International Energy Arbitration: An ITA-IEL Joint Winter Forum

Overview

The ITA-IEL Joint Winter Forum on International Energy Arbitration is the first joint conference of the two largest divisions of The Center for American and International Law: the Institute for Transnational Arbitration (ITA) and the Institute for Energy Law (IEL). Featuring experts from both organizations providing perspective on current issues of special concern to counsel litigating the growing number of cross-border energy disputes, the Joint Winter Forum will be presented in collaboration with the Houston International Arbitration Club and in connection with the IEL's 65th Annual Oil & Gas Law Conference (February 19-20) and the ITA's annual midyear Executive Committee and Academic Council meetings.

Download the Brochure (pdf)

For more details, download the online brochure.

Highlights

Conference Co-Chairs

John P. Bowman
King & Spalding LLP
Houston, Texas

Michael S. Goldberg
Baker Botts L.L.P.
Houston, Texas

Susan L. Karamanian
Associate Dean
George Washington University Law School
Washington, D.C.

Tuition

Registration includes the Conference(s), course materials, welcome reception and conference luncheon.

If you plan to attend both the ITA-IEL Winter Forum on International Energy Arbitration (February 20-21) and the preceding Annual Oil & Gas Conference (February 19-20), you can register for both conferences together using this form and save up to $200 in registration fees.  IEL Advisory Board members should register using the special link sent to them by email.

ITA-IEL International Energy Arbitration Forum Only

• $495 / $545 - Regular registration fee
• $395 / $445 - ITA / IEL Advisory Board Member
• $395 / $445 - ITA / IEL Supporting or Sustaining Member Employee
• $395 / $445 - CAIL Member or Member Employee
• $395 / $445 - Academic / Government / Non-Profit Employee

Schedule and Faculty

Thursday, February 20

3:30 pm

Registration

4:00 pm

Welcome

• R. Doak Bishop, ITA Chair, King & Spalding LLP, Houston
• David F. Asmus, IEL Chair, Morgan, Lewis & Bockius LLP, Houston

Conference Co-Chairs:

• John P. Bowman, King & Spalding LLP, Houston
• Michael S. Goldberg, Baker Botts L.L.P., Houston
• Susan L. Karamanian, Associate Dean, George Washington University Law School, Washington, D.C.

WINTER ROUNDTABLE - THE DEBATES

Presented by
IEL Young Energy Professionals
ITA Young Arbitrators Initiative

4:20 pm

Debate: Who are Best Positioned to Decide Disputes Arising Out of the Shale Gas Boom: Arbitrators or Judges?

The boom in shale gas in the U.S. has resulted in a corresponding boom in legal issues. Producers, midstream, and downstream companies face a myriad of legal challenges arising from environmental concerns, regulatory compliance, landowner demands, and contractual obligations amongst all facets of the industry. The boom is also reshaping the energy industry in other parts of the world and creating disputes over expropriation and gas price redeterminations. Our debate will discuss whether these disputes are better decided by arbitrators or courts.

• Moderator: Suzana M. Blades, Senior Counsel, ConocoPhillips, Houston
• For Arbitrators: Jeremy Wilson, Covington & Burling, London
• For Judges: Graig Alvarez, Fernelius Alvarez PLLC, Houston

5:00 pm

Debate: Arbitral Tribunals have Inherent Authority to Apply Principles of Human Rights in Energy Disputes

It is not unknown for arbitral tribunals to apply general principles of law that are not expressed specifically in the underlying contract, treaty or foreign investment law conferring power on the tribunal. When faced with an energy dispute that impacts human rights, do arbitral tribunals have an inherent authority to apply principles of human rights law? If so, what is the source of that authority?

• Moderator: Ruth Teitelbaum, Freshfields Bruckhaus Deringer LLP, New York
• For: Jeff Sullivan, Allen & Overy LLP, London
• Against: Monique Sasson, Ph.D., Co-Managing Editor, ITA Arbitration Report; Associate Editor, KluwerArbitrationBlog, New York

5:45 pm

Welcome Reception

Friday, February 21

8:00 am

Registration and Continental Breakfast

The morning sessions will showcase two important papers on key topics in international energy arbitration which have been selected through a rigorous review process. Each session will begin with a presentation of the paper by the author, followed by commentary by an internationally recognized expert and then interactive discussion among all participants.

ITA and IEL gratefully acknowledge the members of the 2014 Winter Forum Selection Committee:

• Professor Peter Cameron, University of Dundee, Dundee
• Professor Dr. Guido Carducci, Université Paris, Paris
• Professor Chiara Giorgetti, University of Richmond School of Law, Richmond, Virginia
• David Haigh, Burnet Duckworth & Palmer LLP, Calgary
• Professor John Lowe, SMU Dedman School of Law, Dallas
• Professor Alan S. Rau, University of Texas Law School, Austin
• Professor Dan Sarooshi, University of Oxford, Oxford
• Professor S.I. Strong, University of Missouri School of Law, Columbia, Missouri

9:00 am

Can State CounterClaims Salvage Investment Arbitration?
Mark W. Friedman and Ina C. Popova

• Moderator: Susan L. Karamanian, Associate Dean, George Washington University Law School, Washington, D.C.
• Presenter: Mark W. Friedman, Debevoise & Plimpton, New York
• Commentator: Andrea K. Bjorklund, L. Yves Fortier Chair in International Arbitration and International Commercial Law, McGill University Faculty of Law, Montreal, Quebec

