28th Annual ITA Workshop

When Justice Delayed Would Be Justice Denied: Emergency Arbitrators and Interim Measures in International Arbitration

- in Dallas, Texas, USA

Westin Galleria Hotel
13340 Dallas Parkway
Dallas, Texas 75240

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

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 19) for the annual ITA Forum and other membership activities.

Download the Brochure (pdf)

For more details, download the online brochure.

Conference Co-Chairs

Shahla Ali
University of Hong Kong
Hong Kong
David Brynmor Thomas
Thirty Nine Essex Chambers
London
Jennifer Kirby
Kirby
Paris

Introduction to the Workshop

Is your adversary about to destroy evidence? Or secrete assets? Is your joint venture partner about to hold a board or shareholders meeting without you? Has a state forced you off a construction site at gunpoint and wrongfully imprisoned your CEO?

Sometimes parties need help and fast. Over the past decade, the availability of interim relief in international arbitration has expanded to meet their needs. UNCITRAL has revised its Arbitration Rules and Model Law on International Commercial Arbitration to expressly empower arbitrators to issue interim measures and encourage national courts to enforce them. And arbitral institutions around the world have updated their rules to clarify the power of arbitrators to issue interim relief and provide for “emergency arbitrators” who can step in and grant interim measures even before an arbitral tribunal is constituted.

In this year’s annual program, the ITA will explore these important developments. Through a series of panels and mock scenarios, international arbitration experts from around the world will discuss the types of interim relief parties most frequently seek and the standards arbitral tribunals apply in deciding whether or not that relief should be granted. They will also consider when a party might be better off seeking interim relief from a national court than an arbitrator and vice versa. In addition, practitioners from both common-law and civil-law countries will debate the special ethical issues counsel face when seeking interim measures, and address the peculiar challenges parties face in seeking interim measures against states. The participants will also examine the extent to which national courts are willing to enforce arbitral awards granting interim measures under the New York Convention and the circumstances that make enforcement more or less likely.

Schedule and Faculty

Download the Faculty Bios (pdf)

Wednesday, June 15, 2016

3:00 pm


Registration

3:30 pm


Welcome to the Workshop

  • Abby Cohen Smutny, Chair, ITA Advisory Board, White & Case, Washington, DC

Young Arbitrators Dallas Roundtable

Presented by the
ITA Young Arbitrators Initiative Committee

3:35 pm


Welcome to the Roundtable

  • Montserrat Manzano, Chair, ITA Young Arbitrators Initiative Committee, Von Wobeser y Sierra, S.C., Mexico City

3:40 pm


How do Arbitration Counsel and In-House Counsel Assess Risks Before Pursuing a Claim or Settling a Dispute?

How to manage disputes and how to best manage them. Aside from the legal risks, the financial, business, and operational risks are usually assessed before initiating a claim in order to increase the likelihood of success. Our panelists will share the perspective of both in-house and outside counsel and comment on their experience in risk management and evaluating cases. Adequate risk assessment before pursuing or settling a claim translates into repeated resort by the business community to International Arbitration as an efficient way to achieve their goals.

Moderator:

  • Montserrat Manzano, Von Wobeser y Sierra, S.C., Mexico City

Panelists:

  • Santiago Dellepiane, Compass Lexecon, New York
  • Elsa Ortega, Ortega y Gómez Ruano, S.C, Mexico City
  • Teresa Garcia Reyes, Senior Counsel - Litigation, GE Oil & Gas, Houston

4:25 pm


Break

4:40 pm


What Litigation Tools Can Corporations Use to Manage Risks and Control Costs in Arbitration?

How can third party funders and insurers assist counsel in evaluating and controlling financial risks of pursuing a claim? If a risk is insurable, a party may pursue third party funding to overcome liquidity issues or share that risk. This assessment before a case starts may help make resource allocation decisions (forecast costs, plan in case of a loss or diversify risk). Respondents may also seek to obtain After the Event Insurance to manage costs. This session will present the view of counsel, funder and client and give an overview of where arbitration financing is at the time.

