Grand Hotel Wien, Kaerntener Ring 9, A – 1010 Vienna, Austria
Conference Downloads
Faculty
Co-Chairs
Grant Hanessian is a Partner in Baker & McKenzie’s New York office. He is the Co-chair of the firm’s International Arbitration Practice Group and Chair of the Litigation/Dispute Resolution Department in the New York office. Mr. Hanessian represents international and domestic companies, governmental entities and individuals in disputes concerning contract, financial services, construction, commodities, insurance and intellectual property.
Sigvard Jarvin practices international commercial arbitration from Jones Day’s Paris office. He was General Counsel to the ICC International Court of Arbitration 1982-87. Admitted to the Bars of Sweden and Paris, he comments regularly on ICC cases in Journal du Droit International. He was general editor of Stockholm International Arbitration Review 1999-2007.
Speakers/ Discussion Leaders
Alexander 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.
Stephen R. Bond is senior of counsel in Covington & Burling LLP’s London office. He specializes in international commercial arbitration and is a member of the firm’s Arbitration Practice Group. Mr. Bond’s experience includes disputes in the energy, international joint venture, construction, technology, sales and distribution fields. Formerly, a Partner with White & Case in Paris, Mr. Bond was Secretary General of the International Court of Arbitration of the ICC from 1985-1991.
Michael W. Bühler is a Partner in Jones Day’s Paris office and co-head of the firm’s International Litigation and Arbitration Practice. He focuses on international dispute resolution in complex arbitrations. He has represented major corporations and state-owned entities in more than 100 arbitrations and has acted as chairman, sole arbitrator, and party-appointed arbitrator in arbitrations worldwide. Some of the fields that Mr. Bühler conducts arbitrations in are civil construction, engineering, oil and gas projects, and distribution and license agreements in various sectors, including the chemical, pharmaceutical, food, liquor, and luxury goods industries.
William Laurence Craig is Senior Counsel in Orrick’s Paris office, and a member of the International Arbitration Group. He is a Fellow and Chartered Arbitrator of the Chartered Institute of Arbitrators, and was awarded a Trophee du Droit in 2005.
Robert Davidson is a full-time arbitrator and mediator., and the Executive Director of JAMS Arbitration Practice. He has sat in over 150 domestic and international arbitrations as sole arbitrator and as a member of tripartite panels in both institutional and ad hoc settings. The cases he has arbitrated have involved complex commercial and financial business issues, including contract actions, disputes under APA and SPA agreements, construction n, insurance and reinsurance claims, oil and gas disputes, securities, tax, real estate, intellectual property, employment disputes, and sports matters.
Teresa Giovannini is a founding partner of LALIVE specializing 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 specialization 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.
Wulf Gordian Hauser is a Partner in Hauser Partners’ Vienna office. The main areas of his practice are mergers and acquisitions, capital markets, banking and corporate finance and international commercial arbitration.
Kaj Hober is a Partner of Mannheimer Swartling in the Stockholm office, and Professor of East European Commercial Law at Uppsala University, Uppsala. He is Co-Chair of the IBA sub-committee on Investment Treaty Arbitration.
Michael Hwang SC practices as a Barrister and Arbitrator with his main focus in international arbitration. He serves as a Court member of the London Court of International Arbitration (LCIA) and a Trustee of the Dubai International Arbitration Centre (DIAC). In 2010 he was appointed Chief Justice of the Dubai International Financial Centre (DIFC) Courts. He is currently on the Advisory Boards of the Singapore International Arbitration Centre (ISAC) and the Hong Kong International Arbitration Centre (HKIAC). He is the former Chairman of the International Court of Arbitration of the International Chamber of Commerce (ICC). Asialaw Leading Lawyer’s 2010 described Mr. Hwang as one of the most highly acclaimed legal experts in the Asia Pacific region following an extensive survey of senior corporate executives, in-house counsel and private practice lawyers.
