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Transnational Arbitration

32nd Annual ITA Workshop and Annual Meeting

Ethical Challenges with Virtual Arbitral Proceedings

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Virtual Workshop and Annual Meeting

Past Event

Registration is now closed for this event. Zoom Login information has been sent to all the participants. For all Zoom logins, please connect using the link and password provided for each particular session. We recommend that you login 5-10 minutes prior to each session and make sure you have downloaded the Zoom platform beforehand from Zoom.us and made an account using the same email you used to register for the Workshop. If you are already registered and are experiencing problems with your login, please contact Arbitration Place for troubleshooting at apv@arbitrationplace.com, Tel: 416-848-0203.

Registrar: +1.972.244.3403
ITA: +1.972.244.3414
Fax: +1.972.244.3401
E-Mail: ita@cailaw.org

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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.

With the world turned upside down by the pandemic this year, we have completely revised our originally planned program to better suit the online format. Highlights include: 

  • The keynote address on Ethics and Online Arbitration by Justin D’Agostino
  • An ensuing panel delving deeper into the ethical issues confronted in online arbitration, with Gabriel Costa, Elie Kleiman, Carlos Lapuerta, Sylvia Noury, Lucy Reed and Larry Shore
  • The Young ITA Roundtable, including a mock pre-hearing conference on a motion to proceed online and a world tour of recent developments in Europe, Latin America and Asia, and
  • A Virtual Welcome Reception like none you’ve ever attended before!

The best way to attend the Workshop is as an ITA member for free. For free, ITA members may also attend (and will receive separate invitations to) a variety of additional online events and meetings interspersed with the Workshop activities during June 17-19, including:

  • The Advisory Board Annual Meeting
  • The Advisory Board Annual Reception
  • The Annual Meetings of the Young ITA, the Americas Initiative, ITA editorial boards and the Academic Council, and
  • A memorable virtual version of the renowned ITA Friday Forum.

If you are not an ITA member, join now and attend ALL of the Workshop and Annual Meeting events for free!

Virtual Workshop Co-Chairs

Dominique Brown-Berset
Brown&Page
Geneva

Mimi M. Lee
Managing Counsel, Litigation
Chevron Upstream
San Ramon

Prof. Loukas Mistelis
School of Law, Queen Mary University of London
London

Ank Santens
White & Case LLP
New York

Schedule and Faculty

Wednesday, June 17

10:50 am CDT

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11:00 am CDT

Welcome to the Workshop

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

YOUNG ITA ROUNDTABLE
Presented by Young ITA

11:05 am CDT

Welcome to the Young ITA Roundtable

  • Robert Reyes Landicho, Young ITA Chair, Vinson & Elkins LLP, Houston

11:10 am CDT

Mock Pre-Hearing Conference

Due to travel and in-person hearing restrictions at the seat of arbitration [Paris, France], an arbitration hearing under the 2017 ICC Rules of Arbitration scheduled on 1-14 July 2020 cannot move forward in person.

  • There are two parties. The Claimant (Contractor) is an international construction company based in a Western European country. The Respondent (Employer) is a Middle Eastern company owned by State X.
  • The Governing Law of the Contract is the Laws of State X.
  • The relevant arbitration clause provides that the arbitration shall be in the English language.
  • The relevant arbitration clause provides that “the hearing shall be held in a location in Paris, France to be agreed between the Parties, which will be designated as the ‘Hearing Venue.’”

After invitation by the Arbitral Tribunal for the views of the parties, the Contractor has argued that an online hearing must go forward in the interests of fairness and efficiency, citing financial pressures if an Award is not rendered expediently. The Employer has argued that there would be a grave breach of due process if the hearing would move forward, as this would deprive Respondent of the ability to meaningfully offer or present its witnesses in person (due to the need for two of its four witnesses to testify in Arabic), and because of bereavements in two of the families of two of the expert witnesses which Respondent argues creates an unreasonable burden on its ability to prepare its case at this time.

The parties shall have 22 minutes (11 per side; each side may reserve two minutes for rebuttal) to make submissions. The Arbitral Tribunal shall then have up to 25 minutes to deliberate, to discuss the merits of each party’s positions, and to deliver a reasoned decision. The session will conclude with Q&A from the audience.

Counsel for the Parties

  • Thomas Innes, Steptoe & Johnson (London) - For Claimant
  • Jawad Ahmad, Mayer Brown (London) – For Respondent

Members of the Arbitral Tribunal

  • Stephanie Cohen, Independent Arbitrator, New York – Tribunal Chairperson
  • Anna-Maria Tamminen, Hannes Snellman, Helsinki – Co-Arbitrator, Appointed by Claimant
  • Joseph Chedrawe, Vinson & Elkins LLP, Dubai – Co-Arbitrator, Appointed by Respondent

Q&A via Chat

12:05 pm CDT

Break

12:15 pm CDT

A Tour Around the Arbitration World - Commonalities and Divergences in a Time of Disruption

A group of experienced young practitioners, including some of our Young ITA Regional Representatives, will present on recent developments in international arbitration in their respective jurisdictions, both before the COVID-19 pandemic and after, taking into account how different legal systems have reacted to the disruption.

