29th Annual ITA Workshop and Annual Meeting

Challenges to the Legitimacy of International Arbitration

- in Plano, Texas, USA (Dallas)

Marriott at Legacy Town Center
7121 Bishop Road
Plano, Texas 75024 (Dallas)

Registration Open

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.” The Workshop now begins on the preceding Wednesday afternoon, with membership activities continuing into the following Friday.

On Friday morning following the Workshop, members of the ITA Advisory Board, Academic Council, ITAAR Board of Reporters, WAMR Board of Editors, ITAFOR Moderators and Contributors, and the Workshop faculty reassemble for the annual ITA Forum and other membership activities.

Workshop Co-chairs

Caline Mouawad
King & Spalding LLP
New York, NY
Jeremy K. Sharpe
Shearman & Sterling LLP
London, United Kingdom
Jarrod Wong
Professor of Law & Co-Director of the Global Center
University of the Pacific, McGeorge School of Law
Sacramento, CA

Workshop Highlights (Wednesday Afternoon-Thursday):

  • Keynote: Gary Born (Wilmer Cutler Pickering Hale and Dorr LLP, London)
  • Featured speakers include Meg Kinnear (Secretary-General, International Centre for Settlement of Investment Disputes (ICSID), Washington, D.C.), and Jacomijn van Haersolte-van Hof (Director General, London Court of International Arbitration (LCIA), London)
  • Expert perspectives on the legitimacy of the process, the decision-makers and the result
  • Mock scenes: arbitrator challenges and deliberations
  • Young Lawyers Roundtable
  • Welcome Reception
  • Workshop Networking Dinner at Mexican Sugar Cantina

Annual Meeting Highlights (Thursday-Friday Morning):

  • Advisory Board Annual Dinner at the Dallas Country Club
  • ITA Forum, an open discussion among ITA members and the Workshop faculty, this year including a special dialogue with LCIA Director-General Jacomijn van Haersolte-van Hof and LCIA President-Elect Audley Sheppard (Clifford Chance, London)
  • Americas Initiative, Young Lawyers Initiative, Academic Council and other committee annual meetings (Thursday and Friday)

We invite you to join us in June at both the Workshop and the annual membership events.

Download the Brochure (pdf)

For more details, download the online brochure.

Schedule and Faculty

Introduction to the Workshop

Until recently, international arbitration was widely seen as fair, neutral, and effective.  The field’s rapid growth reinforced this perception, helping establish international arbitration as the default mechanism for resolving transnational disputes. 

Today, this perception holds less currency.  Many now doubt the fairness of the arbitration process, the integrity of the decision-makers, and the legitimacy of awards obtained through “private” justice.  These criticisms are not limited to domestic or investment arbitration, but increasingly impact international commercial arbitration as well.  Nor is the debate confined to small circles of academics and NGOs; it has spread to politicians, journalists, and the wider public. 

In this year’s annual program, the ITA will explore the most important challenges to the legitimacy of international arbitration.  In a series of lectures, debates, panels and mock scenarios, leading international arbitration experts from around the world will seek to identify real and perceived problems and propose viable solutions to the “legitimacy crisis” in international arbitration.  With active involvement from all participants, the Workshop aims to add an important voice to the most pressing issues facing international arbitration today.

Wednesday, June 14

3:00 pm


Registration

3:30 pm


Welcome to the Workshop

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

Dallas Roundtable

Presented by the ITA Young Arbitrators Initiative Committee

3:40 pm


A Trip Around the World with ITA's Board of Reporters

This session will bring our audience up to speed on the latest arbitration developments from particular countries and regions around the world, presented by selected Country and Institutional Reporters of the ITA Arbitration Report (ITAAR) at KluwerArbitration.com. In a highly interactive and varied session which gives an overview on relevant issues.

Moderator: Monique Sasson, Co-Managing Editor, Board of Reporters, KluwerArbitration.com, New York

Panelists:

  • North America: Sonia Faber, Debevoise & Plimpton, New York, Reporter for USA
  • Central America & Caribbean: Ryan Mellske, Dechert LLP, Washington, D.C., Reporter for Costa Rica
  • Europe: Esperanza Barrón, Latham & Watkins, Paris, Reporter for Spain, Valentine Chessa, CastaldiPartners, Paris, Reporter for France
  • Middle East: Jalal El Ahdab, Ginestié Magellan Paley-Vincent, Paris, Reporter for Lebanon
  • East Asia: Arthur Dong, AnJie Law Firm, Beijing, Reporter for China
  • South Asia: Aditya Singh, White & Case, Singapore, Reporter for India

4:40 pm


Practicing International Arbitration During Challenging Times: Should We All Have Gone For Safe Corporate Law Careers Instead?!

