Coverage

GAR Live Frankfurt - in pictures

GAR Live Frankfurt - in pictures

07 July 2017

GAR Live Frankfurt was held on 29 June at the Jumeirah Hotel and was sponsored by Cleary Gottlieb Steen & Hamilton, Allen & Overy, Accuracy, Baker Botts and Geotext Translations.

Money talks in Frankfurt

Money talks in Frankfurt

07 July 2017

Two expert witnesses sat together at GAR Live Frankfurt last week to consider whether quantum issues are getting the attention they deserve in international arbitration and whether counsel and arbitrators could make better use of experts’ input.

Chairs

Prof. Dr. Richard Kreindler

Cleary Gottlieb Steen & Hamilton LLP, Frankfurt and New York

Richard has acted as counsel for European, U.S. and other multinational companies in numerous commercial, post-M&A, construction and infrastructure arbitrations before and under the rules of the leading U.S., European and other institutional and ad hoc arbitration regimes. His experience as arbitrator includes approximately 50 arbitrations, as chairman, sole arbitrator and party arbitrator.

He also has extensive experience as counsel and as an expert witness in the public international law arena, including multilateral and bilateral investment treaty-based arbitrations. He also serves as mediator in international disputes.

Susanne Gropp-Stadler

Head of Litigation, Siemens AG, Munich

Since October 2014 Susanne Gropp-Stadler has been Lead Counsel Litigation with Siemens AG. Within the scope of this function she is responsible for all global litigation matters within Siemens and for the development of adequate strategies with regard to handling litigation matters before national courts and arbitration courts.

Before assuming this task, she was General Counsel of the Mobility Division of the Infrastructure & Cities sector within Siemens AG and thus globally responsible for the provision of legal support within the Division.

Speakers

Laurie Achtouk-Spivak

Cleary Gottlieb Steen & Hamilton LLP, Paris

Marina Akchurina

Cleary Gottlieb Steen & Hamilton LLP, Moscow

Erik van Duijvenvoorde

Accuracy, London and Paris

Huáscar Ezcurra

Bullard Falla Ezcurra, Peru

Alexandra Johnson

Bär & Karrer, Geneva

José Miguel Júdice

PLMJ, Lisbon

Vladimir Khvalei

Baker McKenzie and Chairman of the Board of the Russian Arbitration Association, Moscow

Sabine Konrad

McDermott Will & Emery, Frankfurt

Vasily Kuznetsov

Baker Botts, Moscow

Dr. Sven Lange

Allen & Overy, Frankfurt

Gervase MacGregor

BDO, London

Dr. Patricia Nacimiento

Herbert Smith Freehills, Frankfurt

Tanja Pfitzner

Pfitzner Legal, Frankfurt

Elliot Polebaum

Independent Arbitrator, Washington, DC

Jeffrey Rosenthal

Cleary Gottlieb Steen & Hamilton LLP, New York

Mariagiovanna Scarpa

Generali, Milan

Prof. Dr. Stephan Schill

University of Amsterdam, Amsterdam

Dr. Elmar Schweers

RWE, Cologne

Sherlin Tung

Semperit, Vienna

Prof. Dr. Irene Welser

Cerha Hempel Spiegelfeld Hlawati, Vienna

Johanna Wirth

Hengeler Mueller, Berlin

Alexey Yadykin

Freshfields Bruckhaus Deringer, Moscow

2017 Programme

8.30: Welcome coffee and registration

9.00: Chairs’ welcome

Prof. Dr. Richard Kreindler, Cleary Gottlieb Steen & Hamilton LLP, Frankfurt and New York
Susanne Gropp-Stadler, Head of Litigation, Siemens AG, Munich

9.10: Session one: Arbitration in Russia – what’s changed since the 2016 reform?

What does arbitration look like in Russia since it changed its arbitration law? Has the slate been wiped clean, or does some of the previous legal regime on arbitration and enforcement in Russia remain? What’s the intelligent view? This session will explore all aspects of Russia’s new law, how it is being applied and what that means in practice going forward.

Questions the panel are expected to discuss include:

  • What exactly did the law change?
  • Is it being implemented as intended? What’s known at this point, and what remains to be seen? Is the law the “major advance” predicted?
  • Are arbitral institutions being licensed in the fashion intended?
  • Are changes to existing arbitration agreements required in light of the new law?
  • What effect has the law had on ease of enforcement of foreign awards within Russia?
  • Is there any sign that the law has increased the use of Russia as a seat?

