Transnational Arbitration

10th 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 by January 19. If you registered but have not received a link to participate by January 19, please email Claudia Saddler.


Registrar: +1.972.244.3403
ITA: +1.972.244.3414
IEL: +1.972.244.3421
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.

The ITA, IEL and ICC combine again to present their 10th annual review of the year past and the year ahead in the arbitration of international disputes in the energy industry.

For the safety of all, in the face of the fast-spreading omicron COVID variant, we have determined to present the entire conference virtually. To best accommodate our registrants and speakers from around the world, we have revised the program timing slightly (below). All registrants will receive details for connecting to the conference by January 19. If you registered but have not received a link to participate by January 19, please email Claudia Saddler.

Conference Co-Chairs

Kevin O’Gorman
Norton Rose Fulbright
Houston
Natalie L. Reid
Debevoise & Plimpton
New York
Mark Stefanini
Mayer Brown International
London

Schedule and Faculty

Thursday, January 20

9:00 am Central


WELCOME

  • Tom Sikora, ITA Chair, Senior Counsel - International Disputes Group, Exxon Mobil Corporation, Houston
  • Claudia Salomon, President, ICC International Court of Arbitration, Paris
  • Laura M. Robertson, IEL Chair, Deputy General Counsel – Litigation, IP & Legal Operations, ConocoPhillips Company, Houston

9:15 am


INTRODUCTION TO THE CONFERENCE

Conference Co-Chairs

  • Kevin O’Gorman, Norton Rose Fulbright, Houston
  • Natalie L. Reid, Debevoise & Plimpton, New York
  • Mark Stefanini, Mayer Brown International, London

9:25 am


TRIBUTE TO MARTIN HUNTER

  • Constantine Partasides QC, Three Crowns, London

9:30 am


INTERNATIONAL ARBITRATION AND THE RULE OF LAW: THE LIBYAN OIL ARBITRATIONS

Commemorating the 75th Anniversary of The Center for American and International Law

Sir Christopher John Greenwood GBE CMG QC, Master of Magdalene College, Cambridge and former British judge at the International Court of Justice, London

9:45 am


BREAK

9:50 am


KEYNOTE ADDRESS: THE TRANSITION ROLLERCOASTER
A Paradox is that the Energy Transition is Policy not Market Driven and will require a significant expansion in state roles in the energy sector. Yet, at the same time it cannot achieve its goals without very large scale funding from the private sector.  For lawyers, the challenge will be how to design or adapt protections for investors, especially foreign investors, that make it possible for them to participate on scale. This will question the current balance of protections in investor-state arbitration which was designed in different circumstances for a very different and more stable energy world.  Questions they will need to consider: What do disputes to date tell us about the shape and limits of such protections? Are there regional or jurisdictional differences? Are there peculiarities in federal states that complicate matters? What sense is there to the notion of 'stability' in long term agreements in this context and will arbitrators be supportive? The talk will cover: (1) Disputes in new kinds of energy – renewables, and (2) Disputes in traditional kinds of energy – oil and gas. It will then draw up a checklist of early lessons with indications of areas of concern and sources of optimism.

  • Prof. Peter Cameron, Director, Centre for Energy, Petroleum & Mineral Law & Policy, University of Dundee, Dundee

10:20 am


BREAK

10:30 am


AROUND THE WORLD IN RENEWABLES
This panel will survey current and brewing disputes across different jurisdictions, including Spain, which in 2021 saw the 50th treaty claim from renewable energy investors, and Mexico, which is undergoing significant legal and regulatory changes in the energy sector. The panelists will also discuss the direction future renewables disputes may take, given trends and developments in the renewables sector.

ModeratorGuilherme Recena Costa, Debevoise & Plimpton LLP, New York

Panelists:

  • Stephanie Collins, Gibson, Dunn & Crutcher LLP, London
  • Dora Grunwald, Osborne Partners, London
  • Mariana Herrero, Galicia Abogados, S.C., Mexico City
  • Carmen Martinez Lopez, Three Crowns LLP, London

11:20 am


NETWORKING BREAK

11:40 am


DISPUTES UNDER PRODUCTION SHARING AGREEMENTS – CONTINUED TURBULENCE?
Production sharing agreements are a mainstay of the energy world and allocate risks and rewards for the exploitation of natural resources, including oil and gas, between host states and international energy companies. This panel will address both new and perennial issues that arise under PSAs such as stabilization provisions, cost-recovery, commercial disputes, and post-termination matters including decommissioning and environmental claims.

ModeratorKevin O’Gorman, Norton Rose Fulbright, Houston

Panelists:

  • Richard Deutsch, Pillsbury Winthrop Shaw Pittman, Houston
  • Elisabeth Eljuri, Independent Arbitrator, Elisabeth Eljuri, P.A., Miami
  • Milena Szuniewicz-Wenzel, Clyde & Co, London

12:30 pm


BREAK

12:40 pm


ORAL HISTORY INTERVIEW

A Conversation with

Edna Sussman
Sussman ADR LLC
New York

Interviewed by

Prof. Pamela Bookman
Fordham University School of Law
New York

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.wRE

1:30 pm


BREAK

YOUNG LAWYERS ROUNDTABLE

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

Roundtable Co-Chairs:

  • Catherine Bratic, Young ITA Chair, Hogan Lovells, Houston
  • Valeriya Kirsey, IEL YEP Representative, Baker Botts, London
  • Florencia Villaggi, ICC YAF Representative, Herbert Smith Freehills, New York

1:40 pm


WELCOME TO THE ROUNDTABLE

  • Florencia Villaggi, ICC YAF Representative, Herbert Smith Freehills, New York

1:50 pm


VALUING ENERGY IN ARBITRATION DISPUTES
The fluctuating price of energy can both give rise to disputes and determine damages. This panel will tackle pricing and valuation issues that arise in international commercial arbitration disputes, including: recent developments and current trends in LNG and gas price reviews; price spikes in response to demand surges; how fluctuations in oil prices can impact damages; the negative oil price paradox; and fluctuations in spot gas prices at traded hubs.