Moderator: Marike R.P. Paulsson, Senior Advisor, Albright Stonebridge Group, Bahrain

Speakers:

  • Sylvia Samano Beristain, Secretary General, Arbitration Center of Mexico, Mexico City - Young ITA Regional Chair for Mexico and Central America
  • Alexander Leventhal, Quinn Emmanuel, Paris, France – Young ITA Regional Chair for Continental Europe
  • Vinicius Pereira, Campos Mello Advogados in association with DLA Piper, Rio de Janeiro – Young ITA Chair for Brazil
  • Sue Hyun Lim, Secretary General, Korean Commercial Arbitration Board, KCAB INTERNATIONAL, Seoul

Q&A via Chat

1:20 pm CDT

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1:30-2:30 pm CDT

Workshop Welcome Reception

Thursday, June 18

10:50 am CDT

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11:00 am CDT

Welcome Back

  • Joseph E. Neuhaus, ITA Chair, Sullivan & Cromwell LLP, New York
  • Dominique Brown-Berset, Workshop Co-Chair, Brown&Page, Geneva

11:10 am CDT

Keynote Address: Ethics and Online Arbitration - Brave New World or 1984?

Will virtual hearings mean a new age of efficiency, or Big Brother meets the Wild West?  Can we arbitrate online without sacrificing conduct and confidentiality?

  • Justin D’Agostino, CEO, Herbert Smith Freehills, Hong Kong

11:40 am CDT

Break

11:45 am CDT

Online Arbitration Hearing: Ethical Challenges and Opportunities

The interactive panel discussion will address ethical challenges and opportunities relating to online arbitration hearings. Amongst others, the following issues will be addressed: How would a tribunal ensure due process and address issues of asymmetry in access to technology? Can cross-examination of witnesses and experts be meaningfully conducted by video-link? Should online hearing be used more often to reduce travel, our carbon footprint and arbitration costs? The panel was will address several questions submitted via chat option.

Moderator: Sylvia Noury, Freshfields Bruckhaus Deringer LLP, London

Panelists:

  • Gabriel Costa, Managing Counsel Litigation - Latin America & Caribbean, Shell Brasil Petróleo Ltda., Rio de Janeiro
  • Elie Kleiman, Jones Day, Paris
  • Carlos Lapuerta, The Brattle Group, London
  • Lucy F. Reed, Arbitration Chambers – Hong Kong/London/New York, New York
  • Laurence Shore, Bonelli Erede Pappalardo Studio Legale, Milan

Q&A via Chat

1:10 pm CDT

Closing Remarks

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

Other Activities for ITA Advisory Board Members

Wednesday, June 17

9:00 – 10:30 am CDT

Executive Committee Annual Meeting

Thursday, June 18

9:00 - 10:00 am CDT

  • Young ITA Committee Annual Meeting
  • ITA Arbitration Report Board of Reporters Annual Meeting
  • ITA in Review Board of Editors Annual Meeting
  • ITA In-House Counsel Task Force Meeting

4:00 – 4:30 pm CDT

Advisory Board Annual Meeting

4:30 – 5:30 pm CDT

Advisory Board Annual Reception

Friday, June 19

8:50 am CDT

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9:00 - 10:00 am CDT

  • Americas Initiative Committee Annual Meeting
  • Academic Council Annual Meeting

10:25 am CDT

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10:30 - 11:25 am CDT

Friday Morning Forum - Session 1

11:25 - 11:35 am CDT

Break

11:35 - 12:30 pm CDT

Friday Morning Forum - Session 2

12:55 pm CDT

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1:00 - 2:00 pm CDT

Executive Committee Planning Meeting

CLE Credit

This program is approved by the State Bar of Texas for a total of 4.0 hours, including 2.0 hours of ethics. Course ID Number: 174086650.

Sponsorship Opportunities

Sponsorship Opportunities have been revised to recognize the special business pressures on our corporate and firm members this year, and to fit the online format, with new benefits and reduced rates ranging from $1,500 to $1,000.

While we anticipate sharply increased attendance this year enabled by the online format, we also recognize that many of our members are facing challenging circumstances. ITA and our parent The Center for American and International Law are also sailing these unprecedented waters, and we very much appreciate your financial support this year.

For further information, please contact ITA Sponsorships Coordinator Lilly Hogarth at lhogarth@cailaw.org, +1.972.529.3877.