Pierre Karrer serves as an Independent Arbitrator. He is a former Partner with Pestalozzi Lachenal Patry, Zurich and Geneva (1976 to 2004) and has served as a Lecturer at the University of Zurich since 1980. Mr Karrer has served as Arbitrator in over 250 international commercial arbitrations. He is Hon. President of the ASA (Swiss Arbitration Association); a Vice President of the Stockholm Arbitration Institute; a former Vice President of the LCIA; a former Court Member of the ICC; former Chairman of the Arbitration Commission of Swiss National Committee of the ICC and a Member, Comité Français de l’Arbitrage.
Vladimir V. Khvalei is a Partner, Baker & McKenzie, Moscow office and is the Head of the firm’s CIS Dispute Resolution Practice Group. Mr. Khvalei is a Vice President of the ICC International Court of Arbitration. Mr. Khvalei has wide experience participating in international arbitration cases under the arbitration rules of ICAC, UNCITRAL, ICC, SCC and other arbitration institutions, both as a party counsel and an arbitrator
Sophie Nappert is a dual-qualified lawyer in the UK and Canada. She is an arbitrator in independent practice based in London. She is ranked in Global Arbitration Review’s Top 30 List of Female Arbitrators Worldwide. Her areas of expertise include energy and natural resources, construction, investment treaty disputes and disputes against State parties. Ms. Nappert is a member of the UNCITRAL Working Group on International Commercial Arbitration and Conciliation.
Lawrence W. Newman is Of Counsel in the New York office of Baker & McKenzie. Mr. Newman practices mainly in the area of international litigation and arbitration. He is the author and co-author of several works on international arbitration and litigation. For Cross-Exam~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.
Christopher Newmark is a Founder of Spenser Underhill Newmark and specializes in commercial dispute resolution. He regularly represents clients in large international commercial disputes, usually arising out of cross-border contracts. Mr. Newmark has received LCIA, ICC Sports Resolutions UK and CEDR appointments as arbitrator, sitting as chairman, party appointed and sole arbitrator. Prior to forming Spenser Underhill Newmark LLP, he was a partner in the Dispute Resolution Department of Baker & McKenzie, London, where he was the Chair of the firm’s European Dispute Resolution Group.
Alexander Petsche is a Partner with Baker & McKenzie/ Diwok Hermann Petsche Rechtsanwälte GmbH in Vienna. He is active in the firm’s litigation and arbitration practice group and is a Lecturer at the University of Economics in Vienna and at the Danube University in Krems.
Philippe Pinsolle is a Partner in Shearman & Sterling’s International Arbitration Group. He has acted as Counsel in more than 120 international arbitrations, with a particular focus on investor-State arbitrations and commercial disputes involving industries such as oil and gas, energy, construction and defense. Mr. Pinsolle regularly acts as chairman, sole arbitrator and party appointed arbitrator and as expert under the aegis of the ICC, LCIA, ICSID, AAA, the Stockholm chamber of Commerce, the Geneva Chamber of Commerce and Industry and the French Arbitration Association.
Nikolaus Pitkowitz is Founding Partner and Head of Dispute Resolution of Graf & Pitkowitz, Attorneys at Law in Vienna. He is a Board Member of the Vienna International Arbitral Centre (VIAC), experienced party counsel, member of several arbitral panels (including VIAC, CEE/SEE, HKIAC, SIAC), a certified mediator and co-editor of the Austrian Yearbook on International Arbitration.
Michael Polkinghorne is a Partner in White & Case’s Paris office and heads the office’s arbitration group. He has a broad range of experience in arbitration and litigation in the areas of energy, telecommunications, project finance, construction, infrastructure and defense procurement. Mr. Polkinghorne has served as counsel and arbitrator in arbitrations conducted under most major institutional rules and is the Australian member of the International court of Arbitration of the ICC, where he is a member of the ICC taskforce on arbitrations involving state entities. He has covered disputes arising in many different countries and has significant expertise in the area of foreign direct investment and acting for and against states.
