Tenth Annual Leading Arbitrators’ Symposium. Vienna, Austria

April 14, 2014

Program Information

Juris Conferences LLC is pleased to present its Tenth 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.

Program Sessions Include:

• Effective Presentation of Evidence – Including Witness Statements and Cross-  Examination
• Hearing and Post-Hearing Activities
• Ethics and Behavior
• Effective and Efficient Management of Proceedings – Including the Preparation of Awards by Arbitrators

These topics are of critical importance to those interested in how international arbitrations can be effectively and fairly conducted. Audience questions and interactions with the various panels is encouraged.
Refer to the schedule and faculty list for complete conference agenda.

Co-Chairs

Grant Hanessian is Co-Chair of the International Arbitration Group at Baker & McKenzie’s New York office.  He is Vice Chairman of the Arbitration Committee of the USCIB and the US national committee of the ICC. Mr. Hanessian is a member of the ICC’s Commission on Arbitration and its Task Force on Arbitration Involving States or State Entities, the AAA – ICDR’s International Advisory Committee and Advisory Committee on Brazil, the New York State Bar Association Task Force on International Arbitration, the International Arbitration Club of New York, the Arbitration Committee of the International Institute for Conflict Prevention and Resolution, the New York City Bar Association’s International Law Committee and Club Español del Arbitraje, and is a founding board member of the New York International Arbitration Center.

Ugo Draetta is a Professor of International Law at the Catholic University of Milan. Mr. Draetta has held the positions of General Counsel and Secretary of Fiat SpA and Vice-President and Senior Counsel – International – of General Electric, US, London.  In 2000 he started his arbitration practice as Counsel and Arbitrator in international arbitration chambers and ad hoc arbitrations (ICC, UNCITRAL, Milan, Vienna and Madrid).  Mr Draetta also serves as a Consultant to major US and Italian corporations and is a Member of the Board of Directors of Nuovo Pignone SpA and Chairman of the Board of Directors of GE Water & Process Technologies Italy Srl

Faculty

C. Mark Baker is the Global Co-Head of International Arbitration of Norton Rose Fulbright.  He is  Director, New York International Arbitration Center; Chairman, AAA. International Advisory Committee; Advisory Director  LCIA – North American User Counsel Vice President and former Vice Chairman IBA – Dispute Resolution Section 

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.

Dominique Brown-Berset is a founding Partner of Brown&Page, a law firm with offices in Geneva and Nyon.  She practices mainly in the field of international arbitration and business transactions. She is listed, inter alia, on the HKIAC, JCAA, SIAC, and KLRCA panels of arbitrators. Ms. Brown-Berset has acted as counsel, co-counsel and arbitrator in more than 190 international arbitration cases around the world. She is president of the executive board of ArbitralWomen and is a member of the management board and the supervisory council of the Swiss Institute of Comparative Law (appointed by the Swiss government since 2006) and the Swiss Society of Jurists. She is a former Co-Chair of the Arbitration Committee of the International Bar Association and former International Vice President of the Chartered Institute of Arbitrators.

Michael W. Bühler is a Partner in Jones Day’s Paris office and Co-Head of the firm’s International Litigation and Arbitration Practice,.  He has represented major corporations and state-owned entities in more than 100 arbitrations.  Mr. Bühler acts as chairman, sole arbitrator, and party-appointed arbitrator in arbitrations worldwide.  He started his career as Counsel at the ICC International Court of Arbitration, of which he was the German member (1997-2009); was Co-Chair of the Task Force of the ICC Commission on Arbitration on the Revision of the ICC Arbitration Rules (2008-2011) and member of the ICC Commission on International Arbitration.

J. Brian Casey has more than 36 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.  He is a founding member of Bay Street Chambers, an arbitration boutique.  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

W. Laurence Criag is Senior Counsel in Orrick’s Paris office.  He brings more than 40 years’ experience to Orrick’s International Arbitration Group and has been dubbed a “founding father” of international arbitration.  He has served as Arbitrator and Counsel in numerous ICC AAA, LCIA, ICSID, CIETAC and ad hoc arbitrations.  Mr. Criag was Co-Chairman of the Drafting Committee for 2011 Revision of the ICC Rules.

