26th Annual ITA Workshop

Modern Enforcement of Arbitral Awards: “Show Me the Money”

- in Dallas, Texas, USA

Westin Galleria Hotel
13350 Dallas Parkway
Dallas, Texas 75240

Online registration is closed.  Please bring your completed registration form to the door. 

Past Event

Credits:MCLE Credit will be available

Overview

The ITA Workshop, held in Dallas on the third Thursday in June every year since 1989, is widely recognized as the leading conference in the field in the United States. As one participant summarized succinctly, “It is the forum in which legitimate top practitioners gather annually. Thus, the topics are sophisticated, the networking is legitimate, and the social element is valuable.”

Members of ITA and its Academic Council, Board of Reporters, Board of Editors and the Workshop faculty will reassemble the following morning (June 20) for the annual ITA Forum and other membership activities.

Download the Brochure (pdf)

For more details, download the online brochure.

Highlights:

  • The #1 annual international arbitration conference in America
  • Featured Luncheon Speaker: Hon. Bernardo Sepúlveda-Amor, Vice President, International Court of Justice
  • Welcome Reception at the Bush Presidential Library and other special networking events
  • Mock scenes and expert panels on award enforcement expectations, realities, risks and strategies
  • Survey results on grounds successfully advanced for setting aside awards in NY Convention Jurisdictions
  • Young Arbitrators Roundtable
  • ITA Members attend the Workshop and all membership activities for free, including the Advisory Board Annual Dinner at the Dallas Country Club 

Become an ITA Member

Though the Workshop is of course open to anyone interested in international arbitration, the best way to attend is as a member of the Advisory Board. The cost is about the same but the benefits are much greater. The primary ITA membership annual events are held immediately following the Workshop, including the Advisory Board Annual Dinner that night, and the Advisory Board committee meetings and the acclaimed off-the-record ITA Friday Forum the following day. Advisory Board members attend the entire Workshop and all membership activities for free.

APPLY FOR ITA MEMBERSHIP ONLINE

Conference Co-Chairs

Mark Feldman
Peking University School of Transnational Law
Shenzhen, China

Mark Kantor
Independent Arbitrator
Washington, D.C.

James L. Loftis
Vinson & Elkins RLLP
London, United Kingdom

Constantine Partasides QC
Three Crowns LLP
London, United Kingdom

Introduction

Enforceability of awards is often touted as the key advantage of the arbitral process over litigation. Indeed, on one view, the only objective measure of whether a particular arbitration has been a success is whether, at the end of the day, the resulting award is complied with or, if not, effectively judicially enforced. Enforcement is therefore a primary justification for the arbitral system and a preoccupation that pervades the entire process, and it is the key, and often in practice the only, point of contact between a given arbitration and national legal systems. Some argue that when it 'works' - when an award is enforced - it is the strongest selling point for arbitration; when it doesn't, it calls into question the credibility of the whole system. Others argue that careful judicial review before enforcing an arbitration award is essential to the legitimacy of the arbitral system. As such, this is a topic that will appeal beyond arbitration aficionados – specialist advocates and arbitrators – to a broader constituency of corporate users and those for whom arbitration is only a part-time specialism.

Against this backdrop, the Workshop this year will focus on challenges to effective enforcement, both old and new. This will allow a fresh dialogue on some of the classic intellectual issues in our field. It will also provide practical pointers to robust enforcement strategies and novel approaches to getting value out of arbitration claims, with contributions from non-legal constituencies who can bring new ideas into the conversation.

ITA Workshop Schedule and Faculty

Wednesday, June 18

3:00 pm


Registration

3:30 pm


Welcome to the Workshop

R. Doak Bishop, ITA Chair, King & Spalding LLP, Houston

Young Arbitrators Dallas Roundtable

Presented by the
ITA Young Arbitrators Initiative Committee

3:45 pm


Enforcement Against Bankrupt/Insolvent Companies

In light of the serious financial and social crises facing a number of significant countries in the global economy, the solvency of parties in international arbitration becomes an increasing problem that impacts practitioners’ strategies when initiating arbitrations, when seeking interim relief during an arbitration and when seeking enforcement of an award. This panel of experienced arbitration lawyers will discuss some of the issues that arise in international arbitration when confronting companies on the verge of bankruptcy or already adjudicated as bankrupt and offer possible solutions.

