The Harvard Club, 35 West 44th St., New York, NY 10036
Conference Downloads
Program
This conference will bring together a group of some of the best known and experienced practitioners in the field of international arbitration, both advocates and arbitrators, to discuss, and then demonstrate, how to cross-examine witnesses in an international arbitration. The program will make it clear that not all international arbitrations are the same.
Guidelines, tactics, techniques, ideas and advice to be followed or at least considered in conducting Cross-Examination will be Discussed, Analyzed and Demonstrated, such as:
- Fundamentals of Cross-Examination
- Cross-examination before International Tribunals
- An International Arbitrator’s View of the Effectiveness of Cross-Examination
- Cross-Examination under Tight Time Limits
- Cross-Examination before Civil Law Arbitrators
- Preparing for Cross-Examination without Discovery
- Witness Preparation and the Conduct of International Arbitrations
- Written Witness Statements and Live Witnesses – When Paper comes to Life
- When Civil Law and Common Law Procedure Meet
- Learn How to Influence and Persuade Arbitrators – What Works, What Doesn’t
- Leading Arbitrators from Civil Law Jurisdictions Offer Insight and Commentary on Cross Examination Techniques
- And More!
For the newer entrant to international arbitration, the conference will be a source of learning, for the experienced, it will server as a refresher of advocacy skills. Anyone who attends this conference will benefit in better understanding and appreciating the nuances and process of successful Cross Examination in International Arbitration. It will serve to make everyone attending a more effective cross-examiner, regardless of prior experience.
Schedule
9:00 – 9:15 Welcome and Introduction: Lawrence W. Newman
9:15 – 9:45 Basic principles of cross-examination: Ben Sheppard
9:45 – 10:15 Cross-examination before international tribunals: Mark Beckett
10:15 – 10:45 Effective cross-examination from the viewpoint of the International arbitrator: George Bermann
10:45 – 11:00 Coffee/Tea Break
11:00 – 12:45 -Panel Discussion of cross-examination issues in international arbitration: led by Lawrence W. Newman and Ben Sheppard; Panel members: Mark Beckett, George Bermann, Dominique Brown-Berset, Teresa Giovannini, Alexander Belohlavek, Howard Zelbo and Robert Wisner
12:45 – 2:00 Luncheon
2:00 – 2:15 Introduction of scenario and of Tribunal (Alexander Belohlavek, Dominique Brown-Berset and Teresa Giovannini) and direct examination of Sandra Monteiro (played by Helena Erickson): Lawrence W. Newman and Ben Sheppard
2:15 – 3:00 Cross-examination of Sandra Monteiro: Klaus Reichert
3:00 – 3:15 Coffee/Tea Break
3:15 – 4:00 Direct examination (by Ben Sheppard) and cross-examination of Owen Grandquest (played by Peter Phillips): Laurence Shore
4:00 -5:00 Comments and observations by the Tribunal, the members of the Panel, the cross-examiners, the witnesses and members of the audience
5:00 – 6:00 Cocktail reception
Co-Chairs
Lawrence W. Newman conceived the idea of the book upon which the conference is based. Mr. Newman received his initial courtroom experience in his five years as an Assistant United States Attorney in the Office in the United States Attorney for the Southern District of New York, after which he joined the litigation department of the New York office of Baker & McKenzie. That department, under his direction, focused on international litigation and arbitration and became the leading law office in the world (in terms of number of cases) in the representation of claimants against Iran in arbitration at the Iran-United States Claims Tribunal in The Hague. Mr. Newman has represented claimants and respondents in commercial and investment arbitration proceedings in the United States, Europe and Latin America. He also sits as an arbitrator in cases involving international matters.
Ben H. Sheppard, Jr. is a Distinguished Lecturer and Director of the A.A. White Dispute Resolution Center at the University of Houston Law Center. From 1969 through 2005 he practiced at Vinson & Elkins L.L.P. where he was a Partner and Co-Chair of the firm’s international dispute resolution practice. His practice focused on litigation and arbitration, both as counsel and as arbitrator. He has served in international and domestic arbitrations as sole arbitrator, tribunal chair, party-appointed arbitrator and on tripartite tribunals selected from institutional rosters. He was chair of AAA/ICDR task force that promulgated the 2006 amendment to the ICDR International Arbitration Rules establishing a pre-arbitral emergency arbitrator procedure. He is a member of the Chartered Institute of Arbitrators and the London Court of International Arbitration.
