The Thirteenth Annual Leading Arbitrators’ Symposium on the Conduct of International Arbitration, Grand Hotel Wien, Vienna – April 10, 2017
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Program Information
 Leading Arbitrator’s Guide All attendees receive a copy of The Leading Arbitrators’ Guide to International Arbitration – Third Edition, a $195 value, the leading reference and guide on the topic. |
Juris Conferences LLC is pleased to present its Thirteenth Annual Leading Arbitrators’ Symposium on the Conduct of International Arbitration. Leading international arbitrators and practitioners will discuss, in Socratic form, four topics of importance to counsel, arbitrators and business people who are involved in the resolution of international commercial disputes through arbitration.
Registration
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For full-time students with current ID only, contact Juris Conferences at: events@jurisconferences.com , for current rate.
Financial Aid:
Our Financial Aid policy is available here
FEE includes:
Written course materials, a copy of the Leading Arbitrators’ Guide to International Arbitration – Third Edition, refreshments at breaks, luncheon, and a drinks reception following the program. The fee does not include accommodations.
Co-Chairs
Grant Hanessian is a Partner in the New York office of Baker & McKenzie. He serves as global co-chair of the firm’s International Arbitration Group. Mr. Hanessian is the U.S. alternate member of the ICC International Court of Arbitration in Paris, vice chairman of the Arbitration Committee of the U.S. Council for International Business (U.S. national committee of the ICC), and a member of the ICC’s Commission on Arbitration and its Task Forces on Arbitration Involving States or State Entities and on Financial Institutions and International Arbitration. In addition, Mr. Hanessian has more than 25 years of experience as counsel and arbitrator in disputes concerning contract, investment treaty, energy, construction, commodities, financial services, insurance, intellectual property and other matters before virtually all of the world’s major arbitration institutions.
Sophie Nappert is an independent arbitrator based in London. Before becoming a full-time arbitrator, she was Head of International Arbitration at a global law firm. She is trained and has practiced in both civil law and common law jurisdictions. Ms. Nappert is the peer-nominated Moderator of OGEMID, the online discussion forum on current issues of international investment law, economic law and arbitration. Her areas of expertise include, energy and natural resources, infrastructure, hotel and leisure, pharmaceuticals, telecoms , joint ventures, concession agreements, emerging economies and notably Russia, Kazakhstan and the Caspian region, the Energy Charter Treaty, investment treaty disputes, investment law and EU law, and disputes against State parties.
Faculty
Andrew Aglionby is an Arbitrator with JAMS International based in London. He spent more than 30 years in large law firms, 17 of which were based in Hong Kong. Mr. Aglionby is a member of the ICC Commission on Arbitration and is the former head of arbitration at Olswang. He was also formerly Asia Pacific Head of Arbitration for Baker & McKenzie and was resident in Asia from 1993 to 2010.
Jalal El Ahdab (Jil Ahdab) is a Partner with Ginestié Magellan Paley-Vincent. He acts both as a counsel and as an arbitrator (sole arbitrator, co-arbitrator and chairman). His practice covers international business law, notably with the Arab world and Europe, and more specifically in the field of international litigation and foreign investments. He has strong expertise in managing international disputes and particularly arbitrations: shareholders and securities suits, class actions, breach of negotiations and bank guarantees. The type of business disputes his practice includes relates to the trade in various types of commodities, telecom markets, port concessions, and the construction industry in Europe, Africa, Middle East and Asia. He possesses a vast knowledge of institutional rules, including ICSID, ICC, LCIA, UNCITRAL, VIAC, DIAC, CRCICA and CAS Rules.
Omar M.H. Aljazy is the Managing Partner of Aljazy & Co. in Jordan. He is an International business Lawyer and has extensive experience in corporate transactions and arbitration law, we well as international transactions including but not limited to: hotel development, intellectual property, construction disputes, energy, shipping and maritime issues, competition and antitrust matters.
Mark Baker is Global Co-Head of International Arbitration in Norton Rose Fulbright’s Houston office. He is a member of the Firm’s Global Supervisory Board. Mr. Baker practices in the areas of complex commercial arbitration, business litigation and alternative dispute resolution. He has extensive experience with the international and domestic arbitration and litigation of banking, financial and securities transactions. Mr. Baker frequently represents numerous clients in matters regarding international and domestic construction contracts, power purchase and sale agreements, energy contracts, joint ventures, and project finance and development agreements.
