31st Annual ITA Workshop and Annual Meeting

Expect the Unexpected: Adjudicating Changed Circumstances in Commercial and Treaty Arbitration

- in Plano, Texas, USA

Renaissance Dallas at Plano Legacy West Hotel
6007 Legacy Dr.
Plano, TX 75024

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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 meetings and activities continuing into the following Friday.

At the conclusion of the Workshop on Thursday evening, members of the ITA Advisory Board, the Workshop faculty and their guests mix a bit of business with pleasure at the Advisory Board Annual Dinner. On Friday morning, members of the Advisory Board, Academic Council, ITAAR Board of Reporters, ITAFOR Moderators and Contributors, and the Workshop faculty reassemble for the annual open discussion ITA Forum and other membership activities.

More information coming soon!

Conference Co-Chairs

Prof. Céline Lévesque
Dean, Civil Law Section
University of Ottawa
Ottawa, Ontario, Canada

Tomasz J. Sikora
Senior Counsel
Exxon Mobil Corporation
Spring, Texas

Gaëtan Verhoosel
Three Crowns LLP
London, United Kingdom

Highlights

  • Keynote Speakers Prof. Klaus Peter Berger (Institute for Banking Law, University of Cologne) and Yas Banifatemi (Shearman & Sterling LLP, Paris)
  • Oral History Luncheon Interview with George A. Bermann, ALI Restatement Chief Reporter, Columbia Law School, New York
  • An exceptional international faculty
  • Young Lawyers Roundtable, Welcome Reception and Conference Dinner at Legacy Hall
  • Members also attend ITA Annual Meeting activities including Advisory Board Dinner Meeting, committee meetings and the ITA Forum

Schedule and Faculty

Introduction to the Workshop

While the purpose of contracts is to ensure the parties’ agreements withstand the test of time, changed circumstances lie at the heart of many disputes.  In this year’s annual program, the ITA will explore how the challenge of changed circumstances and associated legal doctrines is addressed in contract and investment treaty arbitration.  Leading international experts will provide an overview of the applicable legal doctrines, contractual mechanisms and relevant investment treaty protections.  In a series of panels, preeminent practitioners will share their views and experiences of arbitrating disputes arising from changed circumstances. Leading authorities on investor-state dispute settlement will consider whether common contract and treaty investor protections should constrain (or not) the ability of States to make regulatory changes. Finally, a group of present and recent government officials will consider the host state’s right to regulate in the context of international investor protections.

Wednesday, June 19

3:00 pm


Registration

3:30 pm


Welcome to the Workshop

  • Joseph E. Neuhaus, Chair, ITA Advisory Board, Sullivan & Cromwell LLP, New York

Dallas Roundtable

Presented by Young ITA

3:40 pm


Welcome to the Roundtable and Introductions

  • Silvia Marchili, Chair, Young ITA, White & Case LLP, Houston & Miami

3:45 pm


A Tour Around the Arbitration World

A group of experienced young practitioners, including some of our Regional Representatives, will present on recent developments in international arbitration in their respective jurisdictions. In an interactive discussion, our panelists will identify global trends and discuss the intricacies of practicing
international arbitration across the globe. .

Moderator: Soledad O’Donnell, Mayer Brown, Chicago

  • Africa: Demilade Isioma Elemo, Young ITA Regional Chair for Africa, Folashade Alli, Lagos
  • Asia: Aditya Singh, Young ITA Regional Chair for Asia, White & Case, Singapore
  • European Union: Saadia Bhatty, Gide, Paris
  • Latin America: Cristina Ferraro, Miranda & Amado, Lima

4:35 pm


Change of Circumstances – A Historical Perspective

Our panelists will give a historical overview of some of the changes in circumstances that have led to a significant number of arbitration cases in the last decades, including changes in the economic and financial situations in Argentina, Ecuador, and in the natural gas sector.

