New York Arbitration Week

November 18-22, 2024

NYAW 2024 Program Calendar

NYAW Events Details

 

MONDAY

Nov. 18th

9am – 10am

YAWP Presents: Breakfast and Bond

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Young ArbitralWomen Practitioners welcomes you to a breakfast networking event to kick off New York Arbitration Week.

ArbitralWomen President Rebeca Mosquera will open the event with welcoming remarks, followed by an hour-long informal networking session. It’s a great chance to get to know other young arbitration practitioners over strong coffee and delicious breakfast bites. Join us at Chaffetz Lindsay on Monday 18 November at 9am!

Venue: Chaffetz Lindsey LLP | 1700 Broadway 33rd Floor New York, NY 10019

The deadline for registration is Thursday, November 14th.

Nov. 18th

10am – noon

Proving My Case and Establishing the Substantive Law

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Please join us for a conversation among international arbitration practitioners, arbitrators, and scholars, as they discuss some of the issues that appear in this year’s Willem C. Vis International Commercial Arbitration Moot problem.  The panel will offer real-world insights in international arbitration from both common law and civil law perspectives on considerations for excluding (or admitting) potentially protected and/or confidential evidence and the considerations that come into play in determining whether and why the CISG may apply to complex commercial transactions.  The event will be of interest to anyone involved in navigating complicated evidentiary and applicable law issues in international disputes, in addition to students and coaches participating in this year’s Vis.

Venue: Chaffetz Lindsey LLP | 1700 Broadway 11th Floor New York, NY 10019

Moderators:
Louis B. Kimmelman
Gretta L. Walters

Speakers: 
Cecilia Azar M.,
Professor Clayton P. Gillette,
Dana C. MacGrath,
Professor Dr. Ingeborg Schwenzer

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: 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, Draper & Draper LLC
Daniel Greineder, Senior Counsel, Albertson Solicitors, London
Jose Antonio Vazquez Cobo, Holland & Knight, Mexico
Brooke Guven, Head of ESG & Sustainability and Managing Director, Cerberus Capital Management 

Sponsoring Committee:
International Law, Victoria Pochtar, Chair

Co-Sponsoring Committees:
International Commercial Disputes, Stephanie Cohen, Chair
Alternative Dispute Resolution, Susan E. Salazar, Chair
Arbitration, Gretta Lee Walters, Chair

Nov. 18th

2pm – 4pm

Young ICCA Cross Examination Showcase

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Join us for a cross examination demonstration, which will follow as a capstone to Young ICCA’s masterclass in cross examination held at the offices of Skadden, Arps, Slate Meagher & Flom LLP on Sunday, November 17, 2024 more information on that event is available here.

During the event, experienced practitioners will demonstrate a cross-examination of two different mock expert witnesses before a three-member arbitral tribunal. After the showcase, the examiners, experts, and arbitral tribunal members will lead a roundtable debrief on the different approaches taken by the examiners, and the merits and common pitfalls of each approach.

The showcase will be followed by a networking reception and refreshments. The event is free of charge. Prior registration is required.

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

Opening Remarks:
Eva Chan, Skadden, Arps

Tribunal:
Lucy Reed,
Arbitration Chambers
Hon. Russell Brown,
Arbitration Place, Hunter Litigation Chambers
Ank Santens,
White & Case

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

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

Nov. 18th

4pm – 6:30pm

Geopolitical Wars, Financial Upheavals, and International Arbitration

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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

Supporting partner organizations: 

China International Economic and Trade Arbitration Commission (CIETAC)
Shanghai International Dispute Resolution Center (SIDRC)
Shanghai International Economic and Trade Arbitration Commission (SHIAC)
Japan Commercial Arbitration Association (JCAA)
Korean Commercial Arbitration Board International (KCAB)

Nov. 18th

4:30pm – 7:30pm

New York Is Supportive of Arbitration at Every Stage of the Proceeding

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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.

