Transnational Arbitration

34th Annual ITA Workshop and Annual Meeting

-

Austin, Texas

Past Event

MCLE Credit available

The Line Hotel
111 E Cesar Chavez St.
Austin, Texas 78701

View Map

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

Overview

The ITA Workshop, held 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.

At the conclusion of the Workshop on Thursday evening, members of the ITA Advisory Board, the Workshop faculty and their guests mix a bit of business with pleasure at the Advisory Board Annual Dinner. On Friday morning, members of the Advisory Board, Academic Council, ITAAR Board of Reporters, ITAFOR Moderators and Contributors, and the Workshop faculty reassemble for the annual open discussion ITA Forum and other membership activities.

Highlights

  • A presentation on The Nuremberg Trial, Then and Now by Philippe Sands QC (University College, London), the next in a series of activities this year in honor of the 75th anniversary of The Center for American and International Law
  • Twin keynote addresses by Toby Landau QC (Duxton Hill Chambers, Singapore) and Isabelle Michou (Quinn Emanuel Urquhart & Sullivan, Paris) presenting common law and civil law perspectives on Witness Evidence and the Overall Purpose of a Hearing
  • Expert panels on Oral Argument, Examination of Fact and Expert Witnesses, Witness Reliability, the Role of Arbitrators and Post-Hearing Deliberations
  • An oral history interview with Prof. George A. Bermann (Jean Monnet Professor of EU Law and Walter Gellhorn Professor, Columbia Law School, New York) by Prof. Andrea Bjorklund (L. Yves Fortier Chair in International Arbitration and International Commercial Law, McGill University Faculty of Law, Montreal)
  • Young Lawyers Roundtable including a Young ITA Regional Chairs tour of the arbitration world and a review of interim measures
  • An exceptional international faculty carefully selected for this mini-master class
  • A variety of social/networking events, including a special Hill Country Adventure

Conference Co-Chairs

Kate Davies QC
Allen & Overy LLP
London

Prof. Patricia Shaughnessy
Stockholm University Faculty of Law
Stockholm

Laurence Shore
Bonelli Erede Pappalardo Studio Legale
Milan

Lidia Rezende
Young ITA Roundtable Chair
Chaffetz Lindsey LLP
New York

Schedule and Faculty

(All times listed are CDT)

Wednesday, June 15

2:30 pm REGISTRATION


3:00 WELCOME TO THE WORKSHOP

  • Tomasz J. Sikora, Chair, ITA Advisory Board, Senior Counsel International Disputes, Exxon Mobil Corporation, Houston

3:10 RULE OF LAW PRESENTATION: THE NUREMBERG TRIAL, THEN AND NOW

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

  • Prof. Philippe Sands QC, University College, London

YOUNG ITA ROUNDTABLE

Presented by
YOUNG ITA

3:30 WELCOME TO THE ROUNDTABLE

  • Catherine Bratic, Chair, Young ITA, Hogan Lovells US LLP, Houston

3:35 A TOUR AROUND THE ARBITRATION WORLD

A group of experienced young practitioners, including some of our Regional Representatives, will present on recent developments in international arbitration in their respective jurisdictions. In an interactive discussion, our panelists will identify global trends and discuss the intricacies of practicing international arbitration across the globe.

Moderator: Enrique Jaramillo, Young ITA Thought Leadership Chair, Locke Lord LLP, Houston

Panelists:

  • Michael Fernandez, Young ITA North America Vice Chair, Rivero Mestre, New York
  • Asha Rajan, Young ITA Western Europe Chair, Dentons, Paris
  • Guilherme Piccardi, Young ITA Brazil Vice Chair, Pinheiro Neto Advogados, São Paulo
  • Jose F. Sanchez, Vinson & Elkins, New York

4:30 INTERIM MEASURE PRACTICES IN COMMERCIAL ARBITRATION AROUND THE WORLD

Join us for an overview of the use of interim measures around the world. Speakers from four different global regions will address the use of interim measures in commercial arbitration cases with a connection to their home jurisdiction, focusing on whether interim relief is normally sought before the arbitral tribunal or the court of competent jurisdiction, the advantages and disadvantages of seeking interim measures from courts of their home jurisdiction, and whether courts in their jurisdiction would enforce an emergency order or award.

