38th Annual ITA Workshop and Annual Meeting
The Fragile Foundations of International Arbitration: Consent Contested, Capacity Questioned, Legitimacy at Stake
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Houston, Texas, USA
Registrar: +1.972.244.3403
ITA: +1.972.244.3414
E-Mail: ita@cailaw.org
Overview
The ITA Workshop and Annual Meeting is widely recognized as the leading conference in the field in the United States. 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

Queen Mary University of London
London, UK

Freshfields US LLP
New York, New York, USA

White & Case LLP
Miami, Florida, USA
Workshop Overview - The Fragile Foundations of International Arbitration: Consent Contested, Capacity Questioned, Legitimacy at Stake
Consent is the bedrock of international arbitration, yet it is now under significant strain. In both commercial and investment arbitration, fundamental questions about who actually agreed to arbitrate, what they agreed to arbitrate, and how that agreement is interpreted, limited or expanded keep resurfacing. Corporate groups, shareholders, funders, and affiliates are increasingly drawn into proceedings despite never signing an arbitration agreement. States withdraw from or reshape treaties, resist consent in contracts, and challenge the jurisdiction of tribunals to resolve disputes touching on sovereignty-related issues. Meanwhile, proposals such as a multilateral investment court seek to replace or reframe consent entirely. Click-wrap, browse-wrap, and AI-generated terms test whether consent formed online is really consent. And domestic courts diverge on how these issues are reviewed when arbitration agreements or awards come up for enforcement, straining the predictability of the entire enterprise.
All of this has the potential to raise legitimacy concerns: if arbitration is no longer clearly rooted in the voluntary agreement of the parties, can it still be trusted as a dispute resolution mechanism? By examining consent across all stages of arbitration and taking a comparative approach across jurisdictions, the 2026 ITA Workshop will address whether arbitration can adapt to modern realities without losing the legitimacy and party autonomy that have long made it attractive.
Young Lawyers Roundtable Co-Chairs