Learn More

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

CLE will be provided by Freshfields.

CLE Credit Info:

California Law 1.5 General (participatory)
New York Law 1.5 PP – Transitional and Non-transitional

  • CA CLE: Freshfields Bruckhaus Deringer US LLP has been certified by the State Bar of California as an approved provider of MCLE.
  • NY CLE: Freshfields Bruckhaus Deringer US LLP has been certified by the New York State Continuing Legal Education Board as an Accredited Provider of Continuing Legal Education in the State of New York. This continuing legal education course has been approved in accordance with the requirements of the New York State CLE Rules and Regulations for credits as indicated above.

Nov. 18th

5:30pm – 8pm

Institutional Reports and Perspectives from Asia

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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

Nov. 18th

6:30pm – 8:30pm

Mediation with Asian Contractual Partners; Bridging the Cultural Divide

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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 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)

Moderator:

Wonyoung (Karyn) Yoo, Foreign Attorney, Kim & Chang

Speakers:

Joel E. Richardson, Partner, Kim & Chang
Chuan Wee Meng, Chief Executive Officer, Singapore International Mediation Centre
Katelyn A. Horne, Senior Associate, Arnold & Porter

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:

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 L. Benton, US and International Arbitrator, Gary Benton Arbitration; Founder, SVAMC

 Panel:
Steven M. Bauer
, Mediator and Arbitrator, JAMS
Preeti Bhagnani
, Partner, White & Case LLP
Lindsay Cooper Hayman
, Partner, Debevoise & Plimpton LLP
Michael H. Diamant
, Domestic and International Arbitrator and Mediator
James R. Ferguson
, Partner, Mayer Brown
Jonathan W. Fitch
, Partner, Fitch Law Partners LLP; CEO, SVAMC
Conna A. Weiner
, Mediator and Arbitrator, JAMS

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

Nov. 19th

10am – 11am

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

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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. 

Nov. 19th

11am – noon

Enforceable Arbitral Subpoenas: What to Know

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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. 

Nov. 19th

12:10-1:10pm

The Tribunal Secretary’s Role: How Much is too Much?

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This panel, organized by the Columbia Law School Brazilian Association, will discuss the expanding role of Tribunal Secretaries in International Arbitration, potential overreach, and measures to prevent such excesses. Key topics will include the secretary’s duties and the consequences of breaches of such duties, the limits of the secretary’s participation in the arbitration, as well as a discussion on guidance from arbitral institutions for the use of tribunal secretaries. The panel promises a rich and insightful conversation on this increasingly important topic in international arbitration.

Venue: Columbia Law School, WJWH Room 107, 1125 Amsterdam Ave., New York, NY 10027

Panel:
George Bermann – Professor of Law, Columbia Law School; Independent Arbitrator
Thomas Clay – Partner at Clay Arbitration; Professor at Sorbonne Law School and Visiting Professor at Columbia Law School
Ank Santens – Partner in White & Case’s International Arbitration Practice
Paul Di Pietro – Counsel for ICC North America Region

Moderated by:
Daniel Hemerly Ferreira – Columbia Law School, LL.M. ’25

Sponsor: 
Bermudes Advogados

 

Nov. 19th

Lunch
(12:30-1pm)
Program
(1-2:30pm)

International Arbitration in the Age of AI: Adapting, Innovating, Leading

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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

Nov. 19th

3:30pm – 6pm

Trends in ESG Disputes: 2024 Year-in-Review and Predictions for 2025

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White & Case and the Campaign for Greener Arbitrations (CGA) are pleased to invite you for a coffee break and insightful panel discussion, followed by a “green walk” to the New York Arbitration Week Welcome Reception.

