Transnational Arbitration

25th Anniversary ITA Workshop

International Arbitration from the Arbitrator's Perspective

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Dallas, Texas, USA

Past Event

MCLE Credit will be available

Westin Galleria Hotel
13350 Dallas Parkway
Dallas, Texas 75240

Registrar: +1.972.244.3405
ITA: +1.972.244.3414
Fax: +1.972.244.3401
E-Mail: ita@cailaw.org

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 2013 program will be a very special edition as we celebrate our 25th anniversary.

The “original mock arbitration” program, the 1½ -day Workshop will include mock arbitration scenes written and performed by international experts to demonstrate key issues of practice, expert commentaries and panels, audience discussion, a young arbitrators Roundtable. A variety of social activities include a welcome reception, the Workshop Dinner, the Workshop luncheon and address, and optional post-Workshop networking activities in Dallas and Fort Worth.

Download the Brochure (pdf)

For more details, download the online brochure.

Become an ITA Member

Though the Workshop is of course open to anyone interested in international arbitration, the best way to attend is as a member of the Advisory Board. The cost is about the same but the benefits are much greater. The primary ITA membership annual events are held immediately following the Workshop, including the Advisory Board Annual Dinner that night, and the Advisory Board committee meetings and the acclaimed off-the-record ITA Friday Forum the following day. Advisory Board members attend the entire Workshop and all membership activities for free.

Apply for ITA Membership Online

Workshop Co-Chairs

Dietmar W. Prager
Debevoise & Plimpton LLP
New York, New York

Ann Ryan Robertson
Locke Lord LLP
Houston, Texas

Audley Sheppard
Clifford Chance
London, United Kingdom

Faculty

Download Faculty Bios (pdf)

Chair, Insitute for Transnational Arbitration

R. Doak Bishop, King & Spalding LLP, Houston, TX, USA

Workshop Co-Chairs

  • Dietmar W. Prager, Debevoise & Plimpton LLP, New York, NY, USA
  • Ann Ryan Robertson, Locke Lord LLP, Houston, TX, USA
  • Audley Sheppard, Clifford Chance, Canary Wharf, London, UNITED KINGDOM

Luncheon Speaker

Bernard Hanotiau, Hanotiau & van den Berg, Brussels, BELGIUM

Players & Commentators

  • George A. Bermann, Jean Monnet Professor of EU Law and Walter Gellhorn Professor, Columbia Law School, New York, NY, USA
  • Pierre Bienvenu, Norton Rose Canada LLP, Montréal, Quebec, CANADA
  • The Hon. Charles N. Brower, Iran-U.S. Claims Tribunal, The Hague, Essex Street Chambers, London, UNITED KINGDOM
  • Professor David D. Caron, Dean, The Dickson Poon School of Law, King's College, London, United Kingdom
  • Teresa Cheng, Hong Kong International Arbitration Centre, Hong Kong, CHINA
  • Manuel Conthe, Of Counsel, Bird & Bird (Spain) LLP, Madrid, SPAIN
  • Alan R. Crain, Senior Vice President, Chief Legal and Governance Officer, Baker Hughes Incorporated, Houston, TX, USA
  • Donald Francis Donovan, Debevoise & Plimpton LLP, New York, NY, USA
  • Valeria Galíndez, Counsel of the International Arbitration, Uría Menéndez, São Paulo, SP, BRAZIL
  • Judith Gill, Q.C., Allen & Overy LLP, London, UNITED KINGDOM
  • Eduardo Damião Gonçalves, Mattos Filho, Veiga Filho, Marrey Jr. E, Quiroga Advogados, São Paulo, BRAZIL
  • Leah D. Harhay, Of Counsel, Jones Day, San Francisco, CA, USA
  • Jean E. Kalicki, Arnold & Porter LLP, Washington, DC, USA
  • Anton Maurer, CMS Hasche Sigle, Stuttgart, GERMANY
  • Ewell ‘Pat’ E. Murphy, Jr., Houston, TX, USA
  • William W. (Rusty) Park, Professor of Law, Boston University School of Law, Boston, MA, USA
  • Lucy F. Reed, Freshfields Bruckhaus Deringer LLP, Hong Kong, CHINA
  • Peter J. Rees, Q.C., Legal Director, Royal Dutch Shell plc, The Hague, THE NETHERLANDS
  • Laura M. Robertson, Managing Counsel – Arbitrations, ConocoPhillips, Houston, TX, USA
  • Catherine A. Rogers, Pennsylvania State University, Dickinson School of Law, University Park, PA, USA
  • Christina Cathey Schuetz, Clifford Chance, London, UNITED KINGDOM
  • Anke Sessler, Chief Counsel Litigation, Siemens AG, Munich, GERMANY
  • Abby Cohen Smutny, White & Case LLP, Washington, DC, USA
  • Brigitte Stern, Emeritus Professor of International Law, University Paris I, Paris, FRANCE
  • Guido S. Tawil, M. & M. Bomchil and University of Buenos Aires, Buenos Aires, ARGENTINA
  • Ruth Teitelbaum, Freshfields Bruckhaus Deringer US LLP, New York, NY, USA
  • Thomas W. Walsh, Sullivan & Cromwell LLP, New York, NY, USA
  • Claus von Wobeser, Von Wobeser y Sierra, Mexico City, MEXICO
  • Rodrigo Zamora, Bufete Zamora-Pierce, Mexico City, MEXICO
  • Eduardo Zuleta, Gómez-Pinzón Zuleta, Bogotá, COLOMBIA