Moderator: Lídia Rezende, Roundtable Chair and Young ITA North America Chair, Chaffetz Lindsey LLP, New York

Panelists:

  • André Marini, Gaillard Banifatemi Shelbaya Disputes, Paris
  • Dharshini Prasad, Willkie Farr & Gallagher LLP, London
  • Vanessa Winkler, MAMG Advogados, São Paulo
  • Samuel L. Zimmerman, Hogan Lovells, New York

5:25 CLOSING REMARKS

  • Lídia Rezende, Roundtable Chair and Young ITA North America Chair, Chaffetz Lindsey LLP, New York

5:30-6:45 WORKSHOP WELCOME RECEPTION

The Line Hotel


7:00-8:45 WORKSHOP DINNER (optional) at Ironworks BBQ

Please indicate on the registration form if you wish to attend - ticket price: $85 per person.

THURSDAY, JUNE 16

8:00 am REGISTRATION AND CONTINENTAL BREAKFAST


9:00 WELCOME BACK

  • Tom Sikora, Chair, ITA Advisory Board

9:05 INTRODUCTION TO THE PROGRAM AND KEYNOTE SPEAKERS


9:10 JOINT KEYNOTE: WITNESS EVIDENCE AND THE OVERALL PURPOSE OF A HEARING

FROM A COMMON LAW PERSPECTIVE:

  • Toby Landau QC, Duxton Hill Chambers, Singapore

FROM A CIVIL LAW PERSPECTIVE:

  • Isabelle Michou, Quinn Emanuel Urquhart & Sullivan, Paris

9:50 ORAL ARGUMENT – WHAT IS IT, WHY DO IT AND WHAT CAN GO WRONG?

A close look at both oral and closing argument: their different purposes, why do them, oral vs written closings and what does and does not work from the point of view of the arbitrator.

Moderator: Klaus Reichert, Brick Court Chambers, London

Panelists:

  • Babatunde Fagbohunlu, Aluko & Oyebode, Lagos
  • Alexander Gunning QC, One Essex Court, London
  • Yoshimi Ohara, Nagashima Ohno & Tsunematsu, Tokyo
  • Anne Véronique Schlaepfer, White & Case SA, Geneva

10:50 COFFEE BREAK


11:10 EXAMINATION OF WITNESSES (FACT AND EXPERT)

A close look at direct, cross and re-examination of fact and expert witnesses: the purpose of each, how to approach cross examination from start to finish, what is different about cross examining an expert and how to approach it, to re-exam or not to re-exam, that is the question.

Moderator: Inka Hanefeld, Hanefeld, Hamburg/Paris

Panelists:

  • C. Mark Baker, Norton Rose Fulbright US LLP, Houston
  • Cristián Conejero Roos, Cuatrecasas, Santiago de Chile
  • Roman Khodykin, Bryan Cave Leighton Paisner, London
  • David W. Rivkin, Debevoise & Plimpton LLP, New York

12:30 WORKSHOP LUNCHEON

A Conversation with

Prof. George A. Bermann
Jean Monnet Professor of EU Law and Walter Gellhorn Professor
Columbia Law School
New York

With

Prof. Andrea K. Bjorklund
L. Yves Fortier Chair in International Arbitration
and International Commercial Law
McGill University Faculty of Law
Montreal

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.


2:20 THE PROBLEM WITH A WITNESS …

Since Toby Landau QC first gave the Kaplan Lecture on the Fallacy of Witness Evidence in 2010 (and since his speech to the ICC Commission in 2015 on Unreliable Recollections), there has been increasing awareness about the malleability and dynamic nature of human memory and how the process of preparing for and attending a hearing can taint and even distort the evidence of a witness and thereby undermine, rather than assist in eliciting the ‘truth’. This session will look in depth at how some of those issues arise, from the drafting of witness statements to the preparation of witnesses for a hearing as well as some of the approaches to (and rules governing) the preparation of witnesses for a hearing in different jurisdictions, exploring whether that gives rise to an unlevel playing field in international arbitration.