Moderator: Silvia Marchili, White & Case LLP, Houston & Miami

  • Argentina 2001: Florencia Vilaggi, Herbert Smith, Washington, DC
  • Ecuador Law 42: Isabel Fernandez de la Cuesta, King & Spalding LLP, New York
  • Gas Pricing Decoupling: Miguel Nakhle, Compass Lexecon, Houston

5:25 pm


Closing Remarks

5:30-6:30 pm


Workshop Welcome Reception

Renaissance Dallas at Plano Legacy West Hotel

6:45-9:00 pm

Workshop Dinner (optional)
Legacy Hall
at Legacy West

Please indicate on the registration form if you wish to attend – ticket price: $70 per person.

Thursday, June 20

8:00 am


Registration and Continental Breakfast

9:00 am


Welcome Back

  • Joseph E. Neuhaus, Chair, ITA Advisory Board

9:05 am


Introduction to the Program and Keynote

  • Gaëtan Verhoosel, Workshop Co-Chair

9:10 am


Keynote: Changed Circumstances and Commercial Arbitration

Professor Berger will take the audience on a comparative tour of some of the principal legal doctrines and often-used contractual mechanisms designed to address changes in circumstances.

  • Prof. Klaus Peter Berger, Institute for Banking Law, University of Cologne, Cologne

9:50 am


Changed Circumstances: Practical Insights from Seasoned Arbitration Counsel and Arbitrators

A set of seasoned practitioners will address the challenges that arbitration counsel typically face when arguing these doctrines and mechanisms in arbitration; the challenges that arbitrators typically face when resolving claims based on these doctrines and mechanisms; and the contract negotiation/drafting strategies that can avoid or mitigate those challenges.

Moderator: Aníbal Martín Sabater, Chaffetz Lindsey LLP, New York

  • Julie Bédard, Skadden, Arps, Slate, Meagher Flom LLP, New York
  • Paula Hodges, Herbert Smith Freehills LLP, London
  • Philippe Pinsolle, Quinn Emanuel Urquhart Sullivan, LLP, Geneva
  • Eduardo Zuleta, Zuleta Abogados Asociados S.A.S, Bogotá

10:50 am


Coffee Break

11:20 am


The Evolution and Challenges in Price Review Arbitration

Two leading experts in international commodity price review arbitration will discuss the challenges inherent in arbitrating the impact of changed circumstances in long term commodity supply contracts viewed from the differing perspectives of buyers and sellers. The speakers will examine the evolution of gas and LNG price review arbitration, the interplay of price review clauses with statutory protection mechanisms and hardship doctrines and their views on the future of gas price review arbitration.

Moderator: Tomasz J. Sikora, Workshop Co-Chair

  • Marnix Leijten, De Brauw Blackstone Westbroek, Amsterdam
  • Michael Polkinghorne, White & Case LLP, Paris, France

12:10 pm


Luncheon

A Conversation with

George Bermann

Jean Monnet Professor of EU Law and Walter Gellhorn Professor
Columbia Law School
New York

With

Prof. Susan D. Franck
American University Washington College of Law
Washington, D.C.

This interview is the latest in a series organized by the ITA Academic Council to record the evolution of modern international arbitration in the words of those who have led it.

2:00 pm


Introduction to the Keynote

  • Dean Céline Lévesque, Workshop Co-Chair

2:05 pm


Keynote: Changed Circumstances and Treaty Arbitration

Recent cases have brought to the fore questions related to whether and the extent to which the Fair and Equitable Treatment and Expropriation standards of International Investment Agreements (IIAs) can be interpreted to constrain the ability of States to make changes to the legal framework affecting investments. Yas Banifatemi’s keynote will survey and analyze recent trends, including the energy sector in Europe.

  • Yas Banifatemi, Co-Head of International Arbitration, Shearman & Sterling LLP, Paris

2:40 pm


Debate: Where Should the Line Be Drawn?

Two seasoned investment arbitration practitioners will be provided with a series of hypotheticals and take turns arguing why or why not in each case investment treaties can be invoked to constrain the State’s ability to introduce certain legislative or regulatory changes.

Moderator: Gaëtan Verhoosel, Workshop Co-Chair

  • R. Doak Bishop, King & Spalding LLP, Houston
  • Michael Ostrove, DLA Piper France LLP, Paris

3:25 pm


Audience Q&A

3:40 pm


Coffee Break

4:10 pm


The Right to Regulate in International Investment Agreements: Where Are We Headed?