Brian Casey is an independent arbitrator who has over 38 years of experience in commercial dispute resolution. He is a former principal of Baker & McKenzie International and a former Chair of the firm’s North American litigation practice group. Mr. Casey is an adjunct professor at the University of Toronto Law School, a member of the board of directors of the American Arbitration Association and chair of the ICDR Canadian advisory committee. During his career, he has been retained as arbitrator, tribunal chair and counsel in numerous commercial arbitrations, both ad hoc and institutional under the auspices of the LCIA, the ICC and the AAA/ICDR. He has also acted in investor/state arbitrations under Chapter 111 of the NAFTA administered by ICSID and other investor/state arbitration arising out of bilateral investment treaties.
Leng Sun Chan heads the Dispute Resolution practice in Baker McKenzie.Wong & Leow. He is Baker McKenzie’s Global Head of International Arbitration. He is qualified in Malaysia, Singapore and England. Leng Sun is familiar with all methods of dispute resolution, including litigation, arbitration and mediation. In addition to years of experience in maritime-related work, he has a broad commercial practice that covers international trade, insurance and company law. Leng Sun was appointed Senior Counsel, Singapore’s equivalent to the Queen’s Counsel in January 2011. Apart from being counsel, Leng Sun is a Chartered Arbitrator and is on the panel of leading arbitral institutions. He is a Chairperson of the arbitration panel jointly appointed by the EU and Korea under the protocol on cultural cooperation of the Korea-EU FTA. He is the President of the Singapore Institute of Arbitrators (SIArb). Leng Sun is on the Advisory Panel of the Singapore Maritime Foundation and is a member of the Committee on the Singapore International Commercial Court.
Robert B. Davidson is the Executive director of JAMS Arbitration Practice in addition to being a full-time arbitrator and mediator. He has sat in more than 150 domestic and international arbitrations as sole arbitrator and as a member of tripartite panels in both institutional and ad hoc settings. Cases arbitrated have involved complex commercial and financial business issues, including contract actions, disputes under APA and SPA agreements, construction, insurance and reinsurance claims, oil and gas disputes, securities, tax, real estate, intellectual property, pharmaceutical licensing disputes, employment disputes and sports matters. Over the course of his career as a litigation partner at a major international law firm, Mr. Davidson acted as counsel for clients in numerous arbitration, including serving as lead counsel in domestic and international arbitrations including 1 cases before the Iran-U.S. Claims Tribunal.
Ugo Draetta is an independent arbitrator located in Milan. His areas of expertise include lex mercatoria, EU law, conflicts of laws and procedure, intellectual property law, construction contracts, distribution agreements, and investment projects. He is the former General Counsel and Secretary of the Italian subsidiary of General Electric Co. (USA) and then General Counsel – Europe Business Division of General Electric Co. (USA) based in Brussels. In addition, Mr. Draeta has held other positions with General Electric in the United States and London. He was the General Counsel and Secretary of IFAT SpA, based in Turin. He is the author of numerous publications in the fields of international law, industrial law, international trade law, and EU law.
Diana Droulers is an independent arbitrator and an advisor for Latin America at Dispute Resolution Data. She was the Executive Director of the Arbitration Centre of the Caracas Chamber of Commerce that she founded in 1998 and led until February 2015. As head of the Arbitration Centre she promoted its rules and was responsible for the management of more than 800 arbitration cases (domestic and international) and 50 mediation cases, and for the execution of Interamerican Development Bank and Corporacion Andina de foment projects in dispute resolution. She also represented Venezuela in the Inter American Commercial Arbitration Commission (IACAC), and headed the “ADR Network” (IADB) in Latin America. Ms. Droulers has acted as arbitrator and mediator with ICC, ICDR, and Caracas Chamber rules and has also worked on ad-hoc cases. She is a member of the ICC International Court of Arbitration. Ms. Droulers is President of the International Federation of Commercial Arbitration Institutions (IFCAI). As President of IFCAI, she holds the observer statue in UNCITRAL’s work group II (arbitration, and is a member of the Institutional Arbitration Discussion group.
