Thursday, 10 May 2018, One Bishops Square, London

E-mail Tel: +44 20 3780 4137

Chairs

Steven Finizio

WilmerHale

Steven Finizio is recognized as one of the leading international arbitration lawyers in London in the Chambers UK Guide, named in the Euromoney Guide to the World's Leading Experts in Commercial Arbitration and recognized for his standing in the field of international arbitration in Legal 500, Chambers Global, Chambers Europe, Global Arbitration Review's Who's Who in International Arbitration, PLC Which Lawyer? and Legal Media Group's The Best of the Best. Mr. Finizio has been resident in the firm's London office since 2000.

Karyl Nairn QC

Skadden, Arps, Slate, Meagher & Flom

Karyl Nairn is global co-head of Skadden’s International Litigation and Arbitration Group. She focuses on complex international commercial arbitration and litigation, as well as investment treaty arbitration, acting for governments and corporations across a range of industry sectors, including finance and banking, oil and gas, commodities, pharmaceuticals and telecommunications.

2017 Programme

9.00: Welcome coffee and registration

9.30: Chairs' opening remarks

Wendy Miles QC, Debevoise & Plimpton
Will Thomas, Freshfields Bruckhaus Deringer

9.40: Session one: Sanctions – a triangular look

Dealing with sanctions regimes has become part of life in international arbitration in recent years, not least in London. So what lessons have been learned? How much of an impediment are sanctions to the smooth running of a case? This panel will discuss the challenge of sanctions from the three key perspectives: Counsel, arbitrator, and institution.

Topics the panel is expected to discuss include:

- Issues at the outset of the arbitration: When institutions/arbitrators/counsel consider whether proceeding to arbitrate disputes involving parties caught by sanctions gives rise to any risk of violating those sanctions.
- Issues during the arbitration: What relevance may sanctions have on the claim itself, eg as regards contractual (non) performance / force majeure / frustration etc.
- Issues at the enforcement stage: Will enforcement of an award violate sanctions?

Moderator:
Hans van Houtte, Professor of Law, University of Leuven and President, Iran-United States Claims Tribunal

Panel:
Mercédeh Azeredo da Silveira, Bär & Karrer
Charles Claypoole, Latham & Watkins
Jacomijn van Haersolte-van Hof, Director General, The London Court of International Arbitration (LCIA)
Maya Lester QC, Brick Court Chambers
Brian O’Toole, Senior Advisor to the Director, Office of Foreign Assets Control (OFAC), US Department of the Treasury

10.45: Coffee break

11.15: Session two: The GAR Live symposium

Our espresso version of Tylney Hall.

Moderators:
Daniel Busse, Allen & Overy
Mark Beckett, Cooley

12.30: Networking lunch

14.00: Session three: Question Time with in-house counsel on 'The Business of Arbitration' - what do clients want to pay for, and how do they want to pay for it?

Clients are becoming more and more demanding of outside arbitration counsel – but not all of them want the same things. So this session provides an opportunity to hear, straight from the horse’s mouth, what certain clients like/ don’t like; have seen/wish they’d seen; or now think ought to be standard.

The panel is expected to explore:

- What does "value" mean to clients in the context of international arbitration?
- Pricing: Hourly rates v fixed fees v skin in the game
- Third Party Funding: A universal panacea?
- Effective budgeting: A two way process?
- Where can cost savings be made?

Moderator:
Will Thomas, Freshfields Bruckhaus Deringer

Panel:
Helen Dodds, Global Head of Legal, Dispute Resolution, Standard Chartered Bank
Richard Hill, General Counsel, Global Litigation, Shell
Timothy Mayer, Therium Capital Management
Nick Vidovich, Group Legal Director, Litigation, Vodafone Group

15.15: Coffee break

15.45: Session four: The GAR Live Inquisition

In a new format for GAR Live, this session will replicate a US senate committee hearing or a UK House of Commons select committee session wherein a succession of witnesses are ‘grilled’ by a panel of GAR Live inquisitors.

Is international law being formed through public arbitration decisions? If so, are arbitrators conscious of this public function and are they performing it in a legitimate manner, and taking into account the right considerations?

Questions likely to be discussed include:

- What is the impact of international laws, obligations, conventions and policy on investor legitimate expectations and state obligations?
- Should counsel and arbitrators look beyond the contract/applicable investment treaty to the State’s domestic and international obligations and commitments, including to human rights and other universal protections?
- Do arbitrators create new international policy or norms when it comes to implementing international objectives?
- Does changing conduct of insurers, financial institutions and energy companies demonstrate changing business practices and norms? How, if at all, does this influence an investor’s legitimate expectations?

Moderator:
Ben Carroll, Linklaters

Inquisitors:
David W. Rivkin, Debevoise & Plimpton
Lisa Bingham, Deputy Executive Director, ICCA and Legal Counsel, PCA

Witnesses:
Wendy Miles QC, Debevoise & Plimpton
Duncan Matthews QC, 20 Essex Street
Audley Sheppard QC, Clifford Chance
Alejandro Escobar, Baker Botts

17.15: Chairs’ closing remarks

Wendy Miles QC, Debevoise & Plimpton
Will Thomas, Freshfields Bruckhaus Deringer

17.30 onwards: Drinks reception kindly hosted by Freshfields Bruckhaus Deringer

One Bishops Square, London