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What’s Different About International Arbitration? Practical Tips for Lawyers and Arbitrators

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Program Cosponsors

INTERNATIONAL

24 March 2017 08:45-17:30 Main conferenceCMS | Cannon Place | 78 Cannon Street | London EC4N 6AF

Choices for Corporate Counsel

CMS_LawTax_Negative_28-100.eps

Sponsored by

ARBITRATION

www.cms-lawnow.com/arbitration-2017

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Schedule at a glance

Conference welcomeWelcome to the 2017 International Arbitration conference for in-house Counsel, hosted by CMS. The theme of this year’s conference is ‘Making the right choices in an uncertain world.’

Arbitration allows parties control over the process, but with increasing complexity and choice, picking the right actors (arbitral institution, outside counsel, arbitrators) is important to maximize the chances of obtaining an appropriate result. With increasing complexity

This interactive one-day conference looks at the choices and decisions that in-house counsel are faced with and the practical, pragmatic and strategic solutions available to them.

08:15-08:45 Coffee and registration

08:45-13:00 Conference

13:00-14:30 Lunch

14:30-17:30 Conference

17:30-19:00 Drinks and networking


Programme

08:45-09:00 Welcome and Introduction CONFERENCE CHAIR:

Roland SchroederChair, CCIAG and Global Executive Litigation Counsel, Corporate, GE

09:00-09:50 KEYNOTE SPEAKERS

Trade Policy: Prospects in light of the Brexit Referendum and the US Elections The Nexus between Commercial and Investment Arbitration: Choices in Dealing with Public Companies

Shanker Singham, Legatum Institute

Edoardo Marcenaro, ENEL

09:50-10:40 PANEL 1Emergency Proceedings and Interim Awards

— Recent institution initiatives Enforcement issues

— Are they being utilised?

— What do users think?

— What is the Institutional Perspective?

Christopher Newmark, SUNLawCaroline Ming, Swiss Chambers’ Arbitration Institution (SCAI)Mark C. Morril, MorrilADR LLCChair: John Lowe, Independent Arbitrator

10:40-11:15 Break

International Arbitration Conference – 24 March 2017

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11:15-12:00 PANEL 2Cyber Security: Are Arbitrators the weak link?

— What is good practice in terms of confidentiality?

— Are the Institutions helpful?

— What are users requiring?

— What steps are institutions taking?

Olivier André, CPR InstituteStephen Tester, CMSAlexander Fessas, ICC International Court of ArbitrationChair: Alessandro Galtieri, Colt Technology Services

12:00-13:00 PANEL 3Arbitrator Selection and Evaluation

— Importance of Arbitrator Selection: are disclosure requirements impeding this process?

— Desired attributes: how can these be identified?

— Current initiatives underway: Will they amount to much given confidentiality requirements in arbitration?

David Samuels, Global Arbitration ReviewMichelle MacPhee, BPNeil Stewart, Hewlett Packard EnterpriseChair: Guy Pendell, CMS

13:00-14:30 Lunch


14:30 – 17:30The afternoon sessions will follow a ‘Tylney Hall’ style format. This is a long-established tradition for LCIA arbitration symposia. Delegates will be invited to submit topics for discussion and questions can be submitted in advance via this short online survey:

https://tinyurl.com/IntArb240317

On the day, delegates are encouraged to participate in a discussion under the Chatham House Rule on the topics submitted and other issues of interest. Moderators will be invited from delegates in advance of the event:

14:30-15:15 SESSION 1Practice and Procedure

Possible topics to address include: dispute escalation clauses, accelerated proceedings.

15:15-16:00 SESSION 2Orders, Awards, Enforcement and Settlement

Possible topics include: Review of on-going enforcement actions, e.g., Yukos, Commisa v Pemex, etc. effort to have treaty providing recognition of settlements from mediation proceedings.

16:00-16:30 Break

16:30-17:15 SESSION 3Innovation and Efficiency in the Conduct of Arbitration Proceedings

Possible topics include: recent institutional initiatives such as the new ICC rules for cases involving less than USD 2 million, examples of best practice, recent trends.

17:30-19:00 Drinks reception and networking


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About the organisers

ACC Europe

ACC Europe serves in-house attorneys in Europe through networking, knowledge sharing, continuing legal education and advocacy on behalf of the in-house profession. ACC Europe is a chapter of the Association of Corporate Counsel, the premier association for in-house counsel. For more information on ACC Europe’s activities, please contact the chapter administrator at [email protected]. Website: www.acc.com.

