Tuesday, 7 December and Thursday, 9 December, 2021
10:00 AM ET / 4:00 PM CET
Hosted on ZOOM by JURIS Conferences
This two-day program will include four panels discussing current and emerging topics relating to damages in international arbitration. Registrants will receive one year of online access to the full archives of the Journal of Damages in International Arbitration (“JDIA”). This includes six full volumes of JDIA, a journal focused on the complex issues that arise in assessing damages and compensation in the context of international arbitration.
Registration
Click Here to Register on JURIS Arbitration Law
Program
The topic of damages in international arbitration is a vast and important subject requiring thoughtful and detailed consideration by tribunals, parties, and valuation experts, such as accountants and economists. 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. 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 Schedule
Tuesday, December 7th, 2021
Keynote Address by Catherine Amirfar, President, American Society of International Law (ASIL); Co-Chair, ICCA-ASIL Task Force on Damages – “Quantum Leap: promoting rigor in international arbitration with the new ICCA-ASIL damages app”
Panel I: “The future of PPP contracts in Latin America: beyond pandemics and broken economic equilibrium”
Co-Moderators:
Tiago Duarte Silva – Charles River Associates (Boston)
Lucila “Luli” Hemmingsen – King & Spalding (New York)
Panelists:
María Inés Corrá – Bomchil(Buenos Aires)
Eric Franco – Engie Group (Lima)
Panel II:“Re-thinking the ‘New Business Rule’ – can or should income-based approaches be used to assess damages for non-operating projects?”
Moderator:
Craig Miles – King & Spalding (Houston)
Panelists:
Miguel A. Nakhle – Compass Lexecon (Houston)
Ina C. Popova – Debevoise & Plimpton (New York)
Christina L. Beharry – Foley Hoag (Washington, DC)
Mark Kantor – Independent Arbitrator (Washington, DC)
Thursday, December 9th, 2021
Panel III: “Impacts of the Covid pandemic on the assessment of damages in international arbitration”
Moderator:
Thierry Sénéchal – Finance for Impact
Panelists:
Irmgard Marboe – University of Vienna, Austria
Herfried Wöss – Wöss & Partners (Mexico City)
Roula Harfouche – HKA (London)
Panel IV:“Political and economic sanctions and the assessment of damages in international arbitration”
Moderator:
James Searby – Sapere Research Group (Washington, DC)
Panelists:
Brian Laca – Allen & Overly (New York)
Katie Hyman – Rimon Law (Washington, DC)
Chris Osborne – Osborne Associates (London)
Katarina Chovancova – Institute of State and Law of the Slovak Academy of Science
Q&A: This program will include optional audience participation in a Q&A with panelists.
Faculty
Keynote Speaker:
Catherine Amirfar is Co-Chair of Debevoise & Plimpton’s International Dispute Resolution Group and the Public International Law Group, and a member of the firm’s Management Committee. Her practice focuses on public international law, international commercial and treaty arbitration, and complex international commercial litigation. Ms. Amirfar currently serves as President of the American Society of International Law (ASIL), for which she has been co-hosting a podcast called “International Law Behind the Headlines.” ASIL is one of the most prestigious organizations within the field of international law, with 4,000 members from more than 100 nations.
Panel I:
Luli Hemmingsen, Partner, King & Spalding, New York. Luli is dual-qualified in civil law and common law (Buenos Aires and New York) and her practice focuses on commercial international arbitration, investor-state arbitration and public international law matters, with a particular emphasis in Latin America. In her almost two decades of practice, she has handled disputes conducted in English, Spanish and Portuguese, under most key arbitration rules and governed by various substantive laws. Her experience runs a broad gamut of industries, including infrastructure and construction, renewable energy, mining, oil & gas, finance and investments, M&A, real estate and international trade. Luli also sits as an arbitrator in international disputes.