Moderator:

  • Silvia Marchili, ITA YAI Vice Chair, King & Spalding LLP, Houston

Panelists:

  • Maddi Azpiroz, Managing Director, ClaimTrading Ltd, London
  • Eugene J. Silva, Counsel - International Disputes, Exxon Mobil Corporation, Houston
  • Alberto F. Ravell, Senior Counsel, ConocoPhillips Company, Houston

5:25 pm


Closing Remarks

5:30 pm


Workshop Welcome Reception

7:00 - 9:00 pm


Workshop Dinner (optional)

  • Sky Lobby
    The Petroleum Club of Dallas
    40th Floor, JP Morgan Chase Tower Building

Please indicate on the registration form if you wish to attend – ticket price: $110 per person. Gather in Lobby by 6:40 for bus loading and departure. The buses will return to the hotel at the end of the evening. Dress: Business or cocktail attire.

Thursday, June 16, 2016

9:00 am


Welcome Back

  • Abby Cohen Smutny, Chair, ITA Advisory Board, White & Case, Washington, DC

9:10 am


Keynotes: Interim Measures in International Arbitration

The past decade has seen an expansion in the availability of interim measures in international arbitration. Our keynote speakers will discuss the origin, scope and implications of this change in terms of the power of arbitrators to issue interim measures, the advent of emergency arbitrators and the approach national courts take to the enforceability of arbitral awards granting interim measures. Their observations will frame the issues that will be examined in greater detail throughout the course of the day.

  • Introduction: Prof. Shahla Ali, Workshop Co-Chair

Commentary: Interim Measures: The Slow Evolution of Quick Arbitral Relief

  • James Castello, King & Spalding, Paris

Commentary: Emergency Arbitration: Justice on the Run

  • Prof. Patricia Shaughnessy, University of Stockholm School of Law, Stockholm

9:55 am


Mock: Interim Measures Hearing - Part 1

Cases where parties seek interim measures of protection commonly involve high-stakes situations where the decision on the interim measures application may well have profound implications for the way the rest of the case plays out. Such applications confront parties with special strategic considerations and frequently raise some of the most challenging issues arbitrators have to decide.

Through a mock interim measures hearing with parties, lawyers and arbitrators from diverse legal traditions, this session will give the audience a behind-the-scenes look at how parties bring and defend against applications for interim relief, as well as how arbitral tribunals approach such applications and take their decisions.

First, the parties meet with their counsel to strategize their respective approaches to the interim measures hearing. Second, the parties’ counsel make their arguments to the arbitral tribunal. Third, the arbitral tribunal deliberates, renders its decision and explains its reasoning.

Audience members will have an opportunity to vote on how they would have decided the interim measures application and explain the reasons for their agreement or disagreement with the arbitral tribunal in a post-decision discussion.

  • Introduction of the Mock: David Brynmor Thomas, Workshop Co-Chair

Scene 1: Claimant’s Client Meeting

  • Claimant’s Corporate Counsel - Tomasz J. Sikora, Counsel, International Disputes Group, Exxon Mobil Corporation, Houston
  • Claimant’s Advocate (Common Law) - Hansel T. Pham, White & Case LLP, Washington, D.C.

Scene 2: Respondent’s Client Meeting

  • Respondent’s Corporate Counsel - Elizabeth Devaney, Assistant General Counsel, Occidental Petroleum Corporation, Houston
  • Respondent’s Advocate (Civil Law) - Noradèle Radjai, LALIVE, Geneva

Scene 3: Argument Before the Tribunal

  • Claimant’s Advocate (Common Law) - Hansel T. Pham
  • Claimant’s Corporate Counsel - Tomasz J. Sikora
  • Respondent’s Advocate (Civil Law) - Noradèle Radjai
  • Respondent’s Corporate Counsel - Elizabeth Devaney
  • Chair, Arbitral Tribunal - John Beechey, Arbitrator, London
  • Claimant-Appointed Arbitrator - Alejandro Ogarrio, Ogarrio Daguerre, Mexico City
  • Respondent-Appointed Arbitrator - Dominique Brown-Berset, Brown&Page, Geneva

Audience Vote

10:45 am


Break

11:05 am


Mock: Interim Measures Hearing - Part 2

The tribunal renders its decision and explains its reasoning in light of the applicable standards and whether or not those standards were satisfied. The results of the audience vote are revealed. The players share their reflections on the tribunal’s decision and the issues they found most challenging, and the audience is invited to join the discussion.