Thomas D. Halket divides his time between his corporate and commercial technology law practice, arbitration and mediation and law school teaching. He is a partner at Halket Weitz LLP in New York and an Adjunct Professor at the Fordham Law School where he teaches courses on International Arbitration, IP transactions, Licensing and Entrepreneurship Law. Prior to forming Halket Weitz, he was a partner at Bingham McCutchen LLP. A Chartered Arbitrator, Fellow of the Chartered Institute of Arbitrators and Fellow of the College of Commercial Arbitrators, Tom has been an arbitrator and mediator for over 30 years. He is a member of arbitral panels around the world, a member of the London Court of International Arbitration, a Liveryman of the Worshipful Company of Arbitrators in London and a member of the International Arbitration Club of New York. He has held numerous volunteer positions in professional organizations and currently is the Vice President of the Chartered Institute of Arbitrators and Chairman of its New York Branch. He has been elected to be Chartered Institute’s 2019 President.
Wulf Gordian Hauser is the Senior Partner of Hauser Partners Rechtsanwälte GmbH. His main areas of practice are international commercial arbitration, mergers and acquisitions, capital markets, banking and corporate finance. He is the Austrian member of the ICC court and has served in over 100 arbitrations.
Kaj Hobér is currently Professor of International Investment Law and Trade Law at Uppsala University, and an Associate Member of 3VB Chamber in London. Previously, for twenty years until 2014, he was Partner at Mannheimer Swartling, and prior to that, Partner at White & Case. He was Professor of East European Commercial Law at the University of Uppsala from 1997 to 2009 and Professor of International Law at the Centre for Energy, Petroleum and Mineral Law and Policy (CEPMLP), University of Dundee in 2010.
He is involved in numerous oil and gas arbitrations, relating primarily to Northern Africa, the Middle East and the former Soviet Union. Prof. Hobér has acted as counsel and arbitrator, including chairmanships in more than 400 international arbitrations, including representation of the claimant in the first ECT award, and is participating in numerous ongoing investment arbitrations
He is past chair of the IBA sub-committee on Investment Treaty Arbitration and the author and editor of several books on international arbitration as well as numerous articles on international arbitration, Russian, Soviet and East European law and international investment and trade law. Kaj Hobér was a member of the Board of the Arbitration Institute of the Stockholm Chamber of Commerce (SCC) from 1992 to 2009 and is currently Chair of the SCC Board. He is a member of the LCIA Court and of the Board of Directors of the American Arbitration Association and also a member of the AIPN Educational Advisory Board.
Martin Hunter was a partner in the firm Freshfields for 27 years and led the firm’s International Arbitration Group. On retiring from the firm he requalified as a barrister and joined Essex Court chambers, where he practices in the field of international arbitration. Mr. Hunter is a member of the Council of ICCA, and has participated in the work of a number of organizations active in the field of international arbitration, including the AAA, the IBA, the ITA’s Academic Council, the ICC’s Court, the LCIA’s Court and UNCITRAL. He is chairman of the Board of Trustees of the Dubai International Arbitration Centre and was deputy-chairman of the UK Government’s committee on arbitration law reform, which was responsible for steering the English Arbitration Act 1996 through Parliament.
Doug Jones is a leading international commercial and investor/state arbitrator. He has experience in both ad hoc and institutional commercial arbitrations under the AAA, ACCL, ACICA, AMINZ, CCCL, DIAC, HKIA, IAMA, ICC, ICDR, ICSID, KLRCA, LCIA, SIAC, UNCITRAL and other international rules. The arbitration in which has been involved include infrastructure, energy, commodities, intellectual property, commercial and joint venture, and investor-state disputes spanning over 30 jurisdictions around the world with sums claimed up to US$1 billion.
