Transnational Arbitration

ITA-IEL-ICC Joint Conference on International Energy Arbitration

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Virtual Conference

Past Event

MCLE Credit available

Details for connecting to the conference will be sent shortly before the event. If you have any queries, please email Gerri Fitzgerald.

Registrar: +1.972.244.3403
ITA: +1.972.244.3414
IEL: +1.972.244.3422
Fax: +1.972.244.3401
E-Mail: ita@cailaw.org or iel@cailaw.org

Overview

Presented by The Institute for Transnational Arbitration and The Institute for Energy Law of The Center for American and International Law and The ICC International Court of Arbitration.

Conference Co-Chairs

Andrew M. Behrman
Baker Botts LLP
New York
Marcela Berdion-Straub
Lead Counsel, Litigation
TOTAL American Services, Inc.
Houston
Maria Chedid
Arnold & Porter Kaye Scholer LLP
San Francisco

Young Lawyers Roundtable Co-Chairs

Katharine Menéndez de la Cuesta
ICC YAF Representative, Holland & Knight LLP
Miami
Quentin Smith
IEL YEP Representative, Vinson & Elkins LLP
Houston
Dr. Crina Baltag
Young ITA Vice Chair, Senior Lecturer in International Arbitration
Stockholm University
Stockholm

Schedule and Faculty

Wednesday, January 20

10:30 am Central


Welcome

  • Alexis Mourre, President, ICC International Court of Arbitration, Paris
  • Laura M. Robertson, IEL Chair, Deputy General Counsel, Litigation and Arbitration & IP, ConocoPhillips Company, Houston
  • Joseph E. Neuhaus, ITA Chair, Sullivan & Cromwell LLP, New York

10:45 am Central


Introduction to the Conference

  • Andrew Behrman, Conference Co-Chair, Baker Botts, New York

10:50 am Central


Keynote Address: How a Biden Administration will impact the Energy Markets

  • Kenneth B. Medlock III, James A. Baker III and Susan G. Baker Fellow in Energy and Resource Economics and Senior Director, Center for Energy Studies, Baker Institute for Public Policy, Rice University, Houston

11:35 am Central


Break

11:40 am Central


Energy Disputes: An Update from the Arbitrators

Energy disputes comprise a significant portion of commercial and investment arbitrations. This Panel will present observations on these disputes from the perspectives of the arbitrators who decide them, including trends in the matters that are coming before arbitral tribunals and learnings from energy arbitrations across different legal systems and geographic regions.

Moderator: Maria Chedid, Arnold & Porter, San Francisco

Panelists:

  • Mohamed S. Abdel Wahab, Zulficar & Partners, Cairo
  • Horacio Grigera Naón, Director, Center on International Commercial Arbitration, Washington College of Law, American University, Washington, D.C.
  • Benjamin Hughes, Independent Arbitrator, Singapore
  • Maxi Scherer, Wilmer Hale, London

12:55 pm Central


Break

1:00-2:00 pm Central


Welcome Reception

Thursday, January 21

10:30 am Central


Welcome Back

  • Andrew Behrman, Conference Co-Chair, Baker Botts, New York

10:35 am Central


Year in Review - The Magnificent Seven

This presentation will consider both investor-state and contractual disputes in the energy sector. It will cast an eye over the wide range of matters that have come before arbitral tribunals in 2020, and will attempt to identify the top seven rulings and industry trends that will have significant influence on energy arbitration in 2021 and beyond.

  • Laurence Shore, BonelliErede, Milan

11:10 am Central


Break

11:15 am Central


In-House Perspectives: The Energy Industry in Transition

This roundtable conversation will give participants a view into the perspectives of in-house counsel from various energy companies in the wake of the COVID-19 pandemic, the recent oil price decline, and the immediate and critical challenges presenting the energy industry today during a period of transition. The speakers will offer their thoughts on how energy companies have managed the bumpy waters of 2020 and are positioning themselves for the future and what impacts they see or foresee in relation to ongoing disputes, business relationships and dispute resolution choices.