The panel will explore the current landscape of Environmental, Social, and Governance (ESG) claims across various domestic and international forums.  In light of the recent U.S. presidential election and rapidly evolving ESG agendas among regulators and governments worldwide, the discussion will include predictions for ESG dispute risks looking toward 2025, along with risk mitigation strategies, featuring a diverse panel of speakers bringing expertise in ESG policy development, impact litigation, and corporate ESG risk management.

Walk to New York Arbitration Week Welcome Reception (5:15 – 6:00pm)

Following the ESG panel, we will proceed together to the NYAW Welcome Reception. We invite you to join us for a special Green Walk through Central Park, providing an opportunity to appreciate the natural fall scenery, connect with fellow CGA supporters, and learn more about sustainability in international arbitration. You are welcome to meet us either at White & Case or at the entrance of Central Park. Further details about the Green Walk can be found here.

White & Case LLP is an accredited provider of New York State continuing legal education. This activity has been approved for 1 hours of CLE in Areas of Professional Practice. The content is appropriate for lawyers of all experience levels.

Venue:
White & Case LLP
1221 Avenue of the Americas
New York, NY 10020

Moderator:

Suzanne Knijnenburg, Associate, New York, White & Case LLP


Speakers:

Lisa Sachs, Director of the Columbia Center on Sustainable Investment

Cherine Foty, Senior Associate at Covington & Burling LLP and Vice-Chair of Campaign for Greener Arbitrations

Diego Rueda, Senior Associate at Freshfields Bruckhaus Deringer LLP

Parisa Elahi, Senior Corporate Counsel at Cisco

Nov. 19th

5:30pm

Green Walk – Join the Campaign for Greener Arbitrations at NYAW

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Join the Campaign for Greener Arbitrations following our Trends in ESG Disputes 2024 Year-in-Review and Predictions for 2025 panel at White & Case as we walk to NYAW’s “Welcome to NY” Reception. For those not attending the panel session, we invite you to join us at the conclusion of the panel for the Green Walk. You are welcome to meet us at White & Case or at the entrance of Central Park (see details and meeting times below).

Along the route, we will make our way through picturesque Central Park to enjoy the beautiful greenery of the park while connecting with fellow CGA supporters and learning more about sustainability in international arbitration. Leaders of the CGA will share how they have put the Green Pledge into practice, implemented the Green Protocols, and institutionalized sustainable behaviors and Green Actions within their structures.

 

Walk Meeting Points: We offer several meeting point options along our walk:

Queries: [email protected].

 
Note: The Green Walk will take place subject to weather conditions. Alternative travel plan suggestions from White & Case to the NYAW Reception to be provided in the case of inclement weather.
 
Persons with a health condition or impairment who require special assistance to attend the event are invited to let us know how we may assist.

Nov. 19th

6:30pm – 9:30pm

NYAW: “Welcome to NY” Reception

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Meet and mingle with members of the New York and global international arbitration community at an in-person cocktail reception to greet old and new friends.

This year’s cocktail reception will take place at New York’s first museum, the New–York Historical Society, in their stunning Gallery of Tiffany Lamps. Regarded as one of the world’s largest collections, the Gallery of Tiffany Lamps features 100 illuminated Tiffany lamps, displayed within a dramatically lit jewel-like space. We are sure that the evening will light up your week!

Please note that while the event is free of charge, space is limited. Advance registration is required to secure your spot.

Program Hosts:
NYAW Organizing Committee, NYIAC, and CiarbNY

Venue:
New York Historical Society
Gallery of Tiffany Lamps
170 Central Park West
New York, New York 10024

Wednesday

Nov. 20th

8am – 9:30am

Arbitration Trends in Latin America

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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)

Nov. 20th

10am – Noon

Confidentiality versus Transparency in International Arbitration

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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, Partner, Ferrere, Member of the ICC Court
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)

Nov. 20th

12pm – 1:30pm

Life in the Fast Lane: Making Expedited Arbitration Work for You

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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

Moderator
Isabel Fernández de la Cuesta
, Independent International Arbitrator & Counsel, New York

Speakers:

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.)