Governments the world over are under pressure to further take into account the “right to regulate” in their IIAs. This round table of current and former officials of North American governments and the European Union will discuss emerging trends in recent Model BITs and investment and trade agreements (incl. the USMCA), considering both substantive and dispute resolution dimensions.

Moderator: Dean Céline Lévesque, Workshop Co-Chair

  • Samantha Atayde Arellano, former General Counsel for International Trade, Mexican Ministry of the Economy, Mexico City
  • Shane Spelliscy, Director and General Counsel, Trade Bureau, Global Affairs Canada, Ottawa
  • André Von Walter, Team Leader and Legal Counsel, Directorate General for Trade, European Commission, Brussels
  • Jennifer Thornton, former Senior Policy Advisor and Counsel in the Office of the United States Trade Representative, Washington, D.C.; Counsel, Arent Fox LLP.

4:55 pm


Audience Q&A

5:10 pm


Concluding Remarks

  • Tomasz J. Sikora

Other Activities for ITA Advisory Board Members

Join ITA

Thursday, June 20

7:45 am


Young ITA Annual Meeting

6:30-9:00 pm


Advisory Board Reception and Annual Dinner Meeting

The Center for American and International Law
5201 Democracy Drive, Plano, Texas 75024

(board buses at 6:15)
(reception 6:30-7:15)
(dinner 7:15-8:45)

Friday, June 21

7:45 am


ITA Americas Initiative Annual Meeting

9:00 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, 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.

10:15 am


Break

10:45 am


ITA Forum, continued

The ITA Forum is an informal, off-the-record discussion of current developments and concerns in international arbitration among ITA members, Workshop faculty, 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 Renaissance Dallas at Plano Legacy West, 6007 Legacy Drive, Plano, TX 75024. Rooms are available the nights of 6/18/19 - 6/21/19 for the event, with limited availability before and after. Registrants should call 1-800-468-3571 and reference "ITA" as the code to receive a reduced rate of $229 + tax per night. The last day to obtain this special rate is May 28, 2019.

BOOK HOTEL ONLINE

Sponsorship Opportunities

ITA Advisory Board Reception and Dinner - The Center for American and International Law
$20,000 as exclusive sponsor or $5,000 as general sponsor (up to four sponsors max)

  • Exposure to thousands of ITA constituents
  • Recognition as a sponsor of the Workshop Dinner at the Dinner, on the conference website, in the brochure, in e-marketing, on social media and at the conference
  • 4 complimentary Workshop registrations (all events) and 2 discounted registrations (20% off)
  • Up to 8 complimentary guests at the Dinner
  • One reserved table at the dinner, if desired
  • Name/logo on the conference website with link to company page
  • 1 exhibition table for promotional materials
  • Opportunity to provide promotional gifts in conference bags
  • Post-conference recognition at ITA’s website and in its quarterly News & Notes

Workshop Dinner - Legacy Hall at Legacy West
$15,000 as exclusive sponsor or $4,000 as general sponsor (up to four sponsors max)

  • Exposure to thousands of ITA constituents
  • Recognition as a sponsor of the Workshop Dinner at the Dinner, on the conference website, in the brochure, in e-marketing, on social media and at the conference
  • 3 complimentary Workshop registrations (all events) and 2 discounted registrations (20% off)
  • Up to 4 complimentary guests at the Dinner
  • Name/logo on the conference website with link to company page
  • 1 exhibition table for promotional materials
  • Opportunity to provide promotional gifts in conference bags
  • Post-conference recognition at ITA’s website and in its quarterly News & Notes

Workshop Luncheon - $10,000 as exclusive sponsor or $3500 as general sponsor (up to three sponsors max)

  • Exposure to thousands of ITA constituents
  • Recognition as a sponsor of the Workshop Luncheon at the luncheon, on the conference website, in the conference brochure, in e-marketing, on social media and at the conference
  • 2 complimentary Workshop registrations (all events) and 1 discounted registration (20% off)
  • Up to 4 complimentary guests at the Luncheon
  • Name/logo on the conference website with link to company page
  • 1 exhibition table for promotional materials
  • Post-conference recognition at ITA’s website and in its quarterly News & Notes