Moderator: Marcela Berdion-Straub, Lead Counsel, Litigation, TOTAL American Services, Inc., Houston

Panelists:

  • Chris Bellotti, Assistant General Counsel, Halliburton, Houston
  • James Cowan, Associate General Counsel, Litigation—Americas, Shell Oil Company, Houston
  • Maxime Rabilloud, General Counsel, EP, Total SE, Paris

12:30 pm Central


Break

12:35 pm Central


Diversity Focus: Experience of Black Practitioners in International Energy Arbitration

Join Black outside and inhouse counsel as they explore their paths in the world of international energy arbitration. This discussion will explore the diverse experiences of the panelists, the role of diversity of hiring outside counsel, and thoughts on how to increase diversity in the dynamic international energy arbitration space.

Moderator: Quentin L. Smith, Vinson & Elkins LLP, Houston

Panelists:

  • Hamid Abdulkareem, Aluko & Oyebode, Lagos
  • Igonikon Adekunle, Templers, Lagos
  • Joseph Ope, ExxonMobil Asia Pacific Pte Ltd., Singapore
  • Kwadwo Sarkodie, Mayer Brown, London

1:25 pm Central


Break

1:30-2:30 pm Central


ITA-IEL-ICC Energy Arbitration Forum

The Forum is a special informal opportunity for colleagues in international arbitration to discuss current issues and share concerns off-the-record with our peers. The agenda for this open discussion is determined by the participants who are invited to submit their suggestions in advance and at the Forum itself.

Co-Moderators:

  • Sophie J. Lamb QC, Latham & Watkins LLP, London
  • Kevin O’Gorman, Norton Rose Fulbright, Houston

Friday, January 22

YOUNG LAWYERS ROUNDTABLE

Presented by
ICC Young Arbitrators Forum (YAF)
IEL Young Energy Professionals (YEP)
Young ITA

10:30 am Central


Welcome to the Roundtable

Roundtable Co-Chairs:

  • Crina Baltag, Young ITA Vice Chair, Senior Lecturer, Stockholm University, Stockholm
  • Katharine Menéndez de la Cuesta, ICC YAF Representative, Holland & Knight, Miami
  • Quentin L. Smith, IEL YEP Representative, Vinson & Elkins LLP, Houston

10:45 am Central


Recent Regional Developments in Energy Arbitration, What's the Latest?

This panel will focus on recent regional developments in the energy sector and their impact on international arbitrations. We will discuss the shifting of state policy in South Asia, and how it has affected oil and gas related disputes; the late progress in the tensions between indigenous rights and energy investments in South America; and recent reforms in Africa that may give rise to disputes in the petroleum industry.

Moderator: Sarah Vasani, Addleshaw Goddard LLP, London

Panelists:

  • Javier Jaramillo-Troya, Pérez Bustamante & Ponce, Quito
  • E. Jin Lee, Three Crowns, Washington D.C.
  • Charis Tan, Peter & Kim, Singapore

11:35 am Central


Break

11:40 am Central


Debate on the Energy Charter Treaty Modernisation

The Energy Charter Treaty (ECT) came into force on 16 April 1998 and only in the past ten years has made the headlines, with over 130 arbitrations concerning its investment promotion and protection provisions. In November 2017, the discussions on the modernisation of the ECT were launched and the list of topics to be considered in the modernisation process was put together and approved on 27 November 2018. This list includes, among others: the definition of the notions of ‘investor’ and ‘investment’, the fair and equitable treatment, most favoured nation treatment and expropriation standards, ‘denial of benefits’ clause, third-party funding, transparency, etc. To add to the ECT context, the 2018 Achmea decision of the Court of Justice of the European Union has triggered a forceful discussion as to the intra-EU applicability of the ECT.

This panel will debate two relevant propositions:

  1. This house believes that the definition of the notion of ‘investor’ in Article 1(7) ECT should include the requirement of ‘substantive activity’ in the home Contracting Party, to prevent treaty shopping.
  2. This house believes that ECT is a multilateral treaty and any decisions as to the applicability of intra-EU BITs should not affect it


Introductory Remarks:

  • Crina Baltag, Young ITA Vice Chair, Senior Lecturer, Stockholm University, Stockholm
  • Lukas Stifter, Chair, ECT Modernisation Group, Energy Charter Treaty, Federal Ministry for Digitization and Business Location, Vienna