Faculty
Mark Beckett is Co-Chair of the Latham & Watkins’ International Litigation and Arbitration practice and has broad experience in the resolution of complex international disputes through arbitration, litigation, mediation and negotiation. He has significant experience in project construction disputes, disputes arising under long-term purchase agreements, complex commercial, acquisition and joint venture disputes, and disputes involving demand guarantees, corporate guarantees and state undertakings. Mr. Beckett is also experienced in disputes involving the expropriation of assets by sovereigns giving rise to state responsibility under international law and has represented clients claiming coverage under political risk insurance policies issued by government entities and private underwriters. He also advises clients on issues of contract drafting, interpretation and enforcement.
Alexander J. Bělohlávek is Founder and Senior Partner of The Bělohlávek Law Offices, Prague. He is a Member of the International Court of Arbitration at the International Chamber of Commerce (ICC) in Paris as well as Member of the ICC Commission on International Arbitration and a Member of the National Committee of the ICC in the Czech Republic. He has acted as arbitrator or counsel in more than 170 international arbitrations and is listed as arbitrator with the international arbitral centers of several economic chambers in Central Europe. He has published numerous books and articles on arbitration and business law.
George Bermann is the Chief Reporter of the American Law Institute’s Restatement of the U.S. Law of Commercial Arbitration. He is a member of the Academic Council of the Institute for Transnational Arbitration (ITA) and director of the AAA and member of the AAA’s panel of ICDR arbitrators. In addition, he is the Jean Monnet Professor of EU Law, Walter Gelhorn Professor of Law and Director of European Legal Studies at Columbia Law School.
Dominique Brown-Berset is a Founding Partner of Brown&Page, working out the firm’s Geneva office and specializing in dispute resolution and public international law. She has been acting as Counsel, Co-Counsel and Arbitrator in over 165 international arbitration cases around the world. Ms. Brown-Berset is former Chair of the Arbitration Committee of the International Bar Association (IBA) and former International Vice President of the Chartered Institute of Arbitrators.
Helena Tavares Erickson is the Senior Vice President and Secretary for the International Institute for Conflict Prevention & Resolution (CPR Institute). Under her direction, CPR released a new generation of books on conflict resolution topics. Ms. Erickson is responsible for creating and convening a number of CPR-membership-based committees charged with designing industry or practice-focused ADR protocols, rules and other products and for overseeing CPR’s Awards Program. She serves as CPR’s Challenge Review Officer and oversees the Dispute Resolution Services and Panels departments in administering complex matters. Prior to joining CPR in 2004, Ms. Ericson practiced for more than seventeen years with the litigation and arbitration groups of Dewey Ballantine and White & Case.
Teresa Giovannini is a founding partner of LALIVE (1994) specialising in international arbitration and litigation, as well as art law. She has acted as counsel and arbitrator in more than 130 international arbitrations, either ad hoc or administered by various institutions (AAA/ICDR, CCIG, ICC, ICHEIC, ICSID, LCIA, Chamber of Commerce of Milan, Chamber of Commerce of Venice). Her areas of specialisation include disputes relating to procurement contracts, license, agency, joint venture and shareholder agreements in a wide range of sectors, in particular infrastructure projects, aviation, transfer of technology, construction of turnkey factories, pharmaceuticals, luxury goods and arts.
F. Peter Phillips is a commercial arbitrator and mediator with substantial experience in resolving commercial disputes and providing consultation on the management of business disputes to companies around the globe. He mediated or arbitrated more than 80 matters since March 2009. Mr. Phillips served for nearly ten years as Senior Vice President of the International Institute for Conflict Prevention and Resolution (CPR Institute). During that time, he earned a reputation as an author, teacher, industry liaison, and systems designer for the avoidance, management and resolution of complex and sophisticated business conflicts. He is listed with the AAA, CPR Institute, the Chartered Institute of Arbitrators, the New Jersey Administrative Office of the Courts, the U.S. Bankruptcy Court for the Eastern District of New York, FINRA, and other arbitration and mediation bodies.