Robert B. Davidson is the Executive Director of JAMS Arbitration Practice. He is 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.  Mr. Davidson’s panels include the ICC, CPR, NAI; CIETAC, HKIAC, Kuala Lumpur Regional Arbitration Centre and the AAA-ICDR. He is listed as one of the Leading International Arbitrators in the Chambers USA Guides, 2010-2013

Wulf Gordian Hauser is the Managing Partner of Hauser Partners Rechtsanwälte GmbH. He has served as chairman of the arbitral tribunal, sole arbitrator, party appointed arbitrator or counsel for a party in approximately 80 arbitrations at the ICC, the VIAC, LCIA, the WIPO Arbitration and Mediation Center, the UNCITRAL-rules and in other ad hoc arbitrations. He is an arbitrator with International Arbitral Centre of the Austrian Federal Economic Chamber and the Permanent Arbitration Court of the Chamber of Commerce, Vienna.

Kaj Hobér is a Partner in Mannheimer Swartling’s Stockholm office.  Mr. Hobér is a Professor of International Investment and Trade Law at Uppsala University and a Commissioner with the United National Compensation Commission in Geneva.  He was a member of the Board of the Arbitration Institute of the Stockholm Chamber of Commerce from 1992 to 2009. 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.

Sigvard Jarvin is a former General Counsel of the ICC and former Counsel and a Consultant at Jones Day in Paris.  He has acted as Chairman, sole arbitrator, or member of the tribunal in over 235 international arbitration proceedings, ad hoc (including UNCITRAL) and the ICC, AAA – ICDR, the Stockholm Chamber of Commerce, the Cairo Regional Centre for International Commercial Arbitration, UKASTA and the NAI.

Doug Jones is a Partner in Clayton Utz’s Sydney office and President of the Australian Centre for International Commercial Arbitration.  He has extensive experience as arbitrator and counsel in international and domestic arbitrations.  Mr Jones is a Member of the ICC Commission on Arbitration, former President of the Chartered Institute of Arbitrators (CIArb), Vice President of the Asia Pacific Regional Arbitration group (APRAG) and a Member of the LCIA.

Pierre A. Karrer is an independent arbitrator, Honorary President of ASA and Vice President of Stockholm Arbitration Institute of the SCC.  He has served as chairman and arbitrator in more than 250 commercial arbitrations.  Mr. Karrer’s appointments include the former Chairman of the Swiss National Committee of ICC, former Vice President of LCIA, and member of FCI Arb, DIS, Committee of French Arbitration and AAA-ICDR.

Vladimir Khvalei is a Partner in Baker & McKenzie’s Moscow office.  He heads the firm’s CIS Dispute Resolution Practice Group in Moscow.    He serves as Vice President of the ICC International Court of Arbitration, and is included in the list of arbitrators of the arbitration institutions in Austria, Russia, Belarus and Kazakhstan.  Mr. Khvalei handles international arbitration cases as a party counsel and arbitrator, particularly with respect to the arbitration rules of the ICAC, UNCITRAL, ICC and SCC.

Carolyn B. Lamm is a Partner in White & Case’s Washington, D.C. office.  Her practice concentrates on international dispute resolution through international arbitration, litigation and international trade proceedings.  She has substantial experience with ICSID and its Additional Facility, NAFTA and other international arbitral proceedings involving States, as well as commercial arbitral fora including AAA/ICDR, ICC, Vienna Centre, Stockholm Chamber, Swiss Chamber, and in federal court litigation.  Ms. Lamm is involved primarily in the representation of foreign corporate clients and foreign sovereigns.

