Details to come shortly

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: 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

Details to come shortly

Venue: White & Case 1221 6th Ave, New York, NY 10020

Tribunal:
Lucy Reed; Hon. Russell Brown

Cross-examiners:
Matthew Morantz, Associate, Paul Hastings
Judy Fu, Barrister, 3 Verulam Buildings

Testifying experts:
Ann Gittleman, managing director and co-head of the North America Expert Services, Kroll
Andrea Cardani, Partner, AlixPartners

International business has become increasingly political. As geopolitical tensions have intensified between the US and certain other countries, 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. A fusillade of sanctions have resulted in the US Dollar – one of the most commonly used currency in international business transactions – become viewed as a currency risk, a view that has taken on another dimension as it continues to simmer at all-time highs against many other foreign currencies. The price of certain commodities, particularly the “critical minerals” crucial to the energy transition movement, has 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, Boston
Christine Kang, Partner and China Practice Co-Chair, Hughes Hubbard & Reed LLP, New York
Hideaki Umetsu, Managing Partner, Mori Hamada & Matsumoto NY LLP, New York
Aimen Mir, Partner and CFIUS Practice Head, Freshfields, and former Deputy Assistant Secretary for Investment Security, CFIUS, Washington DC

This panel, organized by the International Institute for Conflict Prevention & Resolution (CPR), will demonstrate the benefits of NY-based arbitrations and show that NY courts have been very positive and proactive in compelling and aiding arbitration. From supportive statutes that help parties to choose New York as a situs and governing law to court support of award enforcement, New York supports arbitration at every stage of a proceeding. This Panel will highlight different issues that arise in each stage, pre-arbitration, during the arbitration and post-award, and use examples of recent court decisions, ending in enforcement of the award.

Speakers:

Erin Klewin, Senior Counsel, Danone North America
Dr. Mohamed Sweify, Associate Attorney & Adjunct Professor, Hinshaw, Fordham Law
Natalia M. Zibibbo, Counsel, Freshfields
Daniel Schimmel, Partner, Foley Hoag
Julia Keichel, Senior Counsel, Johnson & Johnson

Venue: Freshfields
3 World Trade Center
175 Greenwich Street, 51st Floor
New York, NY 10007-0042

The International Centre for Dispute Resolution, the international division of the American Arbitration Association welcomes the Beijing International Arbitration Center and the Shenzhen Court of International Arbitration along with the ICDR’s Asia Case Management Centre for a session to focus on institutional reports and to share perspectives on the international arbitration landscape and trends for Asia.

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

What unique challenges do American parties face when intending to mediate disputes with Asian counterparties? What strategies can American parties pursue to encourage Asian parties to agree to mediate? In this seminar, held jointly by Korean law firm Kim & Chang, Arnold & Porter, and the Singapore International Mediate Centre, the panel will explore:

• Common differences in mediation culture between Western parties and Asian parties
• Trends in Asian companies’ attitudes regarding mediation
• Specific experiences convincing reluctant Asian parties to mediate
• Specific experiences bridging the cultural divide in mediation

Venue: Arnold & Porter, 250 West 55st Street, New York, NY, 10019 (simultaneous virtual participation for participants in Asia)

Welcome to Alston & Bird and Introduction: Karl Geercken and Alex Yanos

Welcome from SVAMC and Introduction of the Program:

Topics to be discussed:

• CLAUSE CARVEOUT – Is it appropriate or advisable in arbitration agreement to include carveouts for IP related issues such as patent validity or infringement?
• UNCITRAL SPEDR CLAUSES – Do the UNCITRAL SPEDR Clauses Make Sense for Tech Disputes – The UN’s newly released specialized express dispute resolution (SPEDR) clauses include provisions for extremely short arbitrations, parallel expert determination, and technical advisors to arbitrators. Does the tech sector need all this?
• INSTITUTIONS OVERRULING STIPULATIONS – 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?
• ARBITRATORS FOCUSING EXPERTS – 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?
• ESG IN TECH DISPUTES – The growing focus on environmental, social and governance (ESG) issues within arbitration raises questions about how to balance ethical considerations with business interests. Should ESG be a consideration in technology arbitrations?
• ARBITRATORS ASKING FOR PARTY FEEDBACK – 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?

Venue: Alston & Bird, 90 Park Ave, New York, NY 10016

Moderator:
Gary Benton

Panel:
Steve Bauer
Preeti Bhagnani
Lindsay Cooper Hayman
Michael H. Diamant
James Ferguson
Jonathan W. Fitch
Conna Weiner

CLE information:
Alston & Bird is the CLE provider for this program. CLE credit will be available where applicable.