9:40 am

Overlapping Investor-State Arbitration Clauses for Energy and Environmental Disputes in the Energy Charter Treaty Area
Odysseas Repousis

• Moderator: Susan L. Karamanian, Associate Dean, George Washington University Law School, Washington, D.C.
• Presenter: Odysseas Repousis, PhD cand. (HKU), LLM in Arb&DR (Dist. - HKU), LLB (Hon. - UOA), Hong Kong
• Commentator: Tomasz J. Sikora, Counsel, International Disputes, Exxon Mobil Corporation, Houston

10:15 am

Break

10:35 am

2013 Year in Review: The Top 10 Developments in International Energy Arbitration

This presentation will consider both investor-state and contractual disputes in the energy sector. It will cast a eye over the wide range of matters that have come before arbitral tribunals in 2013, and will attempt to identify the ten special rulings and industry trends that will have the most important influence on energy arbitration in 2014 and beyond.

Laurence Shore, Herbert Smith Freehills LLP, New York

11:15 am

Panel: Remedies in International Energy Disputes

In many international energy disputes, the remedies sought are not limited to simple damage awards. Among the topics for discussion by this distinguished panel will be interim measures, criminal charges against company executives, environmental claims, price determinations and specific performance.

Moderator:

Michael S. Goldberg, Baker Botts L.L.P., Houston

Panelists:

• Stephen Jagusch, Quinn Emanuel Urquhart & Sullivan UK LLP, London
• James L. Loftis, Co-Chair, International Dispute Resolution, Vinson & Elkins LLP, Houston and London
• Eduardo Silva Romero, Dechert (Paris) LLP, Paris

12:15 pm

Hosted Luncheon

A Conversation with

Hon. Charles N. Brower, Judge, Iran-United States Claims Tribunal, The Hague, 20 Essex Street Chambers, London

With
Prof. Charles H. Brower, II, Wayne State University Law School and Of Counsel, Miller Canfield, Detroit

2:00 pm

Energy Arbitrations with State Enterprises

Because oil and gas is national property in almost all countries other than the United States, most international energy disputes involve State Enterprises. Two highly experienced advocates in arbitrations involving State Enterprises exchange views on what distinguishes these disputes from strictly commercial arbitrations, including issues of sovereign immunity, attribution, document disclosure, contract stabilization, NOC “areas of responsibility,” award enforcement, and settlement prospects and challenges.

Moderator:

John P. Bowman, King & Spalding LLP, Houston

Panelists:

• Miriam K. Harwood, Curtis, Mallet-Prevost, Colt & Mosle LLP, New York
• Abby Cohen Smutny, White & Case LLP, Washington, D.C.

2:45 pm

In-House Counsel Panel: The Inside View of Arbitrating International Energy Disputes

A distinguished panel of In-House Counsel will discuss their views of relevant issues facing companies handling energy disputes within international arbitration. Topics as varied as specific legal issues, company specific considerations and selection of counsel and arbitrators will be on the table. The panel will also take questions from the audience.

Moderator:

Michael S. Goldberg, Baker Botts L.L.P., Houston

Panelists:

• William R. Buck, General Counsel, Upstream, Exxon Mobil Corporation, Houston
• Alan R. Crain, Senior Vice President, Chief Legal and Governance Officer, Baker Hughes Incorporated, Houston
• Bill Noble, Assistant General Counsel, BP America Inc., Houston

3:35 pm

Break

3:55 pm

ITA-IEL Forum

The Forum is an open informal discussion providing the opportunity for arbitrators, arbitration counsel and in-house counsel to share experiences and raise concerns in transnational arbitration in an off-the-record unstructured dialogue format. The agenda for the Forum is determined by the participants, by pre-submitted questions and topics and by spontaneous remarks at the event. Registrants will receive instructions on how to submit questions or topics for discussion at the Forum.

Co-Moderators:

• John P. Bowman, King & Spalding LLP, Houston
• Michael S. Goldberg, Baker Botts L.L.P., Houston
• Susan L. Karamanian, Associate Dean, George Washington University Law School, Washington, D.C.

4:55 pm

Closing Remarks

6:30 pm - 9:30 pm

Joint ITA-IEL Winter Forum Reception and Dinner
(for all winter Forum Registrants, Faculty and Members of the ITA and IEL Advisory Boards)

The Petroleum Club of Houston

Houston Networking Adventure

Saturday, February 22, 2014
Optional – Ticket Price $95

• San Jacinto Battleground and Monument
• Monument Inn Seafood Restaurant
• Wild West Houston

Please indicate on the registration form if you wish to attend – ticket price: $95 per person. A bus will depart from the Westin Galleria Hotel lobby at 3:00 pm and will return to the hotel at about 8:30. Then, for those who wish to continue, country and western dancing at Wild West Houston.

Sponsorship Opportunities

International Energy Arbitration: An ITA-IEL Joint Winter Forum

65th Annual Oil & Gas Law Conference

CLE Credits

MCLE Credit

This program is approved by the State Bar of Texas for 6.75 hours, no ethics. Course ID Number: 901283965. Sign-in sheets and/or certificates of attendance will be available for ALL states.

Hotel Information

The cost of housing is not included in tuition. However, rooms (in limited number) have been reserved at The Westin Galleria Hotel, 5060 W Alabama St., Houston, TX 77056. Registrants should call 1.713.960.8100 and advise them they are attending the "CAIL 2014 Annual Oil & Gas Law" to receive a reduced room rate of $195 + tax. The last day to obtain this special rate is January 27, 2014.

BOOK HOTEL ONLINE

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.