Third Annual Damages in International Arbitration Conference – October 6, 2014

Third Annual Damages in International Arbitration Conference – to be held at The University Club, NYC – October 6, 2014

Registration

Online Registration is closed. If you would like to attend this conference please go to The University Club and register in person.

*Reduced rate available for full-time academics, full-time government employees, and full-time in-house corporate counsel ONLY.

Co-chairs

John Y. Gotanda is the Dean of Villanova University School of Law.  Dean Gotanda’s scholarly interests focus on damages in international law and international commercial arbitration.  His scholarly writings have been cited by courts, tribunals and commentators, including most recently by U.S. Supreme Court, U.S. Courts of Appeals for the Second, Seventh,  Ninth and Eleventh Circuits, U.S. District Courts in Illinois, Louisiana and the District of Columbia, the Supreme Courts of Iowa and Texas, the California Courts of Appeal, and arbitral panels deciding transnational contract disputes and investment tribunals deciding cases under the rules of the International Centre for Settlement of Investments Disputes.

Loukas Mistelis is a member of the Centre for Commercial Law Studies where he is Director of the School of International Arbitration and the Clive M. Schmitthoff Professor of Transnational Commercial Law and Arbitration.  He is an acknowledged authority on international dispute resolution.  His arbitration experience covers ICC, ICSID, LCIA, UNCITRAL, SCC, Swiss Chambers and Moscow cases.  Subject matters in the arbitrations he has participated in include foreign direct investment, sales contracts, distribution agreements, mining, media contracts and administration of natural resources, oil and gas transactions.

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.

Schedule

8:00 – 9:00                           Registration

9:00 – 9:15                            Introduction by co-chair
                                                 Professor Loukas Mistelis

9:15 – 9:45                           Keynote Speech

9:45 -11:15                          Panel 1: Counsel Perspective: What is good evidence, and what is necessary to meet the burden of proof

Grant Hanessian, Moderator
Alexander Bĕlohlávek
Miriam Harwood
Timothy Nelson
Elitza K. Popova-Talty

  • What constitutes “best evidence?”
  • Is there a hierarchy of best to worst evidence?
  • What characteristics make something “best evidence?”
  • How much evidence is needed to sustain the burden of proof?

11:15 -11:45                        Coffee/Tea Break

11:45 – 13:15                      Panel 2: Expert Perspective: Application to Private/Investment Claims, and what is necessary to support an opinion of damages

Victor Goldberg, Moderator
Ermelinda Beqiraj
Laura Hardin
Wayne Wilson
Larry Work-Dembowski

    • Contract Claims, e.g. lost profits
    • Shareholder Suits (or M&A or Post Acquisition Disputes)
    • Intellectual Property Claims, e.g. sorting out lost profits vs. reasonable royalty, other types of damages (convoyed sales)
    • Tort Claims, e.g. intentional interference with contractual relationships, theft of customer list or other trade secrets

13:15 – 14:15                      Networking Luncheon

14:15 – 15:45                      Panel 3: Arbitrators Perspective: The Conundrum: Quantification of Damages, and what is reasonably viewed as proven versus speculative

Laurence Shore, Moderator
José Alberro
Thomas D. Halket
Ian Laird
Klaus Reichert
George Ruttinger

    • Expropriation Claims – valuation methods (DCF, PNAV, etc.), reconciling divergent results, adjusting for future investments, (e.g., in a concession) that will not be made, lawful v. unlawful (is there in fact a difference? Should there be?)
    • Claims for less than full value – discrimination, fair and equitable treatment

15:45 – 16:15                      Coffee/Tea Break

16:15 – 17:30                      Panel 4: Collective Perspectives

Franco Ferrari, Moderator
Alexandre de Gramont
David Herlihy

Craig Miles
Victoria R. Orlowski
Herfried Woess

    • Establishing the level of proof needed to support an opinion
    • How far out on a limb can the expert reasonably go in setting out client’s claims?
    • Reconciling institutional rules for experts versus professional standards

17:30 – 18:30                      Cocktail Reception

Faculty Members:

José Alberro’s expertise focuses on economic, financial, and econometric modeling in four areas: antitrust and competition issues, network industries, economic impact analysis, and valuation of damages. Dr. Alberro has been an arbitrator at the World Bank’s International Centre for Settlement of Investment Disputes (ICSID) and the American Arbitration Association (AAA). Dr. Alberro holds a Ph.D. in Economics from the University of Chicago and taught economics at universities in the United States, Mexico, and the United Kingdom for 15 years.

Alexander J. Bĕlohlávek is Founder and Senior partner of the Bĕlohlávek Law Office in Prague.  He has acted as arbitrator or counsel in more than 170 international arbitrations and is a Member of the International Court of Arbitration at the ICC in Paris as well as a member of the ICC Commission on international arbitration and Member of the National Committee of the ICC in the Czech Republic.