In a field that some went as far as calling saturated, our speakers will address several challenges facing young practitioners and share their insights into the many opportunities and career development options that are still available. Panelists will share their views on different non-linear careers, over- and under-specialization, and discuss possible paths for young practitioners in addition to the traditional partnership track pursued by most Big Law associates.

Moderator: Pierre Amariglio, Senior Investment Officer, Tenor Capital Management Company, L.P., New York

Panelists:

  • Kate Brown, Curtis, Mallet-Prevost, Colt & Mosle, S.C., Mexico City
  • Ben Love, Freshfields Bruckhaus Deringer, New York
  • Yanett Quiroz, International Case Director, ICDR, Houston
  • Deva Villanúa, Armesto & Asociados, Madrid

5:25 pm


Closing Remarks

5:30-6:30 pm


Workshop Welcome Reception

7:15-9:00 pm


Workshop Dinner (optional)
Mexican Sugar Cocina y Cantina

Please indicate on the registration form if you wish to attend – ticket price: $85 per person. The dinner is walking (or short cab) distance from the hotel. Please dress comfortably to walk over to the restaurant, or share a ride. This is a casual event.

Thursday, June 15

9:00 am


Welcome Back

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

9:05 am


Introduction to the Program

  • Jeremy Sharpe, Workshop Co-Chair

9:10 am


Keynote: The Legitimacy of International Arbitration

The keynote will examine the legitimacy of international arbitration from an historical and contemporary perspective.

Introduction: Prof. Jarrod Wong, Workshop Co-Chair

Keynote Speaker: Gary Born, Wilmer Cutler Pickering Hale and Dorr LLP, London

Commentator: Prof. José Alvarez, NYU School of Law, New York

10:00 am


Legitimacy of the Decision-Makers (Part 1)

A hitherto cornerstone of arbitration is the parties’ right to nominate arbitrators. But this presents formidable legitimacy challenges: Might it invite partiality or its appearance, and undermine the legitimacy of the award? Should privately-appointed arbitrators who are not otherwise accountable determine issues of national law on an ad hoc basis without having to defer to court judgments or to a State’s exercise of its police powers, including on matters that impact the larger community? This panel will take the form of a debate with panelists arguing for and against preserving the parties’ traditional right to appoint arbitrators.

Introduction and Moderator: Prof. Jarrod Wong, Workshop Co-Chair

Panelists:

  • Catherine Amirfar, Debevoise & Plimpton LLP, New York
  • Prof. Chiara Giorgetti, University of Richmond School of Law, Richmond
  • Salim Moollan QC, Essex Court Chambers, London
  • Michael E. Schneider, Lalive, Geneva

11:00 am


Break

11:20 am


Legitimacy of the Decision-Makers (Part 2)

Arbitrators may wear many other hats, including as counsel, commentator, and expert witness. This practice increases the risk of real or perceived conflicts of interest and implicates the legitimacy of the arbitral process. The arbitration community has drafted many guidelines to address today’s increasingly complex arbitrator conflicts, but parties, tribunals, institutions, and courts often treat them differently.

Introduction of the Mock: Jeremy Sharpe, Workshop Co-Chair

Scene 1: Challenge and Argument

  • Petitioner’s Counsel - Prof. Charles H. Brower, II, Wayne State University Law School, Detroit
  • Respondent’s Counsel - Yas Banifatemi, Shearman & Sterling LLP, Paris
  • Judge - Hon. Rosemary Barkett, Judge, Iran-United States Claims Tribunal, Former Judge, U.S. 11th Circuit, and Chief Justice, Florida Supreme Court. The Hague
  • Arbitrator - Eduardo Zuleta, Zuleta Abogados Asociados S.A.S., Bogotá
  • Institution - Teresa Cheng, Chair, Hong Kong International Arbitration Centre, Hong Kong

Scene 2: Deliberations and Decision

  • Panel Discussion and Audience Q&A

12:40 pm


Luncheon (1:15-2:00 Interview)

A Conversation with

Dominique Brown-Berset
Brown&Page
Geneva

2:00 pm


Legitimacy of the Process

International arbitration allows parties to choose and design their own private dispute resolution process. But has it gone too far? Criticism of the arbitral process as a separate and parallel legal system abounds. This roundtable will take an introspective and honest look at whether the arbitral process is too autonomous from domestic law and domestic court oversight, whether it should be held more accountable and if so, how, and whether it deserves to be viewed as fair and just (among other topics).

