36th Annual ITA Workshop and Annual Meeting

Overview

The ITA Workshop and Annual Meeting is widely recognized as the leading conference in the field in the United States. The theme of the Workshop in June 2024 will be Global Perspectives on Due Process in International Arbitration. Make your plans now to join us, our renowned faculty, members of the ITA community and other colleagues from around the globe for what is sure to be an important set of discussions and a memorable experience for all attendees!

Workshop Co-Chairs

Christian Leathley
Herbert Smith Freehills
London, UK

Anne Véronique Schlaepfer
White & Case S.A.
Geneva, Switzerland

Thomas J. Stipanowich
Pepperdine University
Malibu, California

Schedule and Faculty

Introduction to the Workshop

Due process is the heart and soul of international arbitration. The expectation of a fair process provides the foundation for modern policies favoring the enforcement of arbitration agreements. Violations of due process justify set-aside of awards at the seat and refusal to enforce in other jurisdictions.

But most national arbitration laws and institutional rules are vague on the elements of due process. National courts approach the question of due process from their own national perspectives, which may differ from the perspectives of counsel and arbitrators who conducted the proceedings. Different and conflicting approaches are likely to create problems, and this serves as a trenchant reminder of the importance of the seat in international arbitration.

The 36th Annual ITA Workshop will address the elements of due process in international arbitration and the differing approaches of various national courts. It will also explore potential differences between the perspectives of national courts and prevailing understandings of best practices within the arbitration bar, as well as the possibility that understandings of best practices might differ in commercial, investment treaty, and inter-State arbitration.

Wednesday, June 19

2:30 pm - 3:30 pm - Registration

3:30 pm - 3:40 pm - Welcome to the Workshop

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

YOUNG ITA ROUNDTABLE

Presented by Young ITA

3:40 pm - Welcome to the Roundtable

• Karima Sauma, Chair, Young ITA, DJ Arbitraje, San José, Costa Rica

3:40 pm - 4:35 pm - Lifting the Veil on Arbitrator Deliberations: A Mock Hearing on Disclosure Obligations

Our first Young ITA panel will host a live, mock hearing with submissions by Rob Bradshaw and Julianne Jaquith as to why their client’s position on an extension of the timetable should be taken and the due process issues arising out of that. Our esteemed tribunal will have a live deliberation, lifting the veil on how decisions might be made, and make a determination on the issues. We look forward to engaging arguments from all sides and a real insight into tribunal deliberations.

Tribunal Members:

• Dr. Kabir Duggal, Arnold & Porter/Columbia Law School, New York
• Myriam Seers, Agora, Toronto, Canada
• Alexander Slade, Mantle Law, London, UK

Counsel:

• Robert Bradshaw, Lalive, London, UK
• Julianne Jaquith, Quinn Emmanuel, Houston, TX /Washington, D.C.

4:35 pm – 5:25 pm - Due Process Challenges: Has it all gone too far for procedural fairness in international arbitration?

Our second Young ITA panel will provide a quick fire, lively debate as to the benefits of, and concerns with, the approach to due process challenges in international arbitration, including the considerations of efficiency and procedural fairness.

Moderator: Karima Sauma, DJ Arbitraje, San José, Costa Rica

Panelists:

• Ruediger Morbach, King & Spalding, Frankfurt, Germany
• Ricardo Chirinos, Covington & Burling LLP, Washington, D.C.

5:25 pm - 5:30 pm - Day 1 Closing Remarks

5:30 pm - 6:30 pm - Workshop Welcome Reception

Omni Austin Hotel Downtown

6:30 pm - 8:00 pm - Workshop Dinner (optional) - SOLD OUT

Quince Lakehouse, 3825 Lake Austin Blvd #201, Austin, Texas

Please indicate on the registration form if you wish to attend – ticket price: $125 per person.