ModeratorKate Davies QC, Allen & Overy LLP, London

Panelists:

  • Prof. Kimberley Wade, University of Warwick, Coventry
  • Prof. Dr. Maxi Scherer, WilmerHale, London
  • Ed Williams QC, Cloisters, London

3:30 THE ROLE OF THE ARBITRATORS - WHAT THEY CAN AND SHOULD DO TO ENSURE THAT A HEARING IS EFFICIENT, EFFECTIVE AND LEADS TO A SOUND RESULT

The most efficient and effective hearings are often those where the arbitrators take an active role in shaping the submissions made and the evidence heard.  This may involve arbitrators guiding or even leading on the list of issues (for example, by directing the parties on what issues they wish to be addressed on), pro-actively requiring uniform rules for the preparation and content of witness statements (as for example now exists in the English Commercial Court), proposing (and persuading the parties to agree to) the tribunal ruling on the papers, or giving early directions for those witnesses and/or experts whose evidence the tribunal does not consider to be relevant and thus dispensing with the need for cross examination.

Moderator: Doug Jones, Sydney Arbitration Chambers, Sydney

Panelists:

  • Grant Hanessian, Hanessian ADR, LLC, New York
  • Benjamin Hughes, Fountain Court Chambers, Singapore
  • Laurent Lévy, Lévy Kaufmann-Kohler, Geneva

4:20 COFFEE BREAK


4:40 ARBITRATORS’ DELIBERATIONS POST-HEARING

A panel session in which the arbitrators themselves will open the door to their deliberations and discuss matters including how they organize deliberations (do they wait until the hearing is over or do they discuss the evidence as the hearing progresses), how they address and resolve  disagreement, what they do if deliberations reveal they need further submissions from the parties, how useful they find post hearing submissions (over oral closings) in assisting their decision making, and what the dynamics of having a dissenting arbitrator are (or what it is like being the dissenting voice in a majority).

Moderator: John Fellas, Fellas Arbitration, Croton on Hudson, New York

Panelists:

  • Lucy Reed, Arbitration Chambers, New York
  • Christopher Boog, Schellenberg Wittmer Ltd, Zurich
  • Janet Walker, Toronto Arbitration Chambers, Toronto

5.20 CONCLUDING REMARKS

  • Kate Davies QC, Prof. Patricia Shaughnessy, Laurence Shore, Workshop Co-Chairs

Other Activities for ITA Advisory Board Members and Guests

Thursday, June 16

7:45 am Young ITA Annual Meeting


6:15-8:45 pm Advisory Board Reception and Annual Dinner Meeting


The Driskill Hotel

Reception 6:15-7:15
Dinner 7:15-8:45

Friday, June 17

7:45 am ITA Americas Initiative Annual Meeting


9:00 am ITA Forum

The ITA Forum is an informal, off-the-record discussion of current developments and concerns in international arbitration among ITA members, Workshop faculty, and special guests.  The agenda for this open discussion is determined by the participants.


10:15 am Break


10:45 am ITA Forum, continued


12:00 pm Adjourn

Hill Country Adventure

On Friday afternoon/evening (June 17), to offer all members, faculty and Workshop participants an opportunity to get to know each other better, we’ve organized an optional just-for-fun Hill Country Networking Adventure, with a drive through the rolling Texas Hill Country to the LBJ Ranch National Historical Park (the “Texas White House” during Lyndon Johnson’s presidency), to the charming old German-Texas town of Fredericksburg in the heart of the Texas Wine Country, and on to tiny Luckenbach, “where everybody is somebody”. Tickets are $120 per person, including LBJ Park tickets and dinner and drinks in Fredericksburg. The bus will depart the hotel at 2:00, returning to the hotel by 10:00. Those who wish to keep the party rolling will continue on for country and western dancing at the classic Broken Spoke honky-tonk in Austin. 

What Else To Do in Austin

Those who really want to savor Austin’s charms may want to extend your visit to Sunday. There are no scheduled activities on Saturday or Sunday (yet), but here are some suggestions:

Go to Visit Austin

Hotel Information

The Line Hotel
111 E. Cesar Chavez Street
Austin, TX 78701

A limited number of rooms are reserved at the special rate of $179 plus $25 amenity fee per day; plus taxes and fees.  The last day for this group discount is May 27, 2022 at 5:00pm CST.  Make your reservations directly with the hotel’s online reservation link or call 512-473-1566.  The room block name is ITA Conference and the code is 06132022IT.

