Tuesday, 6 March 2018, Georgia State University – College of Law, Atlanta

E-mail Tel: +44 20 3780 4137

Chairs

Shelby Grubbs

Executive Director and Adjunct Professor, Atlanta Center for International Arbitration and Mediation, Georgia State University

Shelby Grubbs, executive director of the Atlanta Center for International Arbitration and Mediation, worked as a litigation advocate and as an advocate, special master and neutral in alternative dispute resolution (ADR) proceedings prior to joining Georgia State Law in 2014.

Carita Wallgren-Lindholm

Lindholm Wallgren

Carita Wallgren-Lindholm is a Helsinki based international arbitrator. Before founding her boutique firm in 2008 to focus on arbitral work, she spent 25 years at Roschier, since starting her dispute resolution practice in Paris in the early 1980s. Carita's transactional background is in public M&A and board advisory, including governance and internal investigations. Since 2013 she has served only as an arbitrator, mainly in international arbitration. Institutions and rules include the SCC, ICC, FAI, LCIA, DIA, JCAA, PCA and UNCITRAL.

Programme

9.00: Welcome coffee and registration

9.30: Chairs' opening remarks

Shelby Grubbs, Executive Director and Adjunct Professor, Atlanta Center for International Arbitration and Mediation, Georgia State University
Carita Wallgren-Lindholm, Lindholm Wallgren

9.45: Session one: The year in review – cases, institutional developments, politics

All of the developments in both regional and international arbitration that you need to know about.

What are the most significant recent developments within and outside the US pertaining to international commercial arbitration? What can we expect going forward? And have recent political developments, e.g. Brexit, the election of Donald Trump, changed (or will they change) the landscape of international arbitration? Do we see a brave new world, or really “Plus ca change”?

11.00: Coffee break


11.30: Session two: Due process in the US – who’s in charge here? 

Our panel of counsel and arbitrators will examine the concept of due process with a focus on the arguable tension between the notion of due process, perhaps abetted by the concept of party autonomy, and the discretion of arbitrators to manage and control the arbitrations upon which they sit, with a particular focus on the meaning and function of the concept in the United States. Among other things, the panel will examine:

  • How has the concept of due process developed in international arbitration in contrast of the meaning to the phrase “due process of law” in US and non-US jurisprudence? Do US counsel see any difference? 

  • Is increased focus on due process another arguable symptom of the Americanization of international commercial arbitration?

  • What process is, after all, due? 

  • Does the concept have a cultural dimension so that more or less process is due depending upon the seat or context? 

  • Is there tension between due process/party autonomy and arbitrator discretion?

12.45: Networking lunch

14.15: Session three: GAR Live Question Time with in-house counsel

A twist on our usual Tylney Hall format, this session provides an opportunity to hear, straight from the horse’s mouth, what clients like/don’t like; have seen/wish they’d seen; or now think ought to be standard. The panel of in-house counsel will discuss questions submitted by the audience and moderator in advance. For example:

  • Losing control over cost control commitment – corporate counsel going ‘all-in’ when the shooting starts, or outside counsel’s persistence in ensuring full case preparation (discovery, experts, etc.)?

  • Should limits on disclosure, experts or other matters be written into arbitration agreements? What checks are in place to ensure that clauses remain workable as they become more complex?

  • What has experience been using expedited arbitration? Is it an experience your company would willingly repeat?

  • Do businesses value arbitral due process?

  • What is the proper balance between expedition and cost savings and procedural protections?

15.30: Coffee break

16.00: Session four: The GAR Live Inquisition – the US Federal Arbitration Act

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.

Is the Federal Arbitration Act up to the demands of the modern world? If not, should it be amended?  Should it be replaced by the UNCITRAL Model Law?

17.15: Chairs' closing remarks

Shelby Grubbs, Executive Director and Adjunct Professor, Atlanta Center for International Arbitration and Mediation, Georgia State University
Carita Wallgren-Lindholm, Lindholm Wallgren

17.30: Close of conference

Venue

Georgia State University – College of Law, 85 Park Place NE, SE Atlanta, GA, USA

Prices

Private Practitioner
Type Price Until
Super Early $400 26 Jan 2018
Early $500 23 Feb 2018
Standard $600 6 March 2018