Canvas Bag - $9,000 as exclusive sponsor or $3,000 as general sponsor - SOLD OUT

  • Exposure to thousands of ITA constituents
  • Recognition as a sponsor of the Canvas Bag on the conference website, in the conference brochure, in e-marketing, on social media and at the conference
  • 2 complimentary Workshop registrations (all events) and 1 discounted registration (20% off)
  • Name/logo on the conference website with link to company page
  • 1 exhibition table for promotional materials
  • Post-conference recognition at ITA’s website and in its quarterly News & Notes

Welcome Reception - $7,000 as exclusive sponsor or $2,500 as general sponsor (up to three sponsors max)

  • Exposure to thousands of ITA constituents
  • Recognition as a sponsor of the Welcome Reception at the reception, on the conference website, in the conference brochure, in e-marketing, on social media and at the conference
  • 1 complimentary Workshop registration (all events) and 1 discounted registration (20% off)
  • 2 complimentary guests at the Welcome Reception
  • Name/logo on the conference website with link to company page
  • Space for promotional materials
  • Post-conference recognition at ITA’s website and in its quarterly News & Notes

Workshop Coffee Breaks - $3,500 each (up to two sponsors max)

  • Exposure to thousands of ITA constituents
  • Recognition as a Coffee Breaks Sponsor on the conference website, in the conference brochure, in e-marketing, on social media and at the conference
  • 2 discounted conference registrations (20% off)
  • Name/logo on the conference website with link to company page
  • Space for promotional materials at the conference
  • Post-conference recognition at ITA’s website and in its quarterly News & Notes

WiFi Sponsorship - $5,000 as exclusive sponsor (SOLD OUT)

  • Company/Firm Name as wifi code for the conference
  • Exposure to thousands of ITA constituents
  • Recognition as wifi sponsor on the conference website, in the conference brochure, in e-marketing, on social media and at the conference
  • 2 complimentary Workshop registrations (all events) and 1 discounted registration (20% off)
  • Name/logo on the conference website with link to company page
  • 1 exhibition table for promotional materials
  • Post-conference recognition at ITA’s website and in its quarterly News & Notes

Lanyard Sponsorship - $5,000 as exclusive sponsor (SOLD OUT)

  • Company/Firm Name on one side of the conference name badge lanyard (Conference Title on the other)
  • Exposure to thousands of ITA constituents
  • Recognition as Lanyard Sponsor on the conference website, in the conference brochure, in e-marketing, on social media and at the conference
  • 2 complimentary Workshop registrations (all events) and 1 discounted registration (20% off)
  • Name/logo on the conference website with link to company page
  • 1 exhibition table for promotional materials
  • Post-conference recognition at ITA’s website and in its quarterly News & Notes

Full Page Conference Materials Advertisement - $4,000 as exclusive sponsor

  • Full page Company/Law Firm Advertisement on the back of the Conference Materials
  • Exposure to thousands of ITA constituents
  • Recognition as a Conference Materials Sponsor on the conference website, in the conference brochure, in e-marketing, on social media and at the conference
  • 2 complimentary Workshop registrations (all events)
  • Name/logo on the conference website with link to company page
  • 1 exhibition table for promotional materials
  • Post-conference recognition at ITA’s website and in its quarterly News & Notes

Young ITA Roundtable - $2,500 (up to three sponsors max)

  • Exposure to thousands of ITA constituents
  • Recognition as a sponsor of the Roundtable at the Roundtable, on the conference website, in the conference brochure, in e-marketing, on social media and at the conference
  • 1 complimentary Workshop registration (all events)
  • 1 complimentary guest at the Welcome Reception
  • Name/logo on the conference website with link to company page
  • Space for promotional materials at the Roundtable
  • Post-conference recognition at ITA’s website and in its quarterly News & Notes

Exhibitor - $2,000

  • Exposure to thousands of ITA constituents
  • Name/logo on the conference website with link to company page
  • Space for promotional materials at the conference
  • Post-conference recognition at ITA’s website and in its quarterly News & Notes

Other Information

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WiFi Sponsor

Canvas Bag Sponsors

Lanyard Sponsor

Coffee Breaks Sponsor

Welcome Reception Sponsor

Young ITA Roundtable Sponsor