifer Paterson, K&L Gates
Mahmoud Hussain, MHLF
Živa Filipič, Managing Counsel, ICC Court

12.15: Session three: A mock arbitration – the do's and don’ts of cross examination

This high speed, interactive session will see advocates and witnesses act out elements of a fictitious arbitration. The panel will address a number of issues frequently encountered in cross examination and provide a critique of the mock session.

One expert and one fact witness will be briefly cross-examined to illustrate some of the do's and don'ts, both of the witnesses and counsel.

Moderator:
Karim Nassif, LPA-CGR

Panel:
Nabeel Ikram, Hogan Lovells
Sheila Shadmand, Jones Day
Alain Farhad, Squire Patton Boggs
Michael Saulsbury, Secretariat International

13.00: Networking lunch

14.15: Session four: The judges’ panel

A collection of judges, from both offshore jurisdictions and GCC countries, take turns in the hot seat and will answer questions on the relationship between their court and arbitration.

Moderators:
Graham Lovett, Gibson, Dunn & Crutcher
Lara Hammoud, Arbitrator, Senior Legal Counsel, Abu Dhabi National Oil Company

Panel:
Justice Zalfa El Hassan, Lebanese Courts
Justice William Stone SBS QC, ADGM Courts
Justice Lai Siu Chiu, Supreme Court of Singapore

15.30: Coffee break

16.00: Session five: The GAR Live Inquisition – can experts be relied upon? 

In a new format for GAR Live, this session will replicate a US senate committee hearing with a succession of witnesses being ‘grilled' by a panel of GAR Live inquisitors, who are seeking to get to the bottom of a problem.

The panel will explore the role of the expert in international arbitration. How do experts impact proceedings and can they truly be relied upon? Amongst others, topics will include:

  • What is the role of experts, both pre-arbitration and during arbitration?

  • How does one select an expert?

  • How do experts impact the proceedings and the arbitrators’ decision?  

  • What are the most effective techniques to make the most of experts?

  • Are experts given too much credit? Can they really be relied upon?

  • What challenges do experts face?

Inquisitors:
Alex Bevan, Shearman & Sterling (lead inquisitor)
Heba Osman, Legal Director, Middle East, Otis
Michael Black QC, XXIV Old Buildings

Witnesses:
Bob Broxson, BDO
Dyfan Owen, Ashurst
Nadine Debbas Achkar, Attorney and Arbitrator
Michael Cover, ArbDB Chambers

17.15: Chairs' closing remarks

Lara Hammoud, Arbitrator, Senior Legal Counsel, Abu Dhabi National Oil Company
Alec Emmerson, Independent Arbitrator

17.30 onwards: All delegates are invited to attend a drinks reception hosted by Freshfields Bruckhaus Deringer

Venue

Abu Dhabi Global Market Building, ADGM Square, Al Maryah Island, Abu Dhabi, UAE

Prices

Private Practitioner
Type Price Until
Super Early

£500

29 December 2017
Early

£600

26 January 2018
Standard

£700

7 February 2018

 

In-house/Governmental
Complimentary In-house/Governmental registration available