Thursday, June 20

8:00 am - Registration and Continental Breakfast

9:00 am - Welcome Back

• Tom Sikora, Chair, ITA Advisory Board, Chair, Senior Counsel International Disputes, Exxon Mobil Corporation, Houston, TX, USA

9:10 am - Introduction to the Program

• Christian Leathley, Workshop Co-Chair, Herbert Smith Freehills, London, UK
• Anne Véronique Schlaepfer, Workshop Co-Chair, White & Case, Geneva, Switzerland

9:15 am – 10:15 am - The Parameters of Due Process - What are the Defining Influences on Due Process?

This inaugural panel will set the stage for our exploration of due process issues with an engaging overview of "due process" issues by grappling with scenarios highlighting the practices and perspectives of courts, arbitrators, and counsel against the backdrop of a variety of norms and influences. These include national laws / traditions / cultures (common law, civil law, Sharia, etc.), arbitration agreements (including one-off drafting), institutional rules, and soft law.

Moderator: Prof. Tom Stipanowich, Pepperdine University, Malibu, CA, USA

Panelists:

• Laura Abrahamson, JAMS, Los Angeles, CA, USA
• Sarah Aranjo, Morgan Lewis, Dubai, UAE
• Prof. Jack Coe, Pepperdine University, Malibu, CA, USA
• Prof. Loukas Mistelis, Clyde & Co, London, UK

10:20 am – 11:20 am - Who Stays on the Island? Separating Reality and Hyperbole in Managing Due Process Challenges

While discussing hypothetical scenarios in which the panelists and audience, through interaction, this panel will explore the boundaries of due process considerations. When do choices about limitations on pleadings or testimony, or on the scope of document production and privileges, or perspectives on arbitral independence, implicate due process? So, how bad does something have to be to violate standards of due process? The islanders are from different jurisdictions. In the rounds that take place during this session, each will be asked to describe a scenario that occurs during an arbitration, and the audience will have to vote – using their phones and the conference App – to identify which scenario constitutes a violation of due process.

Moderator: Christian Leathley, Herbert Smith Freehills, London, UK

Panelists:

• Jeffrey Benz, JAMS, Los Angeles, CA, USA
• Elena Guttiérrez, EG Arbitration, Paris, France
• Dr. Elina Mereminskaya, Wagemann Arbitration, Santiago de Chile, Chile
• Noradele Radjai, LALIVE, Geneva, Switzerland

11:25 am - Coffee Break

11:40 am – 12:40 pm - The Right to be Heard: A Balancing Act?

This session will feature the discussion as to how an access to evidence, constraints on presentation, and necessarily limited time and resources relate to arbitrators’ mandate to seek the truth and parties’ right to be heard.

Moderator: Anne Véronique Schlaepfer, White & Case, Geneva, Switzerland

Panelists:

• Rachael D. Kent, WilmerHale, Washington, D.C.
  
• James Loftis, Vinson & Elkins, Houston, TX, USA
• Dr. Anke Meier, Noerr, Frankfurt, Germany
• Prof. Christophe Seraglini, Freshfields, Paris, France

12:45 pm - Workshop Luncheon

A Conversation with
Jan Paulsson
Professor Emeritus, University of Miami

Interviewed by
Elizabeth Silbert
King & Spalding, Atlanta, Georgia

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.

2:15 pm – 3:15 pm - Due Process and Witness and the Role of Evidence

This Workshop Panel will look at potential due process concerns arising from the nature of evidence presented in arbitrations, including documentary evidence (or lack thereof), witness testimony, and the prevalence of expert testimony on a range of topics. What factors should parties and arbitrators take into account when assessing what due process demands of the evidentiary record?

Moderator: Natalie Reid, Debevoise & Plimpton, New York, NY, USA

Panelists:

• Prof. Massimo Benedettelli, Arblit, Milan, Italy
• John Fellas, Fellas Arbitration, New York, NY, USA
• Dr. Laurent Lévy, Lévy Kauffman-Kohler, Geneva, Switzerland
• John Townsend, Hughes Hubbard & Reed, Washington DC, USA

3:20 pm – 4:20 pm - Due Process and the "Reasoned Award"

This Workshop Panel will discuss how due process concerns shape the content of arbitral awards, including the degree of specificity regarding tribunals’ analyses. How much explanation of the assessment of the law and the evidence is too little—or too much?