ITA Advisory Board Meeting and Reception Sponsor
$1,500 (up to four sponsors max)

  • Exposure to thousands of ITA constituents
  • Recognition as a sponsor of the Advisory Board Meeting and Reception at the Virtual Workshop, on the Workshop website, in e-marketing and on social media
  • Branded virtual networking table at the Virtual Reception
  • 3 complimentary Virtual Workshop registrations
  • Name/logo on the Workshop website with link to company webpage or company video clip
  • Post-conference recognition at ITA’s website, in its publications ITA in Review and  News & Notes, and on social media 

Workshop Sponsor
$1,500 (up to four sponsors max)

  • Exposure to thousands of ITA constituents
  • Recognition as a sponsor of the Virtual Workshop at the Workshop itself, on the Workshop website, in e-marketing on social media
  • Express recognition in the Workshop introductory remarks at the beginning of each day
  • 3 complimentary Virtual Workshop registrations
  • Name/logo on the Workshop website with link to company webpage or company video clip
  • Post-conference recognition at ITA’s website, in its  publications ITA in Review and  News & Notes, and on social media

Young ITA Dallas Roundtable Sponsor
$1,500 (up to four sponsors max)

  • Exposure to thousands of ITA constituents
  • Recognition as a sponsor of the Dallas Roundtable at the Roundtable itself, on the Workshop website, in e-marketing on social media
  • Express recognition in the introductory remarks at the beginning of the Roundtable
  • 2 complimentary Workshop registrations
  • Name/logo on the Workshop website with link to company webpage or company video clip
  • Post-conference recognition at ITA’s website, in its publications ITA in Review and  News & Notes, and on social media

Welcome Reception Sponsor
$1,500 (up to four sponsors max)

  • Exposure to thousands of ITA constituents
  • Recognition as a sponsor of the Virtual Welcome Reception at the Reception, on the Workshop website, in e-marketing and on social media
  • Branded virtual networking table at the Virtual Welcome Reception
  • 2 complimentary Workshop registrations
  • Name/logo on the Workshop website with link to company webpage
  • Post-conference recognition at ITA’s website,  in its publications ITA in Review and News & Notes, and on social media 

Workshop Online Materials Sponsor
$1,000 (up to four sponsors max)

  • Exposure to thousands of ITA constituents
  • Company/Firm Name on Online Materials Index webpage
  • Recognition as a Workshop Materials Sponsor on the Workshop website, in e-marketing and on social media
  • 1 discounted conference registration
  • Name/logo on the conference website with link to company webpage
  • Post-conference recognition at ITA’s website, in its publications ITA in Review and and  News & Notes, and on social media

Other Information

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.

Coronavirus Message to the ITA Community

With the world turned upside down, our primary concern in all our planning now is for the health of our members, conference participants, staff and the public at large. In this rapidly evolving crisis, we encourage you all to be safe, be informed and help protect others.

ITA is committed to slow the spread of the coronavirus. Accordingly:

  • We have cancelled or postponed all programs through May 31 including the ITA-ASIL Conference scheduled for April 1 and all in-person Young ITA programs.
  • The ITA-ASIL Conference will likely be presented virtually this summer in connection with the postponed but as-yet-unscheduled virtual ASIL Annual Meeting. We will advise you when our options and opportunities become clearer.
  • It is clear enough to us now that our Workshop and Annual Meeting cannot proceed in person in Austin this June. Instead of cancelling the program outright, we have decided to postpone in toto until next year the excellent program assembled by co-chairs Mimi Lee, Loukas Mistelis, Ank Santens and Rob Landicho. Instead, we are developing an innovative, abbreviated virtual Workshop for online presentation together with ITA’s Annual Meeting activities on the originally scheduled dates, June 17-19, 2020. We will be in touch soon with details and registration options.
  • With crisis comes opportunity, as they say. Frankly, we are excited to be working now with our Executive Committee and Academic Council members to develop new virtual means to provide outstanding education and meaningful connections for our members and the international arbitration community.
  • While ITA ‘s work continues, the offices are closed. Our staff remains on duty, working remotely until further notice.

We very much regret that this cancellation of the in-person events has become necessary, but it is necessary, for the safety of all. At this challenging time for all, we very much appreciate your support of ITA, its parent The Center for American and International Law (CAIL), and our common mission to promote justice and the rule of law through education in the US and around the world.

As we weather this national and international emergency together, please be safe and take special care for others on our passage to the other side.

Joe Neuhaus, Chair, and David Winn, Director

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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ITA Advisory Board Meeting and Reception Sponsors

ITA Workshop Sponsors

ITA Workshop Welcome Reception Sponsors

Young ITA Roundtable Sponsor

ITA Workshop Online Materials Sponsor