Seventh Annual Damages in International Arbitration Conference – Looking Back, Looking Forward: Evolution and Trends

Thursday, November 15, 2018.
Bryan Cave Leighton Paisner (BCLP) LLP, Adelaide House London Bridge
London, United Kingdom

 

Seventh Annual Damages in International Arbitration Conference

Damages in International Arbitration are a vast and important topic requiring thoughtful and detailed consideration by the tribunal, the parties and valuation experts such as accountants and economists.  Damages are a key concern in proceedings because achieving them or avoiding them are the countervailing goals of the parties. Damages may take many forms: they are not only compensatory, but they may also be subject to counterclaims and set-offs, reduced by failures to mitigate and enlarged by the application of interest and costs. They may be arrived by tribunals in a variety of ways, some more disciplined than others. Issues of causation loom large even before the application of methods of quantification.

 

This conference will provide insights from leading authorities and experts on what should be foremost in the minds of all – advocates, experts, arbitrators and the parties – that are involved in the international arbitration process:

How Best to Determine What Prevailing on the Merits in International Arbitration is Worth.

Program

8:15 – 9:15
Registration and Continental Breakfast

9:30 – 11:00
Panel 1: Looking Back – 90 years since the publication of Chorzow Factory 

Topics:

  • Pre-award attachments and freezing orders.
  • Possibilities and constraints.
  • Use of publicity.
  • The pre-requisites for pre-award freezing orders and attachments in European UK and North American jurisdictions.
  • Judicial assistance in aid of arbitration.
  • Illustrations of when pre-hearing freezing orders have been effective.
  • Special issues involving state parties.
  • Considerations involving third parties.
  • Rules about public disclosure of arbitral proceedings.

11:00 – 11:30
Coffee/Tea Break

11:30 – 13:00
Panel 2: Looking Forward – Empirical Trends and addressing needs of counsel and tribunals

Topics: 

  • When is specialist “partnering” or funding useful and relevant?
  • What role (if any) do funders have at the enforcement stage, and how soon do parties need to start planning?
  • How best to use private intelligence services or specialist asset tracers.
  • What assets can be found (and not found) using publicly available means?
  • What role can the courts play in aiding identification of assets?

13:00 – 14:00
Lunch

14:00 – 15:30
Panel 3: Looking Back – The allocation of costs in international investment arbitration Impact on Costs

Topics: 

  • Recent developments and current cases involving enforcement of arbitration awards.
  • Can an award be enforced under the New York Convention even when it has been vacated, or challenged in the courts of the the seat?
  • Will courts outside the seat allow the award debtor to challenge the award (e.g. on grounds of fraud or illegality)?
  • What are the latest developments involving enforcement against state-owned enterprises and sovereigns?
  • Are states abusing criminal procedures as a means of resisting enforcement of awards?

15:30 – 16:00
Coffee/Tea Break

16:00 – 17:30
Panel 4 – Looking Back and Forward – Ask the Experts: Q&A session with leading experts

Topics:

  • Pursuing to the end – What does it take to last distance?
  • The “X” factor:  what “breaks” can be decisive, what are the strategies that close the deal?
  • From an award creditor perspective: “If you had your time all over again, what would you have done differently.”
  • From an award debtor perspective:  how does asset protection work and what strategies are legitimate to shield against enforcement?

17:30 – 17:45
Closing Remarks by the Conference Co-Chairs

17:45 – 19:30
Cocktail Reception

 

Registration

Online Registration:

Enforcement of Arbitration Awards
$595.00

Enforcement of Arbitration Awards*
$375.00

*ONLY available to Full-Time Academics with no law firm affiliation, Government Employees, and Full-Time In-House Corporate Counsel.

PDF Registration Form

Co-Chairs

Irmgard Marboe is professor of International Law at the University of Vienna. She is the author of Calculation of Compensation and Damages in International Investment Law published by Oxford University Press (1st edn 2009, 2nd edn 2017). Since 2016, she is Co-Editor-in-Chief of The Journal of Damages in International Arbitration. She is the Vice-Chair of the Vienna University’s Arbitration Commission and acts as consultant in investor-State arbitrations as well as an advisor to the Austrian Ministry of Transport, Innovation and Technology.

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.

James Searby is a Senior Managing Director in FTI Consulting’s economic and financial consulting practice, specializing in the assessment of quantum issues in contentious matters, in  both litigations in national courts and international arbitrations.  Mr. Searby’s primary expertise is in the field of valuation, whether of businesses, contracts, damages, intellectual property or financial assets.  He has a broad range of experience in the assessment of complex damages in high-value international arbitration and litigation cases in matters involving, inter alia, alleged expropriation, breach of contract, patent infringement and shareholder disputes.  The range of Mr. Searby’s industry experience encompasses telecommunications, oil and gas, chemicals, tobacco, infrastructure, healthcare, media, life insurance, retailing and banking.  He has worked in EMEA, North America, and the Asia Pacific region for governments, companies, and individuals, whether as claimants or respondents on matters ranging in value from less than US$1million to more than US$2 billion.  In  April 2015, Mr. Searby moved to Washington, D.C. to lead the build-up of the International Arbitration practice in that region.

