Coverage

Mourre calls for institutions to join forces

Mourre calls for institutions to join forces

09 March 2018

In a speech in Atlanta, ICC International Court of Arbitration president Alexis Mourre has argued that trust in arbitration “rests on the reliability and legitimacy of arbitral institutions” and that they need to cooperate more effectively.

GAR Live Atlanta - in pictures

GAR Live Atlanta - in pictures

27 March 2018

GAR Live Atlanta was held at the Atlanta Centre for Mediation and Arbitration based at Georgia State University College of Law.

Paranoia about paranoia? GAR Live Atlanta looks at due process

Paranoia about paranoia? GAR Live Atlanta looks at due process

27 March 2018

A panel at GAR Live Atlanta discussed “due process paranoia” – asking whether it is a real problem or there is just “paranoia about paranoia” and, if it does exist, whether it is guided by genuine concern about awards being challenged or by arbitrators’ economic interests.

Chairs

Shelby Grubbs

Miller & Martin

Shelby Grubbs, Managing Member of the Atlanta office, practices in the area of civil litigation and dispute resolution including international commercial arbitration. His experience includes various business and commercial matters as well as construction, intellectual property, securities, product liability and insurance-related disputes.

lby Grubbs, Managing Member of the Atlanta office, practices in the area of civil litigation and dispute resolution including international commercial arbitration. His experience includes various business and commercial matters as well as construction, intellectual property, securities, product liability and insurance-related disputes.
Shelby Grubbs, Managing Member of the Atlanta office, practices in the area of civil litigation and dispute resolution including international commercial arbitration. His experience includes various business and commercial matters as well as construction, intellectual property, securities, product liability and insurance-related disputes.
Shelby Grubbs, Managing Member of the Atlanta office, practices in the area of civil litigation and dispute resolution including international commercial arbitration. His experience includes various business and commercial matters as well as construction, intellectual property, securities, product liability and insurance-related disputes.

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.

Speakers

Charles Adams

Orrick, Herrington & Sutcliffe

Chiann Bao

Skadden, Arps, Slate, Meagher & Flom

Brent Clinkscale

Womble Bond Dickinson

Jack Coe

Pepperdine University School of Law

John Fellas

Hughes Hubbard & Reed

José Feris

Squire Patton Boggs

Adwoa Ghartey-Tagoe Seymour

Assistant General Counsel, Cox Enterprises

Randall Hafer

Kilpatrick Townsend & Stockton

Glenn Hendrix

Arnall Golden Gregory

Ralf Lindbäck

Vice President, Legal Affairs, Services, Wärtsilä

Olena Perepelynska

Integrites

Aníbal Sabater

Chaffetz Lindsey

Patricia Shaughnessy

Department of Law, Stockholm University

James Smith

Chief Intellectual Property Counsel, Ecolab

Derek Soller

Baker McKenzie

Rachel Thorn

Cooley

Andrew Tuck

Alston & Bird

Annet van Hooft

Independent Arbitrator

Peggy West

Former Senior Finance Counsel & Senior Manager, Business Development, The Coca‐Cola Company

Brian White

King & Spalding

Programme

9.00: Welcome coffee and registration

9.30: Chairs' opening remarks

Shelby Grubbs, Miller & Martin
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”?

Moderator:
Andrew Tuck, Alston & Bird

Panel:
Brent Clinkscale, Womble Bond Dickinson
Chiann Bao, Skadden, Arps, Slate, Meagher & Flom
Olena Perepelynska, Integrites
José Feris, Squire Patton Boggs

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?

Moderator:
Glenn Hendrix, Arnall Golden Gregory

Panel:
Carita Wallgren-Lindholm, Lindholm Wallgren
Annet van Hooft, Bird & Bird
Rachel Thorn, Cooley
Derek Soller, Baker & McKenzie

12.45: Networking lunch

14.15: Session three: The 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?

Moderator:
Brian White, King & Spalding

Panel:
Adwoa Ghartey-Tagoe Seymour, Assistant General Counsel, Cox Enterprises
Ralf Lindbäck, Vice President, Legal Affairs, Services, Wärtsilä
James Smith, Chief Intellectual Property Counsel, ECOLAB
Peggy West, Former Senior Finance Counsel & Senior Manager, Business Development, The Coca‐Cola Company

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?

Inquisitors:
Randall Hafer, Kilpatrick Townsend & Stockton
Charles Adams, Orrick, Herrington & Sutcliffe
John Fellas, Hughes Hubbard & Reed 

Witnesses:
Patricia Shaughnessy, Department of Law, Stockholm University
Jack Coe, Pepperdine University School of Law
Aníbal Sabater, Chaffetz Lindsey
Shelby Grubbs, Miller & Martin

17.15: Chairs' closing remarks

Shelby Grubbs, Miller & Martin
Carita Wallgren-Lindholm, Lindholm Wallgren

17.30 onwards: All delegates are invited to join a drinks reception hosted by Atlanta International Arbitration Society

18.30 onwards: Third Annual Hendrix Lecture of the Atlanta International Arbitration Society 

Venue

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

Prices

Register for GAR Live Atlanta
Ticket type Price Until
Super Early $400 26 Jan 2018
Early $500 23 Feb 2018
Standard $600 6 Mar 2018

 

Joint registration GAR Live Atlanta  & When ICC Met Atlanta
Ticket type Price Until
Super Early $620 26 Jan 18
Early $700 23 Feb 18
Standard rate
(ICC Members)
$840 6 Mar 18
Standard rate
(Non-ICC Members)
$880 6 Mar 18