Loukas Mistelis  is Director of the School of International Arbitration and the Clive M. Schmitthoff Professor of Transnational Commercial Law and Arbitration at Queen Mary, University of London. He is Chairman of Cyprus Eurasia Dispute Resolution and Arbitration Centre.  He is an acknowledged authority on international dispute resolution.  His arbitration experience covers ICC, ICSID, LCIA, UNCITRAL, SCC, Swiss Chambers and Moscow cases.

Alexis Mourre is a founding Partner of Castaldi Mourre & Partners.  He specializes in international arbitration and international litigation.  Mr. Mourre has served as counsel to party, co-arbitrator, sole arbitrator or expert in more than 160 international arbitral procedures, both ad hoc and before the most prominent arbitral institutions.  He is vice president of the ICC International Court of Arbitration and Past Chair of the IBA Arbitration Committee.

Lawrence W. Newman is Of Counsel in Baker & McKenzie’s New York office.  He practices mainly in the areas of international litigation and arbitration.  He represents clients in courts and before arbitration tribunals, and has served as arbitrator in cases under the rules of the AAA/ICDR and ICC.

Philippe Pinsolle is the Managing Partner in Quinn Emanuel Urquhart & Sullivan’s Paris office.  He has acted as counsel in more than 180 international arbitrations.  He has been involved in arbitrations under the auspices of virtually all major arbitration institutions including the ICC, the LCIA, the ICSID, the SCC, the AAA, the ICDR, the Swiss Chambers of Commerce, the AFA, as well as in ad hoc cases under the UNCITRAL rules or otherwise.  Philippe Pinsolle has also served as arbitrator in more than 35 cases, as well as expert witness on arbitration and French law issues.

Michael Polkinghorne is a Partner with White & Case in the Paris office.   He has served as Counsel and Arbitrator in arbitrations conducted under most major institutional rules and was the Australian member of the International Court of Arbitration of the ICC, where he is a member of the ICC Task Force on arbitrations involving state entities. He is a member of the Legal Advisory Taskforce of the European Energy Charter Secretariat, which prepared a new edition of their Model Intergovernmental and Host Government Agreements for Cross-Border Pipelines.

Hilmar Raeschke-Kessler practices law as Rechtsanwalt  beim Bundesgerichtshof (of which there are only 45 at the Bar of the German Federal Court of Justice).  He has acted as chairman, arbitrator and counsel in numerous international and national arbitrations. He also represents clients in enforcement or annulment proceedings of arbitral awards before the German Federal Court of Justice. Mr. Raeschke-Kessler was a Vice-Chair IBA – Committee D on Arbitration; Board.  He is a Member German Arbitration Institution – DIS; Member ICC – Commission on International Arbitration; Past vice-president London Court of International Arbitration – European Users Council

Stefan Riegler is a Partner in Baker & McKenzie’s Vienna office.  He has acted as a chariman, a sole- and a party-appointed arbitrator in arbitrations under the Vienna Rules and the ICC Rules and in ad hoc arbitrations.  Mr. Riegler is a founding member and former chairman of the Young Austrian Arbitration Practitioners, and is a member of various arbitration organizations. Prior to joining the Firm, he served as a partner of Wolf Theiss

Catherine Rogers is a Professor of Law at Penn State University, Dickinson School of Law and the Chair and Director of the Centre for Ethics, Regulation and The Rule of Law at Queen Mary College, University of London.  She is a scholar of international arbitration and professional ethics.  Professor Rogers is a reporter for the American Law Institute’s new Restatement of the Law (Third) of International Commercial Arbitration. 