Faculty

Gladys Bagasin assists Prof. Bernard Hanotiau, serving as Tribunal Secretary in ad hoc and institutional arbitrations covering a wide range of disputes relating to gas pricing, energy, project management, construction, banking, etc. She previously worked in a top-tier law firm in Manila for four years before completing her LL.M. in Georgetown University.

Mark Beeley is a partner at Orrick who focuses on disputes arising out of the energy sector, as well as on construction, insurance, shareholder and corruption/fraud matters.  He sits as arbitrator as well as acting as advocate in the arbitration and court hearings.  He writings include the proper approach to the award of interest.

Massimo Benedettelli joined Arblit in October 2014, after having been a partner at Freshfields Bruckhaus Deringer. One of Italy’s main arbitration specialists, throughout his career Massimo has acted as counsel or sat as chairman, sole or party-appointed arbitrator in several international and domestic arbitrations. The arbitrations in which he has been involved have been seated in a variety of places (Milan, Paris, Brussels, Zurich, Geneva, Istanbul, Sanaa, Baghdad and Buenos Aires) and have featured procedural and substantive laws of different jurisdictions (Italy, France, Switzerland, Turkey, England, Iraq, Brazil and Argentina) as well as public international law. Massimo is a member of the ICC Commission on Arbitration where he coordinates the works of the Italian delegation and he is a member of the arbitration council of ACIAM, Atlanta (GA).

George Burn is Partner, Head of International Arbitration at Bryan Cave Leighton Paisner.  He is a seasoned advocate appearing in international arbitration proceedings, representing companies and individuals.  Mr. Burn is admitted in England as a Solicitor- Advocate.  His practice covers both Investor-State arbitration and commercial arbitration, and has involved the full range of arbitral seats and arbitral rules (ICSID, UNCITRAL ,ICC, LCIA, SIAC, SCC, PCA, CRCICA, CIArb, etc).  The cases on which Mr. Burn works involve issues of public international law, private international law, English law and the law of numerous other jurisdictions.  His cases often involve complex or novel issues of jurisdiction, and he has worked on various cases in which the relationship between Investor-State law and criminal law (national and international) has been at issue.  He has particular strength in arbitrations coming out of projects in emerging markets, with clients from, or working in, regions such as the Middle East, the CIS, Eastern Europe, Africa, South Asia, East Asia, and the Caribbean.  As well as acting as Counsel, he regularly sits as an arbitrator, and has been appointed as Sole Arbitrator, Chair of the Tribunal and Co-Arbitrator.  He sits in commercial and Investor-State cases.

Leonardo R. Giacchino is a Partner at Solutions Economics, LLC.  Dr. Giacchino has provided testimony on damages, valuation issues and industry issues in numerous international arbitrations and litigations in domestic courts.  Dr. Giacchino has vast experience in regulated industries such as the natural gas, electricity, oil, mining, water, transport and milk industries and also in many unregulated industries.  He is also an Adjunct Professor at the Washington College of Law (American University) where he teaches damages in international arbitration.  He is also the coauthor (with Dr. Jonathan Lesser) of Fundamentals of Energy Regulation, published in 2007 and 2013 (second edition) by Public Utilities Reports, Inc. (PUR) and Principles of Utilities Corporate Finance, also published by PUR in 2011.

Professor John 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.

Roula Harfouche is a Partner in the London office of Accuracy, and a Fellow of the Institute of Chartered Accountants in England & Wales. She has specialized since 2000 in contentious valuations and the assessment of complex damages in high-value international arbitration and litigation cases involving breach of contract, investment treaty claims, transaction-related disputes, and intellectual property infringement.

Hilary Heilbron acts as both counsel and arbitrator in substantial international arbitrations. With approximately 100 appointments as an international arbitrator she has wide experience of most of the arbitral instructions globally and often acts as Chair of the tribunal. She is currently a member of the ICCA-ASIL Task Force on Damages; the LCIA Court; the ICC UK Arbitration and ADR Committee; and the International Advisory Committee of the ICDR. She is also a Deputy High Court Judge and the author of “A Practical Guide to International Arbitration in London”.