Moderator: Prof. Irene Ten Cate, Brooklyn Law School, New York, NY, USA

Panelists:

• John Bowman, Independent Arbitrator, Santa Fe, NM, USA
• Klaus Reichert, SC, Brick Court Chambers, London, UK
• Edna Sussman, Independent Arbitrator, New York, NY, USA
• Claus von Wobeser, Von Wobeser y Sierra, Mexico City, Mexico

4:25 pm - Coffee Break

4:40 pm – 5:40 pm - Closing Dialogue: Can We Agree on What Due Process Requires, or on the Need for a Re-Set?

This panel will provide, in light of the day’s discussions, a critical assessment of the effect of due process concerns on the effective practice of international arbitration.

Panelists:

• Jan Paulsson, Independent Arbitrator
• Tom Sikora, Chair, ITA Advisory Board, Senior Counsel International Disputes, Houston, TX, USA
• Luke Sobota, Three Crowns LLP, Washington, D.C., USA

5:45 pm - Concluding Remarks

• Prof. Tom Stipanowich, Workshop Co-Chair, Pepperdine University, Malibu, CA, USA

Other Activities for ITA Advisory Board Members and Guests

Wednesday, June 19

2:00 pm - 3:00 pm - Young ITA Annual Meeting

Thursday, June 20

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

The Driskill Hotel

Friday, June 21

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. Please click here to submit your questions or topics in advance for discussion at the Forum.

Moderators: Sonia Bjorkquist, Osler, Hoskin & Harcourt LLP, Toronto, Canada; Jennifer Haworth McCandless, Baker Botts, Washington, D.C.; Thomas Innes, Steptoe International (UK) LLP, London, UK; Dr. Richard Happ, Luther, Hamburg, Germany

10:15 am - Break

10:45 am - ITA Forum, continued

12:00 pm - Adjourn

MCLE Credit

This program is approved by the State Bar of Texas for a total of 7.75 hours, no ethics. Course ID Number: 174242515. 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, and West 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.

Overnight Accommodations

Omni Austin Hotel Downtown
700 San Jacinto At, E 8th St, Austin, TX 78701

• $259/+ per night for King or Double Queen depending on availability
• Cutoff date 5/24/2024; unless room block sells out prior to that date
• Hotel direct phone: (512) 476-3700
• Group name: ITA Conference

Book Your Hotel

Sponsorship Opportunities

ITA Advisory Board Reception and Dinner (June 20, 2024) - $15,000 as exclusive sponsor or $5,500 as general sponsor

• Exposure to thousands of ITA constituents
• Recognition as a sponsor of the Advisory Board Dinner at the Dinner, on the conference website, in the brochure, in e-marketing, on social media and at the conference
• 4 complimentary registrations to the Workshop (including all substantive CLE programs, conference luncheon, conference breakfast, and receptions) (6 for exclusive sponsor) and 2 discounted registrations (20% off)
• Up to 4 complimentary guests at the Advisory Board Dinner (6 for exclusive sponsor)
• One reserved table at the Advisory Board 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 (June 19, 2024) - $12,500 as exclusive sponsor or $4,500 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 registrations to the Workshop (including all substantive CLE programs, conference luncheon, conference breakfast, and receptions) (5 for exclusive sponsor) and 2 discounted registrations (20% off)
• Up to 4 complimentary guests at the Workshop 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 (June 20, 2024) - $10,000 as exclusive sponsor or $4,000 as general sponsor

