Tuesday, 2 July 2019, Riverbank House, London

E-mail Tel: +44 20 3780 4137

Chairs

Kate Davies

Allen & Overy

Kate is a Partner in Allen & Overy’s International Arbitration Group, and has extensive expertise in both international commercial and investment treaty arbitration. 

In relation to her commercial arbitration expertise, Kate has experience of both institutional (e.g. LCIA, ICC, PCA, VIAC, SIAC, ICSID) and ad hoc arbitrations sited in common and civil law jurisdictions. She has expertise in commercial disputes across a range of different industries (including the energy, telecommunications, automotive, technology, construction and pharmaceutical sectors) and arising out of a number of bespoke and industry specific agreements, including joint venture, shareholder, licensing, distribution, technology transfer, patent and construction agreements. 

James Loftis

Vinson & Elkins

James heads our International Dispute Resolution practice, and focuses his practice on the arbitration and litigation of international commercial and investor-state disputes, and counseling in matters involving public international law and treaties. He acts both as counsel and as arbitrator.

His practice includes disputes involving all aspects of energy, construction, and infrastructure development; disputes under investment laws and treaties; and boundary disputes, cross-border technology disputes, and sovereign debt. He also represents and advises clients in reviews under U.S. national security law. Since 2009, James has been an adjunct professor at the University of Texas School of Law, where he teaches investor-state and international commercial arbitration. 

Speakers

Mark Beeley

Orrick Herrington & Sutcliffe

Jane Davies Evans

3 Verulam Buildings

Tafadzwa Pasipanodya

Foley Hoag

Alexander Slade

Vinson & Elkins

Programme

9.00: Welcome coffee and registration

9.30: Chairs’ opening remarks

Kate Davies, Allen & Overy
James Loftis, Vinson & Elkins

9.40: Session one: Enforcement experiences and trends – is the final award now the new starting point?

Challenges in investor-state arbitrations are now more or less expected.  Are unsuccessful parties increasingly challenging commercial awards, too? Is this a trend and, if it is, is it confined to “mega-arbitrations”?

Topics our esteemed panel are expected to discuss include:

  • A review of the last year’s pending and new challenges
  • The developments with Achmea and ECT and the likely effects on enforcement;
  • Is the size of the enforcement award a risk factor and is there anything we can do about it?
  • Are trends visible and if so how do we define them?

10.55: Coffee break

11.30: Session two: The GAR Live Question Time for arbitrators

A twist on our usual Tylney Hall format. A panel of distinguished arbitrators will discuss the questions listed below, and others submitted by the audience and moderator in advance of the session.

Questions our esteemed panel are expected to discuss are:

  • Does “enforcement fear” lead tribunals to weak responses and breaches of agreed procedures?
  • Are corruption issues capable of being handled in arbitration in a procedurally efficient and fair manner?
  • Would dispositive issue determinations improve “grand arbitrations?

12.45: Networking lunch  

14.00: Session three: Disputes in developing economies and legal frameworks: examples from Africa 

This session discusses Africa’s increasing integration into the international arbitration system and focuses on the issues that arise when that system is used in developing economies and legal frameworks. 

Questions the panel will cover include:

  • Why are parallel court proceedings so prevalent and how do you mitigate the risks?
  • What are the solutions for cross-border hydrocarbon field development in the absence of clear borders?
  • How to deal with government corruption in a fair manner?

15.15: Coffee break

15.45: Session four: Managing energy disputes with reputational risk

The risks that energy companies face are becoming increasingly removed from commercial relationships; they can be found outside of the four corners of their contracts and to some degree outside of their governmental and regulatory frameworks. Furthermore, the impact of risks are increasingly encroaching beyond the merely financial.  

Some of the topics our esteemed panel are expected to discuss include: 

  • Human rights violations within the energy sector;
  • Increasing instances of corruption claims in energy disputes;
  • The role played by environmental allegations in disputes; and
  • Climate change, the Paris Agreement and the ICC Task Force on Climate Change

17.15: Chairs' closing remarks

Kate Davies, Allen & Overy
James Loftis, Vinson & Elkins

Further information

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

Venue

Riverbank House, 2 Swan Lane, London, EC4R 3TT, United Kingdom

Testimonials

  • "Broad range of topics with well representing panelists" Valery Knyazev, Haberman Illet

  • "Very good. Excellent topics which raise conversations that require cross-sector debate" Dr Youseph Farah, University of East Anglia

Ticket Prices

Private Practitioner
Type Price Until
Super Early £700 3 May 2019
Early £800 31 May 2019
Standard £900 13 Jun 2019

 

IN-HOUSE/GOVERNMENTAL
Type Price
Standard £0