Moderator:

Valeria Galíndez, Uría Menéndez, São Paulo, Chair, ITA Young Arbitrators Initiative Committee

Panelists:
  • Jennifer Gorskie, Chaffetz Lindsey LLP, New York
  • John Adam, Lathan & Watkins LLP, Paris
  • Montserrat Manzano, Von Wobeser y Sierra, Mexico City

4:30 pm


Break

4:50 pm


Provisional Measures to Secure Enforcement

The increased use of dilatory tactics and strategies aimed at concealing assets vulnerable to attachment is leading practitioners to search for different mechanisms for securing assets for future enforcement of arbitral awards. This panel will discuss the convenience, requirements and efficiency of provisional measures and other forms of interim relief to secure assets for enforcement.

Moderator:

Ank Santens, White & Case LLP, New York

Panelists:
  • Natalie Reid, Debevoise & Plimpton LLP, New York
  • Viren Mascarenhas, Freshfields Bruckhaus Deringer LLP, New York
  • Cecilia Flores, Haynes and Boone, LLP, Mexico City

5:30 pm


Closing Remarks

5:30-6:30 pm


Workshop Welcome Reception

7:00-9:00 pm


Workshop Dinner Reception - SOLD OUT (optional)

Café 43, George W. Bush Presidential Library

(Sold out - Registration is no longer available for the dinner)

Thursday, June 19, 2014

8:50 am


Welcome

R. Doak Bishop, ITA Chair, King & Spalding LLP, Houston

9:00 am


The Expectation: How Important is Enforcement in the Choice of International Arbitration?

This panel will provide insight into how corporate legal departments evaluate litigation risk and enforcement risk and the role enforcement plays in making choices, how external counsel advise them, and how they pick which cases to fight and which to settle (and the extent to which enforcement risk plays into this).

Moderator:

Kevin O’Gorman, Norton Rose Fulbright, Houston

Panelists:
  • Michael S. Goldberg, Baker Botts L.L.P., Houston
  • Karl Hennessee, Vice President, Public Law & Technology – Halliburton Energy Services, Houston
  • Gregory Odry, General Counsel, GDF Suez Energia Centroamerica, Panama

9:45 am


The Present Reality: How Well Does Enforceability Hold Up in Practice?

Including a Presentation of the Results of ITA’s 2014 Survey on Enforcement Experience in New York Convention Jurisdictions

Addressing the following:

i. The Queen Mary/White & Case 2010 survey on enforcement statistics, and any updates thereto
ii. Key examples of significant ‘wins’ that were successfully enforced, and others that have been successfully undone at the enforcement stage
iii. Compare the enforcement picture for arbitration awards (facts/figures) versus enforcement of judgments from other fora (update on developments re Hague Convention on the Recognition and Enforcement of Foreign Judgments)
iv. 2014 ITA survey results

Moderator:

James L. Loftis, Workshop Co-Chair, Vinson & Elkins LLP, London

Panelists:
  • Mark Lowes, Vice President for Litigation, KBR, Inc., Houston
  • Gaëtan Verhoosel, Three Crowns LLP, London
  • Reinmar Wolff, University of Marburg, Marburg

10:50 am


Break

11:10 am


Morning Mock: Enforcement Strategy Starts Early: Choosing the Seat of the Arbitration

Introduction: Mark Feldman, Workshop Co-Chair, Peking University, School of Transnational Law, Shenzhen

When Beijing-based Baobao, Inc. negotiates a concession agreement for the construction of an airport terminal in east Africa, counsel and clients weigh options for selecting the arbitral situs. Both traditional (London, Paris) and emerging (Hong Kong, Singapore, Mauritius, Bahrain, Miami) venues are considered. Enforcement-related factors such as risk of set-aside and location of assets feature prominently in the discussion.

  • In-House Counsel - Fedelma Claire Smith
  • Outside Counsel - Jack J. Coe, Jr.
  • Outside Counsel - Claudia Salomon
  • Private Investigator - Ank Santens

12:00-1:45 pm


Luncheon

The Hon. Bernardo Sepúlveda-Amor, Vice President, International Court of Justice, The Hague and Mexico City

1:45 pm


Recent Challenges to Enforcement in the Investment Treaty Field

Roundtable discussion of key enforcement-related issues that have emerged in the investment treaty arbitration context, including immunity from execution, the role of arbitral institutions and States in supporting enforcement, post-award settlements, and enforcement against investors and third parties.