Dr. Tiago Duarte-Silva is a testifying expert with more than 20 years of experience who has advised investors in investment banking and provided written and oral testimony or expert advice in over 140 disputes. At Charles River Associates, he has provided expert opinions and testified at trials, hearings, and depositions in domestic and international arbitrations, both commercial and treaty (e.g., ICSID, PCA, ICC, LCIA, HKIAC, JAMS, AAA, UNCITRAL), in US litigation (federal and state courts), in foreign litigation (Brazil and Australia), and before the US Department of Commerce. He has testified in English, Portuguese, and Spanish. He is also an Adjunct Professor at Boston College, where he teaches valuation to graduate and MBA students.
María Inés Corrá is co-head of the International Arbitration, Administrative Law and Economic Regulation areas at Bomchil, Argentina. She has almost 20-year experience in the arbitral practice, representing multinational companies both in investments and commercial international conflicts under the main rules of International Arbitration (such as ICSID, ICC, ICDR, UNCITRAL and other rules). She also acts as international arbitrator. María Inés is the President of the Arbitration Commission of ICC Argentina, member of the Board and Secretary of the Latin American Arbitration Association (ALArb), co-founder of Women Way in Arbitration LatAm and member of the Arbitration Committee of the IBA, among other roles and memberships. María Inés was recognized in 2013 as one of the inspiring women in law in Latin America by Latin Lawyer and is currently recognized as leading practitioner in Dispute Resolution and International Arbitration by the most distinguished publications, such as Chambers, Legal 500, GAR and Who’s Who Legal. María Inés is Professor of Arbitration and Mediation at the School of Law of the Universidad Torcuato Di Tella and regularly gives lectures at several international postgraduate courses.
Eric Franco, lawyer, arbitrator and lecturer. He has worked on construction and engineering projects and disputes in Latin America, Europe and Asia, as in-house counsel for owners and for an international contractor, as well as external counsel, arbitrator and legal expert. Eric currently works as disputes global expert at the Engie Group and is general counsel of Engie in Peru. Sits regularly as arbitrator and acts as legal expert. Lecturer on construction law and dispute resolution in Peru and visiting lecturer at Kings College London, Universidad de los Andes, Chile and Universidad Austral, Argentina. Holds an Msc in Construction Law and Dispute Resolution, Kings College London. Member of the ICC Latin American Group. Regularly speaks at local and international conferences and publishes articles on law and other topics. Founder of the Peruvian Society of Construction Law. Co-leader of one of the working groups of ICC’s task force on “Arbitration and ADR”. Member of ICC’s task force on “Arbitration of Climate Change Related Disputes”.
Panel II:
Craig Miles, Partner, King & Spalding, Houston. Craig has more than 25 years of experience 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 energy/infrastructure sectors and in Latin America.
Miguel A. Nakhle, Senior Vice President, Compass Lexecon, Houston. Miguel has more than 15 years of experience in economic and financial consulting. He has provided written and oral testimony or expert advice in over 40 treaty and commercial cases under ICSID, UNCITRAL, ICC, ICDR, LCIA, and other venues, as well as US litigation proceedings. He has conducted damages assessments in more than 20 countries, as well as economic, financial and regulatory analysis related to assets in oil & gas, power generation, telecommunications, utilities, consumer products, pharmaceuticals, air transportation, railways, hospitality and mining, with an emphasis in developing countries.
Ina C. Popova, Partner, Debevoise & Plimpton, New York. Ina is a partner in the firm’s International Dispute Resolution Group, and her practice focuses on international arbitration, international litigation and public international law. She is admitted to practice in Paris and New York and holds advanced degrees in English law. She sits as arbitrator and serves as counsel in a broad range of international matters and has particular experience in the energy, mining, and technology, media and telecommunications sectors. Fluent in several languages, Ina leads matters in English, Spanish and French, and she regularly handles complex disputes arising out of Latin America and Africa.
Christina Beharry is Counsel in Foley Hoag’s International Litigation and Arbitration Department in Washington, D.C. Prior to joining Foley Hoag, she practiced in the Trade Law Bureau of the Department of Foreign Affairs and International Trade where she represented the Government of Canada in investment disputes brought under NAFTA Chapter 11 and assisted in the negotiation of bilateral investment treaties. Ms. Beharry repeatedly assumes responsibility for damages arguments in high-stakes disputes with multi-million dollar claims. In addition, Ms. Beharry publishes regularly on compensation and valuation topics and has edited a book titled “Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration” (Brill Nijhoff, 2018).