Introduction and Moderator: Caline Mouawad, Workshop Co-Chair

Panelists:

  • Jean E. Kalicki, Kalicki Arbitration, New York
  • Karin Kizer, Attorney-Adviser, U.S. Department of State, Washington, D.C.
  • Howard Mann, Senior International Law Advisor, International Institute for Sustainable Development (IISD)
  • Ucheora Onwuamaegbu, Arent Fox LLP, Washington, D.C.

3:00 pm


Break

3:20 pm


Regulating Arbitration Ethics? A Conversation

Few topics divide the international arbitration community today like the question of regulating arbitration ethics. Whether a global code of arbitration ethics for counsel and arbitrators is necessary or desirable, what its content should be, and whether a transnational enforcement mechanism is appropriate are among the questions that permeate the debate and this session. Looming in the background of this conversation is the overarching quest for an answer that maintains—some may say restores—both the integrity and the appearance of integrity of a system that continues to come under attack.

Introduction and Moderator: Caline Mouawad, Workshop Co-Chair

  • Meg Kinnear, Secretary-General, International Centre for Settlement of Investment Disputes (ICSID), Washington, D.C.
  • Jacomijn van Haersolte-van Hof, Director General, London Court of International Arbitration, London

4:10 pm


Legitimacy of the Result: Increasing the Perceived Legitimacy of Outcomes in ISDS: A Proposal; Appellate Review in International Commercial Arbitration: A Discussion

Arbitration cases today often raise enormous financial and public policy stakes. Many arbitration critics question the system’s preference for finality and efficiency over correctness. Is appellate review the answer? How well are national courts responding? Are there means of improving the perceived legitimacy of outcomes in ISDS within the existing confines of the system? This panel will consider and comment on a specific proposal to improve legitimacy of the result, as well as other potential alternatives.

Introduction and Moderator: Jeremy Sharpe, Workshop Co-Chair

Proponent and DiscussantBart Legum, Dentons LLP, Paris

Commentators and Discussants:

  • Silvia Marchili, King & Spalding LLP, Houston
  • Prof. Dr. Stephan W. Schill, Professor of International and Economic Law and Governance, Amsterdam Center for International Law, University of Amsterdam, Amsterdam
  • John Townsend, Hughes Hubbard & Reed, LLP, Washington, D.C.

5:10 pm


Concluding Remarks

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

Friday, June 16

9:00 am


ITA Forum

Special informal Q&A session with LCIA Director General Jacomijn van Haersolte-van Hof and LCIA President-Elect Audley Sheppard

9:50 am


Break

10:00 am


ITA Forum

The ITA Forum is an informal, off-the-record discussion of current developments and concerns in international arbitration among ITA members, Workshop faculty, Workshop registrants and special guests. The agenda for this open discussion is determined by the participants. Please click here to submit your questions or topics in advance for discussion at the Forum.

12:00 pm


Adjourn

Hotel Information

The cost of housing is not included in tuition. However, rooms (in limited number) have been reserved at the Plano Marriott At Legacy Town Center, 7121 Bishop Road, Plano, TX 75024. Rooms are available the nights of 6/14/17 and 6/15/17 for the event, with some availability before and after. Registrants should call 1.800.228.9290 and advise that they are attending the “ITA Workshop” to receive a reduced rate of $199 + tax. The last day to obtain this special rate is May 24, 2017.

BOOK HOTEL ONLINE

CLE Credit

MCLE Credit

The Workshop (June 14-15) is approved by the State Bar of Texas for 8.5 hours, including 0.75 hour of ethics. Course ID 901375897. 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.

Sponsorship Opportunities

ITA Advisory Board Reception and Dinner - $5,000 each
June 15, 2017
Dallas Country Club

  • Recognition in communications to the Advisory Board members and on the Advisory Board webpage
  • 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 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 Sponsorship (Only 1 Allowed) - $3000

  • 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 (Only 1 Allowed) - $4,000

  • 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
June 15, 2017
Arbitrator Perspectives Luncheon Interview: Dominique Brown-Berset, Brown&Page, Geneva

  • 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 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
June 14, 2017
Mexican Sugar Cocina y Cantina

  • 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 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 (Only 3 Allowed) - $3,000 each

  • 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 14, 2017

  • 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 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 14-16, 2017

  • 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
June 14, 2017
Presented by the ITA Young Arbitrators Initiative

  • 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 14-15, 2017

  • 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

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

Workshop Materials Sponsor

Workshop Luncheon Sponsor

Welcome Reception Sponsor

Coffee Break Sponsors

Wi-Fi Sponsor

Media Partners