Moderator:

Sabine Konrad, McDermott Will & Emery LLP, Frankfurt

Panelists:
  • Dolores Bentolila, Winston and Strawn LLP, Geneva
  • Karel Daele, Mishcon de Reya, London
  • Martina Polasek, Senior Counsel, International Centre for Settlement of Investment Disputes (ICSID), Washington, D.C.

2:30 pm


The Market for Awards

This presentation about third party funding and monetization of awards will provide an eye-opening perspective on awards as financial assets, discussing the financing and sale of awards and enforcement by those who purchase them.

Moderator:

Alvaro Galindo, Dechert LLP, Washington, D.C.

Panelists:

  • Victoria Shannon, Assistant Professor of Law, Washington & Lee University School of Law, Lexington
  • Mick Smith, Partner & Co-Founder, Calunius Capital LLP, London
  • Maxi Scherer, WilmerHale LLP & Queen Mary University of London, London

3:15 pm


Break

3:35 pm


Afternoon Mock: 21st Century Enforcement Strategies

Introduction: Elizabeth Snodgrass, Freshfields Bruckhaus Deringer LLP, London 

When Apex Oil Corp's favorable arbitral award against the National Oil Company of Puritania is set aside on spurious grounds in Puritania, the place of arbitration, counsel and clients convene to consider options for realizing value from the award and putting pressure on the counterparty voluntarily to comply with the award. The group considers the prospects for enforcement outside of Puritania notwithstanding the annulment of the award, cutting edge methods for locating assets to enforce against and indirect support to enforcement such as the suspension of generalized trade preferences or other political levers.

  • In-House General Counsel - John Fellas
  • In-House Counsel - Tomasz Sikora
  • Outside Counsel - Elizabeth Snodgrass
  • Asset Tracer - Jim Mintz

4:25 pm


The Spectre of Enforcement Risk and Inefficient Arbitral Procedures

This panel of experienced arbitrators and counsel will examine the tension between efficient procedures and enforcement risk in the setting and enforcing of procedural orders in international arbitration.

Moderator:

Eduardo Zuleta, Gómez-Pinzón Zuleta, Bogotá

Panelists:
  • Michael Evan Jaffe, Pillsbury, Washington, D.C.
  • Jean E. Kalicki, Arnold & Porter, Washington, D.C.
  • Elisabeth Eljuri, Norton Rose Fulbright, Caracas

5:10 pm


Concluding Remarks

Mr. Bishop

6:30-9:00 pm


ITA Advisory Board Dinner
(Advisory Board members, Academic Council, Board of Reporters, Board of Editors and Workshop faculty)

Dallas Country Club
(Buses will depart from the hotel lobby at 6:10 and will return to the hotel at the end of the evening)

**If you are not a member of the ITA Advisory Board, join now. Advisory Board members attend the Workshop, the Advisory Board Dinner and the ITA Forum for free.**

ITA Forum

Friday, June 20

9:00-12:00 Noon


ITA Forum
(Advisory Board members, Academic Council, Board of Reporters, Board of Editors and Workshop Faculty)

**If you are not a member of the ITA Advisory Board, join now. Advisory Board members attend the Workshop, the Advisory Board Dinner and the ITA Forum for free.**

Dallas Networking Adventure

Friday, June 20

3:00-8:30 pm


Dallas Networking Adventure (optional)

  • George W. Bush Presidential Library Museum
  • Mi Cocina Restaurant, Lakewood

A bus will depart from the Westin Galleria Hotel lobby at 2:30 pm and will return to the hotel at about 8:00. Then, for those who wish to continue, country and western dancing at Midnight Rodeo.

Don’t miss this unique networking opportunity. Tickets are $85 per person*. Please register on your registration form.
*Price includes museum tickets, a magnifico Tex-Mex dinner, and transportation to and from the hotel.

CLE Credits

MCLE Credit

The Workshop is approved for 6.25 hours (no ethics). Course ID 901292147. The Roundtable is approved by the State Bar of Texas for 1.5 hours (no ethics). Course ID 901292146. Sign-in sheets and/or certificates of attendance will be available for ALL U.S. states.

