Transnational Arbitration

Arbitration in Changed Circumstances

19th ITA-ASIL Conference

Washington, D.C.

Past Event

MCLE Credit available

Washington Hilton
1919 Connecticut Ave NW
Washington, DC 20009

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

Overview

The ½-day ITA-ASIL Conference is presented annually by the ITA Academic Council with the American Society for International Law (ASIL) immediately preceding the ASIL Annual Meeting. Scholarship is a hallmark of this conference.

We are looking forward to gathering again in-person with our colleagues this year. We are also committed to providing attendees with a safe and enjoyable experience.  Accordingly, we are presenting the conference this year both in-person and online. You may register to attend either in-person or virtually.

The world has changed dramatically in recent years, and arbitration is changing with it. On the one hand, the institutions of international arbitration are in flux. Major arbitral institutions are undergoing processes of reform, while novel institutional arrangements are emerging as competitors to arbitration—from mediation to international commercial courts to the proposed multilateral investment court in the context of investor-state dispute settlement. On the other hand, major global upheavals like the COVID-19 pandemic are increasingly leading to demands for flexibility in dispute resolution as circumstances change—under the rubric of doctrines ranging from force majeure to exceptions clauses, to doctrines associated with the measure of damages. Questions have emerged as to how well arbitration has contended with these challenges, both in the context of commercial disputes and investor-state disputes. This conference will examine the changing face of international arbitration in changed circumstances, in comparison to existing and emerging alternatives.

Conference Co-Chairs

Prof. Julian Arato
Brooklyn Law School
New York, New York USA

Prof. Kun Fan
University of New South Wales, Faculty of Law & Justice
Sydney, AUSTRALIA

Schedule and Faculty

(All times listed are EDT)

8:00 am REGISTRATION AND CONTINENTAL BREAKFAST

9:00 - 9:10 WELCOME AND INTRODUCTION


  • Tomasz J. Sikora, Chair, ITA Advisory Board
    Senior Counsel International Disputes, Exxon Mobil Corporation, Houston
  • Catherine Amirfar, President, ASIL
    Co-Chair International Dispute Resolution and Public International Law Groups, Debevoise & Plimpton LLP, New York

9:10-9:25 INTERNATIONAL ARBITRATION AND THE RULE OF LAW: ARBITRATION AND PEACE


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

  • Lucy F. Reed, Arbitration Chambers – New York

9:25-9:55 KEYNOTE ADDRESS: ARBITRATION AS A CORNERSTONE FOR DEMOCRACY AND THE RULE OF LAW


  • Deborah Enix-Ross, President-Elect, American Bar Association; Senior Advisor, International Dispute Resolution Group, Debevoise & Plimpton LLP, New York

9:55-11:05 ASSESSING ARBITRATION AND ALTERNATIVES IN A CHANGING WORLD


How is arbitration adapting in our volatile world? The Covid-19 pandemic has caused numerous immediate disruptions in institutional practices. Yet the world of international dispute resolution has also been undergoing a broader sea change, with shifts in geo-political and geo-economic power, the reassertion of sovereignty in international investment law, and an emerging proliferation of institutional competitors to arbitration. Have the practices of arbitration meaningfully changed apace? Does – or can – arbitration retain its relevance as an institution of global commerce? Or have the political, economic, and social convulsions of recent years made other alternatives more attractive—such as a multilateral court (in the context of investment disputes), nationally grounded courts focused on international commerce (international commercial courts), or even forms of structured mediation? In a roundtable discussion, the panel will critically assess the prospects, opportunities, and challenges of arbitration and its competitors in our volatile times.

Introduction and Moderator: Prof. Kun Fan, Co-Chair; University of New South Wales, Faculty of Law & Justice, Sydney

Panelists:

  • Prof. Franco Ferrari, New York University School of Law, New York
  • Meg Kinnear, Vice President and Secretary-General, International Centre for Settlement of Investment Disputes (ICSID), Washington, D.C.
  • Prof. August Reinisch, University of Vienna, Vienna
  • Prof. Pamela Bookman, Fordham University School of Law, New York
  • Natalie Y. Morris-Sharma, Deputy Senior State Counsel, Attorney General’s Chambers, Singapore

Roundtable and Q&A

11:05-11:25 BREAK

11:25-12:35 ASSESSING DOCTRINES OF CHANGED CIRCUMSTANCES IN ARBITRATION


This panel will consider how flexibilities in substantive law have fared in international arbitration, in light of the ongoing upheavals in global commerce. Rather than focus on any particular doctrine, it will take a comparative approach. The speakers will discuss and compare various doctrines of changed circumstances that regularly arise in commercial arbitration and ISDS, including typical private law concepts (e.g., force majeure), public international law doctrines (e.g., necessity), treaty-based nuances (exceptions clauses and carve-outs), and flexibilities in damages rules. The goal will be to identify, compare, and assess how these traditional and novel safety valves operate in the institutional setting of international arbitration.