ASA – Swiss Arbitration Association

The Swiss Arbitration Association (ASA) has over 1200 members, practitioners and academics engaged and/or interested in domestic and international arbitration, from Switzerland and abroad. ASA contributes to the development of arbitration law and practice through regular conferences and workshops, including this Annual Conference; the Arbitration Practice Seminar; ASA Local Group meetings; ASA below 40 events for young practitioners, and the publication of the ASA Bulletin, a renowned arbitration quarterly, and of the ASA Special Series. For more information and membership enquiries, see www.arbitration-ch.org or contact Alexander McLin, Executive Director, at [email protected].

CCIAG – Corporate Counsel International Arbitration Group

The Corporate Counsel International Arbitration Group (CCIAG) was registered in 2009 in order to provide a focal point for discussion among corporate counsels actively involved in international arbitration and other forms of alternative dispute resolution. The current membership is comprised of corporate counsels from more than 90 multinational companies. The CCIAG is a non-profit organisation and has no connections with any law firm or arbitral institution. Simply put, the CCIAG is the voice of users. Website: www.cciag.com.

CPR – International Institute for Conflict Prevention & Resolution

CPR is an independent non-profit organisation that helps global businesses prevent and resolve commercial disputes effectively and efficiently. Its members include corporations and law firms, academic and government institutions, leading mediators and arbitrators. CPR is: (1) a thought leader, driving a global dispute resolution culture; (2) a developer of cutting-edge tools and resources, powered by the collective innovation of its membership; and (3) an ADR provider offering innovative, practical arbitration rules, mediation and other dispute resolution procedures, and neutrals worldwide. Website: www.cpradr.org/Home.aspx.

The CPR European Congress on Business Dispute Management is on March 28, 2017 at Mastercard in London. Website: http://bit.ly/CPREuropeanCongress

CMS

CMS provides clients with specialist, business-focused advice in law and tax matters. Our 3,000 legal professionals including 600 disputes lawyers are spread across 19 practice and sector groups and 33 countries. We stand apart through our deep commitment to understanding our clients’ business and the sectors and countries in which we operate. From major multinationals and mid-caps to enterprising start-ups, we provide the technical rigour, strategic excellence and long-term partnership to keep clients ahead whatever their chosen markets. Website: www.cms-cmck.com.

Speaker profiles


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Conference chair

Roland Schroeder – Chair, CCIAG and Global Executive Litigation Counsel, Corporate, GE

Roland is a founding member and Chairman of CCIAG and a member of the Board of Directors of the International Mediation Institute. He has previously served on the ICC Commission on Arbitration, on the Executive Committee of the International Institute for Conflict Prevention & Resolution, as Chair of the Corporate Counsel subcommittee of the USCIB, and as the Corporate Counsel liaison to the IBA mediation committee.

In his role as Global Executive Litigation Counsel, Corporate, GE his responsibilities include the management of US and international litigation and compliance risk, ADR, and the implementation of company-wide legal policy in these and other areas.


Speakers & moderators

Olivier André – Vice-President, International and Dispute Resolution Services, CPR Institute

Olivier is responsible for CPR’s international activities, as well as international arbitration and mediation matters which are brought before CPR pursuant to its rules. He is involved in all aspects of the proceedings, including neutral selection, challenges, clause drafting assistance and procedural questions. Olivier is also responsible for Y-ADR – CPR’s program for young international dispute resolution practitioners – and the CPR International Mediation Competition. Olivier recently contributed to the drafting of the CPR European Mediation and ADR Practical Guide for Corporates and the drafting of the CPR Administered Arbitration Rules. He is a member of CPR’s European Advisory Board and CPR’s Brazil Advisory Board, a member of CPR’s Arbitration Committee, a member of the International Commercial Disputes Committee and an affiliate member of the Arbitration Committee of the New York City Bar Association. He started his legal career at Shearman & Sterling L.L.P. and at the ICC Court of International Arbitration in Paris.

Richard Bamforth – Partner, Olswang

Richard specialises in international commercial arbitration, commercial litigation and alternative dispute resolution, with a focus on cross border disputes in the media, banking, finance, insolvency, energy and telecommunications sectors. He represents clients in arbitrations conducted under all the major institutional rules (ICC, LCIA, UNCITRAL) and other ad hoc arbitrations. He also sits as an arbitrator (as sole arbitrator and as member of tribunals), appointed direct by parties and by the arbitral institutions, and is accredited as a mediator by the Centre for Effective Dispute Resolution (CEDR). Richard writes and lectures frequently on arbitration matters and is recommended for International Arbitration in the current editions of Chambers & Partners and Legal 500 as well as “Super Lawyers” and “Best Lawyers in the United Kingdom”. Richard will join CMS on 1 May 2017 as part of Olswang’s merger with CMS and Nabarro.


