ITA-ASIL Conference

A Spotlight on Ethics in International Arbitration: Advocates, Arbitrators and Awards

in Washington, D.C., USA

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

Online registration is closed. You can still register by bringing a completed registration form to the registration desk.

Past Event

Credits:MCLE Credit will be 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.

This conference will focus on several current vigorously debated issues regarding the ethical obligations of arbitrators and advocates in international arbitration. The conference will first explore the relationship between the proper role of the arbitrator and the ethical obligations that follow from that role, and then conclude with a roundtable discussion on how best to regulate ethical matters involving advocates in future international arbitrations.

Download the Brochure (pdf)

For more details, download the online brochure.

Conference Co-Chairs

Erin O’Hara O’Connor
Vanderbilt University School of Law
Nashville, TN

Ank Santens
White & Case LLP
New York, NY

Schedule and Faculty

8:00 am


Registration and Continental Breakfast

9:00 am


Welcome and Introduction

  • Abby Cohen Smutny, Chair, ITA Advisory Board, White & Case LLP, Washington, D.C.

9:05 am


Keynote Address: Should Arbitral Awards be Right, or Just Enforceable?

Under the legal framework for international arbitration, errors of fact or law are generally not a basis for invalidating an arbitral award and a substantively erroneous award is enforceable around the world. Does this mean that the task of an arbitrator is only to render an enforceable award, or is there some duty to “get it right”? If there is such a duty, what are its source and nature? Is it an ethical obligation?

  • The Hon. Ian Binnie C.C. Q.C., former Justice of the Supreme Court of Canada, Toronto

Conference Commentator:

  • Prof. Victoria Shannon Sahani, Washington & Lee University School of Law, Lexington

9:35 am


Arbitrator Ethics Through the Lens of Arbitrator Role: Are Arbitrators Adjudicators or Service Providers?

How does the role of the arbitrator shape his or her professional and ethical responsibilities? If the role of the arbitrator is that of service provider, does the arbitrator need do no more than provide a fair process and render a decision that can be executed and enforced? If the arbitrator’s role is that of adjudicator, does the arbitrator have a broader set of responsibilities, such as obligations to provide reasons, apply the law and arbitral precedents, impose mandatory rules different from the governing law, and investigate possible corruption or fraud? Further, are immunity rules more justifiable when the arbitrator is an adjudicator and less justifiable if the arbitrator is a service provider?

Introduction and Moderator:

  • Ank Santens, White & Case LLP, New York

Panelists:

  • Prof. Margaret L. Moses, Loyola University Chicago School of Law, Chicago
  • Laurence Shore, Herbert Smith Freehills New York LLP, New York

Roundtable and Q&A

10:45 am


Break

11:05 am


Who Should Regulate the Advocates and What Should be Regulated?  The Future of Ethics Regulation in International Arbitration

There is increasing consensus that there should be some regulation of advocates in international arbitration, but no consensus on what should be regulated and how. Should arbitrators, arbitral institutions, or bar associations take the lead in providing ethical constraints on party conduct, or should this instead be the subject of an international instrument? Or is a differentiated approach in order, depending on the issues in question?

Introduction and Moderator:

  • Prof. Erin O’Hara O’Connor, Vanderbilt Law School, Nashville

Panelists:

  • R. Doak Bishop, King & Spalding LLP, Houston
  • Prof. Marie-Claude Rigaud, University of Montreal and Canadian Bar Association, Ethics and Professional Responsibility Committee, Montreal
  • Mairée Uran Bidegain, Legal Counsel, International Centre for Settlement of Investment Disputes (ICSID), Washington, D.C.

Roundtable and Q&A

12:15 pm


Concluding Remarks

  • Prof. Susan D. Franck, Chair, ITA Academic Council, Washington & Lee University School of Law, Lexington, Virginia

12:20 pm


Networking Luncheon

CLE Credit

MCLE Credit

This program is approved by the State Bar of Texas for 2.75 hours, including 2.75 hour of ethics. Course ID Number: 901343627. 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 will be taking place at the Hyatt Regency Capitol Hill (400 New Jersey Avenue, NW, Washington, DC 20001). A discounted room rate is available for Annual Meeting attendees, starting at $199/night. 

There is a limited number of rooms available at the discounted rate, so book rooms early.

Online Reservations:
https://resweb.passkey.com/go/AmSocIntLawMarch2016

For reservations contact the hotel by telephone at +1.888.421.1442. Be sure to mention that you are an attendee of the "American Society of International Law Annual Meeting" in order to obtain the discounted room rate.

Sponsorship Opportunities

Conference Luncheon - $2,500 each

  • Exposure to thousands of ITA and ASIL constituents
  • Recognition as a Sponsor on the conference websites, in the conference brochure, in e-marketing and at the conference
  • Name/logo on the conference website with link to firm/company page
  • Recognition at the Luncheon
  • 2 complimentary registrants at the conference
  • Up to 3 complimentary guests at the Luncheon
  • Space for promotional materials at the conference
  • Post-conference recognition at ITA’s website and in its quarterly News & Notes

Conference Coffee Breaks - $2,000 each

  • Exposure to thousands of ITA and ASIL constituents
  • Recognition as a Sponsor on the conference websites, in the conference brochure, in e-marketing and at the conference
  • Name/logo on the conference website with link to firm/company page
  • 1 complimentary registrant at the conference
  • Space for promotional materials at the conference
  • Post-conference recognition at ITA’s website and in its quarterly News & Notes

Exhibitor - $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 website and in its newsletter, News and Notes

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

Luncheon Sponsor

Exhibitor