Mauro Rubino-Sammartano is a Partner at LawFed-BRSA, which is the result of a merger between Rubino-Sammartano e Associati and Bianchi e Associati.  He is currently President of the European Court of Arbitration and of the Mediation Centre of Europe, the Mediterranean and Middle East.  Mr. Rubino-Sammartano has acted and regularly acts as chairman, party-appointed, sole arbitrator and counsel in a large number of arbitral proceedings and has more than 30 years’ experience in arbitration

Eric A. Schwartz is a Partner in King & Spalding’s New York and Paris offices and a member of the International Arbitration Practice Group.  He is a former Secretary General and current Vice-President of the ICC International Court of Arbitration.  Over the last 30 years, he has acted on behalf of some of the world’s largest companies, public authorities and sovereign states in international arbitration proceedings in all of the principal European arbitration venues, as well as in Africa, Asia and the U.S.   In addition to his work as counsel, Mr. Schwartz regularly sits as an arbitrator. He has appeared as chair, sole arbitrator or co-arbitrator in proceedings under the rules of the AAA, CIETAC, ICC, ICSID, LCIA, SCC and UNICTRAL in arbitrations throughout the world.

Fernando Mantilla-Serrano is a Partner in Shearman & Sterling’s International Arbitration Group. He has also served as sole arbitrator, party-appointed arbitrator or Chairman in domestic and international arbitral proceedings. Fernando Mantilla-Serrano is an expert on arbitration in Latin America.  Mr. Mantilla-Serrano joined Shearman & Sterling as a Partner in 2003. Prior to joining the firm, he was a Partner and Head of the International Arbitration Practice at Garrigues in Madrid. He is a member of the ICC International Court of Arbitration and Fellow of the Chartered Institute of Arbitrators.

Brigitte Stern is an international arbitrator and Emeritus Professor of International Law at the University of Paris I, Panthéon-Sorbonne.  She works as an international arbitrator (sole arbitrator, member or president) in numerous ICSID, ICC, NAFTA, Energy Charter Treaty and UNCITAL arbitration.  Ms. Stern is a. Former Member of the Administrative Tribunal of the Asian Development Bank; Member of the ICSID Panel of Conciliators and Arbitrators, designated by France; Member of the Indicative List of Governmental and Non-governmental Panelists of WTO, designated by France; Member and former Vice-President of the United Nations Administrative Tribunal.

Pierre Tercier was Chairman of the International Court of Arbitration of the International Chamber of Commerce. A Swiss national and Professor Emeritus at the University of Fribourg, Switzerland, Professor Tercier has more than 30 years’ experience of international and domestic arbitrations and other dispute resolution proceedings, having served as Arbitrator on numerous occasions in ICC, ICSID and other cases.

Janet Walker is one of the leading international dispute resolution specialists in Canada, based in Toronto and London.  She is a Professor of Law and former Associate Dean of Osgodoe Hall Law School, and the common law advisor to the Federal Courts Rules Committee.  Professor Walker has served as sole arbitrator, co-arbitrator and chair in ICC and ICDR arbitrations and she is active with ICC Canada, and the ICDR and CIETAC. She has been an International Advisor to the American Law Institute/Unidroit project on Principles and Rules of Transnational Civil Procedure.

Schedule

8:30 – 9:00 Registration
Coffee and Tea upon arrival

9:00-10:30 Working Session 1
Effective Presentation of Evidence – Including Witness Statements and Cross-Examination

Panel: C. Mark Baker — discussion Leader, Dominique Brown-Berset, Vladimir Khvalei, Loukas Mistelis, Mauro Rubion-Sammartano, Eric Schwartz, and Pierre Tercier

  • Different presentation styles in various legal systems: emphasis on oral or written evidence; 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?
  • Are PowerPoint’s good advocacy?
  • Presentation of evidence by videoconference. Is this 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?
  • Is witness conferencing effective? 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

10:30 – 11:00 Coffee/Tea Break

11:00 – 12:30 Working Session 2
Ethics and Behavior

Panel: Catherine Rodgers — discussion Leader, Alexander Bĕlohlávek, Laurence Craig, Robert Davidson, Michael Polkinghorne, Hilmar Raeschke- Kessler, and Stefan Riegler

  • Applicable ethical codes, for arbitrator and attorneys
  • Independence and impartiality of arbitrators; standards of impartiality
  • Arbitrators’ duty to disclose
  • 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
  • Ethical issues versus cultural differences, have we arrived at a global standard