Nov. 20th

2pm – 4pm

Is London Catching up to New York? An examination of US arbitration law in light of the recent proposed amendments to the English Arbitration Act.

See details

Co-moderators:
Paul Friedland, FCIArb, White & Case, New York
Rachael Kent, Wilmer Hale, Washington, DC

Debate (2:00 p.m. – 3:00 p.m.)
The first part of the session will be a debate focused on three of the proposed revisions in the English Arbitration Act: (i) arbitral power to make awards on summary bases; (ii) court powers in respect of non-parties; and (iii) judicial review of jurisdictional rulings by arbitrators.

Debaters:
Sophie Lamb, Latham & Watkins, London
Luke Sobota, Three Crowns, Washington, DC

Panel Discussion (3:00 p.m. – 4:00 p.m.)
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, FCIArb, Independent Arbitrator, NY
Audley Sheppard KC, FCIArb, Independent Arbitrator, London

Venue: White & Case LLP
1221 Avenue of the Americas
New York, NY 10020

Sponsoring Committees:
NYIAC and CIArb

 

 

Nov. 20th

4pm – 7pm

New York Arbitration Week: Disputes Arising from the Energy Transition in the US & Canada

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New York Arbitration Week: Disputes Arising from the Energy Transition in the US & Canada
As the energy transition continues to gain momentum in the US and Canada, what types of disputes are arising? Which investor-state disputes have been initiated? What type of construction disputes? Which types of disputes go to arbitration, and which are the ones that never do? These and many more questions will be addressed by a distinguished panel composed of academics, damages experts, in-house counsel and commercial arbitration counsel:

Speakers;

Prof. Stratos N. Pahis, Brooklyn Law School (New York)
Simon Braithwaite, Diales (New York)
Colin Hill, Orix (New York)
Mary Kate Wagner,BakerHostetler (New York)

Moderator:

Hinda Rabkin, Freshfields (New York)

The event is organized by YCAP (Young Canadian Arbitration Practitioners) and hosted by Freshfields.

Venue: Freshfields
3 World Trade Center

175 Greenwich Street, 51st Floor
New York, NY 10007-0042

 CLE Information:

California Law 1.5 General – Participatory
New York Law 1.5 PP – Transitional and Non-transitional

  • CA CLE: Freshfields US LLP has been certified by the State Bar of California as an approved provider of MCLE.
  • NY CLE: Freshfields US LLP has been certified by the New York State Continuing Legal Education Board as an Accredited Provider of Continuing Legal Education in the State of New York. This continuing legal education course has been approved in accordance with the requirements of the New York State CLE Rules and Regulations for credits as indicated above.

 

 

Nov. 20th

5pm – 8:30pm

The Evolving Landscape of Renewable Energy Disputes

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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

Nov. 20th

5pm – 8pm

Emerging Trends in Arbitration: A New York and Singapore Perspective

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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.

Following the event, there will be a networking cocktail reception.

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

Moderator:

Adriana Uson, Director & Head (Americas), Singapore International Arbitration Centre

Speakers:

Luke Sobota, SIAC Board Member, Partner Three Crowns
Aloysius Llamzon, Partner, King & Spalding
Jonathan Lim, Partner, WilmerHale
Romain Zamour, Vice President & General Counsel, Lane Construction Company

Nov. 20th

5:30pm – 7:30pm

Paris-New York: Transatlantic Encounters and the Cross-Pollination of Arbitration Law

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The association Paris, home of International Arbitration brings together a group of distinguished arbitration practitioners from both sides of the Atlantic to discuss the cross-pollination of arbitration law in France and the United States. Panelists will discuss both the influence of French arbitration law on US arbitration law as well as the influence of the New York Convention on French arbitration law. Paris, home of International Arbitration is an organization created by leading players in the arbitration community to promote Paris as a leading place of international arbitration.

Refreshments will be served.

