ITA-ASIL Conference

Corruption in International Arbitration: Evidence and Remedies

in Washington, D.C., USA

Hyatt Regency Capitol Hill
400 New Jersey Ave, NW
Washington, D.C. 20001

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

Past Event

Credits:3 hours MCLE credit available

Overview

Presented by the Institute for Transnational Arbitration of The Center for American and International Law and the American Society of International Law

The ½-day ITA-ASIL Conference is presented annually in Washington, D.C. by the ITA Academic Council and the American Society of International Law (ASIL) immediately preceding the ASIL Annual Meeting. Scholarship is the hallmark of this conference, the papers from which are published in the law journal World Arbitration and Mediation Review.

Download the Brochure (pdf)

For more details, download the online brochure.

The conference will focus on issues of corruption in international arbitration, both investor-state and commercial, from the perspective of counsel and arbitrators. Leading practitioners and arbitrators will assess challenges, consequences and effects of allegations or proof of corruption in the underlying arbitration claim. Specifically, the panelists will discuss issues of evidence, including burden and standard of proof and arbitrators’ duty to investigate and assist domestic proceedings. Panelists will also focus on the remedies that should be considered when corruption has been found to have taken place, including duties to report, dismissal or staying of a claim, and how claims of corruption may affect and limit the jurisdiction of the tribunal.

Highlights

  • Keynote Presentation: Everything You Always Wanted to Know About Foreign Bribery and Corruption But Were Afraid to Ask
  • Allegations of Corruption in the Underlying Claim:
    • The Evidentiary Challenges
    • What Remedies are Available to the Arbitral Tribunal

Conference Co-Chairs

Chiara Giorgetti
Associate Professor of Law
University of Richmond School of Law
Richmond, VA

Lucinda A. Low
Steptoe & Johnson LLP
Washington, DC

Schedule and Faculty

8:00 am


Registration and Continental Breakfast

9:00 am


Welcome and Introduction

  • R. Doak Bishop, Chair, ITA Advisory Board, King & Spalding, Houston

9:05 am


Keynote Presentation: Everything You Always Wanted to Know About Foreign Bribery and Corruption but Were Afraid to Ask

  • Nicola Bonucci, Director for Legal Affairs, Organisation for Economic Co-operation and Development (OECD), Paris

Conference Commentator:

  • W. Michael Reisman, Myres S. McDougal Professor of International Law, Yale Law School, New Haven

9:35 am


Allegations of Corruption in the Underlying Claims: The Evidentiary Challenges

This session will focus on the issues confronted by tribunals when allegations of corruption in the underlying claim are made, typically although not always by respondents in either investor-state or commercial claims. Should the standard of proof be any different with respect to such allegations? Are there situations that justify inversion of the burden of proof? Since not every case has the type of clear evidence that was available in the World Duty Free case, how should tribunals and counsel approach these fact-intensive issues? What is the relationship of arbitral proceedings to national proceedings?

Introduction and Moderator:

  • Lucinda A. Low, Conference Co-Chair, Steptoe & Johnson LLP, Washington, D.C.

Panelists:

  • Andrea J. Menaker, White & Case LLP, Washington, D.C.
  • Stanimir A. Alexandrov, Sidley & Austin LLP, Washington D.C.

Commentary and Q&A

10:45 am


Break

11:05 am


Allegations of Corruption in the Underlying Claims: What Remedies are Available to the Arbitral Tribunal?

This panel will address the fundamental issue of what arbitrators can and should do when there are allegations – and sufficient proof – of corruption in the underlying claim. Specifically, the panelists will discuss and assess available remedies. Questions addressed will include: What duties to report does the tribunal have in case of alleged or suspected corruption? How should a tribunal respond to a pending investigation by domestic courts? What should the tribunal do if corruption is found? Should the case be dismissed? Does it depend on the nature of the corruption? How does the law of state responsibility, succession and attribution apply in this context? How should the Tribunal consider issues of unjust enrichment and compensation?

Introduction and Moderator:

  • Chiara Giorgetti, Conference Co-Chair, Associate Professor of Law, University of Richmond School of Law, Richmond, Virginia

Panelists:

  • Hon. Charles N. Brower, Iran-U.S. Claims Tribunal, The Hague; 20 Essex Street Chambers, London
  • John Crook, George Washington University Law School, Washington, D.C.

Commentary and Q&A

12:15 pm


Concluding Remarks

  • Prof. Andrea K. Bjorklund, Chair, ITA Academic Council, L. Yves Fortier Chair in International Arbitration and International Commercial Law, McGill University Faculty of Law, Montreal

12:20 pm


Networking Luncheon

Conference papers will also be published in the 2015:3 issue of ITA’s law journal, World Arbitration and Mediation Review.

