Monday November 18, 2013
The Mayflower Renaissance Hotel in Washington, D.C.
1127 Connecticut Avenue, NW
Washington, D.C. 20036
Tel: 202 347 3000 or 1-800-228-7697 Fax: 202 776-9182
Rooms available Sunday, November 17 and Monday, November 18 for $269/night plus applicable state and local taxes.
Conference Downloads
Program Information
Damages in International Arbitration – from Case Filing to Arbitral Award
The objective of international arbitration is generally to obtain – or avoid – the payment of compensation. Yet despite being the “end game” for most arbitral actions, we often see damages treated almost as an afterthought. By the time experts are engaged, the parties may have hardened their positions to the point where there is no real alternative to proceeding on to a hearing.
This seminar will explore how attention to damages issues may be fruitful, and how clients and counsel can make the best use of their damages experts, from the initial evaluation of the case, through the development of the case and, ultimately, in the merits hearing. Some of the issues to be addressed will be:
- Is a client better served by a reasonable up-front quantum evaluation, or by a best case, “home run” value? And if a client insists on the latter, is there a duty to meet that expectation, or to resist it? How does that early view affect the selection of an expert?
- Do experts generally try to put up as large (or small) a number as they can when being asked for an opinion on case value, or do they try to manage client expectations more conservatively?
- As the case is developed, is the experience generally one of the parties’ positions converging or diverging? If positions are moving apart at this stage, is that a good thing or a bad thing?
- To what degree is the search for the facts truly a search for the facts, or is it simply a search for the facts that support the client’s desired outcome? Does that view differ depending on whether you are asking counsel or the expert?
- What, if any, role does the tribunal play in helping the parties to narrow the scope of the damages issues that are in dispute as the case progresses? What are the pluses and minuses of the tribunal being proactive in this regard?
- How do experts balance their perceived duty to their client with their duty to serve the tribunal?
- How can parties and counsel avoid having the experts being “two ships passing in the night,” where claimant’s expert says the claim is worth an astronomical amount, while the respondent’s expert is sure the claim should fail? Is any of that really helpful to the tribunal? Are there ways to converge toward a middle ground?
- What is most helpful to the tribunal in evaluating damages and reaching a reasoned, enforceable award? Are there particular techniques that have proven useful?
Finally, we will have a roundtable session to address best practices, lessons learned, and the things that irk practitioners, clients, experts and arbitrators most about damages, damages experts, and quantum issues in general. Audience questions – both pre-submitted and from the floor – will be encouraged.
Registration
*Discounts are available to full-time academics, government employees, and in-house counsel.
Co-Chairs
Richard E. (Rory) Walck is a Partner and Co-founder of Global Financial Analytics LLC. He has provided expert services on damages and valuation issues in arbitration and litigation for thirty-five years. Mr. Walck holds multiple credentials in accounting, finance and valuation and is listed as one of the top experts in Who’s Who Legal.
Sabine Konrad is a Partner in McDermott Will & Emery’s Frankfurt office. She focuses her practice on international dispute resolution, with an emphasis on commercial international arbitration and public international law. Ms. Konrad advises investors and governments in matters of investment protection. She has experience representing clients in a broad range of industries, including energy and infrastructure and also acts as arbitrator in investment treaty arbitration and international commercial arbitration cases.
Faculty
Roberto J. Aguirre Luzi is a Partner in the international arbitration practice of King & Spalding’s Houston office. Mr. Aguirre Luzi’s practice focuses on international arbitration with an emphasis on international public law. The scope of his practice includes counseling multinational corporations on complex arbitration before the World Bank Group’s International Centre for Settlement of Investment Disputes (ICSID) and UNCITRAL, as well as commercial arbitration under the AAA and ICC rules. He also has extensive experience in administrative law, government contracts, oil and gas contracts, public utilities, and power and infrastructure projects.
Alden L. Atkins is a partner in Vinson & Elkin’s Washington, D.C. office. His principal area of practice is complex commercial litigation, with particular emphasis on antitrust, class actions, contractual disputes, false claims act/qui tam and international litigation and arbitration. Many of his cases have involved highly complex technical matters in the computer, communications, energy, and polymer industries. His legal career has run the gamut from orchestrating multifaceted, multi-jurisdictional, multi-national litigation cases to working on high-profile cases like the Whitewater investigation, merger challenges, high-stakes commercial disputes, and major international disputes.
James H. Carter is a Senior Counsel in WilmerHales’ International Arbitration Practice Group in New York. He has more than 40 years of experience as arbitrator or counsel in more than 100 arbitration cases involving joint ventures, international trade and investment disputes. Mr. Carter has particular experience in joint venture, investor-state, mergers and acquisitions, investment banking and other financial services, project finance and energy. He has chaired or served as arbitrator in recent cases involving a dispute between Asian investors and an Asian government concerning development of electric power plants; a dispute between U.S. and Swiss companies arising from a metals tolling agreement; an arbitration in Australia between Maltese and Singaporean companies involving offshore oil production, to mention a few.