Mark Kantor, Independent Arbitrator, Washington, DC. Until he retired from Milbank, Tweed, Hadley & McCloy LLP at the end of 1999, Mark was a partner in the Corporate and Project Finance Groups of the Firm. He currently serves as an arbitrator and mediator and teaches as an Adjunct Professor at the Georgetown University Law Center. Kantor is a member of the World Bank Group Sanctions Board. He serves as Editor-in-Chief of Transnational Dispute Resolution, the online journal. Among his notable publications is “Valuation for Arbitration: Compensation Standards, Valuations Methods and Expert Evidence” (Kluwer Law International 2008).
Panel III:
Thierry Sénéchal, Managing Director, Finance for Impact. He is an expert in corporate governance and finance, audit and oversight, as well as dispute system design. From 1997 to 2001, at the United Nations Security Council, he supervised the valuation and verification of claims brought against Iraq by Kuwaiti corporations and financial institutions. Over the past years, he has acted in international commercial arbitrations in various venues, including ICC, ICSID, LCIA, and has attended international conferences for presenting non-market valuation methodologies, especially in the fields of mass claims mechanism in the context of war and environmental damage assessment.
Irmgard Marboe, Professor of International Law, University of Vienna, Austria. She has widely published on the issue of compensation and damages in international investment law. Her book ‘Calculation of Compensation and Damages in International Investment Law’ (Oxford University Press, 1st edn 2009, 2nd edn 2017) is frequently quoted in investor-state arbitration cases. She is Co-Editor-in-Chief of “The Journal of Damages in International Arbitration” and a member of the panel of arbitrators for space-related disputes at the Permanent Court of Arbitration, The Hague. Other research interests include international space law and Islamic law.
Herfried Wöss, Partner, Wöss & Partners, Mexico City, Mexico. He is an international arbitrator highly specialized in complex arbitrations with respect to damages, infrastructure and energy projects, and has extensive experience in international commercial and investment arbitration under the ICC, UNCITRAL, ICSID, NAFTA and various local arbitration rules as arbitrator, party counsel and expert adjudicator. He is currently acting as president of different arbitral tribunals including a complex gas pipeline dispute while also representing one of the largest European energy companies in the first energy tariff arbitration in Mexico. Herfried published more than 40 publications in leading law reviews and editorials from arbitration to WTO law
Roula Harfouche, Partner, HKW. She is a Chartered Accountant with more than 20 years of experience across multiple industries. She has testified in both English and French and has worked on matters before the UK High Court, the UK Family Division, the Patents Court, the French Commercial Court and the Singapore International Commercial Court (SICC), and in mediation. Her vast international arbitration experience spans numerous forums including the LCIA, ICC, SCC, HKIAC, PCA, Cairo Regional Centre For International Commercial Arbitration (CRCICA), SCIA, and ICSID, and under the UNCITRAL rules. She is experienced in matters involving breaches of contract, investment treaty claims, transaction-related disputes and intellectual property infringements.
Panel IV:
James Searby is an expert witness with leading testifying experience in transnational arbitration. Former leader of FTI Consulting’s international arbitration practices in both the Americas and, previously, Asia Pacific. He provides expert witness and other consulting services, primarily relating to the assessment of monetary damages and related issues, to companies, governments, and law firms involved in disputes being addressed at international arbitration.
Brian Laca – Allen & Overy, New York
Katie Hyman – Rimon Law, Washington D.C.
Chris Osborne – Osborne Associates, London
Katarina Chovancova – Senior Research Fellow at the Institute of State and Law of the Slovak Academy of Science and Associate Professor (International Law) at Pan-European University.
CLE Credit & Conference Recording
NYS CLE credit (transitional and non-transitional) in the Areas of Professional Practice (5.5 hours total) and ageneral certificate of attendance will be provided upon request.
This conference will be recorded and may be made available by JURIS Publishing after the event. Audience members will not be visible in the recording.
If you have any questions about this conference, please contact marketing@jurispub.com.