FBFK Law
Houston, Texas, USA

Sidley Austin LLP
Hong Kong
Roundtable Overview - Consent: Cornerstone of Arbitration, or a Legal Fiction (Debate)
This panel aims to set the scene and provide a broad overview of common consent-related controversies that arise in arbitration, from the pre-arbitration phase through to enforcement. The panelists will consider whether consent is truly the foundation of arbitration where an arbitration agreement is unclear, when non-signatories may be joined to an arbitration, when arbitral institutions may have powers that override party objections, where non-parties may be permitted to make submissions in an arbitration, and when arbitral awards may be enforced against assets of non-parties to an arbitration. It will canvass both commercial and investor-state arbitration situations as well.
Schedule and Faculty
WEDNESDAY, JUNE 10
2:30- 3:30 pm - Registration
3:30 -3:40 pm - Welcome to the Workshop
3:40 – 3:50 pm - Welcome to the Roundtable
Young ITA Roundtable
3:50 – 4:50 pm - Consent: Cornerstone of Arbitration, or a Legal Fiction (Debate)
This panel sets the stage by providing a broad overview of consent-related controversies that arise in commercial and investor-state arbitration, from the pre-arbitration phase through enforcement. Panelists will consider whether consent is truly the foundation of arbitration where arbitration agreements are unclear, when non-signatories are joined, when arbitral institutions have powers that override party objections, where non-parties can make submissions, and when awards may be enforced against assets of non-parties.
4:50 – 5:45 pm - Authority and Consent: Navigating Corporate Commitment to Arbitration Across Legal Traditions
This panel will explore how civil law and common law jurisdictions approach the authority of individuals to bind corporations. Experts will examine key differences in legal standards, formalities, and judicial interpretations that affect enforceability of arbitration agreements. Discussion will emphasize practical insights on how these factors affect arbitral jurisdiction, recognition of arbitral agreements, and enforcement of awards. Panelists will consider how variations in national laws governing agency, representation, and corporate authority influence the validity of arbitration clauses in multi-party and cross-border contexts. These distinctions are particularly relevant in disputes involving corporate entities, affiliates, agents, or third-party beneficiaries, where consent and authority are often contested.
5:45 - 6:00 pm - Day 1 Closing Remarks
THURSDAY, JUNE 11
Workshop
8:00 am – Registration and Continental Breakfast
9:00 am – Welcome Back
9:10 – 9:15 am – Introduction to the Program
9:15 - 10:15 am - Keynote Conversation: Are tribunals and courts too focused on the technicalities of consent, or not focused enough?
Consent lies at the heart of arbitration, but is often contested. Speakers will consider whether arbitral tribunals and reviewing courts have gone too far- or not far enough - in scrutinizing consent. Should they adopt a more exacting approach when jurisdiction is challenged, or does flexibility better serve legitimacy and effectiveness of arbitration?
10:20 - 11:20 am – Arbitrating Consent in Contract Disputes with States and State-Owned Entities
Arbitrations involving States and state-owned entities raise sensitive questions of consent because they are subject to constitutional, administrative, and public law constraints that may affect their authority to arbitrate. This panel will examine disputes arising where arbitration clauses intersect with changing government policies or state interference in investor–SOE relationships. Using LCIA-administered cases to illustrate how questions of State and SOE consent are handled in practice, the panel will take a comparative perspective on how different legal systems reconcile consent with public law constraints.
11:25 am – Coffee Break
11:40 am - 12:40 pm – Treaty Claims vs. Contract Claims: Old Debate, Continuous Relevance?
The distinction between treaty and contract claims has long preoccupied arbitration practitioners, but does the debate continue to have relevance? This panel will revisit the controversy in light of recent jurisprudence and shifting investment protection. For States, the coexistence of treaty and contract claims can mean defending on multiple fronts. For investors, the choice of framing claims raises strategic questions of jurisdiction, remedies, and enforcement. Panelists will discuss whether the distinction is now settled or continues to have practical significance, and what it reveals about the perceived fragility of consent in investment arbitration.
12:45 pm - Luncheon Interview
A Conversation with
Prof. Bernard Hanotiau
Hanotiau Tossens Goldman
Brussels, Belgium
Interviewed by
Prof Crina Baltag
Queen Mary University of London
London, UK
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 - 3:15 pm – Non-Signatories and the Expanding Web of Consent
Arbitration increasingly involves parties who have not signed an arbitration agreement. This panel examines the doctrines that regulate such extensions, including the group of companies doctrine, alter ego, veil piercing, and agency. Jurisdictions diverge sharply in their approach to non-signatories, raising concerns about fairness, predictability, and legitimacy. Drawing on ICC practice, the panel will take a comparative perspective on how seats, governing law, and legal cultures shape the treatment of non-signatories.
3:20 - 4:20 pm – Consent and Judicial Review: A Second Bite at the Apple?
Questions of consent are often revisited when arbitral awards reach domestic courts. While some jurisdictions defer to tribunals’ findings, others apply de novo review. This panel will explore the implications of these diverging approaches. Does de novo review safeguard legitimacy or undermine finality? Should courts play an active role in protecting the integrity of consent, or defer to arbitral autonomy? Discussion will take a comparative perspective on judicial review relating to consent. Recent case law suggests that standards of review have become a central, unsettled, and unpredictable issue worldwide.
4:20 pm – Coffee Break
4:40 - 5:40 pm – Consent and the Future of International Arbitration
The concluding panel will look ahead to the next decade: Will consent remain the bedrock of international arbitration, or will it become increasingly fictionalized? How will emerging trends such as opt-outs, aggregate proceedings, digital contracting, and state-driven reforms affect voluntariness and legitimacy? Discussion will address whether arbitration will continue to meet the needs of users and maintain the trust of investors, and whether it may be reshaped by alternatives to arbitration and other emerging trends.
5:45 pm – Concluding Remarks
FRIDAY, JUNE 12
9:00 am - ITA Forum - Session One
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.
10:15 am - Break
10:45 am - ITA Forum, cont. - Session Two
12:00 pm - Adjourn
Sponsorship Opportunities
Workshop Tote Bag Sponsor - $9,000 (exclusive)
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- 4 complimentary registrations to the Workshop (including the dinner and welcome reception)
- 1 exhibition table for promotional materials
Workshop Coffee Breaks Sponsor (June 11, 2026) - $6,000 (exclusive) - SOLD
- Recognition with signage in break room on June 11, 2026
- Recognition in all marketing material
- Company/firm logo prominently displayed on conference website, program, and slides
- 4 complimentary registrations to the Workshop (including the dinner and welcome reception)
- 1 exhibition table for promotional materials
Workshop Dinner and Advisory Board Annual Meeting Sponsor (June 11, 2026) - $5,500 (4 allowed)
Houston Racquet Club
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- 4 complimentary registrations to the Workshop (including the dinner and welcome reception)
- One reserved table at the Advisory Board Dinner (optional)
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Workshop Breakfast Sponsor (June 11, 2026) - $4,000 (exclusive)
- Recognition with signage in breakfast room on June 11, 2026
- Recognition in all marketing material
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- 2 complimentary registrations to the Workshop (including the dinner and welcome reception)
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Workshop Luncheon Sponsor (June 11, 2026) - $4,000 each
Featuring Oral History Interview with Beranrd Hanotiau
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Welcome Reception Sponsor (June 10, 2026) - $3,000 each
JOEY Uptown
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Charging Station Sponsor - $3,000 (exclusive)
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ITA Forum Breakfast Sponsor (June 12, 2026) - $3,500 (exclusive)
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- Recognition in all marketing material
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- 2 complimentary registrations to the Workshop (including the dinner and welcome reception)
- 1 exhibition table for promotional materials
ITA Forum Coffee Break Sponsor (June 12, 2026) - $2,750 (exclusive)
- Recognition in all marketing material
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- Company/firm logo prominently displayed on conference website, program, and slides
- 1 complimentary registration to the Workshop (including the dinner and welcome reception)
- 1 exhibition table for promotional materials
Young ITA Roundtable Sponsor (June 10, 2026) - $2,750 (4 allowed)
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- 1 complimentary registration to the Workshop (including the dinner and welcome reception)
- 1 exhibition table for promotional materials
Exhibitor (Non-Law Firms Only) - $2,000
- Recognition in all marketing material
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- 2 complimentary pass to the welcome reception
- 1 exhibition table for promotional material
Hotel Information
The Westin Oaks Houston
5011 Westheimer Rd
Houston, TX 77056
Rooms are available at the rate of $179+ the nights of June 9-12, 2026. The Cutoff for booking a room is May 18, 2026, or when block sells out.
Other Information
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