Vladimir Khvalei is a Partner in the Moscow office of Baker & Mckenzie. He heads the firm’s CIS Dispute Resolution Practice in Moscow. Mr. Khvalei serves as vice president of the ICC International Court of Arbitration and is included on the list of arbitrators of the arbitration institutions in Austria, Belarus, Dubai, Hong Kong, Kazakhstan and Russia. He handles international arbitration cases as a party counsel and arbitrator, particularly with respect to the arbitration rules of the ICAC, ICC, SCC and UNCITRAL. Among the arbitrations he has been involved in Mr. Khvalei has represented a Western oil company in a number of arbitration disputes against a major Russian oil company under various rules as well as representing a Chinese company in numerous disputes in the Moscow Arbitrazh Court related to allotment of land plots for construction.
Stefan Kröll is a lawyer and independent arbitrator based in Cologne and one of the German national correspondents to UNCITRAL for arbitration and international commercial law. He is a Director of the Willem C. Vis Arbitration Moot in Vienna. Professor Kröll sits regularly as an arbitrator in national and international cases (ICC, DIS, VIAC, ad-hoc) and is listed by the relevant publications as one of the leading arbitration experts in Germany. He is a member of the board of editors of several journals. Professor Kröll is a Visiting Lecturer at the Bucerius Law School and visiting Reader at the School of International Arbitration at CCLS (Queen Mary, University of London). He has published widely in the field of international commercial arbitration and commercial law
Loukas Mistelis is the Clive M. Schmitthoff Professor of Transnational Commercial Law and Arbitration at Queen Mary University of London. He is a member of the Centre for Commercial Law Studies where he is Director of the School of International Arbitration. Professor Mistelis is an acknowledged authority on international dispute resolution. His substantial arbitration experience covers ICC, ICSID, LCIA, UNCITRAL, SCC, Swiss Chambers and Moscow cases. Parties in these cases were from countries that include, Bangladesh, Egypt Switzerland, German, India, Russia, Canada, Nigeria, Ireland, Ukraine, Korea, UAE and the United States. Subject matters included foreign direct investment, sales, contracts, distribution agreements, counter-trade, mining, share purchase agreements, media contracts, administration of natural resources, oil and gas transactions.
Lawrence Newman is Of Counsel in Baker & McKenzie’s New York office. He practices mainly in the areas of international litigation and arbitration and has represented clients in courts and before arbitration tribunals. Mr. Newman has served as arbitrator in cases under the rules of the AAA/ICDR and the International Chamber of Commerce. He is a co-editor of The Leading Arbitrators’ Guide to International Arbitration which is the basis of the Leading Arbitrators Symposium on the Conduct of International Arbitration.
Christopher Newmark is a Partner in Spenser Underhill Newmark in their London office. As a busy arbitrator he has acted as chairman, sole arbitrator or party appointed arbitrator in international arbitrations under ICC, LCIA, SCC and UNCITRAL rules, as well as ad hoc proceedings. He was the first emergency arbitrator to be appointed by the ICC under the Emergency Arbitrator Provisions introduced in the 2012 ICC Rules of Arbitration. Mr. Newmark was appointed Chairman of the ICC Commission on International Arbitration and ADR with effect from January 1, 2014
Nikolaus Pitkowitz is founding Partner and head of dispute resolution and real estate at Graf & Pitkowitz. His practice has always been international. Dr. Pitkowitz is considered one of the preeminent Austrian dispute resolution practitioners. He acted as counsel and arbitrator in a multitude of international arbitrations, including several high profile disputes, most notably as counsel in the largest ever pending Austrian arbitration (a multi-billion telecom dispute). Dr. Pitkowitz is also active as counsel in significant real estate projects and currently serves as chair of the IBA Real Estate Section, the world’s largest association of real estate practitioners.
Stefan Riegler is a Partner in Baker & McKenzie’s Vienna office. He has significant experience in dispute resolution. He is a founding member and former chairman of the Young Austrian Arbitration Practitioners. Dr. Riegler advises national and international companies on commercial disputes, especially with regard to infrastructure and construction projects, as well as oil and gas. Dr. Riegler is also experienced in handling corporate and damage disputes, as well as in distribution matters. He acts as counsel before state courts and arbitral tribunals and is increasingly working as an arbitrator. Dr. Rieg3r has acted as counsel in various institutional arbitrations (particularly under the Vienna Rules, the ICC Rules and the DIS Rules) and in ad hoc arbitrations. He has acted as a chairman, a sole and party appointed arbitrator in arbitration under the Vienna Rules and the ICC Rules and in ad hoc arbitrations.