Scriptwriter

Christina Cathey Schuetz, Clifford Chance, London, UNITED KINGDOM

Wednesday, June 19

25th Annual ITA Workshop: International Arbitration from the Arbitrator's Perspective

3:00 pm


Registration

8th Annual Dallas Roundtable

Presented by
ITA Young Arbitrators Initiative

3:40 pm


Opening Remarks

3:45 pm


The Arbitrator’s Perspective – Effective Advocacy

Co-Moderators: 
  • Thomas W. Walsh, Sullivan & Cromwell LLP, New York
    Chair, ITA Young Arbitrators Initiative
  • Valeria Galíndez, Uría Menéndez, São Paulo
    Vice Chair, ITA Young Arbitrators Initiative
Panelists:
  • Lucy F. Reed, Freshfields Bruckhaus Deringer LLP, Hong Kong
  • Brigitte Stern, Emeritus Professor of International Law, University Paris I, Pantheon Sorbonne, Paris
  • Claus von Wobeser, Von Wobeser y Sierra, Mexico City

4:30 pm


Break

4:50 pm


The Arbitrator’s Perspective – Pressing Issues in International Arbitration

Co-Moderators:
  • Ruth Teitelbaum, Freshfields Bruckhaus Deringer US LLP, New York
  • Rodrigo Zamora, Bufete Zamora-Pierce, Mexico City
Panelists:
  • Lucy F. Reed, Freshfields Bruckhaus Deringer LLP, Hong Kong
  • Brigitte Stern, Emeritus Professor of International Law, University Paris I, Pantheon Sorbonne, Paris
  • Claus von Wobeser, Von Wobeser y Sierra, Mexico City

5:30 pm


Closing Remarks

5:35 pm - 6:30 pm


Welcome Reception

7:00 pm - 9:00 pm


25th Anniversary Party celebrating the 25th Annual ITA Workshop

Sambuca 360 - Plano, Texas

Thursday, June 20

25th Annual ITA Workshop: International Arbitration from the Arbitrator's Perspective, cont.

8:00 am


Registration

8:30 am


Welcome Remarks

R. Doak Bishop, ITA Chair, King & Spalding LLP, Houston

8:40 am


ITA: The First Twenty-Five Years

Ewell E. “Pat” Murphy, Houston

9:00 am


The Theory and Reality of the Arbitrator: What is an International Arbitrator

This session will explore the roles and responsibilities of an international arbitrator. To whom does the arbitrator owe duties: only the parties, or also to society? What analogies best capture the nature of these duties and the status of an arbitrator: parties' employee, private judge or independent service provider? To what extent do different roles attach to arbitrators in commercial cases, as contrasted to investor-state disputes?

Moderator:

William W. “Rusty” Park, Professor of Law, Boston University School of Law, Boston

Panelists:
  • Teresa Cheng, Vice Chairperson, Hong Kong International Arbitration Centre, Hong Kong
  • Brigitte Stern, Emeritus Professor of International Law, University Paris I, Paris

9:50 am


Arbitrator Transparency: Lists, Comments and Ratings - A Debate

In this session, Judge Brower and Professor Rogers will discuss the advantages and pitfalls of public lists, comments and arbitrator ratings. Can ratings and comments in peer-review publications assist in the selection of arbitrators? Should there be an online database of information about arbitrators, which provides information about issues such as the arbitrator's case-management skills, the arbitrator's approach with regard to jurisdiction, document discovery, the interpretation of contracts, the arbitrator's intellectual orientation or even the arbitrator's temperament?