Hilmar Raeschke-Kessler is a member of the exclusive bar of the German Federal Court – Bundesgerichtshof. He has acted as chairman or arbitrator in numerous international arbitrations. He also represents clients before the Bundesgerichtshof in cases related to the enforcement or setting aside of arbitral awards. He is a member of the ICC-Commission on International Arbitration, Vice President of the German branch of the International Law Association and Board Member of the German Arbitration – DIS. He has been a member of the IBA-Working Groups on the IBA Rules of Evidence and on the IBA Guidelines on Conflicts in International Arbitration. He is honorary professor at the Law School of the University of Cologne.
Catherine Rogers is a scholar of international arbitration and professional ethics. Professor Rogers is an Associate Reporter for the American Law Institute’s Restatement of the Law (Third) of International Commercial Arbitration. She has served as a member of the American Society of International Law Task Force on global legal Ethics, as an expert consultant to ARIAS-US, as a member of theCPR International Institute for Conflict Prevention and Resolution, and as a member of the Academic Council of the Institute for Transnational Arbitration. Before entering academia, Professor Rogers practiced international litigation and arbitration in New York, Hong Kong and San Francisco.
Klaus Reichert is a barrister in practice at the Dublin and London Bars (the latter through Brick Court Chambers. His work is principally concentrated on dispute resolution in the international field as arbitrator, counsel and mediator. Mr. Reichert has had in excess of 30 arbitral appointments. These have been under most of the major rules (ICC, LCIA, ICDR, UNCITRAL, DIFC-LCIA) as chair, party appointee or sole arbitrator. He has a specialized litigation practice in Dublin and London dealing principally with commercial disputes with an international focus, arbitration matters and construction. Mr. Reichert is one of the invited members of the Expert Group formed by the Hague Conference on Private International Law for its current project on principles of choice of law in international contracts.
Klaus Sachs is a Partner in CMS Hasche Sigle. He specializes in national and international arbitration and has more than 25 years of experience in proceedings as counsel or arbitrator (Chairman, Co-Arbitrator, Sole Arbitrator) in more than 150 arbitral proceedings under various rules, including DIS, ICC, LCIA, Vienna Rules, Moscow Chamber of Commerce, SCC Rules, JCAA, and ad hoc (including UNCITRAL Rules), regarding disputes in particular related to corporate law, joint ventures, mergers and acquisitions, lilcense agreements, cooperation agreements; construction of industrial plants and infrastructure projects, oil and gas. He has experience as Chairman in investment treaty disputes in 4 cases (ICSID and UNCITRAL Rules). He is the Vice President of the International Court of Arbitration (ICC).
Franz T. Schwarz is a Partner in Wilmer Hale’s Litigation/Controvery Department, and a vice chair of the International arbitration Practice Group. Mr. Schwarz’s practice focuses on complex multi-jurisdictional disputes. He has extensive experience with arbitral practice, procedure and advocacy both in civil and common law systems. Mr. Schwarz has represented clients in numerous ad-hoc arbitrations and before all major arbitral institutions (including ICC, LCIA, Vienna and Stockholm), at multiple seats and governed by a broad variety of substantive and procedural laws. He has a particular focus on joint venture, mergers and acquisitions, financial services, project finance, as well as commercial and corporate disputes.
Schedule
8:30 – 9:00 Registration
Coffee and tea upon arrival
9:00 – 10:30 Working Session 1
Effective Presentation of Evidence – Including Witness Statements and Cross-Examination
Sophie Nappert-Discussion Leader; Vladimir Khvalei, W. Laurence Craig, Wulf Hauser, Michael Polkinghorne, Kaj Hober
- Different presentation styles in various legal systems: emphasis or oral or written evidence; is there a predominating style of taking evidence in international arbitration, i.e., have we arrived at a Lex naturalis arbitri void of cultural differences?
- Are Powerpoints good advocacy?
- Presentation of evidence by videoconference. Is this the future?
- Is it always necessary to have an oral hearing?
- Who controls the length of a hearing? Should arbitrators impose their views or defer to the parties?
- Are there too many witnesses, too many documents – is advocacy lost among the detail?
- Are post-hearing briefs disappearing from the scene? Their strengths and weaknesses.