Does the Loser Always Pay? Principle vs. Practice in the Allocation of Costs in New York Arbitration Proceedings

Join a group of expert panelists to discuss the New York City Bar Association’s recent analysis of costs awards across a survey of more than 140 arbitral awards.  Panelists will discuss the incentives inherent to the Loser Pays and American-style approaches to costs allocation, as well as the myriad considerations an arbitrator may contemplate when awarding arbitration costs and legal fees in complex disputes with multiple claims and counterclaims.  Can parties to an arbitration agreement pre-empt the arbitrator’s will or arbitral institution’s rules on costs allocation?  How should parties approach costs submissions corresponding to partial success on the merits?  Is the scope of “reasonableness” of costs sought expanding over time?  These questions will be among those examined with reference to data derived from the past 20 years of awards rendered in proceedings with a New York seat or governed by New York law.

Moderator:
Daniel Reich, Founding Partner, Gaillard Banifatemi Shelbaya Disputes

Speakers:
Hunter Carter, Partner, ArentFox Schiff
Crina Baltag, Independent Arbitrator, Baltag Law
Julie Bédard, Partner, Skadden, Arps, Slate, Meagher & Flom

Venue: New York City Bar Association, CLE Center, 42 W 44th St, New York, NY 10036

Hosts:
Sponsoring Committees:
International Commercial Disputes Committee and Arbitration Committee

Co-Sponsoring Committee:
International Law Committee

CLE information:
2 hours of CLE credit are pending approval in New York. This program’s content is transitional and is appropriate for both newly admitted and experienced New York attorneys. This CLE includes both events hosted at the New York City Bar Association. 

Enforceable Arbitral Subpoenas: What to Know

The enforceability of subpoenas issued by arbitrators remains a challenging dimension of arbitral practice for counsel and arbitrators. The City Bar has been a thought leader in this area ever since nationwide service of arbitral subpoenas became possible in 2013 – issuing its initial Annotated Model Arbitral Witness Summons in 2015 and an updated version of the 2015 report earlier this year. This panel of experienced arbitrators and arbitration advocates will consider the significant recent case law developments affecting arbitral subpoena enforceability and consider what solutions arbitrators should adopt.  Counsel will benefit from strategic insight into practical and oft-overlooked constraints on seeking testimony and documents from third parties.

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, CLE Center, 42 W 44th St, New York, NY 10036

Hosts:
Sponsoring Committees:
International Commercial Disputes Committee and Arbitration Committee

Co-Sponsoring Committee:
International Law Committee

CLE information:
2 hours of CLE credit are pending approval in New York. This program’s content is transitional and is appropriate for both newly admitted and experienced New York attorneys. This CLE includes both events hosted at the New York City Bar Association. 

This program will proceed in two parts. The first Panel will present the state of the technology, use cases for lawyers and arbitrators, and outline the opportunities and challenges ahead. The second Panel will discuss the impact this general-purpose technology will have on business, the practice of law, and dispute resolution.

Venue: FTI Consulting 1166 6th Avenue, 15th Floor New York, NY 10036

First Panel: 1:00-1:45 pm

Faculty:

Dean Andrew Perlman, Suffolk Law School; Boston, MA
Stacy Guillon, Arbitrator and Mediator, Decisioncraft; Denver, CO
Jen Leonard, Founder, Creative Lawyers; New York, NY

Second Panel: 1:45-2:30 pm

Faculty:

Darth Vaughn, Managing Director Legal Operations and Litigation Counsel, Ford Motor Company; Newport Beach, CA
Ilona Logvinova, Director of Practice Innovation, Cleary Gottlieb; New York, NY
Casey Flaherty, Founder, LexFusion; New York, NY

Details to follow

Details to follow

You are invited to join an esteemed panel of practitioners and experts discussing current and potential future trends seen in arbitrations taking place across Latin America. This round-table discussion will focus on issues that have arisen in multiple cases and diverse jurisdictions, providing insight on both head and tailwinds faced by claimants and respondents including the continued impact of social unrest, macroeconomic stressors, and technological development on both investor-state and commercial disputes.