Moderator:

Dietmar W. Prager, Workshop Co-Chair
Debevoise & Plimpton LLP, New York

Panelists: 
  • Prof. Catherine Rogers, Professor of Law, Pennsylvania State University, Dickinson School of Law, University Park
  • Hon. Charles N. Brower, 20 Essex Street Chambers, London, and Iran-United States Claims Tribunal, The Hague

10:30 am


Break

11:00 am


Introduction to the Mock

Audley Sheppard, Workshop Co-Chair, Clifford Chance, London

11:05 am


Scene I - Applications to Prevent Counsel from Acting

In this mock hearing, counsel for the Claimant and the Respondent each make applications to the Tribunal that the other counsel should no longer be allowed to represent their client and/or they should be reported by the Tribunal to their bar association or otherwise sanctioned for creating a conflict of interest for the Tribunal Chair and for various alleged ethical violations.

  • Counsel for Claimant - Guido Tawil
  • Junior Counsel for Claimant - Leah D. Harhay
  • Counsel for Respondent - Abby Cohen Smutny
  • Junior Counsel for Respondent - Eduardo Damião Gonçalves
  • Secretary to the Tribunal - Christina Cathey Schuetz
  • Arbitration Tribunal Chair - Lucy Reed
  • Claimant-Appointed Arbitrator - Pierre Bienvenu
  • Respondent-Appointed Arbitrator - Claus von Wobeser

11: 25 am


Scene II - The Arbitrators' Powers to Control Counsel Conduct

The Tribunal deliberates on the respective applications including whether it has the power to remove or sanction counsel.

  • Arbitration Tribunal Chair - Lucy Reed
  • Claimant-Appointed Arbitrator - Pierre Bienvenu
  • Respondent-Appointed Arbitrator - Claus von Wobeser
  • Secretary to the Tribunal Christina - Cathey Schuetz

11:40 am


Panel Discussion

12:00 pm


Audience Q&A

12:10 pm - 1:50 pm


Hosted Luncheon

25 Years of International Arbitration: The Past and The Future

Bernard Hanotiau, Hanotiau & van den Berg, Brussels

2:00 pm


Introduction to the Afternoon

Ann Ryan Robertson, Workshop Co-Chair, Locke Lord LLP, Houston

2:05 pm


The Arbitrator and Considerations of Public Policy

International arbitrators increasingly face public policy issues but the exact parameters of the term “public policy” and its application remain undelineated. Is public policy what a State decrees as public policy? Is there an international public policy? This panel of preeminent international arbitrators will explore the scope of public policy and provide their views on when and how international arbitrators should apply public policy in international commercial arbitrations.

Moderator:

David D. Caron, Dean, The Dickson Poon School of Law, King’s College, London

Panelists:
  • George A. Bermann, Chief Reporter, ALI Restatement (Third) of the US Law of International Commercial Arbitration; Columbia University Law School, New York
  • Anton Maurer, CMS Hasche Sigle, Stuttgart

2:45 pm


Advocacy from the Arbitrator's Perspective: What is Helpful and What is Not?

There are many different techniques and styles of advocacy, but not all are as helpful or persuasive to arbitrators as counsel perhaps believe. This program will focus on the views and experiences of established arbitrators regarding the different approaches encountered and how those approaches are received. This session is of crucial relevance for all aspiring arbitration advocates.

Moderator:

Judith Gill, Q.C., Allen & Overy LLP, London

Panelists:
  • Donald Francis Donovan, Debevoise & Plimpton LLP, New York
  • Jean Kalicki, Arnold & Porter LLP, Washington, D.C.
  • Eduardo Zuleta, Gómez-Pinzón Zuleta, Bogotá

3:45 pm


Break

4:05 pm


Arbitral Decision-Making: The Legal Theory and the Psychological Reality

Much attention has been devoted in arbitration circles recently to the need to improve the quality of arbitral decision-making including the effect of factors unrelated to the merits, such as cognitive biases and culture, that influence outcomes. Manuel Conthe, a distinguished Spanish arbitrator, economist and former chair of Spain’s Securities and Exchange Commission (CNMV), has been a leading spokesperson and author on the subject. In this session, Eduardo Zuleta, will interview Mr. Conthe in what should be a thought-provoking dialogue on the subject.