For information and to register for the ASIL Annual Meeting, April 8-11, 2015, also presented at the Hyatt Regency Capitol Hill Hotel, please visit: www.asil.org/annualmeeting.

CLE Credits

MCLE Credit

This program is approved by the State Bar of Texas for 3.0 hours, no ethics. Course ID Number: 901309993. Credit hours for other states will vary and are subject to each state’s approval and credit rounding rules.

For this conference, ITA will directly apply (if requested) for course accreditation in the following states: California, Minnesota, New Mexico, Ohio, Oklahoma, Pennsylvania, Texas and Virginia. Some of these states may not approve a program for credit hours before the program occurs. Attorneys may be eligible to receive CLE credit through reciprocity or attorney self-submission in other states. ITA conferences are typically accredited by all mandatory CLE states.

Hotel Information

The ITA-ASIL Conference and 109th ASIL Annual Meeting will take place at the Hyatt Regency Capitol Hill hotel.  ASIL has secured a very limited number of sleeping rooms with special rates at the host hotel.  

Hyatt Regency Capitol Hill
400 New Jersey Ave, NW
Washington, D.C. 20001

Rate:  $189 per night plus taxes and fees

Online Reservations:  https://resweb.passkey.com/go/SocietyInternationalLaw2015

For reservations call toll free +1.888.421.1442 and be sure to mention American Society of International Law to receive the discounted group rate of $189 plus taxes and fees.  Please book now, we have a very limited number of sleeping rooms. 

Conference Luncheon - $2,000 each

  • Recognition in the Conference brochure, which will be mailed and/or emailed to several thousand interested counsel in the U.S. and abroad and will reach many thousands more through web announcements
  • Recognition at the Conference website
  • Recognition at the Luncheon
  • 1 complimentary registrant at the Conference
  • Up to 2 complimentary guests at the Luncheon
  • An opportunity to display company/firm materials at the event or at the Conference
  • Post-conference recognition at ITA’s website and in its quarterly News & Notes

For further information, please contact ITA Director David Winn, +1.972.244.3412; dwinn@cailaw.org.

Transportation Information

Area Airports

From Ronald Reagan Washington National Airport (DCA):

Hotel directions: 4.6 miles / 10 mins.
Driving directions: Take George Washington Pkwy. Exit on I-395 N. to Washington. Follow signs to I-395 N./U.S. Capitol. Take the exit for US Senate/D Street/I-395 N. Stay in right lane through two tunnels. In the second tunnel, pass the US Capitol exit to D St. Turn right at the light at the end of the tunnel onto D St. Go to 2nd traffic light and turn left onto New Jersey Ave. Hyatt Regency Washington is on the left. 

From Dulles International Airport (IAD):

Hotel directions: 27.6 miles / 35 mins.
Driving directions: Follow signs to Washington D.C. on Dulles Toll/Access Rd. Follow center lane (no toll) to I-66 E. to Washington. Cross Roosevelt Bridge. Follow signs to Constitution Ave. toward U.S. Capitol. Proceed 2.5 miles. Turn left onto Louisiana Ave., NW. Travel to 3rd light. Turn left on New Jersey Ave. Hyatt Regency Washington is on the left. 

From Baltimore/Washington International Airport (BWI):

Hotel directions: 31.7 miles / 55 mins.
Driving directions: Exit airport on I-195 W. Merge onto MD-295 S. via exit 2B toward Washington. Merge onto New York Ave NE/US-50 to Washington. Stay on New York Ave. for four miles. Make a left onto N. Capital Street, proceed for one mile. Make a right onto E St., proceed for one block. Make a left onto New Jersey Ave. Our downtown Washington DC area hotel is on the right.  

Want to Book Your Transportation?

Take the stress out of travel and allow us to book your transportation. Book Now or call 202.737.1234.

Hotel Parking

Hyatt Regency Washington on Capitol Hill, DC Parking

To make it easier to get around the DC metro area, Hyatt Regency Washington on Capitol Hill is pleased to offer on-property indoor valet parking in Washington, DC at the rate of $52 per night (including 24-hour in/out privileges) for hotel guests.

Our Washington, DC parking garage has a clearance of 6 feet. Van & RV parking is available at Union Station (2 blocks from the hotel). For SUVs and vans, the cost for valet parking is $58.00 per night, with limited space available. Self-parking is not available.

For conference attendees and visitors to our DC metro hotel, hourly valet parking Washington, DC is available:

  • 0-1 hours - $28.00
  • 1-2 hours - $33.00
  • 2-10 hours - $38.00
  • 10-24 hours - $52.00
  • Overnight - $52.00
  • Oversized Vehicle: $58.00

Other Information

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

Luncheon Sponsors