Introduction and Moderator: Prof. Julian Arato, Co-Chair; Brooklyn Law School, Brooklyn

Panelists:

  • Jennifer Thornton, Trade Counsel at United States House of Representatives, Committee on Ways & Means, Washington, D.C.
  • Christina Beharry, Foley Hoag, Washington, D.C.
  • Prof. J. Benton Heath, Temple University Beasley School of Law, Philadeplphia
  • Prof. Makane Mbengue, University of Geneva, Geneva

Roundtable and Q&A

12:35 CONCLUDING REMARKS


  • Prof. Victoria Sahani, Chair, ITA Academic Council
    Arizona State University, Sandra Day O’Connor College of Law, Phoenix

12:45-2:00 CONFERENCE NETWORKING LUNCHEON



For information and to register for the 2022 ASIL Annual Meeting, April 6-9, 2022, also presented at the Washington Hilton Hotel, please visit: www.asil.org/annualmeeting

Hotel Information

Washington Hilton
1919 Connecticut Avenue, NW
Washington, DC 20009

Make your reservations directly with the hotel’s online reservation link.

A limited number of rooms are reserved at the special rate of $295 plus taxes and fees.  The last day for this group discount is MARCH 4.

Book Your Hotel Here

Sponsorship Opportunities

Lanyard Sponsor - $ 3,500 exclusive

  • Exposure to thousands of ITA and ASIL constituents
  • Recognition as a Sponsor on the conference websites, in the conference brochure, in e-marketing, on the conference platform and at the conference
  • Name/logo on the conference name badge lanyard
  • Name/logo on the conference website with link to firm/company page
  • 2 complimentary registrants at the conference
  • An opportunity to display company/firm materials at the conference, and to add links/materials to your online exhibitor booth on the conference platform
  • Post-conference recognition at ITA’s website and in its quarterly newsletter News & Notes

Conference Luncheon Sponsor - $ 2,500 each

  • Exposure to thousands of ITA and ASIL constituents
  • Recognition as a Sponsor on the conference websites, in the conference brochure, in e-marketing, on the conference platform and at the conference
  • Name/logo on the conference website with link to firm/company page
  • Recognition at the Luncheon
  • 2 complimentary registrants at the conference
  • Up to 3 complimentary guests at the Luncheon
  • An opportunity to display company/firm materials at the conference, and to add links/materials to your online exhibitor booth on the conference platform
  • Post-conference recognition at ITA’s website and in its quarterly newsletter News & Notes

Breakfast and Coffee Breaks Sponsor - $ 2,500 each

  • Exposure to thousands of ITA and ASIL constituents
  • Recognition as a Sponsor on the conference websites, in the conference brochure, in e-marketing, on the conference platform and at the conference
  • Name/logo on the conference website with link to firm/company page
  • 1 complimentary registrant at the conference
  • An opportunity to display company/firm materials at the conference, and to add links/materials to your online exhibitor booth on the conference platform
  • Post-conference recognition at ITA’s website and in its quarterly newsletter News & Notes

Exhibitor - $ 1,500 each

  • Exposure to thousands of ITA and ASIL constituents
  • Name/logo on the conference website and the conference platform with link to firm/company page
  • An opportunity to display company/firm materials at the conference, and to add links/materials to your online exhibitor booth on the conference platform
  • Post-conference recognition at ITA’s website and in its quarterly newsletter News & Notes

CLE Credit

This program is approved by the State Bar of Texas for a total of 2.75 hours, none of which are ethics. Course ID Number: 174151165. Credit hours may vary depending upon in-person or online viewing depending on the jurisdiction. Please review your jurisdiction’s rules and regulations before registering.

COVID Protocols

Putting safety concerns first, all in-person participants at both the ITA-ASIL Conference and the ASIL Annual Meeting provide proof in advance that they are fully vaccinated, including a booster shot if eligible. In-person attendees will also need to wear an N95 or a KN95 mask at all times while inside and not actively eating or drinking.

You may pre-register to attend either in-person or virtually.  There will not be any on-site registration.  To register for in-person attendance, you will first need to complete an online vaccine verification process through CrowdPass.  The process is simple and secure; all verifications will be processed within 48 hours.  Once approved, you will receive an email with a verification code allowing you to register.

Other Information

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.

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