Catherine A. Rogers is a scholar of international arbitration and professional ethics at Penn State Law School, with a dual appointment as Professor of Ethics, Regulation, and the Rule of Law at Queen Mary, University of London, where she is also Co-Director of the Institute for Ethics and Regulation. Her scholarship focuses on the convergence of the public and private in international adjudication, and on the reconceptualization of the attorney as a global actor. Professor Rogers is a Reporter for the American La Institute’s Restatement of the Law, the U.S. Law of International Commercial Arbitration.
Carita Wallgren-Lindholm is a Founding Member of Lindholm Wallgren Attorneys Ltd. She has a broad practice range and extensive experience inter alia in the areas of dispute resolution, corporate advisor, transactions and projects and delivery contracts. She has acted as an arbitrator, both party and institutionally appointed in international commercial and investment disputes under such rules as SCC ICC, FAI, LCIA, JCAA, DIA, PCA, UNCITRAL, et.
Janet Walker is a full professor and past Associate Dean at Osgoode Hall Law School. She currently teaches private international law, international commercial arbitration and complex litigation in the JD and the professional LLM programs and is Director of the Professional LLM in Civil Litigation and Dispute Resolution. Professor Walker has served as an ICC and ICDR arbitrator in various matters and she consults and serves as expert in matters of international litigation and arbitration and complex litigation. She he is a member of the panel of foreign arbitrators of the ICDR, CIETAC, SHIAC, KLRCA and a member arbitrator of Arbitration Place, Toronto, and Outer Temple Chambers, London.
Schedule
9:00 – 10:30 Working Session 1 – Initial Organization of the Arbitral Proceeding and Pre-Hearing Activities
Moderator: Mark Baker
Panel: Jalal El Ahdab (Jil Ahdab), Robert B. Davidson, Stefan Riegler, Janet Walker
Discussion Topics:
• How important is it that the initial conference be held in person, rather than by telephone? Who should attend the conference? Counsel only? Or parties as well?
• What should be covered in the conference? What should arbitrators request or require that the parties consider, and possibly take positions on in the conference?
• Should the tribunal issue an order prior to the conference regarding the conference agenda? What should it contain? Any mandatory provisions? Are there disadvantages in issuing such an order?
• What consideration should be given to possible settlement or mediation, dispositive motions, the parties’ position on damages, including theories of damages, experts to be required, possible bifurcation of proceedings; issues that will be dealt with by experts?
• How far into the future should the schedule that results from the initial conference go? Up to and including the hearing? Should it provide for post-hearing arguments and briefs? Should the arbitrators require the parties provide submissions and exhibits electronically, and, if so, in a specific format?
• When is bifurcation appropriate? Inappropriate? Should arbitrators always defer to parties joint requests for bifurcation? Are there circumstances in which requests for partial awards should not be entertained? Are oral hearings always necessary with respect to requests for partial awards?
• With ICC, and possibly other arbitrations, to what extent should terms of reference be specific as to issues to be dealt with in the case? What are best practices for making these documents most useful to the tribunal and parties?
10:30 – 11:00 Coffee/Tea Break
11:00 – 12:30 Working Session 2 – Effective Presentation of Evidence – Including Witness Statements and Cross-Examination
Moderator: Nikolaus Pitkowitz
Panel: Andrew Aglionby, Diana Droulers, Vladimir Khvalei, Prof. Dr. Stefan Kröll, Lawrence Newman
Discussion Topics:
• 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?
• Presentation of evidence by video-conference. Is this effective? The future?
• Is it always necessary to have an oral hearing? When is summary disposition permissible (or necessary)?
• 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?
• How can the tribunal or parties control tactical decisions by parties not to cross-examine key witnesses?
• Is witness conferencing effective? Is this only for experts? Are there particular circumstances when it is most appropriate? Inappropriate?
• Should the tribunal-appointed expert always appear at a hearing and be subjected to questions about his or her conclusions?