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Alexander Fessas – Managing Counsel, ICC International Court of Arbitration

Alexander G. Fessas is the Secretary General-designate and currently the Managing Counsel of the ICC Court, where he oversees and coordinates the work of the ICC Court Secretariat’s nine case management teams in Paris, New York and Hong Kong. He joined the ICC Secretariat in 2011 as the Counsel for the North American and Eastern Mediterranean/Gulf case management teams. From 2011 to 2008 Alexander was a sole practitioner and beforehand an associate at an Athens-based law firm. He was Editor-in-Chief of the Revue Hellénique de Droit International during the same period. A member of the Athens Bar and a board member of the Hellenic Arbitration Association, he obtained his undergraduate and postgraduate law degrees from the Faculty of Law of the University of Athens, having specialized in international commercial transactions and conflict of laws.

Kate Davies – Partner, Allen & Overy

Kate has extensive expertise in both international commercial and investment treaty arbitration.

In commercial arbitration, Kate has experience of both institutional (e.g. LCIA, ICC, PCA, VIAC, SIAC, ICSID) and ad hoc arbitrations sited in common and civil law jurisdictions. She is expert in commercial disputes across a range of different sectors (including energy, telecommunications, automotive, technology, construction and pharmaceutical) and arising out of a number of bespoke and industry specific agreements, including joint venture, shareholder, licensing, distribution, technology transfer, patent and construction agreements.

In investment treaty and public international law, Kate’s instructions include acting in the Abyei Arbitration (which lead to the independence of South Sudan) and representing the Islamic Republic of Pakistan in an investment treaty dispute with billions of dollars at stake. She regularly advises clients on the structuring of investments to achieve investment treaty protection.


Elliott Geisinger – President, Swiss Arbitration Association

Based in Geneva, Elliott heads Schellenberg Wittmer’s International Arbitration Group. He has acted as counsel and arbitrator in complex commercial disputes involving international construction contracts, consortia and joint venture agreements, sponsorship contracts, sales and distribution contracts, and consultancy contracts.

He has represented clients in arbitration related court proceedings, and several of his cases have been reported on in the official collection of Swiss Supreme Court cases and in arbitration journals. A specialist in large-scale contract management construction projects is he has also advised Swiss corporations in investment disputes.

Elliott has authored and co-authored several publications in the fields of international arbitration and private international law.

Noah Hanft - President and CEO, International Institute for Conflict Prevention and Resolution (ex GC Mastercard)

President and CEO of the International Institute for Conflict Prevention and Resolution (CPR), Noah previously served as General Counsel and Chief Franchise Officer for MasterCard, where he was responsible for overseeing legal and regulatory affairs, public policy and compliance. While at MasterCard, he spearheaded the successful resolution of major litigations through mediated settlements. He currently serves on the boards of the Legal Aid Society and the Network for Teaching Entrepreneurship (NFTE) and is a member of the Council on Foreign Relations. Noah has a LL.M. from NYU School of Law, a J.D. from Brooklyn Law School, and a B.A. from American University.

Alessandro Galtieri – Vice President, Corporate Law, Colt Technology Services

Alessandro is Legal Director, Corporate Law and Data Protection at Colt Technology Services. He has extensive experience in the high-tech space, having held roles at Hexagon AB, as well as at the European Space Agency and Interoute Communications. Alessandro started his career in private practice at Studio Legale Tonucci and is an Italian Avvocato, a Solicitor of the Supreme Court of England and Wales and a Chartered Company Secretary (ACIS). He is UK Country Representative for the ACC.

He also serves on the Technology and Law Reference Group of the Law Society of England and Wales, which develops the Society’s policy on electronic law, and provides guidance on the impact of new technologies on the legal profession.


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John Lowe – Principal, Lowe Arbitration

After working for over 20 years as an in-house lawyer John Lowe now acts as an international arbitrator and mediator. Listed on the panels of major arbitration institutions he acts as arbitrator in both institutional and ad hoc proceedings applying either civil or common law. While practicing in-house he was active with ACC Europe, serving as board member, President and Treasurer. Mr. Lowe was the General Counsel and Director of Communications at Qioptiq, a privately-owned Luxembourg company involved in the development and manufacture of precision photonic products for the defence, medical and industrial markets. He was also Assistant General Counsel at Alcatel (now Nokia) an international supplier of telecommunications equipment after having served in several other positions in the legal department in Italy, Belgium and France.