Book Your Hotel Here

Sponsorship Opportunities

ITA Advisory Board Reception and Dinner – The Driskill Hotel
$5,000 as general sponsor

  • Exposure to thousands of ITA constituents
  • Recognition as a sponsor of the Workshop Dinner at the Dinner, on the conference website, in the brochure, in e-marketing, on social media and at the conference
  • 4 complimentary Workshop registrations (all events) and 2 discounted registrations (20% off)
  • Up to 8 complimentary guests at the Dinner
  • One reserved table at the dinner, if desired
  • Name/logo on the conference website with link to company page
  • 1 exhibition table for promotional materials
  • Opportunity to provide promotional gifts in conference bags
  • Post-conference recognition at ITA’s website and in its quarterly News & Notes

Workshop Dinner
$15,000 as exclusive sponsor or $4,000 as general sponsor

  • Exposure to thousands of ITA constituents
  • Recognition as a sponsor of the Workshop Dinner at the Dinner, on the conference website, in the brochure, in e-marketing, on social media and at the conference
  • 3 complimentary Workshop registrations (all events) and 2 discounted registrations (20% off)
  • Up to 4 complimentary guests at the Dinner
  • Name/logo on the conference website with link to company page
  • 1 exhibition table for promotional materials
  • Opportunity to provide promotional gifts in conference bags
  • Post-conference recognition at ITA’s website and in its quarterly News & Notes

Workshop Luncheon
$10,000 as exclusive sponsor or $3,500 as general sponsor

Featuring an Oral History Interview of Prof. George A. Bermann by Prof. Andrea K. Bjorklund

  • Exposure to thousands of ITA constituents
  • Recognition as a sponsor of the Workshop Luncheon at the luncheon, on the conference website, in the conference brochure, in e-marketing, on social media and at the conference
  • 2 complimentary Workshop registrations (all events) and 1 discounted registration (20% off)
  • Up to 4 complimentary guests at the Luncheon
  • Name/logo on the conference website with link to company page
  • 1 exhibition table for promotional materials
  • Post-conference recognition at ITA’s website and in its quarterly News & Notes

Canvas Bag
$3,000 as general sponsor

  • Exposure to thousands of ITA constituents
  • Recognition as a sponsor of the Canvas Bag on the conference website, in the conference brochure, in e-marketing, on social media and at the conference
  • 2 complimentary Workshop registrations (all events) and 1 discounted registration (20% off)
  • Name/logo on the conference website with link to company page
  • 1 exhibition table for promotional materials
  • Post-conference recognition at ITA’s website and in its quarterly News & Notes

Welcome Reception (SOLD)
$7,000 as exclusive sponsor

  • Exposure to thousands of ITA constituents
  • Recognition as a sponsor of the Welcome Reception at the reception, on the conference website, in the conference brochure, in e-marketing, on social media and at the conference
  • 1 complimentary Workshop registration (all events) and 1 discounted registration (20% off)
  • 2 complimentary guests at the Welcome Reception
  • Name/logo on the conference website with link to company page
  • Space for promotional materials
  • Post-conference recognition at ITA’s website and in its quarterly News & Notes

Workshop Coffee Breaks
$6,000 as exclusive sponsor or $2,500 as general sponsor

  • Exposure to thousands of ITA constituents
  • Recognition as a Coffee Breaks Sponsor on the conference website, in the conference brochure, in e-marketing, on social media and at the conference
  • 2 discounted conference registrations (20% off)
  • Name/logo on the conference website with link to company page
  • Space for promotional materials at the conference
  • Post-conference recognition at ITA’s website and in its quarterly News & Notes

Wi-Fi Sponsorship (SOLD)
$5,000 as exclusive sponsor

  • Company/Firm Name as wifi code for the conference
  • Exposure to thousands of ITA constituents
  • Recognition as wifi sponsor on the conference website, in the conference brochure, in e-marketing, on social media and at the conference
  • 2 complimentary Workshop registrations (all events) and 1 discounted registration (20% off)
  • Name/logo on the conference website with link to company page
  • 1 exhibition table for promotional materials
  • Post-conference recognition at ITA’s website and in its quarterly News & Notes