Ermelinda Beqiraj is a Partner in PricewaterhouseCooper’s London office.  Her specialty is forensic services disputes.  Ms. Beqiraj advises clients and their legal advisors in disputes arising from breaches of contract, transactions (including breach of warranty claims) and investment treaties, in a range of sectors including: energy, mining, telecoms, financial services, construction, transport, healthcare and consumer products. She has a particular focus on disputes arising in emerging markets, particularly Central & Eastern Europe.

Alexandre de Gramont is a litigation Partner and a member of Weil, Gotshal & Manges international arbitration practice in the firm’s Washington, D.C. office.  He has represented clients in a wide variety of international arbitration matters.  In addition to commercial arbitration expertise, he has extensive experience in handling investor-state arbitration cases arising from bilateral investment treaties (BITs), multilateral investment treaties (including NAFTA, CAFTA-DR, and the Energy Charter Treaty), and other international investment laws.

Franco Ferrari is a Professor of Law and the Director of the Center for Transnational Litigation, Arbitration and Commercial Law at New York University School of Law.  His areas of research are comparative law, conflict of laws, forum shopping, international commercial arbitration, and international commercial law

Victor P. Goldberg is the Jerome L. Greene Professor of Transactional Law Columbia at University Law School.  His areas of expertise are law and economics, antitrust, regulation, and contracts.  Professor Greene has written numerous articles on law and economic issues.

Thomas D. Halket is a Partner at Halket Weitz LLP, an associate member of Tanfield Chambers in London (for arbitration matters) and an Adjunct Professor of Law at the Fordham University School of Law where he teaches courses on International Arbitration. Prior to forming Halket Weitz, he was the Partner in charge of the Commercial Technology Practice in the New York Office of Bingham McCutchen LLP.  He was also Assistant General Counsel of Engelhard Corporation.  A Chartered Arbitrator, Fellow of the Chartered Institute of Arbitrators and Fellow of the College of Commercial Arbitrators, Mr. Halket has been an arbitrator and mediator for over 25 years and is a member of arbitral panels around the world.

Grant Hanessian is a Partner in Baker & McKenzie’s New York office.  He serves as co-chair of the Firm’s International Arbitration Group.  Mr. Hanessian has more than 25 years’ experience as counsel and arbitrator in disputes concerning contract, investment treaty, energy, construction, commodities, financial services, insurance, intellectual property and other matters.  He is vice chairman of the Arbitration Committee of the US Council for International Business (USCIB) and the US national committee of the International Chamber of Commerce (ICC).

Laura Hardin is a Managing Director in Alvarez & Marsal Global Forensic and Dispute Services in Houston, Texas. She has over 19 years experience providing business valuation, damages assessments and forensic accounting services on a variety of engagements.  Ms. Hardin has provided expert guidance on damage quantification for both investment treaty and commercial matters and has submitted evidence in international arbitration cases brought before ICC, ICDR, LCIA, SCC, ICSID and ad hoc tribunals. She has experience in disputes in a variety of industries including oil and gas, power generation, telecommunications, aviation, real estate development, metals and mining, and general manufacturing. Prior to joining Alvarez & Marsal she was a Vice President with Charles River Associates.

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).

David Herlihy is a Partner in Skadden’s International Arbitration and Litigation Group.  He is based in the London office.  Mr. Herlihy has served as counsel in a wide range of significant international disputes, including arbitrations conducted under the rules of the ICC, LCIA, ICDR, ICSID and UNCITRAL.  Chambers UK identifies Mr. Herlihy as a leading individual in the field of international arbitration.  Global Arbitration Review recognized Mr Herlihy’s successful representation of two foreign investors against Georgia as a “triumph” which won Skadden the title of “Most Impressive Large Arbitration Practice of 2011”.

Ian A. Laird is a Partner in the International Dispute Resolution Group of Crowell & Moring’s Washington, D.C. office.  He currently represents clients in international investment disputes involving issues in the energy and natural resources sector.  Mr. Laird is serving as an Adjunct Professor at the Georgetown University Law Center teaching a seminar on the influence of public international law on investment treaty arbitration  He is the co-founder and Editor-in-Chief of Investmentclaims.com.

Craig S. Miles is a Partner in King & Spalding’s international Arbitration Group and is located in their Houston office.  In 2011, Mr. Miles was named to Global Arbitration review’s “45 Under 45” listing of the world’s leading international arbitration practitioners under the age of 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.

Elitza K. Popova-Talty represents clients in international arbitration and federal and state litigation in complex disputes, including investment treaty and commercial arbitration, and general commercial and insolvency cases. Ms. Talty represents clients in AAA, ICC, ICSID and UNCITRAL international arbitrations. Ms. Talty has substantial experience with the US Foreign Corrupt Practices Act, other anti-bribery laws and sanctions programs. She has advised clients in developing and implementing anti-corruption programs for companies and financial services firms.