J. Brian Casey is a founding member of Bay Street Chambers, an arbitration boutique. He is a former Principal of Baker & McKenzie International and a former chair of the Firm’s North American Litigation Practice group. His particular areas of practice include: International commercial and financial disputes, licensing and distribution agreements, trade and investment disputes, intellectual property, information technology and software arbitrations, insurance and reinsurance claims and shareholder and securities disputes. Mr. Casey has been retained as arbitrator, chairman of the tribunal, or as counsel in numerous commercial arbitrations both ad hoc and institutional under the auspices of the LCIA, ICC, and the AAA/ICDR.
Leonardo Giacchino of Solutions Economics provides economic and financial analyses and advisory services in regulatory and litigation matters. Over the course of more than 20 years, he has worked in more than 30 countries on more than 100 projects that have addressed economic and regulatory issues for U.S. and international businesses, investors, governments, and organizations. He has helped negotiate tariff adjustments and regulatory reform with politicians and regulators; provided opinions on contract disputes; performed demand, tariff pricing and cost studies; calculated damages and compensation estimates; developed business plans for new regulatory agencies in several countries; conducted due diligence and feasibility studies for power plants, utilities, and pipelines; and developed network models for the energy industry.
Grant Hanessian is a Partner in Baker & McKenzie’s New York office and the co-chair of the firm’s International Arbitration Group. Mr. Hanessian has more than 25 years of experience as counsel and arbitrator in disputes concerning contract, investment treaty, energy, construction, commodities, financial service, insurance, intellectual property and other matters. He is vice chairman of the Arbitration committee of the U.S. Council for International business (USCIB), the U.S. national committee of the International Chamber of Commerce (ICC), and a member of the ICC’s Commission on Arbitration and its Task force on Arbitration Involving States or State Entities, the American Arbitration Association-International Centre for Dispute Resolution’s International Advisory Committee and Advisory Committee on Brazil and is a founding board member of the New York International Arbitration Center
Miriam K. Harwood is a Partner in the International Arbitration group of Curtis, Mallet-Prevost, Colt & Mosle’s New York office. Her practice focuses on international commercial arbitration, particularly as counsel for foreign states, state-owned entities and governmental agencies. She has acted as counsel in arbitrations conducted in the United States and abroad, and has appeared in proceedings before the ICC International court of Arbitration and the International Centre for Settlement of Investment Disputes (ICSID).
Irmgard Marboe is Associate Professor of International Law at the Depart of European, International and Comparative Law, Section for Public International Law and International Relations, at the Faculty of Law of the University of Vienna. She has focused on international law, particularly on international investment law. An abridged version of her post-doctoral thesis with the focus on investment law was published by Oxford University Press in 2009, entitled Calculation of Compensation and Damages in International Investment Law. As associate editor of the online journal Transnational Dispute Management (TDM), she edited a special issue on “Compensation and Damages in International Investment Arbitration”.
Craig Miles is Partner in King & Spalding’s International Arbitration Group, residing in the Houston office. He was recently named to Global Arbitration Review’s “45 Under 45”. His practice focuses on representing foreign investors in disputes with host governments, primarily before the World Bank’s International Centre for Settlement of Investment Disputes (ICSID), and private parties in commercial disputes before the International Chamber of Commerce (ICC), the American Arbitration Association (AAA), and other domestic and international arbitral institutions.
Timothy G. Nelson is a Partner in Skadden, Arps, Slate, Meagher & Flom’s New York office. He represents clients in a variety of disputes involving cross-border and international law issues, including arbitration before such international bodies as the American Arbitration Association/International Centre for Dispute Resolution, the International Chamber of Commerce and the International Centre for Settlement of Investment Disputes. His arbitration experience includes disputes involving contracts, international trusts, partnerships (limited and general) and corporate law.
Michael D. Nolan is a Partner in Milbank, Tweed, Hadley and McCloy’s Washington, D.C. office and a member of the firm’s Litigation & Arbitration Group. Mr. Nolan’s practice has a particular focus on international arbitration and transnational litigation. He has served as counsel or arbitrator in cases under AAA, ICC, ICSID, UNCITRAL and other rules. His arbitrations have involved electricity, gas, transportation and mining concessions; joint-venture agreements, satellite and other insurance coverage; construction; and energy distribution.
Joseph Profaizer is a Partner at Paul Hastings’ Washington, D.C. office. He maintains a litigation and arbitration practice that focuses on complex international disputes. Mr. Profaizer represents public and private corporations as well as foreign sovereigns and their instrumentalities in a wide range of complex multi-jurisdictional disputes, including insurance, investment, commercial, construction, energy, employment, e-commerce, pharmaceutical, securities, and technology disputes. He has successfullyrepresented clients in more than 50 arbitrations under the rules of the ICC, the AAA/ICDR, the LCIA, JAMS and UNCITRAL.