Lanyard Sponsorship (SOLD)
$5,000 as exclusive sponsor

  • Company/Firm Name on one side of the conference name badge lanyard (Conference Title on the other)
  • Exposure to thousands of ITA constituents
  • Recognition as Lanyard Sponsor on the conference website, in the conference brochure, in e-marketing, on social media and at the conference
  • 2 complimentary Workshop registrations (all events) and 1 discounted registration (20% off)
  • Name/logo on the conference website with link to company page
  • 1 exhibition table for promotional materials
  • Post-conference recognition at ITA’s website and in its quarterly News & Notes

Conference Breakfast
$4,000 as exclusive sponsor

  • Exposure to thousands of ITA constituents
  • Recognition as a sponsor on the conference website, in the conference brochure, in e-marketing and at the conference
  • 2 discounted conference registrations (20% off)
  • Space for promotional materials at the conference
  • Name/logo on the conference website with link to company page

Charging Station
$4,000 as exclusive sponsor

  • Exposure to thousands of ITA constituents
  • Recognition as a sponsor on the conference website, in the conference brochure, in e-marketing and at the conference
  • 2 discounted conference registrations (20% off)
  • Space for promotional materials at the conference
  • Name/logo on the conference website with link to company page

Full Page Conference Materials Binder Advertisement (SOLD)
$4,000 as exclusive sponsor

  • Full page Company/Law Firm Advertisement on the back of the Conference Materials Binder
  • Exposure to thousands of ITA constituents
  • Recognition as Conference Binder Sponsor on the conference website, in the conference brochure, in e-marketing, on social media and at the conference
  • 2 complimentary Workshop registrations (all events)
  • Name/logo on the conference website with link to company page
  • 1 exhibition table for promotional materials
  • Post-conference recognition at ITA’s website and in its quarterly News & Notes

Young ITA Roundtable
$2,500 as general sponsor

  • Exposure to thousands of ITA constituents
  • Name/logo on the conference website with link to company page
  • Recognition as a sponsor of the Roundtable at the Roundtable, on the conference website, in the conference brochure, in e-marketing, on social media and at the conference
  • 1 complimentary Workshop registration (all events)
  • 1 complimentary guest at the Welcome Reception
  • Space for promotional materials at the Roundtable
  • Post-conference recognition at ITA’s website and in its quarterly News & Notes

Exhibitor
$2,000

  • Exposure to thousands of ITA constituents
  • Name/logo on the conference website with link to company page
  • Space for promotional materials at the conference
  • Post-conference recognition at ITA’s website and in its quarterly News & Notes

CLE Credit

This program is approved by the State Bar of Texas for a total of 8.5 hours, no ethics. Course ID Number:174161635. Credit hours for other states will vary and are subject to each state’s approval and credit rounding rules.

For this conference, ITA 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. Attorneys filing by self-submission in certain states may be required to pay an additional fee. ITA conferences are typically accredited by all mandatory CLE states.

Other Information

VISA Information

If you require a letter of invitation to obtain a visa for travel to the United States to attend our conference, registration must be completed and paid in full before a letter may be requested.  A copy of your registration/payment receipt must accompany your request.  The invitation letter will only be sent by email to the address you provide during registration.  If you apply and do not receive a visa, please send a copy of the letter from the consulate so we can cancel your registration and issue a refund.  Please email ita@cailaw.org.

COVID Protocols

We encourage all attendees to be either fully vaccinated or to have received a negative COVID test within 48 hours of the start of the conference, and to wear a mask at all times except when eating or drinking.

Photo/Audio/Video Release

Registration for or attendance at this event acknowledges consent to be recorded or photographed. We reserve the right to use any photograph/video taken at our events, without the expressed written permission of those included within the photograph/video. We may use the photograph/video in publications or other media material produced, used or contracted including but not limited to: brochures, invitations, books, newspapers, magazines, television, websites, annual reports, newsletters, etc. To ensure the privacy of individuals, images will not be identified using full names or personal identifying information without written approval from the photographed subject.

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, sexual orientation, gender identity, 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.

Sponsor an Event

Welcome Reception Sponsor

WiFi Sponsor

Lanyard Sponsor

ITA Advisory Board Reception and Dinner Sponsors

Full Page Conference Materials Binder Advertisement Sponsor

Canvas Bag Sponsors

Workshop Luncheon Sponsor

Young ITA Roundtable Sponsors

Exhibitor