New York Arbitration Week
November 18-22, 2024
NYAW 2024 Program Calendar
NYAW Events Details Coming Soon
MONDAY
Nov. 18th
10am – Noon
Coming Soon
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Details to come shortly
Nov. 18th
Lunch
(12:30-1:30pm)
Arbitrating ESG Disputes: Adapting to New Realities
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As Environmental, Social and Governance (ESG) standards become increasingly integrated in international treaties, national laws and commercial contracts, the number of disputes arising from ESG obligations is on the rise. This panel will explore the growing role of international arbitration in resolving ESG disputes, drawing on recent cases and emerging trends. Panelists will address the legal complexities surrounding ESG issues, the challenges faced by arbitrators and practitioners, and offer strategies for effectively managing and mitigating these disputes.
Venue: New York City Bar Association, CLE Center, 42 W 44th St, New York, NY 10036
Program Host: International Law Committee of the New York City Bar Association
Moderator:
Victoria Pochtar, International Law Consultant, Chair, International Law Committee, NYCBA
Speakers:
Matthew Draper, FCIArb, Arbitrator, International Arbitration Counsel, Draper & Draper LLC
Daniel Greineder, Senior Counsel, Albertson Solicitors, London
Mevelyn Ong, Special Counsel, Norton Rose Fulbright, Australia
Brooke Guven, Head of ESG & Sustainability and Managing Director, Cerberus Capital Management
Nov. 18th
2pm – 4pm
Young ICCA mock expert cross-examination program
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Details to come shortly
Venue: White & Case
Nov. 18th
4:30pm – 6pm
Geopolitical Wars, Financial Upheavals, and International Arbitration
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Effective management of political risk and financial risk is not unique to doing business in or with emerging economies and states. In especially the past year, as geopolitical tensions have intensified between the US and certain other countries, the international investment and trade space has becoming increasingly politicized. A significant source of political risk can be found in the increased invocation of national security interests at the time of initial investment and also in threatened orders of forcible divestment. As one of the most commonly-used currency in international contracts, the US Dollar has spent much of the year simmering at all-time highs against many other foreign currencies. The fusillade of US sanctions has escalated perceptions of the US Dollar as a currency risks and catalyzed stronger momentum in the de-dollarization movement. The price of certain commodities, particularly the “critical minerals” crucial to the energy transition movement, have oscillated wildly, and resource nationalism is growing. This maelstrom of political and financial uncertainties is posing significant challenges for foreign companies seeking to invest in the US and US companies doing business abroad. This panel will examine the impacts that such emerging political and financial risks have had on international deal-making and dispute resolution (including implications for international arbitral proceedings). The panel will also consider recommendations for effectively mitigating or navigating such heightened dispute risks.
Venue: Norton Rose Fulbright | 1301 Avenue of the Americas, New York, NY 10019
Moderator:
Mevelyn Ong, Special Counsel, Norton Rose Fulbright
Speakers:
Kenneth Grant, Managing Director, Berkeley Research Group
Christine Kang, Partner and China Practice, Co-Chair, Hughes Hubbard
Hideaki Umetsu, Partner, Mori Hamada & Matsumoto
Aimen Mir, Partner, Freshfields, and former Deputy Assistant Secretary for Investment Security, CFIUS
CPR (with reception)
Venue: Freshfields
Nov. 18th
6:30pm – 8pm
Institutional Reports and Perspectives from Asia
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Venue: 150 East 42nd Street, Floor 17, New York, NY 10017
Moderator:
Luis Martinez, AAA-ICDR
Panel:
Ms. Christine (Yi) Kang, Arbitrator, Hughes Hubbard & Reed, Beijing International Arbitration Center
Ms. He Yin, Shenzhen Court of International Arbitration
Available for Third Party Events
Nov. 18th
6:30pm – 8pm
Mediation with Asian Contractual Partners; Bridging the Cultural Divide
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Details to come shortly
Venue: Arnold & Porter, 250 West 55th Street, New York, NY, 10019 (simultaneous virtual participation for participants in Asia)
Tuesday
Nov. 19th
Breakfast
(8:00-9:30am)
Intriguing Issues in Tech and International Arbitration
An Interactive Panel Discussion
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Welcome to Alston & Bird and Introduction: Karl Geercken and Alex Yanos
Welcome from SVAMC and Introduction of the Program and Moderator: Jonathan A Fitch
Topics to be discussed:
(1) Is it appropriate for an arbitrator with background and knowledge, who believes the parties and/or experts are not addressing relevant issues or are clearly giving erroneous testimony, to question the experts as to their testimony or to request testimony or evidence on issues not addressed?