Klaus Reichert is a Senior Counsel at the Irish Bar. He has served as arbitrator and counsel in over one hundred international cases in many jurisdictions under the LCIA, ICC, ICDR, UNCITRAL, LCIA-DIFC, ICSID and other rules in investment treaty and commercial matters. He is a member of several international bodies including the ITA Board of Reporters, the ILA International Arbitration Committee and the LCIA European Users’ Council. He served as co-chair of the IBA Litigation Committee in 2008-2009 and is currently participating in the Experts’ Group for the Hague Conference on Private International Law project for the development of principles for choice of law in international contracts. He was a member of the Experts’ Group appointed by the European Commission in 2010 to assist with the revisions to the Brussels Regulation vis a vis arbitration. He has acted counsel before the Irish Courts on numerous cases concerning complex commercial and private international law issues since 1992. He has also appeared in the English Courts in relation to one of the landmark cases on the New York Convention, Dallah v Pakistan. He was the chair of the Host Committee for ICCA 2008 in Dublin marking the exact 50th Anniversary of the New York Convention.
Laurence Shore is a Partner with Gibson, Dunn & Crutcher LLP in New York. He is a visiting professor in the School of International Arbitration, Queen Mary, University of London. Mr. Shore has been the lead advocate in a number of arbitration cases under the LCIA, ICC, ICDR, UNCITRAL, SMA (Society of Maritime Arbitrators), and Swiss Chambers Rules. He has also sat as an arbitrator in ICC, LCIA and ICDR cases. He is a member of the New York, Washington, D.C. and Virginia bars and is a solicitor of the Supreme Court of England and Wales. Prior to joining Gibson Dunn, Mr. Shore worked in the London office of Herbert Smith. He also worked as an attorney adviser in the Office of the Legal Adviser for the U.S. State Department.
Robert Wisner is a Partner in the Litigation group of McMillan in Toronto. His practice focuses on international commercial arbitration, cross-border litigation, investment treaty arbitration and international trade. Mr. Wisner has argued cases involving businesses and governments from around the world before international arbitral tribunals established under international commercial contracts, bilateral investment treaties and trade agreement. His international trade and competition law experience has included representing clients before federal government departments and agencies. He has served as Counsel in ICSID, UNCITRAL and NAFTA investment treaty arbitrations against states in North and South America, Eastern Europe and Central Asia. Mr. Wisner has also served as Counsel in ICC, SCC, CIETAC, KLRAC and MNAC commercial arbitration and related litigation involving parties in Canada, Western Europe, Asia and Africa.
Howard S. Zelbo is a Partner in the New York office of Cleary Gottlieb Steen & Hamilton. Mr. Zelbo’s practice focuses on international and domestic arbitration, as well as securities and general commercial litigation. He has extensive experience as lead attorney in numerous arbitrations and has represented banking and other financial institutions in commercial disputes. Mr. Zelbo has represented both bidders and targets in several takeover litigations. He is the former Chairman of the Securities Litigation Committee of the New York State Bar and is currently a member of the Executive Committee of the Commercial Litigation Section.
Registration
Regular Fee (after 16 May 2011)
$750.00 USD
$475.00 USD for full-time academics, government employees, and in-house counsel.
Special Student Rate: For full-time students with current ID only contact Juris Conferences at events@jurisconferences.com for current student rate.
Financial Aid: Our Financial Aid policy can be found here.
Fee includes: Written course materials includes a copy of Take the Witness: Cross-Examination in International Arbitration (Lawrence W. Newman & Ben H. Sheppard, Jr., editors, a $125.00 value), refreshments at breaks, luncheon and a drinks reception following the program. The fee does not include accommodations.
Cancellations: 50% of the Symposium fee will be refunded for any cancellation received in writing by Juris Conferences LLC prior to Friday, 27 May 2011. No refund can be made for cancellations received after this date. You are welcome to send a substitute at any time. Please notify us if you plan to send a substitute since updated registration materials will be required.
Continuing Legal Education Credit
Earn 7 hours NYS CLE credit hours (transitional and non-transitional) in the Areas of Professional Practice. (see our website sp2018fvxafwx.wpengine.com for full information)
Accommodations
Mansfield Hotel, 12 West 44th Street, New York, NY 10036
Rooms have been blocked for the nights of 13 June and 14 June, 2011 at The Mansfield Hotel at a special conference rate of $209.00 USD for A Chambre Queen room. All New York City and State tax plus $3.50 occupancy per room per night are additional. Reservations must be received by 12 May 2011 to receive the preferred conference rate. After 12 May 2011 rooms can be booked at conference rates based upon availability. All arrangements are between the registrant and the hotel.
Please mention JURIS CONFERENCES when making your reservation.
Hotel Reservations Telephone: 1-800-255-5167