Specialization Credit

This Workshop is approved by the Texas Board of Legal Specialization for 6.25 hours in the following areas: Family Law and Labor and Employment Law.  The Roundtable is approved by the Texas Board of Legal Specialization for 1.5 hours in the following areas: Family Law and Labor and Labor Employment Law

Hotel Information

Westin Galleria Hotel
13350 Dallas Parkway
Dallas, Texas 75240
Rate: $175 night

BOOK HOTEL ONLINE

For reservations call +1.972.934.9494 and be sure to mention 26th Annual ITA Workshop to receive the discounted group rate. The deadline to receive the discounted rate is Friday, May 23, 2014.

Sponsorship Opportunities

Workshop Luncheon - $3,500 each
June 19, 2014
Luncheon Address: Hon. Bernardo Sepúlveda-Amor, Vice President, International Court of Justice

  • Recognition in the Workshop brochure, which will be mailed and/or emailed to over 2,500 interested counsel in the U.S. and abroad
  • Recognition at the Workshop website
  • Recognition at the Luncheon
  • 2 complimentary registrations for the Workshop (regular tuition is $645)
  • 2 complimentary guests for the Luncheon
  • (Space permitting), a seat at the Luncheon head table
  • An opportunity to display company/firm materials at the Workshop
  • Post-conference recognition on the ITA’s website and in its newsletter, News and Notes

Workshop Dinner Reception - $3,000 each
June 18, 2014
George W. Bush Presidential Library

  • Recognition in the Workshop brochure, which will be mailed and/or emailed to over 2,500 interested counsel in the U.S. and abroad
  • Recognition at the Workshop website
  • Recognition at the Welcome Reception
  • 2 complimentary registrations for the Workshop (regular tuition is $645)
  • 2 complimentary guests for the Dinner
  • An opportunity to display company/firm materials at the Workshop
  • Post-conference recognition on the ITA’s website and in its newsletter, News and Notes

Workshop Welcome Reception - $2,500 each
June 18, 2014

  • Recognition in the Workshop brochure, which will be mailed and/or emailed to over 2,500 interested counsel in the U.S. and abroad
  • Recognition at the Workshop website
  • Recognition at the Welcome Reception
  • 2 complimentary registrations for the Workshop (regular tuition is $645)
  • An opportunity to display company/firm materials at the Workshop
  • Post-conference recognition on the ITA’s website and in its newsletter, News and Notes

Dallas Roundtable - $1,500 each
June 18, 2014
Presented by ITA Young Arbitrators Initiative

  • Recognition in the ITA Workshop/Roundtable brochure, in e-marketing (to over 2,500 interested counsel), online, and at the Roundtable itself
  • 2 complimentary registrants for the Roundtable and Welcome Reception
  • 1 complimentary registration for the entire Workshop (including the Roundtable) (regular tuition is $645)
  • An opportunity to display promotional materials at the Workshop (including the Roundtable)
  • Post-conference recognition on the ITA’s website and in its newsletter, News and Notes

Exhibitor June 18-19, 2014 - $1,500 each

  • Space to display company/firm materials at the conference.
  • Name/logo on Conference website with link to company page.
  • Post-conference recognition on the ITA’s website and in its newsletter, News and Notes

Dallas Networking Adventure - $750 each
June 20, 2014
(An informal afternoon and evening exploration of Dallas including dinner)

  • Recognition in the ITA Workshop/Roundtable brochure, in e-marketing (to over 2,500 interested counsel), and online at the Workshop website
  • 2 complimentary registrants for the Adventure, including dinner (regular ticket fee is $85)
  • Post-conference recognition on the ITA’s website and in its newsletter, News and Notes

Other Information

Press Policy

All ITA conferences are held under the Chatham House Rule. Participants, including journalists, are free to use any information received, but comments may not be attributed to any speaker identified by name or affiliation.

Nondiscriminatory Policy

The Center for American and International Law does not discriminate on the basis of race, color, sex, religion, national origin, age, disability, veteran status or any other protected status in educational activities, scholarship programs or admissions.

Registrar: +1.972.244.3404
ITA: +1.972.244.3414
Fax: +1.972.244.3401
E-Mail: ita@cailaw.org

Welcome Reception Sponsors

Workshop Luncheon Sponsors

Workshop Dinner Reception Sponsor