Victoria R. Orlowski is an associate in the New York office of Gibson Dunn and a member of the Firm’s Litigation and International Arbitration Practice Groups.  She joined Gibson Dunn from the International Court of Arbitration of the International Chamber of Commerce.  Ms. Orlowski began at the ICC as counsel in charge of the North American case management team where she oversaw hundreds of cases pending under the ICC Rules from filing through scrutiny and notification of awards.  She was promoted to Managing Counsel and supervised the ICC Court’s case management teams, performed second level review of draft arbitral awards and worked closely with the Secretary General and Deputy Secretary General of the ICC Court and ICC General Counsel to form and maintain practices.

Klaus Reichert specializes in international arbitration and has undertaken, both as lead counsel and as arbitrator (frequently as chair), in excess of 120 such cases across a broad spectrum of complex subject matters, industries and governing laws involving parties from all around the world.  He is a member of the International Basketball Federation (BAT) panel of arbitrators, a member of the Court of Arbitration for Sport, the WIPO Panel, the ICDR Panel and the DIAC Panel.

George D. Ruttinger is a Partner in Crowell & Moring’s Washington, D.C. office where he co-chairs the International Dispute Resolution Group and is a member of the Government Contracts Group.  He has represented clients in a broad range of industries, including aerospace, technology, manufacturing and pharmaceuticals.  Mr. Ruttinger has represented domestic and foreign clients in international arbitrations before tribunals of the International Chamber of Commerce, Stockholm Chamber of Commerce, Netherlands Arbitration Institute, Permanent Court of Arbitration, and International Centre for Settlement of Investment Disputes.

Laurence Shore is a Partner in Herbert Smith Freehills’ New York office.  He is an international arbitration specialist and has extensive experience representing clients in major arbitral seats, such as Geneva, Paris, London, Singapore,Cairo, and New York city.  He also frequently sits as an arbitrator in ICC and ICDR cases.  He is a member of the ICC Commission’s United States delegation and the LCIA’s North America council.  From September 2012 to May 2014 he was the chair of the New York City Bar’s International Law Committee.

Wayne Wilson is the Managing Director of UHY Advisors FLVS Inc.  He has provided consulting services and expert testimony to international clients in the areas of finance, organizational management, accounting, statistics, and risk management.  These services and testimony have included advising clients on such topics as damages calculations, valuations, international project valuation, lost profits calculation, forensic accounting and investigations of financially distressed and bankrupt entities.

Larry C. Work-Dembowski is a Senior Attorney 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.

Dr. Herfried Wöss is a Partner in Wöss & Partners in Mexico City and Washington, D.C.  He has extensive experience in commercial and investment arbitration related to infrastructure projects, bank expropriation, joint ventures, M&A, franchise and international sales contracts, and the banking, automotive telecommunications and pharmaceutical industries.  He is listed in the International Who’s Who of Commercial Arbitration and recently authored a book with his partner Adriana San Román and two economists on the topic of damages in international arbitration under complex long-term contracts.  He is the founder of the Investment Arbitration Forum and co-editor of two books on investment arbitration as well as special editor on Latin America and CETA of Transnational Dispute Management.  Dr. Wöss was a visiting scholar for arbitration at Georgetown University Law Center in Washington, D.C. from 2012-2013.

Accommodations

We have arranged for a block of sleeping rooms for the evenings of Sunday, October 5, and Monday, October 6, 2014 at

The University Club in New York City
One West 54th Street
New York, NY, 10019
Tel: (212) 247-2100 | Fax:  (212) 572-3457

Reservations can be made via phone: 212.247.2100; e-mail: frontoffice@universityclubny.org or fax: 212.572.3457. Those wishing to make reservations should mention they are with the Juris Conferences Group.

The rooms must be reserved by August 22, 2014. After that date, The University Club cannot guarantee availability.

The rate for a Standard Room with one queen bed or two twin beds is $370.00. Room rates are per room per night and are subject to taxes and fees. Cancellation for guarenteed reservations will be accepted up to 6:00 pm two days prior to arrival. A charge of one night’s stay plus taxes wil be imposed for each guarenteed reservation cancelled after this deadline. The University Club accepts Visa, MasterCard and American Express as methods of payment. Each guest will be responsible for his or her own charges. Check-in time is 3:00 pm. Check-out time is 1:00 pm.

It is important to note that The University Club is a private Club. Guests and members are required to adhere to the dress code while in the clubhouse. House Rule XV: Gentlemen members and guests are required to wear jackets and ties. Lady members and guests are required to wear clothing of equal formality. For lady members and guests a dress or skirt is always acceptable. A tailored pantsuit, pants and blazer or pant outfit in conservative taste is also accepted.

Accommodation Contact Information:
Lars Dewenter, Front Office Manager
Tel: 212.572.3454 | E-mail: ldewenter@universityclubny.org

For Sponsorship opportunities please contact: Candice Dubensky at cdubensky@jurispub.com

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