Moderator:
Vladimir Khvalei, Baker McKenzie and Chairman of the Board of the Russian Arbitration Association, Moscow

Panel:
Marina Akchurina, Cleary Gottlieb Steen & Hamilton LLP, Moscow
Alexey Yadykin, Freshfields Bruckhaus Deringer, Moscow
Vasily Kuznetsov, Baker Botts, Moscow

10.30: Coffee break

11.00: Session two: Emergency and expedited arbitrations – the pros and cons

Expedited and emergency arbitration procedures have recently been adopted at a number of institutions, but what are the advantages and disadvantages with these procedures and related experiences? Our panel of experts will address this question, as well as:

  • The legal problems associated with emergency procedures, such as uncertainty regarding enforceability of emergency orders under the NY Convention.
  • The practical difficulties faced by arbitral institutions who offer these services. How does one do robust conflict checks in the time required when appointing an emergency arbitrator?
  • The challenges and potential consequences of expedited arbitration procedures.

Moderator:
Tanja Pfitzner, Pfitzner Legal, Frankfurt

Panel:
Mariagiovanna Scarpa, Generali, Milan
Elmar Schweers, RWE, Cologne
Elliot Polebaum, Independent Arbitrator, Washington, DC
Dr. Sven Lange, Allen & Overy, Frankfurt

12.30: Networking lunch sponsored by Accuracy

13.30: Fireside chat

Damages experts take their turn in the hot seat to discuss whether international arbitration deserves some of the bad press it gets over the calculation of damages, and how counsel and arbitrators can become more literate in modern damages valuation methodologies.

Moderator:
Prof. Dr. Richard Kreindler, Cleary Gottlieb Steen & Hamilton LLP, Frankfurt and New York

Experts:
Erik van Duijvenvoorde, Accuracy, London and Paris
Gervase MacGregor, BDO, London

14.15: Session three: The EU Permanent Investment Court Proposal – will it be fit for purpose?

This panel will deconstruct the EU Commission’s proposal for a permanent investment court. Does it withstand scrutiny? Are there modifications that would be desirable? Are those realistic in the current climate? Or, conversely, is the concern over-blown?

Questions that the panel are expected to debate include:

  • What are the advantages and disadvantages of the current proposals?
  • Are there modifications that might come to light, or could be argued for?
  • Is the underlying approach desirable from a policy perspective?
  • How will the EU’s proposal be viewed by the new Trump US administration and how might the acts of the Trump administration affect the EU’s approach? Are there steps it could take that would cause a radical rethink?

Moderator:
Dr. Patricia Nacimiento, Herbert Smith Freehills, Frankfurt

Panel:
Laurie Achtouk-Spivak, Cleary Gottlieb Steen & Hamilton LLP, Paris
Sabine Konrad, McDermott Will & Emery, Frankfurt
Prof. Dr. Stephan Schill, University of Amsterdam, Amsterdam

15.45: Coffee break

16.15: Session four: The GAR Live Debate

Motion: “This house believes that document production should no longer form part of the default procedure for international commercial arbitration proceedings.” 

In favour of the motion:
Huáscar Ezcurra, Bullard Falla Ezcurra, Peru
Johanna Wirth, Hengeler Mueller, Berlin

Against the motion:
Alexandra Johnson, Bär & Karrer, Geneva
Jeffrey Rosenthal, Cleary Gottlieb Steen & Hamilton LLP, New York

Judges:
Prof. Dr. Irene Welser, Cerha Hempel Spiegelfeld Hlawati, Vienna
Sherlin Tung, Semperit, Vienna
José Miguel Júdice, PLMJ, Lisbon

17.45: Chairs’ closing remarks

Prof. Dr. Richard Kreindler, Cleary Gottlieb Steen & Hamilton LLP, Frankfurt and New York
Susanne Gropp-Stadler, Head of Litigation, Siemens AG, Munich

17.50 onwards: All delegates are invited to attend a drinks reception kindly hosted by Allen & Overy

Jumeirah,Thurn-und-Taxis-Platz 2, 60313 Frankfurt am Main, Germany

Prices

Private Practitioner
Type Price Until
Super Early €900  19 May 2017
Early €1,000 16 Jun 2017
Standard €1,100 29 Jun 2017

 

In-house/governmental
Type Price Until
Super Early €250 19 May 2017