Thursday, 16 May 2019, One CityCenter, 850 Tenth Street, NW Washington DC, 20001-4956

E-mail Tel: +44 203 780 4137

2018 Programme

9.00: Welcome coffee and registration

9.30: Chairs' opening remarks

Matthew Slater, Cleary Gottlieb Steen & Hamilton
Mark Kantor, Independent Arbitrator

9.45: Session one:
The end-game

What is the end-game where BIT claims are part of a country-wide crisis?

Using Argentina as the starting point, leading names will discuss how BIT claims by private enterprises in the context of country-wide crises fit within a wider resolution of a country’s finances.

Among other things, the panel are expected to discuss:

  • What lessons are there from the end-game in Argentina? What award enforcement tools were used and how successful, or unsuccessful, were they?
  • How do circumstances in Argentina differ from circumstances in other countries currently experiencing crises?
  • The overlap among national courts, arbitral tribunals and regulatory measures to create pressure on a sovereign.
  • Differences in the end-game for claims against sovereigns and claims against state-owned enterprises.
  • Viable defences to claims against sovereigns and claims against state-owned enterprises.
  • Sovereign debt in the context of investment treaty claims.
  • The interrelationship with sovereign to sovereign restructuring and the roles of IMF and World Bank finance.
  • Piercing the corporate veil issues and sovereign immunity enforcement issues, e.g. as is playing out in Crystallex.

Moderator:
Patrick Pearsall, Jenner & Block

Panel:
Noiana Marigo, Freshfields Bruckhaus Deringer
Alexandra Dosman, Vannin Capital
Justin Jacinto, Curtis, Mallet-Prevost, Colt & Mosle
Michael Waibel, University Senior Lecturer; Co-Deputy Director Lauterpacht Centre for International Law, University of Cambridge

11.00: Coffee break

11.30: Session two: The GAR Live symposium

Our espresso version of the popular Tylney Hall format. Our moderators will consider issues such as:

- What’s going on with NAFTA – both in the US and elsewhere?
- The potential implications of Brexit

Moderators:
Melida Hodgson, Foley Hoag
Mark Cymrot, BakerHostetler

12.45: Networking lunch

14.15: Session three:
Dealing with parallel criminal, civil and administrative proceedings

Drawing on their collective experience, our panel will address:

  • Can arbitrators stop parallel administrative investigations or criminal proceedings through provisional measures?
  • Can parallel criminal or administrative proceedings stop arbitrations?
  • Can decisions or evidence from administrative investigations or criminal proceedings be submitted in an arbitration?
  • The impact of collateral estoppel and similar doctrines

Moderator:
Jonathan Gimblett, Covington & Burling

Panel:
Can Yeginsu, 4 New Square
Claudia Salomon, Latham & Watkins
Tariq Baloch, 3 Verulam Buildings
Jonathan Blackman, Cleary Gottlieb Steen & Hamilton

15.30: Coffee break

16.00: Session four: The GAR Live Inquisition: Hiring counsel for treaty cases – are governments getting the process right?

This session will replicate a US senate committee hearing with a succession of witnesses being ‘grilled' by a panel of GAR Live inquisitors. The session will focus on current systems for state representation – are they working?

Issues the panel are likely to explore include:

  • How do you develop a procurement process that serves the state interest?
  • Does competitive bidding produce a better substantive result for the state or does a “low bidder” system mean that quality of legal representation suffers?
  • Do the methods currently being used work?
  • Is there an ideal approach, and if so what – between “full inhouse” and “fully outsourced”?
  • How does the government’s process for procuring counsel affect claimants?
  • Can every system be gamed?

Inquisitors:
Mark Kantor, Independent Arbitrator
Melissa Gorsline, Jones Day
Carolyn Lamm, White & Case

Witnesses:

Maria Chedid, Arnold & Porter
Paolo Di Rosa, Arnold & Porter 
David Orta, Quinn Emanuel Urquhart & Sullivan
Ashika Singh, Debevoise & Plimpton

17.15: Chairs' closing remarks

Matthew Slater, Cleary Gottlieb Steen & Hamilton
Mark Kantor, Independent Arbitrator

17.30: Close of conference

Further information

For further information or sponsorship opportunities, please call +44 203 780 4137 or email events@globalarbitrationreview.com

Venue

One CityCenter, 850 Tenth Street, NW Washington DC, 20001-4956

Testimonials

  • "Great host and excellent speakers" Leo Naut, Hong Kong Economic and Trade Office

  • "Very good panels and practitioners. Up to date topics" Carlos Pabon-Agudelo, Infrastructure Economic Consulting