Tim Hardy – Head of Commercial Litigation, CMS

Tim Hardy is head of CMS‘ Commercial Litigation Team in London and deals primarily with disputes concerning finance, commerce, professional negligence, product and corporate reputations. He is a Solicitor-Advocate (Higher Courts Civil). He is a member of CEDR Select and the ICAEW’s Mediation Panels and a fellow of the Chartered Institute of Arbitrators and Chair of the Institute’s Practice & Standards Committee. He is a member of LexisNexis’ Dispute Resolution Editorial Board. Tim’s experience as a litigator, mediatorand arbitrator covers a wide range of complex commercial and contractual disputes.

Michelle MacPhee – Managing Counsel, BP

Michelle is Managing Counsel of BP’s London based Dispute Resolution Team, a centralised group of specialist dispute resolution lawyers responsible for all of the BP Group’s major non-US commercial disputes (international arbitrations, litigation, expert determinations and mediations). The team handles disputes involving BP’s global upstream, downstream and integrated trading and supply businesses, as well as disputes arising at the Group level. Michelle also heads BP’s International Arbitration Centre of Expertise, is on the Governing Board of ICCA (International Council for Commercial Arbitration) and a member of the Arbitration Consultation Board for the Practical Law Company (PLC).

Michelle began her legal career as a commercial disputes and international arbitration lawyer in Vancouver, and was part of Freshfields Bruckhaus Deringer’s International Arbitration Group in London prior to joining BP in 2010.


Caroline Ming – Executive Director & General Counsel, Swiss Chambers Arbitration Institution

Based in Geneva, Caroline is a Swiss and New York qualified lawyer. She first worked in major Swiss business law firms in Geneva and Zurich as an associate, then held various positions at the SGS Group world headquarters before joining the Swiss Chambers Arbitration Institution (SCAI) as Executive Director & General Counsel. She has spoken at conferences and academic programmes on the role of the in-house counsel in dispute resolution processes and on the efficient use of arbitration and mediation as complementary tools. Caroline is a member of the board of a hotel management group, acts as co-President of the Association of International Business Lawyers in Geneva and is the Country Representative for Switzerland of the ACC Europe.

Alex McLin – Executor Director, ASA (Swiss Arbitration Association)

Alex McLin is the Executive Director of ASA – the Swiss Arbitration Association, based in Geneva and Zurich. He is responsible for leading the Association’s operations as well as the overall development of its activities. ASA is a non-profit association with 1200 members – of whom more than 350 from outside Switzerland, all practitioners and academics engaged and/or interested in domestic and international arbitration. Alex sits as arbitrator in sports and commercial disputes and is a member of the Court of Arbitration for Sport in Lausanne. He has held a number of leadership and legal roles including as CEO of an international Olympic sport federation, general counsel of a multinational IP licensing business and advisor to the World Economic Forum.

Edoardo Marcenaro – Head of Legal Affairs, Global Thermal Generation, Enel SpA

Edoardo Marcenaro is Head of Legal Affairs for Global Thermal Generation at Italian energy utility Enel SpA. He is responsible for legal support in the negotiation and performance of EPC Contracts as well as the operations of 200 power plants spread worldwide, managing all relevant related litigation.

From 2008 to 2014 he had responsibility for the creation, integration, supervision and management of all legal departments in businesses acquired by Enel SpA, spanning all major legal and corporate matters under a wide range of jurisdictions. Prior to that from 2001 to 2008, he took care of major M&A transactions in Eastern Europe.

Before joining Enel SpA he spent 3 years as Italian Legal Director at Alstom and 5 as in-house counsel at ABB Sae Sadelmi SpA.

Edoardo is a frequent lecturer on international contracts and arbitration, M&A processes and construction projects.


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Guy Pendell – Partner, CMS

Guy Pendell is head of CMS’ UK International Arbitration practice and a solicitor advocate who regularly appears for clients in international arbitration. He sits as an arbitrator in ICC and LCIA arbitrations. His focus is complex contractual disputes for major corporates.

Guy has handled numerous disputes involving foreign legal systems and substantive laws. Guy is a member of, the LCIA, ICC, IBA and the Commercial Litigators Forum. He was appointed to the faculty teaching at the Foundation for International Arbitration Advocacy workshop in Washington DC in 2015. He has been recognized in the directories as a Leading Individual for both international arbitration and litigation. He is also listed in Who’s Who Legal – International Arbitration.

Christopher Newmark – Partner, Spenser Underhill Newmark LLP

Chris Newmark has wide experience as both an arbitrator and a mediator. He sits regularly as chairman, panel and sole arbitrator under the rules of the leading arbitral institutions and in ad hoc proceedings, and was the first emergency arbitrator to be appointed under the 2012 ICC Rules of Arbitration. He conducts his mediation practice through CEDR Chambers, one of the UK’s leading groups of mediators. He is a mediator and arbitrator panellist for Sport Resolutions UK and a member of the panel of mediators of the Lausanne-based Court of Arbitration for Sport. He is the current Chair of the ICC Commission on Arbitration and ADR, a position to which he was appointed in January 2014.