Moderator: James Hope, Vinge, Sweden

Panelists:

  • Simon Batifort, Curtis, Mallet-Prevost, Colt & Mosle LLP, New York
  • Isabel San Martin, King & Spalding, Paris
  • Dalibor Valincic, Wolf Theiss, Zagreb
  • Agnieszka Zarowna, White & Case LLP, London

Concluding Remarks: James Hope, Vinge, Sweden

12:55 pm Central


Break

1:00-2:00 pm Central


Young Lawyers Networking Reception

For members of the Young ITA, the IEL Young Energy Professionals (YEP), the ICC Young Arbitrators Forum (YAF) and other young lawyers interested in international energy arbitration. Participants will have an opportunity to meet members of the faculty in small groups.

CE Credit

CLE Credit

This program is approved by the State Bar of Texas for a total of 5.75 hours, of which no credit hours will apply to ethics/professional responsibility credit. Course ID Number: 174108608.

MCLE credit will not be requested in any other jurisdiction, but attendees may be able to obtain credit in other jurisdictions by self-applying for credit or through reciprocity rules. ITA in-person conferences are typically accredited by all mandatory CLE states, but MCLE rules, including rules governing online programs, vary in each jurisdiction. Certain programs, subjects, and formats may not receive credit in certain jurisdictions and there may be specific rules regarding who may earn credit or the maximum number of credit hours that may be earned with specific formats. Please review the MCLE regulations and rules of your jurisdiction and contact your regulatory entity if you have specific questions about the jurisdiction’s MCLE rules.

CPA Credit

We will not apply for CPE credit for this virtual conference.

Sponsorship Opportunities

Premier Conference Sponsor - $3,000 each

  • Single page company/firm advertisement in online Conference Materials
  • Recognition as a sponsor in all conference material, including inclusion of company/firm logo
  • Recognition as a sponsor in conference marketing communications, which are emailed to thousands of business leaders, counsel and other ITA, IEL and ICC constituents
  • Oral and visual recognition as sponsor during each day of the conference
  • Recognition as a sponsor on the conference website
  • 6 complimentary registrants at conference
  • Post-conference recognition

Young Lawyers Roundtable Sponsor - $1,500 each

  • Recognition as a sponsor in all conference material, including inclusion of company/firm logo
  • Recognition as a sponsor in conference marketing communications, which are emailed to thousands of business leaders, counsel and other ITA, IEL and ICC constituents
  • Oral and visual recognition as sponsor during the Young Lawyers Roundtable
  • Recognition as a sponsor on the conference website
  • 3 complimentary registrants at the conference
  • Post-conference recognition

Welcome Reception Sponsor - $1,500 each

  • Recognition as a sponsor in all conference material, including inclusion of company/firm logo
  • Recognition as a sponsor in conference marketing communications, which are emailed to thousands of business leaders, counsel and other ITA, IEL and ICC constituents
  • Oral and visual recognition as sponsor during the Reception
  • Recognition as a sponsor on the conference website
  • 3 complimentary registrants at the conference
  • Post-conference recognition

Conference Materials Sponsor - $1,500 each

  • Exposure to thousands of ITA, IEL and ICC constituents
  • Company/Firm Name and link on Online Materials index webpage
  • Recognition as an Online Materials Sponsor on the conference website, in e-marketing and on social media
  • Complimentary conference registration
  • Name/logo on the conference website with link to company webpage
  • Post-conference recognition

For more information about sponsorship opportunities, please contact Lilly Hogarth, Sponsorship Coordinator at lhogarth@cailaw.org or +1 (972) 244-3424.

Other Information

ICC Privacy Policy

Your information will also be collected by the International Chamber of Commerce (ICC) for the purpose of registering you for the event. You may receive postal and electronic communications from ICC related to ICC Arbitration and ADR activities in accordance with ICC's Privacy Policy. At any point, you can opt-out or unsubscribe by contacting Kristina.Chang@iccwbo.org (for North America contact list) or ICC_Connect@iccwbo.org (for global contact list).

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The Center for American and International Law does not discriminate on the basis of race, color, sex, religion, national origin, age, disability, veteran status, sexual orientation, gender identity, or any other protected status in educational activities, scholarship programs or admissions.

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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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