Sirshar Qureshi is the forensic services leader for PricewaterhouseCoopers in central and Eastern Europe, Russia and CIS. He specializes in forensic services for more than 16 years and his experience covers many aspects of accounting and financial matters, including loss of profits claims, construction claims, claims arising following acquisitions and sales of business, insurance claims, fraud prevention, integrity due diligence and financial investigation.
Geoffrey Senogles is a Vice-President of Charles River Associates. He is a chartered accountant and heads the team of forensic accountants based in CRA’s Geneva and London offices. Mr. Senogles focuses on investigative accounting and the measurement of financial losses; specializing in international arbitration disputes (treaty and commercial), loss of profits, sports, business valuations, royalty audits, financial investigations and oversight. He has worked on assignments across Europe, the Middle East, Africa, and North America – including three years on staff at the United Nations Compensation Commission in Switzerland.
Greig Taylor is a managing director in FTI Consulting’s Economic and Financial Consulting Group, and is a member of the firm’s International Arbitration practice, based in New York. His practice specializes in the assessment of damages and related quantum issues, and the provision of expert testimony, in the context of international disputes. Mr. Taylor has worked on numerous international arbitration matters under various institutions including ICC, ICSID, DIAC, SCC and the Zurich chamber of Commerce.
Jacomijn van Haersolte-van Hof is the Principal of the boutique firm HaersolteHof located in The Hague. She acts as counsel and arbitrator in international and national proceedings. Ms. Van Haersolte-van Hof is experienced in injunction proceedings, particularly in connection with and in support of arbitral proceedings as well as attachment proceedings. She has particular experience in cases involving states and assets belonging to foreign states, where international and diplomatic immunities play an important role. In addition, she is highly experience in setting aside proceedings of arbitral awards, and enforcement proceedings of foreign awards and judgments.
Larry C. Work-Dembowski is an associate in Cleary Gottlieb Steen & Hamilton’s Washington, D.C. office. His practice focuses on international arbitration and litigation. He represents sovereign as well as private clients in a diverse range of matters, including international arbitration under the auspices of the ICC, UNCITRAL and the Austrian Federal Economic Chamber. Mr. Work-Dembowski’s arbitration and litigation experience includes matters involving bilateral investment treaties, United States antitrust and securities laws, as well as a variety of civil causes of action.
James G. Zack, Jr. is Executive Director of Navigant’s Construction Forum. The Forum strives to be the construction industry’s premier resource for thought leadership and best practices on avoidance and resolution of construction project disputes globally. Mr. Zack is an expert in mitigation, analysis and resolution, or defense of construction disputes. He has been involved in more than 5,000 claims, both public and private, and has been designated as an expert witness in mediation, arbitration and litigation.
Schedule
9:00 – 9:15 Introduction by co-Chairs
Sabine Konrad
Rory Walck
9:15 – 10:45 Perspectives on Valuing a Case
Michael Nolan, Moderator
Larry Work-Dembowski
Joseph Profaizer
Geoffrey Senogles
a. Clients
b. Lawyers
c. Experts
10:45 – 11:00 Coffee/Tea Break
11:00 – 12:30 Perspectives on Damages Claims
Irmgard Marboe, Moderator
Leonardo Giacchino
James Zack
Greig Taylor
Craig Miles
a. Overview
b. Commercial contract disputes
c. IP
d. Investment
12:30 – 2:00 Lunch
2:00 – 3:15 Perspectives on Advocacy
Alden Atkins, Moderator
Grant Hanessian
Miriam Harwood
Timothy Nelson
Sirshar Qureshi
a. Pleadings
b. Party/Party (negotiations)
c. Hearing
3:15 – 3:30 Coffee/Tea Break
3:30 – 4:30 Perspectives of the Tribunal
Jackie van Haersolte van Hof, Moderator
James Carter
Brian Casey
4:30 – 5:00 Roundtable Discussion/Open Forum
Roberto Aguirre Luzi
5:00 – 6:00 Cocktail Reception
Sabine Konrad
Rory Walck
Accomodations
The Mayflower Renaissance Hotel in Washington, D.C.
1127 Connecticut Avenue, NW
Washington, D.C. 20036
Tel: (202) 347-3000 or 1-800-228-7697; Fax: (202) 776-9182
Rooms have been blocked for Sunday, November 17 and Monday, November 18 for $269/night plus applicable state and local taxes. Reservations can be made via telephone at (202) 347-3000 or 1-800-228-7697 or on the web when you Click Here. Those wishing to make reservations should mention they are with the Juris Conferences group.