Colin Johnson is a Vice President in CRA’s Energy Practice.  He has more than 20 years of experience in the energy and infrastructure sector with a particular focus in the power, oil and gas industries.  Mr. Johnson has international experience in analyzing, negotiating, and managing major energy projects and has worked in Europe, North America, Latin America, Africa, the Middle East, and Asia.  He has acted on behalf of national governments, large companies, and entrepreneurs in international arbitrations and litigation as an expert witness for a variety of cases ranging up to US$50bn+ in claim value.

Jef Klazen focuses on international enforcement of judgments and arbitration awards, as well as related cross-border asset tracing and recovery. Described by the publishers of Global Arbitration Review as “a lawyer who thinks like an investigator,” he advises companies and individuals on how to enforce and otherwise monetize judgments and has particular experience with enforcements arising out of investor-state disputes that may involve state immunity.

Dr. Sabine Konrad is a partner in the law firm of McDermott Will & Emery LLP and is based in the Firm’s Frankfurt office. She focuses her practice on international dispute resolution, with an emphasis on commercial international arbitration and public international law. Dr. Konrad has advised investors and governments in matters of investment protection. She also has experience representing clients in a broad range of industries, including energy and infrastructure. Dr. Konrad also acts as arbitrator in investment treaty arbitration and international commercial arbitration cases. In 2007 and 2013, Dr. Konrad was designated by the Government of the Federal Republic of Germany to the Panel of Arbitrators of the World Bank’s International Centre for Settlement of Investment Disputes (ICSID). She is a member of the roster of arbitrators of the International Development Law Organisations (IDLO), the list of practitioners of the Vienna International Arbitral Centre (VIAC) and the panel of the Asian International Arbitration Centre (formerly KLRCA). Dr. Konrad also founded the Frankfurt International Arbitration Moot Court, the leading moot court internally in the investment treaty field. In 2005, she helped set up the Frankfurt International Arbitration Center, a cooperation facility of ICSID for investment treaty arbitrations in Germany.

Sophie Lamb is a Partner in Debevoise & Plimpton’s London office.  Her practice focuses on commercial and investment treaty arbitration, complex litigation, public international law and business and human rights.  Ms. Lamb has represented clients across a range of industry sectors, including automotive, banking, energy, natural resources, pharmaceuticals, private equity and telecommunications.  She has particular expertise in the oil & gas and mining industries and is Co-Chair of the firm’s Energy Disputes Group.  With more than 15 years of experience, Ms. Lamb has acted as adviser and/or advocate in more than one hundred international arbitrations in proceeding involving such matters as investment agreements, long term supply relationships, hardship/fairness clauses, and joint venture disputes among many others.  She has conducted cases under all of the principal arbitration rules.

Craig Miles is a Partner in King & Spalding’s International Arbitration Group in their Houston office.  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.  Mr. Miles has first – or second – chaired dozens of arbitral hearings involving disputes throughout North and South America, Europe, Asia, Africa and the Middle East with particularly strong experience in bilateral investment treaty (BIT) disputes in the oil & gas, mining and infrastructure sectors in Latin America.  Mr. Miles is also regularly called upon to handle the quantum aspects of clients’ most significant disputes.  Among his recent cases are some of the largest BIT awards and settlements ever obtained by foreign investors, against the likes of the governments of Argentina, Bolivia, Ecuador, Egypt, Romania, and Venezuela.

Mathieu Raas is a senior associate in the Dispute Resolution Practice Group of Baker McKenzie Amsterdam. He has substantial experience in national and international contracting, litigation and arbitration. Mathieu combines in-depth knowledge on contract and company law with a keen eye for pragmatic solutions.

August Reinisch is professor of International and European Law at the University of Vienna. He was Dean for International Relations at the University’s Law School and is currently a Member of the Senate of the University of Vienna. He is Member of the PCIA and a Member of the Panels of Conciliators and of Arbitrators of ICSID, amongst others. Since 2017 he serves as a Member of the International Law Commission of the United Nations for the quinquennium 2017-2021. He acts as an arbitrator in various investment arbitrations.

Adriana San Román‘s work in corporate banking, financial engineering and project finance, has earned her extensive experience as an attorney and financial analyst. She is an internationally recognized damages expert, in particular for large infrastructure, construction and technology cases. She frequently acts as legal and quantification expert in international arbitrations. She is co-author of the book Damages in International Arbitration Under Complex Long-Term Contracts (Oxford University Press 2014) and member of the ICCA-ASIL Task Force of Damages in International Arbitration.

Mick Smith was a co-founder of Calunius Capital with Mark Wells in 2006. Mick qualified as a solicitor at Freshfields in 1996. Subsequently he worked in finance in a variety of investment banking roles. He studied Mathematics and then Law at Cambridge University. Mick is much sought after as a conference speaker, not only on all aspects of litigation funding, but also international arbitration, arising from both commercial and investment treaty disputes. Mick has also written extensively on these subjects.