- Should there be page limits to written submissions
10:30 – 11:00 Coffee / Tea Break
11:00 – 12:30 Working Session 2
Ethics and Behavior
Catherine Rodgers-Discussion Leader; Michael Buehler, Robert Davidson, Franz Schwarz, Klaus Reichert, Alexander Belohlavek
- Applicable ethical codes, for arbitrator and attorneys
- Independence and impartiality of arbitrators; standards of impartiality
- Arbitrators’ duty to disclose
- Arbitrators’ duty to investigate whether there are conflicts
- Preparation of witnesses; where goes the borderline to abuse?
- Do attorneys’ request for discovery have ulterior motives, e.g. to get access to business secrets, marketing methods, know-how or other information useful to his client but not necessary for the case?
- Remedies
- Ethical issues versus cultural differences, have we arrived at a global standard
12:30 – 14:00 Networking Luncheon
14:00 – 15:30 Working Session 3
Expert Witness
Lawrence W. Newman-Discussion Leader; Alexander Petsche, Klaus Sachs, Nikolas Pitkowitz, Phillipe Pinsolle, Christopher Newmark
- Is it efficient for a tribunal to appoint experts? When should the tribunal appoint an expert?
- The parties’ role in the tribunal’s appointment of an expert
- What access should the parties have to the tribunal expert while he or she formulates his or her report
- Should the tribunal-appointed expert always appear at a hearing and be subjected to questions about his or her conclusions
- What makes an effective party-appointed expert?
- Are there certain common characteristics of ineffective experts?
- Is witness conferencing effective? Are there particular circumstances when it is most appropriate? Inappropriate?
15:30 – 16:00 Coffee / Tea Break
16:00 – 17:30 Working Session 4
Effective and Efficient Management of Proceedings
Stephen Bond-Discussion Leader; Teresa Giovannini, Michael Hwang, Hilmar Raeschke-Kessler, George Bermann, Pierre Karrer
- Whose arbitration is it anyway: the extent of control the parties can expect to have over the way in which arbitrations are conducted; is it ever appropriate for arbitrators to impose their views regarding extent of discovery and time allowed for cross-examination?
- Disconnects between the approaches parties and their lawyers may assume will be taken to the management of proceedings, whether arising from cultural differences or from idiosyncratic approaches taken by some arbitrators
- Expectations and realities as to time and cost; best practices for reducing time and costs
- How do arbitrators encourage parties to comply with the procedural directions? Using costs as a weapon?
- When a witness testifies in his own language but clearly is comfortable in the language of the arbitration – should the tribunal direct the witness to use that language in order to speed up the proceedings and avoid unfair advantages?
- When the arbitrators are too busy; has the new order introduced by the ICC, that arbitrators must indicate availability before accepting an appointment, achieved its purpose of speeding up the arbitrations?
- When is it justified to reopen the proceedings after they have been closed?
17:30 – 19:00 Drinks Reception
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)
This course has been approved by the Supreme Court of Ohio Commission on Continuing Legal Education for 6.00 total CLE hour(s) instruction.
Accommodations
Grand Hotel Wien
Rooms have been blocked for the nights of 31 March 2012 through 3 April 2012 at the Grand Hotel Wien, Kaerntener Ring 9, A – 1010 Wien at a rate of €255,00 through €315,00 per night (depending on room type) that includes all applicable taxes and fees.
Rooms have been blocked for the nights of 1 April 2012 through 2 April 2012 at The Ring, Kärntner Ring 8, A-1010 Wien at a rate of €275,00 through €315,00 per night (depending on room type) that includes all applicable taxes and fees.
Reservations must be received by 31 January 2012 to receive the preferred conference rate. After 31 January 2012 rooms can be booked at conference rates based upon hotel availability. All arrangements are between the registrant and the hotel.
Hotel Contact Information:
Margit Chaloupka, Banquet & Conference Manager
Grand Hotel Wien, Kaerntener Ring 9, A – 1010 Vienna, Austria
Tel: +43 1 515 80 1820 Fax: +43 1 515 1314
Hotel Registration Form: Hotel Reservation Form 
Email: mchaloupka@jjwhotels.com
Web: www.grandhotelwien.com