(2) Is it appropriate for an institution to provide in its rules that a particular procedural aspect of its rules overrules the arbitration agreement of the parties?
(3) Is it appropriate for arbitrators to solicit feedback from counsel after the award is final, any challenge period to challenge has expired, and the matter is concluded?
(4) Is it appropriate or advisable in arbitration agreement to include carveouts for IP related issues such as patent validity or infringement.
Venue: Alston & Bird, 90 Park Ave. New York, NY
Moderator:
Gary Benton
gary@garybentonarbitration.com
(650) 283-5949
Panel:
Steve Bauer
stevebauer.ip.adr@gmail.com
(617) 512-4662
Preeti Bhagnani
pbhagnani@whitecase.com
(212) 819-8200
Lindsay Cooper Hayman
lchayman@debevoise.com
(415) 738-5757
Michael H. Diamant
mdiamant@taftlaw.com
(216) 798-6831
James Ferguson
jferguson@mayerbrown.com
(312) 404-9618
Jonathan W. Fitch
jwf@fitchlp.com
(508) 314-6355
Conna Weiner
cw@connaweineradr.com
(617) 780-5385
Alston & Bird is the CLE provider for this program. CLE credit will be available where applicable.
Nov. 19th
10am – noon
City Bar Event
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Panel 1: Does the Loser Always Pay? Principle vs. Practice in the Allocation of Costs in New York Arbitration Proceedings
MODERATOR:
Daniel Reich
Founding Partner, Gaillard Banifatemi Shelbaya
SPEAKERS:
Hunter Carter
Partner, ArentFox Schiff
Crina Baltag
Independent Arbitrator, Baltag Law
Julie Bédard
Partner,Skadden, Arps, Slate, Meagher & Flom
Panel 2: Enforceable Arbitral Subpoenas: What to Know
MODERATOR:
Marc Goldstein
Independent Arbitrator and Mediator, MJG Arbitration & Mediation
SPEAKERS:
Hon. Shira Scheindlin
Of Counsel, Boies Schiller Flexner
Robert Sills
Partner, Pillsbury Winthrop Shaw Pittman
Yasmine Lahlou
Partner, Chaffetz Lindsey
Venue: New York City Bar Association, 42 W 44th Street, New York, NY 10036
Nov. 19th
12:30pm – 4pm
Coming Soon
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Venue: FTI
Consulting with lunch
Nov. 19th
4:30pm – 6pm
Coming Soon
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Venue: W&C
Consulting with lunch
Nov. 19th
6:30pm – 10:30pm
Coming Soon
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Venue: NYHS
Wednesday
Nov. 20th
8am – 9:30am
Coming Soon
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Venue: Hogan Lovells
Panelists: Gaela Gehring Flores
Nov. 20th
10am – Noon
Is transparency the way forward in international arbitration? / alternative: This house believes that there should be more transparency in international arbitration
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Is transparency the way forward in international arbitration? / alternative: This house believes that there should be more transparency in international arbitration
This event will be organized into two parts. During the first part of the event, there will be a short, Oxford-style mock debate (2 speakers per side) before a three-member mock “arbitral tribunal” advocating for and against more transparency in international commercial arbitration.
After the debate, there will be a round-table discussion among the panelists and the audience/attendees led by the “arbitral tribunal” on the pros and cons of increased transparency building on the points raised in the debate as well as sharing practical considerations on the tensions between confidentiality and transparency in international arbitration. Audience participation will be a key part of this program.