ModeratorValeriya Kirsey, IEL YEP Representative, Baker Botts, London

Panelists:

  • Luis Agosti, Compass Lexecon, London
  • Catherine Anne Kunz, Lalive, Geneva
  • Crosby MacDonald, BRG, Vancouver / Calgary / Singapore / Hong Kong
  • Benjamin T. Sweet, Counsel, Chevron Upstream Law, North America Litigation Management, Houston

2:55 pm


BREAK

3:05 pm


ENERGY TRANSITIONS AND NEW TECHNOLOGIES: NEXT GENERATION OF CONTRACTS AND DISPUTES
This panel will focus on the latest trends in energy production, including energy companies’ efforts in achieving carbon-neutral production and renewables technology. Speakers will discuss how contracts for green LNG, hydrogen, helium and solar manufacturing differ from traditional oil-and-gas contracts, and what new approaches are required to disputes.

ModeratorCatherine Bratic, Young ITA Chair, Hogan Lovells, Houston

Panelists:

  • Brandon Caire, Director of Litigation, Air Liquide, Houston
  • Emma Johnson, Ashurst, London
  • Cynthia Martinez, Assistant General Counsel - Renewable Energy, TotalEnergies, Houston

4:10 pm


ADJOURN

Friday, January 21

9:00 am


2021 YEAR IN REVIEW: THE TOP 10 (or close to 10) DEVELOPMENTS IN INTERNATIONAL ENERGY ARBITRATION
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 2021, and will attempt to identify the ten (or close to ten) special rulings and industry trends that will have the most significant influence on energy arbitration in 2022 and beyond.

  • Laurence Shore, BonelliErede, Milan

9:40 am


BREAK

9:50 am


ETHICALLY CHALLENGED?
This panel will consider the increasing prevalence of challenges to arbitrators in both investor-state and contractual disputes. The panel will cast its eye over recent developments in this area and consider the future approach to this issue in both contexts including questions such as: What is being done to combat tactical challenges? How successful are attempts to further regulate in this area likely to be?

Moderator: William W. Russell, Reed Smith LLP, Houston

Panelists:

  • Claudia Salomon, President, ICC International Court of Arbitration, Paris
  • Doak Bishop, King & Spalding, Houston
  • Prof. Loukas Mistelis, Queen Mary University, London
  • Gonzalo Flores, Deputy Secretary-General of the International Centre for Settlement of Investment Disputes (ICSID), Washington, D.C.

10:40 am


NETWORKING BREAK

11:00 am


ARBITRATION OF CLIMATE CHANGE-RELATED DISPUTES
This session will discuss both current climate change-related energy disputes and future developments in the arbitration of such disputes, following the 2019 ICC Task Force Report and the commitments made by States and business enterprises.

Moderator: Natalie Reid, Debevoise & Plimpton, New York

In conversation with

Wendy Miles QC, Twenty Essex, London; Co-Chair, ICC Arbitration and ADR Commission Task Force Report on Resolving Climate Change Related Disputes through Arbitration and ADR (2019)

11:30 am


BREAK

11:40 am


ITA-IEL-ICC 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:

  • James Dingley, Ivanyan and Partners, Moscow
  • Myriam Seers, Savoie Laporte, Toronto

1:00 pm


CLOSING REMARKS

CLE Credit

Course ID Number: 174140728. This program is approved by the State Bar of Texas for 6.00 hours, including 0.75 hour of ethics/professional responsibility.  Credit hours for other states will vary and are subject to each state’s approval and credit rounding rules.

For this conference, ITA & IEL will directly apply (if requested) for course accreditation in the following states: California, New Mexico, Ohio, Oklahoma, Pennsylvania, Texas, West Virginia and Virginia. Some of these states may not approve a program for credit hours before the program occurs. Attorneys may be eligible to receive CLE credit through reciprocity or attorney self-submission in other states. ITA & IEL conferences are typically accredited by all mandatory CLE states.

Sponsorship Opportunities

Premier Sponsor - $4,000 each

  • 6 complimentary registrants at conference
  • 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
  • Recognition as a sponsor on the conference website
  • Single page company/firm advertisement in online Conference Materials
  • Opportunity to add links and materials to online conference exhibitor booth
  • Oral and visual recognition as sponsor during each day of the conference
  • Post-conference recognition

Gold Sponsor - $2,500 each

  • 3 complimentary registrants at conference
  • 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
  • Recognition as a sponsor on the conference website
  • Opportunity to add links and materials to online conference exhibitor booth
  • Oral and visual recognition as sponsor during each day of the conference
  • Post-conference recognition

Silver Sponsor - $1,500 each

  • 1 complimentary registrant at conference
  • 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
  • Recognition as a sponsor on the conference website
  • Opportunity to add links and materials to online conference exhibitor booth
  • Oral and visual recognition as sponsor during each day of the conference
  • Post-conference recognition

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