  • Manuel Conthe, Bird & Bird LLP, Madrid
  • Eduardo Zuleta, Gómez-Pinzón Zuleta, Bogotá

4:35 pm


General Counsel Panel: What Arbitrators Should Do Better

International arbitration has increasingly come under criticism for a variety of perceived ills. In this session, a panel of distinguished in-house counsel from across the globe will share their international arbitration experiences and frankly discuss what “arbitrators should do better.” This candid program promises to be of special interest to all involved in the field of international arbitration.

Moderator:

Alan R. Crain, Senior Vice President, Chief Legal and Governance Officer, Baker Hughes Incorporated, Houston

Panelists:
  • Peter Rees QC, Legal Director, Royal Dutch Shell plc, The Hague
  • Laura M. Robertson, Managing Counsel – Arbitrations, ConocoPhillips, Houston
  • Dr. Anke Sessler, Chief Counsel Litigation, Siemens AG, Munich

5:30 pm


Closing Remarks

R. Doak Bishop, ITA Chair
King & Spalding LLP, Houston

25th Anniversary Party

Wednesday, June 19

Following the Welcome Reception at the hotel on Wednesday night, please join us for a special 25th Anniversary Party celebrating the Workshop’s 25th birthday at Sambuca 360, a nightclub in a lively entertainment district. Sambuca is very near the Center for American and International Law, so we’ll likely do a drive-by along the way.

Tickets for the party are $85, including dinner (heavy hors d’oeuvres), drinks, transportation and birthday cake.

2013 Pat Murphy Award Recipient

The Hon. Charles N. Brower will be presented the Pat Murphy Award on Thursday, June 20 at the Annual Advisory Board Dinner.

The Hon. Charles N. Brower
Iran-U.S. Claims Tribunal, The Hague
20 Essex Street Chambers
London, UNITED KINGDOM

Waltz Across Texas to Cowtown Trip

Friday, June 21

To offer more informal opportunities for participants to get to know each other better, we've organized a just for fun and networking bus trip to nearby Fort Worth on Friday afternoon/evening.  They say "Fort Worth is where the West begins", and it does seem like a different era and a different world from Dallas.  Only 30 miles away, "Cowtown" is proud of its cowboy heritage, and lots of fun, with the Cowgirl Hall of Fame, a great collection of western art at the Amon Carter Museum, dinner at the legendary Cattlemen's Steakhouse in the Fort Worth Stockyards Historical District, and drinking and dancing and mechanical bull riding at Billy Bob’s Texas, “the world's largest honky tonk”, so big it has its own real bull riding rodeo inside.  The bus will depart from the Westin Galleria hotel at 2:30 p.m., returning to the hotel at 8:45 and then again, for those who wish to stay longer, at 11:30. 

Tickets for this Fort Worth adventure are $85.  The trip includes museum tickets, dinner at Cattlemen’s Steakhouse in the Fort Worth Stockyards, entry to Billy Bob’s Texas Honky Tonk (drinks and bull riding fees at Billy Bob’s are on your own) and transportation.

CLE Credits

MCLE Credit

The Workshop has been approved for 7.5 hours (no ethics). Course ID # 901267163. The Roundtable has been approved by the State Bar of Texas for 1.5 hours (no ethics). Course ID # 901267157. Sign-in sheets and/or certificates of attendance will be available for ALL states.

Hotel Information

Westin Galleria Hotel
13350 Dallas Parkway
Dallas, Texas 75240
Rate: $169 night

For those wishing to stay Friday 6/21 and/or Saturday evening 6/22, the hotel is sold out of King rooms, you will need to select the Double Queens option (same room rate) for entire stay in order to reserve a room.

Online Reservations: https://www.starwoodmeeting.com/Book/25thAnnualITAWorkshop

For reservations call +1.972.934.9494 and be sure to mention 25th Annual ITA Workshop to receive the discounted group rate. The deadline to receive the discounted rate is Monday, June 3, 2013.

Other Information

Press Policy

All ITA conferences are held under the Chatham House Rule. Participants, including journalists, are free to use any information received, but comments may not be attributed to any speaker identified by name or affiliation.

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.

Privacy Policy

We do not sell or rent information to any outside parties. By providing your information, you will receive postal and electronic communications from the Institute for Transnational Arbitration (ITA) of The Center for American and International Law (CAIL) in accordance with CAIL's Privacy Policy. If we co-sponsor a program with another organization, information may be shared between the parties. All such co-sponsors will be identified on the event details and registration page. At any point, you can opt-out or unsubscribe by selecting either link at the bottom of each email or call us at 972.244.3400.

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