12:30 – 14:00 Networking Luncheon
14:00 – 15:30 Working Session 3 – Ethics and Counsel Behavior
Moderator: Catherine A. Rogers
Panel: Omar M.H. Aljazy, Brian Casey, Ugo Draetta, Loukas Mistelis, Carita Wallgren-Lindholm
Discussion Topics:
• Applicable ethical codes, for arbitrators and attorneys – why are the IBA Guidelines on Party Representation less popular than other IBA arbitration “soft law”?
• Independence and impartiality of arbitrators; standards of impartiality
• Arbitrators’ duty to disclose – is there now a global standard?
• 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
15:30 – 16:00 Coffee/Tea Break
16:00 – 17:30 Working Session 4 – Tribunal Deliberations and Dynamics
Moderator: Christopher Newmark
Panel: Kaj Hobér, Thomas D. Halket, Wulf Gordian Hauser, Martin Hunter, Doug Jones
Discussion Topics:
• Are there best practices as to how a Tribunal should organize its work. Should the chairman be delegated
all procedural responsibilities? Or, if less, what should the chairman have delegated to him or her? Does the
efficiency of the arbitration as to the delivery of the award depend entirely on the chairman? What can the
wing arbitrators do to increase efficiency and assure quality?
• To what extent are arbitrators using secretaries? Should, or must, arbitrators disclose that they are using secretaries? If the arbitrators want to use secretaries and disclose their identity and involvement, how should they do it? Are arbitrators complying with the ICC’s note applicable to arbitrators and secretaries? For non-ICC arbitrators, should there be rules? What can parties and counsel do if they are not aware of certain arbitrators’ practices in this regard until after they appoint them? Or the chairman, whom they may not have appointed?
• What can be done if an arbitrator is not doing his or her work as the case proceeds or is not paying attention in the course of the proceedings? What if this is the chairman?
• Should the arbitrators deliberate on the award immediately after the final evidentiary hearing? After the receiving the post-hearing briefs? After post-hearing oral argument? Should the arbitrators meet in person? Or by telecommunication? Should arbitrators discuss among themselves the merits of the cases as they proceed? Should such discussions be mandatory? Avoided? Casual or structured (for example, “What did we learn today?)
• May two arbitrators ever meet without the other arbitrator? What should the third arbitrator do if the other arbitrators do meet without him?
• Compromises – how imperfect is a unanimous award? Should the tribunal accommodate the potential dissenting arbitrator? If so, how? For example, with respect to the award of legal fees? What does the dissent accomplish?
• When should, or may, the arbitrators rule on the basis of theories or arguments that the parties have not made? What if the arbitrators believe that parties have not understood the precedents they cite, or the facts they refer to, in the same way as the arbitrators do? When should the arbitrators go to the parties and ask for their comments? Should there be a difference between legal and factual issues?
• What should the arbitrators do if they do not understand certain expert testimony? For example, damage evidence? Should they ask the parties for comments? What if they are working under a deadline to get the award out? Or they don’t want to confess their inability to understand the evidence?
• To what extent may arbitrators consult the Internet — as Wikipedia, for example — on factual matters, such as
how certain machines in the case actually work? Or how certain financial investments function?
Accommodations
Rooms have been blocked for the nights of 8 April through 10 April, 2016 at two locations:
Grand Hotel Wien
Kaerntner Ring 9
A-1010 Vienna, Austria
at a special conference rate of € 279,00 through € 319,00 per night (depending on room type) that includes all applicable taxes and fees
AND
The Ring Hotel
Kaerntner Ring 8
A-1010 Vienna, Austria
at a special conference rate of € 219,00 through € 239,00 per night (depending on room type) that includes all applicable taxes and fees.
Reservations must be received by 8 March 2017 to receive the preferred conference rates. After 8 March 2017 rooms can be booked at conference rates based upon hotel availability. All arrangements are between the registrant and the hotel.
Contact Information for both Hotels: Johannes Grass, Banquet/Conference Manager
Grand Hotel Wien, Kaerntner Ring 9, 1010 Vienna, Austria
Tel: +43-1-515-80-1822 Fax: +43-1-515-80-12
E-mail: jgrass@jjwhotels.com Web: www.grandhotelwien.com
For Sponsorship opportunities please contact: Candice Dubensky at cdubensky@jurispub.com
