Wednesday, 29 November 2017, Avenue Pierre 1er de Serbie, Paris

E-mail Tel: +44 20 3780 4137

Chairs

Michael Polkinghorne

White & Case

Michael Polkinghorne focuses on advising clients on arbitration and litigation matters, notably in the areas of energy, telecommunications, project finance and infrastructure. He has served as counsel and arbitrator in numerous arbitrations conducted under most major institutional rules, helping to resolve disputes for a range of significant commercial and sovereign clients. He is the former Australian member of the International Court of Arbitration of the ICC, and a current member of the ICC Task Force on arbitrations involving state entities.

Isabelle Michou

Quinn Emanuel Urquhart & Sullivan

Isabelle Michou’s practice focuses on international arbitration and international law. She acts for both large corporations and States and has developed substantial expertise in a range of industries, including in the energy sector, aerospace, large-scale infrastructure projects and hotel management. She has appeared before numerous high-profile arbitral tribunals, under the auspices of the major institutional rules including ICC, ICSID, LCIA, Stockholm Chamber of Commerce, as well as ad hoc arbitrations under the UNCITRAL Rules.

Speakers

Patrick Baeten

Deputy General Counsel, Disputes, Engie

George Bermann

Jean Monnet Professor of EU Law, Walter Gellhorn Professor of Law; Director, Center for International Commercial and Investment Arbitration, Columbia Law School

Olivier Caprasse

Independent Arbitrator

Eduardo Damião Gonçalves

Mattos Filho

Charles Kaplan

Orrick Rambaud Martel

Amy Kläsener

Dentons

Benoit Le Bars

Lazareff Le Bars

Kristoffer Löf

Mannheimer Swartling

Marco Lorefice

Senior Oil & Gas and International Arbitration Lawyer, Edison spa

Carole Malinvaud

Gide Loyrette Nouel

Pierre Mayer

Independent Arbitrator

Gail Negbaur

General Counsel Asia and Senior M&A Counsel, Air Liquide

Rupert Reece

Gide Loyrette Nouel

Noah Rubins

Freshfields Bruckhaus Deringer

Maxi Scherer

Chair, International Arbitration, Dispute Resolution and Energy Law, Queen Mary University

Anne Véronique Schlaepfer

White & Case

Christophe Seraglini

Betto Seraglini

Laurence Shore

Bonelli Erede

Fedelma Claire Smith

Legal Counsel, Permanent Court of Arbitration

Roger Stewart QC

4 New Square

Thierry Tomasi

Herbert Smith Freehills

Roland Ziadé

Linklaters

Programme

9.00: Welcome coffee and registration

9.30: Chairs' opening remarks

Michael Polkinghorne, White & Case
Isabelle Michou, Quinn Emanuel Urquhart & Sullivan

9.40: Session one: Confidentiality and privilege

The existence of confidentiality of arbitration has been the subject of gallons of ink, but is there an argument for reversing any presumption of confidentiality so that parties must act to ensure it, rather than rely on any implied rule? What are the pros and cons?

Within the process itself, confidentiality can manifest itself in an entirely different context, that of production of documents and evidence more generally. So when should a party be able to claim confidentiality and on what grounds?

The panel will discuss:

- Commercial sensitivity
- Legal privilege (and what to do about cases where in-house counsel provide legal advice (how to deal with different rules in different jurisdictions)
- The use of "privilege counsel"? How else to deal with disputes of this nature?
- The relevant audience; when can or should one allow access to only a limited class such as experts, counsel and/or the tribunal?
- Where witnesses or counsel need to deal with sensitive material on written or oral address: how is this dealt with in practice? How much discretion does a tribunal have? And can problems arise in enforcement where that discretion has been exercised?
- What solutions do the various rules or guidelines (including the IBA) provide in practice?

Moderator:
Michael Polkinghorne, White & Case

Panel:
Gail Negbaur, General Counsel Asia and Senior M&A Counsel, Air Liquide
Patrick Baeten, Deputy General Counsel, Disputes, Engie
Noah Rubins, Freshfields Bruckhaus Deringer
Amy Kläsener, Dentons
Benoit Le Bars, Lazareff Le Bars

10.45: Coffee break

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

A twist on our usual Tylney Hall format. A panel of distinguished arbitrators will discuss questions submitted by the audience in advance.

Moderator:
Maxi Scherer, Chair, International Arbitration, Dispute Resolution and Energy Law, Queen Mary University

Panel:
Laurence Shore, Bonelli Erede
Pierre Mayer, Independent Arbitrator
Anne Véronique Schlaepfer, White & Case
Olivier Caprasse, Independent Arbitrator

12.30: Networking lunch

13.30: Session three: Would you challenge?

During this interactive session, a distinguished panel will discuss a number of recent decisions, before, along with the audience, they'll be asked to decide, "would you challenge?"

Among other things, the panel will discuss:

- Can the use of a tribunal secretary or an assistant give rise to a successful challenge? Do co-arbitrators have duties if they know the presiding arbitrator is delegating excessively to a secretary or an assistant?
- Shall an arbitrator disclose his/her work as counsel in another case when accepting an appointment as arbitrator where related issues and possible overlaps arise? Can the arbitrator's decision of an issue in one case influence the outcome in a related case where the arbitrator serves as counsel?
- Actual bias versus appearance of bias
- Appointing the same arbitrator in multiple, related arbitrations is frequent in order to avoid inconsistent results and to save time and costs. Is a challenge on the basis that the arbitrations involve related issues meritorious? Are we not taking the risk of losing efficiency in the process?
- Has the threat of challenges given rise to over-disclosure by arbitrators? 
- What solutions do the various rules or guidelines (including the IBA Guidelines on Conflicts of Interest) provide in practice?

Moderator:
Isabelle Michou, Quinn Emanuel Urquhart & Sullivan

Panel:
Carole Malinvaud, Gide Loyrette Nouel
Charles Kaplan, Orrick, Herrington & Sutcliffe     
Roger Stewart QC, 4 New Square
Fedelma Claire Smith, Legal Counsel, Permanent Court of Arbitration
Marco Lorefice, Senior Oil & Gas and International Arbitration Lawyer, Edison

14.45: Coffee break

15.15: Session four: The GAR Live Inquisition - on Annulled Awards

In a new format for GAR Live, this session will replicate a US senate committee hearing with a succession of witnesses being ‘grilled' by a panel of GAR Live inquisitors.

This committee will investigate: in light of recent developments, who's right when it comes to awards annulled at seat? France, or the rest of the world?

Moderator:
Isabelle Michou, Quinn Emanuel Urquhart & Sullivan

Inquisitors:
George Bermann, Jean Monnet Professor of EU Law, Walter Gellhorn Professor of Law; Director, Center for International Commercial and Investment Arbitration, Columbia Law School
Roland Ziadé, Linklaters
Kristoffer Löf, Mannheimer Swartling

Witnesses:
Christophe Seraglini, Betto Seraglini
Thierry Tomasi, Herbert Smith Freehills
Rupert Reece, Gide Loyrette Nouel
Eduardo Damião Gonçalves, Mattos Filho

16.30: Chairs' closing remarks

Michael Polkinghorne, White & Case
Isabelle Michou, Quinn Emanuel Urquhart & Sullivan

16.45 onwards: Drinks reception kindly hosted by Orrick Rambaud Martel

Venue

31, Avenue Pierre 1er de Serbie, Paris Cedex 16 Paris, 75782, France

Registration

Private Practitioner
Type Price Until
Super Early €800 18 October 2017
Early €950 17 November 2017
Standard €1,100 29 November 2017

 

In-house/governmental
Complimentary In-house/governmental registration available