12:30 – 13:30 Networking Luncheon

13:30 – 14:00 Keynote Speaker – George Kahale III

14:00 – 15:15 Working Session 3
Post-Hearing Activities

Panel: Lawrence Newman — discussion Leader, Steve Bond, Michael Büehler, Wulf Gordian Hauser, Sigvard Jarvin, Philippe Pinsolle, and Janet Walker

  • Post-hearing briefs and/or separate oral argument? Are post-hearing briefs disappearing from the scene? Their strengths and weaknesses? Should they be limited in scope /by topics (factual/technical/legal)?
  • Should closing submissions generally be limited to core issues? If so, how and when to identify them? “Positive” and “negative” list of issues? How much time after the evidentiary hearing? Page limits?
  • When is it justified to reopen the proceedings after they have been “closed?” How to best limit the risk of having to re-open the proceedings?
  • Should arbitrators start deliberating right after the evidentiary hearing? Dynamics of deliberation meetings and dissenting opinions
  • When should arbitrators start with the drafting of the award? Is there a way to allocate the drafting work within the tribunal?
  • Decisions on costs: to what extent counsel’s attitudes during the proceedings should be considered? To what extent in-house counsel costs should be considered?

15:15 – 16:00 Coffee/Tea Break

16:00 – 17:30 Working Session 4
Effective and Efficient Management of Proceedings

Panel: Kaj Hobér — discussion Leader, Brian Casey, Doug Jones, Pierre Karrer, Fernando Mantilla-Serrano, Alexis Mourre, and Brigitte Stern

  • Whose arbitration is it anyway: the extent of control the parties can expect to have over the way in which arbitrations are conducted; is it appropriate for arbitrators to impose their views regarding extent of discovery and time allowed for cross-examination?
  • Disconnects between the approaches parties and their lawyers may assume will be taken to the management of proceedings, whether arising from cultural differences or from idiosyncratic approaches taken by some arbitrators?
  • Expectations and realities as to time and cost; best practices for reducing time and costs?
  • How do arbitrators encourage parties to comply with the procedural directions? Using costs as a weapon? What else?
  • Is it efficient for a tribunal to appoint experts? When should the tribunal appoint an expert?
  • When a witness testifies in his own language but clearly is comfortable in the language of the arbitration – should the tribunal direct the witness to use that language in order to speed up the proceedings and avoid unfair advantages?
  • When the arbitrators are too busy; has the order introduced by the ICC, that arbitrators must indicate availability before accepting an appointment, achieved its purpose of speeding up the arbitrations?
  • What about the ICC’s requirement that the arbitrators must inform the Parties of the date by which they expect to submit their draft award? Has this reduced the delay in getting awards to the Parties? What other ways exist to achieve that goal?

17:30 – 19:00 Drinks Reception

Registration


Early Bird Special
Register with payment before Friday, March 14 and pay the following reduced rates

Tenth Annual Leading Arbitrators' Symposium
$595.00


Tenth Annual Leading Arbitrators' Symposium*
$375.00


*This rate is for Full-Time Academics, Full-Time Government Employees, and In-House Corporate Counsel ONLY.

20% OFF for RAA Members!

Accommodations

Tenth Annual Leading Arbitrators Symposium Hotel Registration Form

Rooms have been blocked for the nights of 12 April through 14 April at two locations:

The Grand Hotel Wien
Kaerntner Ring 9
A-1010 Vienna, Austria

at a special conference rate of € 275,00 through € 315,00 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 € 275,00 through € 295,00 per night (depending on room type) that includes all applicable taxes and fees.

Reservations must be received by 7 March, 2014 to receive the preferred conference rates. After 7 March, 2014 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:

Katharina Stiel, Banquet/Conference Manager
Grand Hotel Wien, Kaerntner Ring 9, 1010 Vienna, Austria
Tel: +43-1-515-80-1822 Fax: +43-1-515-80-14
E-mail: kstiel@jjwhotels.com Web: www.grandhotelwien.com


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