Venue: Hogan Lovells, 390 Madison Ave, New York, NY 10017

Speakers:

Gaela K. Gehring Flores, Partner, Hughes Hubbard & Reed (Washington DC)
Samuel L. Zimmerman, Partner, Hogan Lovells (New York)
Rebecca Velez, Partner, HKA Global (Washington DC)

Moderator:
Alexander Lee, Director, HKA Global (New York)

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, (in favor of more transparency)
Simon Navarro, (in favor of more transparency)

Expedited arbitration has gained traction as a preferred method for those seeking a swift, cost-effective, and flexible resolution to disputes. Initially applied to low-value cases, it is increasingly used in more high-value disputes by parties who value the benefits of a speedy resolution to their disputes.

Panelists will discuss how parties and arbitrators are designing procedural frameworks under the ICC Expedited Procedure Provisions (EPP) and share best practices. This panel will also explore the evolution of expedited procedures, why parties are—and are not—opting for expedited procedures, and where expedited procedures may see increased use in the future.

Venue: BakerHostetler, 45 Rockefeller Plaza, New York, NY 10111

Speakers:

Kirsten Odynski, Partner, White & Case LLP, Paris, France (moderator)

Paul Di Pietro, Counsel, ICC International Court of Arbitration (SICANA Inc.), New York, NY (U.S.A.)

Caline Mouawad, Partner, Chaffetz Lindsey LLP, New York, NY (U.S.A.)

Carlos Ramos-Mrosovky, Partner, BakerHostetler, New York, NY/Washington, D.C. (U.S.A.)

Guilherme Recena Costa, General Counsel – Latin America & Asia Pacific, Barrick Gold Corporation, New York, NY (U.S.A.)

Debate, 2-3pm:

Panel Discussion, 3-4pm:
The second part of the session will be a discussion among the debaters and additional panelists, drawing in perspectives from Model Law jurisdictions as well as the US and England.
Panelists: Kate Brown de Vejar (DLA Piper, Mexico City), Stephanie Cohen (Independent Arbitrator, New York), Audley Sheppard KC (Independent Arbitrator, London).

Venue: White & Case, 1221 Avenue of Americas, 49th Fl New York, NY 10020

Moderators:

Paul Friedland (White & Case, NY)

Rachael Kent (Wilmer Hale, Washington, DC)

The evolving landscape of renewable energy disputes, particularly through the lens of international arbitration, is being shaped by the rapid expansion of global investments in sustainable energy projects spanning wind, solar, offshore, and nuclear sectors.

As governments and private actors strive to meet ambitious climate targets, disputes frequently arise due to regulatory changes, subsidy reforms, and project delays – particularly in cross border agreements.

As part of New York Arbitration Week (NYAW) 2024, Reed Smith is delighted to invite you to an in-person rapid-fire roundtable discussion exploring the challenges and opportunities within renewable energy disputes.

Our speakers will delve into strategies for navigating these complex disputes, which emerge at the intersection of shifting energy policies, investor expectations, and government actions

Speakers:

James P. Duffy IV, Partner, Reed Smith
Juliya Arbisman, Partner, Reed Smith
Mrinal Jain, Managing Director, Secretariat
Mumtaz Bhalla, Partner, ELP
Niyati Ahuja, Associate, Reed Smith
Peter C. Trimarchi, Partner, Reed Smith
Ylli Dautaj, Managing Partner, Partner, Visiting Associate Professor, Der Juridik/Penn State

Venue: Reed Smith,  599 Lexington Ave, New York, NY 10022

This panel will discuss New York and Singapore as leading seats of arbitration for Asia-Pacific disputes. As hubs for international disputes involving Asia-Pacific parties and global counterparties, New York and Singapore offer unique perspectives. The panel will compare the evolution and emerging trends in these two jurisdictions, explore their adaptation to the digital age, and examine the infrastructure being developed for the future of arbitration.

Venue: King & Spalding 1185 6th Ave, New York, NY 10036

Speakers:

Adriana Uson, Director & Head (Americas), Singapore International Arbitration Centre (moderator)
Lucy Reed, President, SIAC Court of Arbitration; Independent Arbitrator, Arbitration Chambers
Jonathan Lim, Partner, WilmerHale
Wade Coriell, Partner, King & Spalding

Details to follow

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

Katherine Bell, Partner, Schellenberg Wittmer

Panelists:
Randa Adra, Partner, Crowell & Moring (New York)
Katherine Bell, Partner, Schellenberg Wittmer (Zurich)
Julianne Jaquith, Partner, Quinn Emanuel Urquhart & Sullivan (Houston)
Christian Leathley, Partner, Herbert Smith Freehills (New York)
Dana MacGrath, Arbitrator and Counsel, MacGrath Arbitration (New York)

