Thursday, 14 November, 1501 K Street, N.W. Washington, D.C. 20005

CLE credits

Who's Who Legal Future Leaders: Arbitration Conference USA has been submitted for approval for Continuing Legal Education (CLE) hours. Depending on the specific state rules, regulations, and restrictions, the projected CLE credits awarded could be up to 3 hours.

E-mail Tel: +44 20 3780 4282

Chairs

Érica Franzetti

Dechert

Érica Franzetti concentrates her practice on international commercial and investor-state arbitration matters across multiple industry sectors, including energy and natural resources, life sciences, financial services, hospitality, and Internet governance. Ms. Franzetti has extensive experience advising clients in cases involving multiple procedural rules and has appeared before ICSID, ICC, ICDR and UNCITRAL arbitral tribunals.

Marinn Carlson

Sidley Austin

MARINN CARLSON, co-leader of the firm’s Global Arbitration, Trade and Advocacy practice, focuses her practice in international investment disputes, with an emphasis on investor-state arbitration. She represents both cross-border investors as well as respondent governments in ICSID and UNCITRAL arbitrations under investment treaties (BITs) and free trade agreements, including NAFTA. She counsels clients in sectors ranging from financial services to energy to infrastructure development on the implications of international trade and investment rules for their global operations. She also represents corporate clients from around the world in a wide range of institutional and ad hocinternational commercial arbitrations, including under ICC and SCC rules among others, and has represented clients in U.S. litigation with international ramifications before the United States Supreme Court and various courts of appeal.

Keynote Speaker

Lucinda Low

Steptoe & Johnson

Lucinda A. Low, a partner at Steptoe & Johnson LLP, serves on the Firm’s Executive Committee and co-chairs one of the Firm’s four departments. Her practice includes arbitration, particularly of investor-state disputes, as well as international regulatory compliance, investigation and enforcement matters. Ms. Low is the immediate Past President of the American Society of International Law and a member of the U.S. Secretary of State’s Advisory Committee on Public International Law. She serves on the ICSID Panel of Conciliators (appointed by the United States) and the Panel of Arbitrators (appointed by the World Bank President).  

Speakers

Meriam Al-Rashid

Dentons

James P. Duffy IV

Reed Smith

Emma Lindsay

Withers Worldwide

Patrick Pearsall

Jenner & Block

Borzu Sabahi

Curtis Mallet-Prevost Colt & Mosle

Mallory Silberman

Arnold & Porter Kaye Scholer

Dan Tan

Dan Tan Law

Programme

13.30: Welcome coffee and registration

14.00: Chairs’ opening remarks

Marinn Carlson, Sidley Austin
Érica Franzetti, Dechert

14.10: Session one: Investor-state disputes – a new dawn in treaty reform? 

A new generation of investment treaties will likely mean new investor-state disputes, and new challenges therein. The USMCA – still to be ratified by the three governments involved – will present a new angle to be considered, and we will come to have a more rounded understanding of the CPTPP now that it is in force. But what do practitioners need to know in order to be ready for a new era? This panel will look at potential obstacles and issues facing investor-state disputes, including:

  • Social issues and human rights and their intersection with investment treaty arbitration
  • Environmental law and climate change, including efforts to foster green investments
  • Expanding use of counterclaims by States - what impact do they have on arbitral decisions, damages sought and won, and other aspects of proceedings?
  • Addressing allegations of corruption, including standards of proof, public policy arguments, and potential sanctions
  • The impact of political forces, including economic nationalism, on investment disputes and arbitrations
  • Overhauls, renegotiations, and terminations of States’ investment treaty portfolios

Moderator:
Érica Franzetti, Dechert

Panel:
Mallory Silberman, Arnold & Porter Kaye Scholer
Meriam Al-Rashid, Dentons
Borzu Sabahi, Curtis Mallet-Prevost Colt & Mosle
Patrick Pearsall, Jenner & Block

15.25: Coffee break

15.55: Session two: Discovery in aid of arbitration under 28 USC §1782

The process of obtaining information in the United States in aid of international arbitrations using 28 USC §1782 is continuing to evolve, as district and appellate courts have now spent 15 years implementing the US Supreme Court’s 2004 decision in the Intel v AMD case. What is the current state of play, and are we trending toward more or less discovery for use in international arbitration proceedings? Are the answers different for commercial arbitrations and investment treaty arbitrations? Will GDPR and corresponding domestic laws on data protection have an impact on such requests? This panel will provide an update on the law and dive into practical topics such as:

  • How have arbitrators and counsel tried to use the framework of §1782 and Intel v AMD in innovative and interesting ways?
  • What kinds of discovery have been most often granted, and have they been useful?
  • How have counsel managed the relationship between discovery rights in the arbitration, and §1782 discovery outside the arbitration? Do you have to have a tribunal’s blessing to turn to §1782, and/or can it be used as a second bite at the tribunal’s own document production decisions?
  • What do (and should) clients think about expanding the dispute to another “battlefield” via §1782 discovery?

Moderator:
James P. Duffy IV, Reed Smith

Panel:
Emma Lindsay, Withers Worldwide
Dan Tan, Dan Tan Law

16:55: Fireside chat with Lucinda Low

In this interview style session, we will pick the brains of leading practitioner Lucinda Low as to the future of arbitration, and how you can prepare for it.

Interviewer:
Marinn Carlson, Sidley Austin

17.40: Chairs’ closing remarks

Marinn Carlson, Sidley Austin
Érica Franzetti, Dechert 

17.50 onwards: All delegates are invited to attend a drinks reception kindly sponsored by Sidley Austin

Venue

1501 K Street, N.W. Washington, D.C. 20005

Ticket Prices

Private Practitioner
Type Price Expires
Early Rate  $300 25/10/2019
Standard $400 14/11/2019

 

In-house/Government Representatives
Type Price
Standard $0