Featuring Oral History Interview with Jan Paulsson

• 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 registrations to the Workshop (including all substantive CLE programs, conference luncheon, conference breakfast, and receptions) (4 for exclusive sponsor) and 1 discounted registration (20% off)
• Up to 2 additional complimentary guests at the Luncheon
• Name/logo on the conference website with link to company page
• 1 exhibition table for promotional materials
• Opportunity to provide promotional gifts in conference tote bags
• Post-conference recognition at ITA’s website and in its quarterly News & Notes

Conference Tote Bag - $9,000 as exclusive sponsor or $3,500 as general sponsor (SOLD)

• Company/Firm Name on one side of the Conference Tote Bag
• Exposure to thousands of ITA constituents
• Recognition as a sponsor of the Conference Tote Bag on the Bag, on the conference website, in the conference brochure, in e-marketing, on social media and at the conference
• 2 complimentary registrations to the Workshop (including all substantive CLE programs, conference luncheon, conference breakfast, and receptions) (5 for exclusive sponsor) and 1 discounted registration (20% off)
• Name/logo on the conference website with link to company page
• 1 exhibition table for promotional materials
• Additional opportunity to provide promotional gifts in conference tote bags
• Post-conference recognition at ITA’s website and in its quarterly News & Notes

Welcome Reception (June 19, 2024) - $7,500 as exclusive sponsor or $2,500 as general 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 registration to the Workshop (including all substantive CLE programs, conference luncheon, conference breakfast, and receptions) (3 for exclusive sponsor) 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
• Opportunity to provide promotional gifts in conference tote bags
• 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) (4 for exclusive sponsor)
• Name/logo on the conference website with link to company page
• Space for promotional materials at the conference
• Opportunity to provide promotional gifts in conference tote bags
• Post-conference recognition at ITA’s website and in its quarterly News & Notes

WiFi - $5,000 as exclusive sponsor (SOLD)

• 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
• 3 complimentary registrations to the Workshop (including all substantive CLE programs, conference luncheon, conference breakfast, and receptions) and 1 discounted registration (20% off)
• Name/logo on the conference website with link to company page
• 1 exhibition table for promotional materials
• Opportunity to provide promotional gifts in conference tote bags
• Post-conference recognition at ITA’s website and in its quarterly News & Notes

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

• Company/Firm Name on one side of the conference name badge lanyard
• Exposure to thousands of ITA constituents
• Recognition as Lanyard Sponsor on the conference website, in the conference broch ure, in e-marketing, on social media and at the conference
• 3 complimentary registrations to the Workshop (including all substantive CLE programs, conference luncheon, conference breakfast, and receptions) and 1 discounted registration (20% off)
• Name/logo on the conference website with link to company page
• 1 exhibition table for promotional materials
• Opportunity to provide promotional gifts in conference tote bags
• Post-conference recognition at ITA’s website and in its quarterly News & Notes

Conference Breakfast (June 20, 2024) - $5,000 as exclusive sponsor (SOLD)

• 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
• Opportunity to provide promotional gifts in conference tote bags
• Name/logo on the conference website with link to company page
• Post-conference recognition at ITA’s website and in its quarterly News & Notes

Charging Station - $4,000 as exclusive sponsor (SOLD)

• 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
• Opportunity to provide promotional gifts in conference tote bags
• Name/logo on the conference website with link to company page
• Post-conference recognition at ITA’s website and in its quarterly News & Notes

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

• Full page Company/Law Firm Advertisement on the back of the Conference Materials
• 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 registrations to the Workshop (including all substantive CLE programs, conference luncheon, conference breakfast, and receptions)
• Name/logo on the conference website with link to company page
• 1 exhibition table for promotional materials
• Opportunity to provide promotional gifts in conference tote bags
• Post-conference recognition at ITA’s website and in its quarterly News & Notes

Young ITA Roundtable (June 19, 2024) - $2,500 as general sponsor

• Exposure to thousands of ITA constituents
• 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 registration to the Workshop (including all substantive CLE programs, conference luncheon, conference breakfast, and receptions)
• 1 complimentary guest at the Welcome Reception
• Name/logo on the conference website with link to company page
• 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

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.

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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.

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