  • Introduction and Moderator: David Brynmor Thomas, Workshop Co-Chair

Scene 4: The Tribunal’s Decision

  • Claimant’s Advocate (Common Law) - Hansel T. Pham
  • Claimant’s Corporate Counsel - Tomasz J. Sikora
  • Respondent’s Advocate (Civil Law) - Noradèle Radjai
  • Respondent’s Corporate Counsel - Elizabeth Devaney
  • Chair, Arbitral Tribunal - John Beechey
  • Claimant-Appointed Arbitrator - Alejandro Ogarrio
  • Respondent-Appointed Arbitrator - Dominique Brown-Berset

Panel Discussion and Audience Q&A

11:40 am


Forms of Interim Relief

As parties seek interim measures to protect against a wide variety of threats, interim relief can take diverse forms. This panel of arbitration experts will discuss the types of interim measures that come up most frequently in international arbitration. It will also consider when a party might be better off seeking interim relief from a court than from an arbitrator and vice versa.

Moderator:

  • Jennifer Kirby, Workshop Co-Chair

Panelists:

  • John P. Bang, Bae, Kim & Lee LLC, Seoul
  • Judge Faith Hochberg, Faith Hochberg ADR, New York
  • Ank Santens, White & Case, New York

Audience Q&A

12:25 pm


Luncheon

1:15 - 2:00 pm


A Conversation with

Albert Jan van den Berg
President, International Council Commercial Arbitrators (ICCA)
Hanotiau & van den Berg
Brussels, Belgium

With

Meg Kinnear
Secretary-General
International Centre for Settlement of Investment Disputes (ICSID)
Washington, DC

2:15 pm


Ethics Obligation or Ethical Violation?

In certain circumstances, parties may seek interim relief on an ex parte basis. Such applications raise an ethical question for counsel: To what extent should counsel for the party making the application disclose facts unfavorable to her client’s application? A common-law lawyer and civil-law lawyer will debate this question in light of their respective legal traditions.

Introduction and Moderator:

  • David Brynmor Thomas, Workshop Co-Chair

Panelists:

  • Natalie L. Reid, Debevoise & Plimpton, New York
  • Roland Ziadé, Linklaters, Paris

2:45 pm


Interim Measures Against States

When parties seek interim measures against states, they often face special challenges. The types of relief parties seek against states can differ markedly from those they seek against private parties. Arbitrators may apply heightened standards when determining such applications. And a party’s ability to enforce an interim measure against a state can be far more difficult. This panel of experienced, investment-arbitration practitioners will address these and other state-specific issues.

Introduction and Moderator:

  • Prof. Shahla Ali, Workshop Co-Chair

Panelists:

  • Marinn Carlson, Sidley Austin, Washington, DC
  • Eloïse Obadia, Special Legal Consultant, Derains & Gharavi PLLC, Washington, D.C.
  • Anton A. Ware, Arnold & Porter, San Francisco

Audience Q&A

3:30 pm


Break

3:50 pm


Interim Measures in Practice: Institutional Insights

Through their administration of thousands of cases, arbitral institutions have a wealth of information about the growth of interim relief in international arbitration over the past decade. This panel of top institutional insiders from three continents will share their practical experience with emergency arbitrator proceedings and applications for interim relief to arbitral tribunals, as well as their systemic perspective on emerging trends.

Introduction and Moderator:

  • Jennifer Kirby, Workshop Co-Chair

Panelists:

  • Steven K. Andersen, Vice President, International Development, International Centre for Dispute Resolution (ICDR), Midvale
  • Chiann Bao, Secretary General, Hong Kong International Arbitration Center (HKIAC), Hong Kong
  • Annette Magnusson, Secretary General, Arbitration Institute of the Stockholm Chamber of Commerce (SCC), Stockholm

Audience Q&A

4:35 pm


Are Arbitral Decisions Granting Interim Measures Enforceable?

This is the money question. When push comes to shove, an interim measure is only as good as it is enforceable. This panel of arbitration experts from a variety of jurisdictions will discuss the different approaches national courts take to the enforceability under the New York Convention of arbitral awards granting interim measures and the steps arbitrators can take to increase the chance that their award will be enforced.