Mark C. Morril – Independent Arbitrator, MorrilADR LLC

Mark Morril is an independent arbitrator and mediator in New York City, with a focus on large, complex and international commercial matters. His experience as arbitrator includes disputes relating to mergers and acquisitions, joint ventures and partnerships, energy, construction, Internet domain names, media and entertainment, patents, copyrights and trademark licensing and emergency arbitration proceedings. A U.S. representative to the ICC Commission on Arbitration and ADR, he is a member of its Task Force on Emergency Arbitration Proceedings, and formerly of the ICC’s Consultative Task Force on the Role of Parties and Their In-House Counsel in International Arbitration. He served as General Counsel of Simon & Schuster, and as Deputy General Counsel of the global media company Viacom (whose businesses included Paramount Pictures, MTV, Nickelodeon, CBS and the discontinued industrial operations of Gulf+Western and Charter Oil amongst others).


Stephen Tester – Partner, CMS

Stephen Tester is a senior insurance partner at CMS Cameron McKenna LLP with primary responsibility for technology and cyber risk. He is a co-founder of the CMS Cyber Network, which provides 24/7 access to specialist privacy and breach response lawyers across 40 jurisdictions. As well as handling active breaches for clients Stephen worked with Aon to model and procure CMS Cameron McKenna’s own cyber coverage.

Neil Stewart – Hewlett Packard Enterprise (HPE)

Neil Stewart is Associate General Counsel – Director, Litigation Global Regions at HPE. The mission of the Litigation Global Regions group is to protect HPE's interests across the whole spectrum of significant litigation matters outside the US. They manage, monitor and accurately report on the HPE litigation portfolio for all countries across EMEA, APJ and LAC. Prior to this role, at HPE, Neil was Litigation Counsel and was responsible for managing the Litigation portfolio for UK&I (as well as some other jurisdictions). Neil was also the lead lawyer for the Affirmative Recoveries Program in the Regions.

Shanker Singham – Director of Economic Policy and Prosperity Studies; Chairman of the Special Trade Commission, The Legatum Institute

Shanker Singham leads the Legatum Institute’s Economics of Prosperity work which examines how countries can become more productive, and the role free trade—with open, competitive markets—plays in helping people of all incomes increase their prosperity. He is also Chairman of the Legatum Institute’s Special Trade Commission, which seeks to present a roadmap for the many trade negotiations the UK faces in the wake of the decision to exit the EU. Previously, Shanker was head of market access at Squire Sanders and Managing Director of the Competitiveness and Enterprise Cities project at Babson Global. Currently, he is the CEO of Competere.

David Samuels – Publisher and Editor-in-Chief, Global Arbitration Review

David has been a journalist covering various areas of legal practice since 1995. He’s been with his current publishing house, Law Business Research since 1999 and is now the publisher for three titles that he founded – Global Arbitration Review (2006), Global Investigations Review (2013) and Global Restructuring Review (2016) – and, also, LBR’s editor in chief. As publisher he directs all aspects of the title’s output, from day to day coverage to the events programme and one-off books and other projects, such as the Arbitrator Research Tool (on GAR – launching 29 March) and the upcoming Guide to Universal Citation in International Arbitration. As editor in chief his role is to set the tone for reporting and writing standards on all LBR magazines and websites. He was editor of GAR from 2006 to 2012, and of Global Competition Review from 2000 to 2006. He read law at Oxford and Cambridge.


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Cannon Place Local AreaKEY

P

T

Motorcycle parking

Meter parking

Disabled parking

Taxi rank

Public car park

Underground station

Main line station

Barclays cycle hire

Cycle racks

Bus stops

Key to Bus Stop Numbers 1 15,17,521

2 388

3 4,11,15,17,23,26,76,100,172

4 11,23,26,76,388

5 21,43,133,141

6 35,47,48,149,344

London Bridge

Practical informationConference organisation

Carsten Lueers, President, ACC Europe

John Lowe, Former President, ACC Europe

Roland Schroeder, Chair, CCIAG

Elliott Geisinger, President, ASA

Alex McLin, Executive Director, ASA

Guy Pendell, Partner, CMS

Barbara Hamilton, Head of Sector & Client Development, CMS

Where

CMS

Cannon Place, 78 Cannon Street

London EC4N 6AF




1701-0058-18

international arbitration - cms law-now/media/microsites media library/arbit… · pemex, etc....

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