Venue: Gibson Dunn, 200 Park Ave, New York, NY 10166
Mock Arbitral Tribunal:
Sandra Gonzalez (chair)
(Ferrere partner and ICC Court member)
Luis Martinez (ICDR [Senior] Vice President)
Annie Lesperence (Jus Mundi, Head of the Americas)
Mock participants/advocates:
Rahim Moloo
(in favor of less transparency and pro-confidentiality)
Gabriela Alvarez
(in favor of less transparency and pro-confidentiality)
Lea Haber Kuck or Jennifer Permesly
(in favor of more transparency)
Simon Navarro
(in favor of more transparency)
Nov. 20th
12:30pm – 1:30pm
ICC panel (Abbey/Marek)
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Venue: Baker Hostetler
Nov. 20th
2pm – 4pm
Coming Soon
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Venue: Baker Hostetler
Nov. 20th
4:30pm – 6pm
Coming Soon
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Venue: Freshfields
Nov. 20th
5pm – 7pm
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Venue: Freshfields
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Venue: Reed Smith
Nov. 20th
5pm – 8pm
Coming Soon
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Venue: K&S
Nov. 20th
6:30pm – 10:30pm
ArbitralWomen
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Venue: Crowell & Moring, Two Manhattan West, 375 9th Avenue, New York, NY 10001
Moderator:
Dana MacGrath, Independent Arbitrator, MacGrath Arbitration
Speakers:
Randa Adra, Partner, Crowell & Moring
Katharine Bell, Partner, Schellenberg Wittmer
Nov. 20th
8:30pm – 10:30pm
Dine-Arounds
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Venue: to come
Thursday
Nov. 21st
8am – 9:30am
Available for third party events
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Details to follow
Venue: Hogan Lovells
Nov. 21st
10am – Noon
Coming Soon
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Venue: to come
Nov. 21st
12:30pm – 1:30pm
Available for Third Party Events
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Details to follow
Venue: to come
Nov. 21st
2pm – 4pm
Recent developments in national arbitration laws around the world & comparison to US arbitration law
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Venue: Debevoise
Nov. 21st
4:30pm – 6pm
Game Changers: International Arbitration of Commercial Sports Disputes
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A distinguished panel of leading sports attorneys and industry insiders will delve into the intricate and high-stakes world of international commercial sports arbitration and disputes. This program will unpack the complexities of resolving disputes related to contracts, sponsorship agreements, athlete representation, and broadcasting rights within the global sports industry. Participants will explore the unique challenges posed by cross-border contracts, the enforcement of arbitration awards across different jurisdictions, and the landmark cases that have set precedents in the field. The discussion will also highlight the strategic approaches legal teams use to navigate these multifaceted disputes and the critical roles that governing bodies like FIFA and the International Court of Arbitration for Sport (CAS) play in upholding the integrity of sports arbitration.
Venue: JAMS New York Resolution Center | 620 8th Avenue, 34th Floor
Moderator:
Jeffrey G. Benz, Esq., FCIArb, FCollArb, CEDS, Arbitrator & Mediator, JAMS – London
Speakers:
Lindsay Brandon, Director of Safeguarding, Women’s Tennis Association – Seattle
David Feher, Partner, Co-Chair Sports Law Practice – Winston & Strawn – New York
Paul J. Greene, Founder, Global Sports Advocates – Portland, ME
Michele A. Roberts, Arbitrator & Mediator, JAMS – New York
Nov. 21st
5pm – 7pm
DIS Event
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Details to follow
Venue: K&S
Nov. 21st
6:30pm – 10:30pm
Coming Soon
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Venue: Linklaters
Friday
Nov. 22nd
8am – 6pm
Fordham Conference
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Venue: Fordham
Nov. 22nd
7pm – 10pm
Coming Soon
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Venue: Bailey Duquette 104 Charlton Street, 1-W