Moderator:

  • David Brynmor Thomas, Workshop Co-Chair

Panelists:

  • Prof. Jack J. Coe, Jr., Pepperdine University School of Law, Malibu
  • Honourable Edward C. Chiasson, Counsel, Borden Ladner Gervais LLP, Vancouver
  • Andrés Jana, Bofill Mir & Alvarez Jana, Santiago, Chile

Audience Q&A

5:20 pm


Concluding Remarks

  • Abby Cohen Smutny

CLE Credit

MCLE Credit

The Workshop (June 15-16) is approved by the State Bar of Texas for 8 hours, including 0.5 hour of ethics. Course ID 901348514. Credit hours for other states/jurisdictions will vary and are subject to each state’s/jurisdiction'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

Westin Galleria Hotel
13340 Dallas Parkway
Dallas, Texas 75240
Rate: $180 ++ per night

BOOK HOTEL ONLINE

Dates available are for the nights of June 15 and June 16, 2016; with limited availability on other dates before and after.

For reservations call +1.972.934.9494 and be sure to mention 28th Annual ITA Workshop to receive the discounted group rate. The deadline to receive the discounted rate is May 24, 2016.

Sponsorship Opportunities

ITA Advisory Board Reception and Dinner - $5,000 each
Dallas Bar Association Belo Mansion
June 16, 2016

  • Recognition in communications to the Advisory Board members and on the Advisory Board webpage
  • Recognition in the Workshop brochure, which will be mailed and/or emailed to several thousand interested counsel and business leaders in the U.S. and abroad
  • Company/firm logo prominently displayed in the Workshop brochure and final program
  • Company/firm logo on the Workshop website, with link to company/firm website
  • Recognition at the Dinner
  • Recognition at the Workshop
  • 3 complimentary registrations for the Workshop (regular tuition is $695)
  • Up to 8 guests at the reception and dinner
  • One reserved table at the dinner, if desired
  • (Space permitting), a seat at the Dinner head table
  • An opportunity to display company/firm materials at the Workshop
  • Recognition in ITA on LinkedIn and Twitter
  • Post-conference recognition on the ITA website and in its newsletter, News and Notes

WiFi Sponsor - $5,000 each (only 1 allowed)

  • WiFi Code displaying name of company/Firm
  • Recognition in the Workshop brochure and e-marketing , which will be mailed and/or emailed to several thousand interested counsel and business leaders in the U.S. and abroad
  • Company/firm logo prominently displayed in the Workshop brochure and final program
  • Company/firm logo on the Workshop website, with link to company/firm website
  • Recognition at the Workshop
  • 2 complimentary registrations for the Workshop (regular tuition is $695)
  • An opportunity to display company/firm materials at the Workshop
  • Recognition in ITA on LinkedIn and Twitter
  • Post-conference recognition on the ITA website and in its newsletter, News and Notes

Full Page Conference Materials Binder Advertisement - $4,000 (Only 1 Allowed)

  • Full page Company/Law Firm Advertisement on the back of the Conference Materials Binder
  • Recognition in the Workshop brochure and e-marketing , which will be mailed and/or emailed to several thousand interested counsel and business leaders in the U.S. and abroad
  • Company/firm logo prominently displayed in the Workshop brochure and final program
  • Company/firm logo on the Workshop website, with link to company/firm website
  • Recognition at the Workshop
  • 2 complimentary registrations for the Workshop (regular tuition is $695)
  • An opportunity to display company/firm materials at the Workshop
  • Recognition in ITA on LinkedIn and Twitter
  • Post-conference recognition on the ITA website and in its newsletter, News and Notes

Workshop Luncheon - $3,500 each
Luncheon Interview: Albert Jan van den Berg (President, ICCA) and Meg Kinnear (Secretary-General, ICSID)
June 16, 2016

  • Recognition in the Workshop brochure, which will be mailed and/or emailed to several thousand interested counsel and business leaders in the U.S. and abroad
  • Company/firm logo prominently displayed in the Workshop brochure and final program
  • Company/firm logo on the Workshop website, with link to company/firm website
  • Recognition at the Luncheon
  • Recognition at the Workshop
  • 2 complimentary registrations for the Workshop (regular tuition is $695)
  • 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
  • Recognition in ITA on LinkedIn and Twitter
  • Post-conference recognition on the ITA website and in its newsletter, News and Notes

