Wednesday, 14 October 2020

E-mail Tel: +44 20 3780 4183

Chairs

Julie Bédard

Skadden, Arps, Slate, Meagher & Flom

Trained in both civil and common law, Ms. Bédard is experienced in conflict of laws and represents clients in connection with litigation and arbitration proceedings throughout the world, raising disputes on governing law, jurisdiction, the enforcement of arbitration agreements, extraterritorial discovery and international judgment enforcement.

Dietmar Prager

Debevoise & Plimpton

Dietmar W. Prager is a litigation partner in the firm’s New York office who focuses his practice on international arbitration and litigation. He co-leads the firm’s Latin America Practice Group.

Keynote Speaker

George Bermann

Director, Center for International Commercial & Investment Arbitration, Columbia Law School

George Bermann is Professor of law and director of the Center for International Commercial and Investment Arbitration, Columbia Law School. He has served as arbitrator in scores of international commercial and investor-State arbitrations starting in 1980 and is a member of the roster of most leading international arbitral institutions. He was founding member of the Governing Board of the ICC International Court of Arbitration. At the same time he is frequent expert witness on issues of international arbitration and transnational litigations before arbitral tribunals and national courts. He is also Council member of AAA, board member of CPR, Fellow of Chartered Institute of Arbitrators and head of the global advisory board of the N.Y. International Arbitration Center (NYIAC). In addition to his many publications, Professor Bermann was Chief Reporter, ALI Restatement of US Law of International Commercial & Investment Arbitration, and co-author, with Emmanuel Gaillard of the UNCITRAL Guide to the New York Convention. He is also co--editor-in-chief American Review of International Arbitration.

Speakers

Kate Brown de Vejar

DLA Piper

Tai-Heng Cheng

Sidley Austin

Diego Gosis

GST

Andrea Gross

Bechtel

Samaa Haridi

Hogan Lovells

Doug Jones

Atkin Chambers

Jennifer Kirby

Kirby Arbitration

Christian Leathley

Herbert Smith Freehills

Dana MacGrath

Omni Bridgeway

Joseph Profaizer

Paul Hastings

Meriam Al-Rashid

Eversheds Sutherland

Erin Thomas

Covington & Burling

Angeline Welsh

Essex Court Chambers

Wiley Wright

BDO

Alex Yanos

Alston & Bird

Wednesday 14 October
All times are in Eastern Daylight Time (UTC-04:00)

11:45-12:00: Log in and Chairs' welcome

Julie Bédard, Skadden, Arps, Slate, Meagher & Flom 
Dietmar Prager, Debevoise & Plimpton 

12:00-12:20: Fireside Chat with George Bermann

GAR Live interviews George Bermann, Director, Center for International Commercial & Investment Arbitration, Columbia Law School

Interviewer:
Julie Bédard, Skadden, Arps, Slate, Meagher & Flom

12:20-13:05: Expert evidence in construction arbitration: What works and what doesn't?

Complex infrastructure arbitrations often require evidence by multiple experts on engineering, technical, delay and quantum issues.  To ensure that the arbitration is conducted efficiently, it is vital that this evidence be focused and assist the tribunal During this interactive session, our diverse panel consisting of a leading arbitrator, a client, an expert and a counsel will debate which case management techniques work and share their ideas on how the process can be further improved.  Issues to be discussed include:

  • Should the tribunal hold case management conferences that include experts?
  • What role can experts play during the document discovery process?
  • Are agreed lists of issues helpful?
  • Are joint expert reports useful or a waste of time? 
  • What are the benefits and pitfalls of expert conferencing?

Moderator:
Dietmar Prager, Debevoise & Plimpton

Panel:
Andrea Gross, Bechtel
Doug Jones, Atkin Chambers
Erin Thomas, Covington & Burling
Wiley Wright, BDO

13:05-13:15: Break 

13:15-14:00:  Non-signatories and arbitration 

The question of non-signatories and arbitration has been addressed by the US Supreme Court in line with international arbitration practice, in GE Energy Power Conversion v Outokumpu Stainless USA. This panel will bring together leading names to dissect this decision and the state of the law on non-signatories in the US.

In particular they are expected to cover:

  • Are we back to basic principles of contract law or could this decision expand the reach of non-signatory enforcement of arbitration agreements?
  • What role, if any, should arbitral institution rules (e.g., joinder rules) play in assessing the parties' consent to arbitrating with non-signatories?
  • Should there be a difference when an arbitration clause is invoked against or in favor of a non-signatory?
  • May parties delegate issues of arbitrability of claims by / against non-signatories to the arbitral tribunal under U.S. law?
  • Does a non-signatory have standing to raise defenses to the enforcement of the arbitration agreement by alleging that it was procured by fraud or undue means?
  • Should courts look at the law applicable to the underlying instrument binding the third-party in determining the scope of the arbitration agreement (e.g. corporate documents, assignment and subrogation)?

Moderator:
Tai Heng Cheng, Sidley Austin 

Panel: 
Christian Leathley, Herbert Smith Freehills
Joseph Profaizer, Paul Hastings
Meriam Al-Rashid, Eversheds Sutherland
Angeline Welsh, Essex Court Chambers

14:00-14:45: Disclosure practice and other ethical matters: The impact of recent rulings on arbitrators and experts

US disclosure practice has always been a bit different, and liable to catch unsuspecting visitors out.  Lately, though, the issue of disclosure everywhere has been put back in the spotlight by decisions such as Monster Energy Co v City Beverages. Our panel of esteemed practitioners will review the latest cases and discuss whether new fronts are opening in the fight to keep international arbitration respectable.  The audience will also have the chance to express their opinion anonymously on the rights and wrongs of different scenarios in a section we’re calling “would you challenge?”.

In particular they are expected to consider:

  • Ties to particular arbitral institutions
  • The Eiser case
  • ICSID/UNCITRAL Draft Code of Conduct for Adjudicators in ISDS
  • Is international arbitration held to different standards than domestic arbitration?
  • Where are we 10 years after the Doak Bishop's keynote address at ICCA?

Moderator:
Samaa Haridi, Hogan Lovells

Panel:
Diego Gosis, GST
Jennifer Kirby, Kirby Arbitration
Dana MacGrath, Omni Bridgeway
Kate Brown deVejar, DLA Piper
Alexander Yanos, Alston & Bird

14:45-15:15: Chairs' closing remarks, followed by networking

Julie Bédard, Skadden, Arps, Slate, Meagher & Flom 
Dietmar Prager, Debevoise & Plimpton 

Testimonials

  • "Audience was a Who's Who of arbitration in NYC" Jennifer Cabrera, Cabrera Cammarota 

  • "Very knowledgeable speakers and very up-to-date topics." Veronica Mazzoleni, Pizzarotti 

Ticket Prices

Private Practitioner
Type Price
Tier 1 Sold Out
Tier 2 $250

 

In-House Counsel/ Government Representatives 
Type Price
Standard $0