Details to follow

Venue: to come

Details to follow

Venue: Hogan Lovells

Details to follow

Venue: to come

Details to follow

Venue: to come

Details to follow

Venue: Debevoise & Plimpton LLP, 66 Hudson Blvd E, New York, NY 10001

Kate Cervantes-Knox, Independent Arbitrator, Cervantes-Knox 

Thomas Clay, Independent Arbitrator, Clay Arbitration 

Omar Guerrero Rodriguez,  Office Managing Partner, Hogan Lovells 

Julianne J. Marley, Senior Associate, Debevoise & Plimpton 

Fabiano Robalinho Cavalcanti, Partner, Bermudes Advogados

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, New York, NY 10018

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

Details to follow

Venue: King & Spalding

Details to follow

Venue: Linklaters

Program Agenda

8:30 – 9:00 a.m. | Registration

9:00 – 9:15 a.m. | Welcome Remarks

9:15 – 10:30 a.m. | Panel 1: Deep Fakes and Black Boxes: Navigating the AI Evidence Minefield (1.5 CLE)

David Earnest, Partner, Diamond McCarthy LLP
Gaela Gehring Flores, Partner, Hughes Hubbard & Reed LLP
Matt Groh, Ass’t Prof., Northwestern Kellogg School of Management, associated with Computer Science dept. McCormick School of Engineering
Maura R. Grossman, J.D., Ph.D., Research Professor, School of Computer Science, University of Waterloo, Principal, Maura Grossman Law
Mark Kantor, Independent Arbitrator

Moderator:
Edna Sussman, Independent Arbitrator, Distinguished ADR Practitioner in Residence, Fordham Law School

10:30 – 10:45 a.m. | Break

10:45 – 11:15 a.m. | State to State Disputes: Mediating the Israel/Egypt Border at Taba
Patrick M. Norton, Independent Arbitrator, Arbitration Chambers

11:15 a.m. – 12:30 p.m. | Panel 2: Investor State Disputes: Exploring Dispute Resolution Modalities, Beyond Arbitration and the Investment Court (1.5 CLE)

Wolf von Kumberg FCIArb, Independent Mediator and Arbitrator, Member Arbitra, Member ICSID Conciliation Panel
Frauke Nitschke, Senior Counsel and Team Leader, ICSID
Roland Schroeder, Chief Litigation Counsel, GE Vernova
Carlos Jose Valderrama, Former President of the Special Commission in charge of representing the Republic of Peru before Investment Disputes

Moderator:
Professor Jack Coe, Jr., Faculty Director of the LLM Concentration in International Commercial Arbitration at Pepperdine University’s Caruso School of Law

12:30 – 1:30 p.m. | Lunch

1:30 – 2:15 p.m. | Keynote Address: ¿Que será? Arbitration in Times of Climate Change
Juan Fernández-Armesto, Armesto & Asociados

2:15 – 2:30 p.m. | Break

2:30 – 3:45 p.m. | Panel 3: Arbitrator Disclosure: What Does Federal Law Require?” A Mock Supreme Court Argument and Discussion (1.5 CLE)

Elizabeth Edmondson, Partner, Jenner & Block LLP
Hon. Faith Hochberg, Principal, Hochberg Alternative Dispute Resolutions
Eamon P. Joyce, Partner, Sidley Austin LLP
Vincent Levy, Partner, Holwell, Shuster & Goldberg LLP
Jeremy C. Marwell, Partner, Vinson & Elkins LLP

Moderator:
Louis B. Kimmelman, Independent Arbitrator; Professor of Practice, Brooklyn Law School

3:45 – 5:00 p.m. | Reception

CLE Credit
CLE credits are pending in accordance with the requirements of the New York and New Jersey State CLE Boards for a maximum of 4.5 transitional and nontransitional credits.

Venue:
Fordham Law School, Skadden Conference Center, Second Floor
150 West 62nd Street, New York, NY 10023

Join AlixPartners, Bailey Duquette P.C. and Young International Arbitration Practitioners of New York for an informal (no-dress code) evening reception of convivial conversation and drinks to wind down the week. Attendance is limited. To register your interest in attending, please email shashi@baileyduquette.com with your full name, contact information, and affiliation. Please also advise if you require any physical accommodations in order to attend. Confirmation of attendance and secret password will be emailed to you prior to the event.

Program & Venue Host:
AlixPartners, Bailey Duquette P.C. and Young International Arbitration Practitioners of New York (“YIAP”)

Bailey Duquette P.C.
104 Charlton Street, 1-W
New York, NY 10014