Workshop Dinner - $3,000 each
Sky Lobby
The Petroleum Club of Dallas
June 15, 2016

  • Recognition in the Workshop brochure, which will be mailed and/or emailed to several thousand interested counsel and business leaders in the U.S. and abroad
  • Company/firm logo prominently displayed in the Workshop brochure and final program
  • Company/firm logo on the Workshop website, with link to company/firm website
  • Recognition at the Workshop Dinner
  • Recognition at the Workshop
  • 2 complimentary registrations for the Workshop (regular tuition is $695)
  • 2 complimentary guests for the Dinner
  • An opportunity to display company/firm materials at the Workshop
  • Recognition in ITA on LinkedIn and Twitter
  • Post-conference recognition on the ITA website and in its newsletter, News and Notes

Canvas Bag - $3,000 each (only 3 allowed)

  • Name/Logo on one side of conference materials canvas bag
  • Recognition in the Workshop brochure and e-marketing , which will be mailed and/or emailed to several thousand interested counsel and business leaders in the U.S. and abroad
  • Company/firm logo prominently displayed in the Workshop brochure and final program
  • Company/firm logo on the Workshop website, with link to company/firm website
  • Recognition at the Workshop
  • 2 complimentary registrations for the Workshop (regular tuition is $695)
  • An opportunity to display company/firm materials at the Workshop
  • Recognition in ITA on LinkedIn and Twitter
  • Post-conference recognition on the ITA website and in its newsletter, News and Notes

Workshop Welcome Reception - $2,500 each
June 15, 2016

  • Recognition in the Workshop brochure, which will be mailed and/or emailed to several thousand interested counsel and business leaders in the U.S. and abroad
  • Company/firm logo prominently displayed in the Workshop brochure and final program
  • Company/firm logo on the Workshop website, with link to company/firm website
  • Recognition at the Welcome Reception
  • Recognition at the Workshop
  • 1 complimentary registration for the Workshop (regular tuition is $695)
  • 2 complimentary guests for the Welcome Reception
  • An opportunity to display company/firm materials at the Workshop
  • Recognition in ITA on LinkedIn and Twitter
  • Post-conference recognition on the ITA website and in its newsletter, News and Notes

Conference Coffee Breaks - $2,000 each
June 15-17, 2016

  • Recognition in the Workshop brochure and e-marketing, which will be mailed and/or emailed to several thousand interested counsel and business leaders in the U.S. and abroad
  • Company/firm logo prominently displayed in the Workshop brochure and final program
  • Recognition as a sponsor on the conference website, in the conference brochure, in e-marketing and at the conference
  • 1 complimentary registration for the Workshop (regular tuition is $695)
  • Space for promotional materials at the conference
  • Name/logo on the conference website with link to company page
  • Recognition in ITA on LinkedIn and Twitter
  • Post-conference recognition on the ITA website and in its newsletter, News and Notes

Dallas Roundtable - $1,500 each
Presented by the ITA Young Arbitrators Initiative
June 15, 2016

  • Recognition in the Workshop brochure and e-marketing, which will be mailed and/or emailed to several thousand interested counsel and business leaders in the U.S. and abroad
  • Recognition as a sponsor on the conference website, in the conference brochure, in e-marketing and at the conference
  • 2 complimentary registrants for the Roundtable and Welcome Reception
  • An opportunity to display promotional materials at the Workshop (including the Roundtable)
  • Recognition in ITA on LinkedIn and Twitter
  • Post-conference recognition on the ITA website and in its newsletter, News and Notes

Exhibitor - $1,500 each
June 15-16, 2016

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

For more information about sponsorship opportunities, please contact David Winn at +1 972-244-3412; dwinn@cailaw.org or Lilly Hogarth at +1 972-244-3424; lhogarth@cailaw.org.

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

Advisory Board Reception and Dinner Sponsors

WiFi Sponsor

Workshop Luncheon Sponsors

Workshop Dinner Sponsor

Welcome Reception Sponsor

Coffee Break Sponsor

Canvas Bag Sponsor