Venue: Quinn Emanuel, 51 Madison Ave., 22nd floor, New York, NY 10010

Speakers:

Prof. George Berman, Columbia Law School
Prof. Thomas Clay, Columbia Law School, Partner Clay Arbitration
Floriane Lavaud, Partner Whiter World Wide
Hagit Muriel Elul, Partner Orrick
Alexander Leventhal, Partner Quinn Emanuel

Nov. 20th

6pm – 8:30pm

ArbitralWomen – The Case for Diverse Attorneys: Improving Retention and Fostering Professional Development

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During New York Arbitration Week, ArbitralWomen and Crowell & Moring will host a substantive discussion and reception entitled “The Case for Diverse Attorneys: Improving Retention and Fostering Professional Development.

Venue: Crowell & Moring,
Two Manhattan | West, 375 9th Avenue, New York, NY 10001

Speakers:
Randa Adra, Partner, Crowell & Moring
Katherine Bell, Partner, Schellenberg Wittmer
Andrea Cardani, Partner, AlixPartners
Julianne Jaquith, Partner, Quinn Emanuel Urquhart & Sullivan
Christian Leathley, Partner, Herbert Smith Freehills
David Perla, Vice Chair, Burford Capital

 

Nov. 20th

7:30pm – 9:30pm

Young ICCA & YSIAC Supper Club

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Please join Young ICCA and YSIAC for an evening of networking and mentorship over supper with esteemed members of the international arbitration community. The supper clubs will be held concurrently on November 20 throughout Manhattan and will comprise a diverse mix of participants, including a senior practitioner as the guest of honor. Thanks to the generous sponsorship of AlixPartners, Brattle, BRG, FTI, HKA, Kroll, NERA, Secretariat, S-RM and Snowbridge Global Advisory, the supper clubs are free to attend.  

Please register by November 13. Space is limited and successful applicants will be notified a few days prior to the event.

Nov. 20th

8:30pm – 10:30pm

Dine-Arounds

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Join us for a fun and delicious evening of foodie adventures!

Diners will receive an email by 12pm November 20 (Dine Arounds Day) with venue, leaving your dinner guests a surprise on arrival. Anticipate a buzzy, hitlist spot that encourages convivial conversation and sumptuous eats. Grab your friends or come solo – either way, you’re guaranteed a night of good food and even better company!

Seats are limited. To secure your place, purchase a ticket ($200) by 6pm November 18 (Day 1 of NYAW2024).

RSVP now to secure your spot at Dinner Dine Arounds. We can’t wait to see you there! Dinners begins at 8:30pm!

NB1: Some dietary restrictions may be accommodated based on venue. Please advise in prompt before completing registration.

NB2: No refunds can be issued. Consider gifting your ticket to another if you cannot attend.

Venue: to come

 

Thursday

Nov. 21st

10am – Noon

Arbitrating Construction and Energy Disputes in the Middle East

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The Middle East is home to extremely dynamic and at times volatile economies, implicating numerous complex dispute resolution issues.  The panelists have selected 6 key topics that will be addressed:

  • Are giga project arbitrations here?
  • Key substantive issues most recently arbitrated in the construction and energy sectors
  • Updates on investor-state arbitration involving the construction sector in the MENA region in construction and energy in the Middle East
  • MENA arbitral Institution and SCCA
  • How could the change in the US administration affect MENA-related disputes?
  • Toolkit for clients in MENA energy and construction disputes.
  • 9.45-10.15:  Registration
  • 10.15-noon:  Panel discussion and questions
  • 12.00-1.00: Mingling and snacks

Moderator:
Amal Bouchenaki, Partner, Herbert Smith Freehills LLP, New York, USA

Speakers:
Amr Abbas, Partner, Matouk Bassiouny & Hennawy, Cairo, Egypt
Ben Cowling, Partner, Clyde & Co, Riyadh, KSA
James Hosking,
Partner, Chaffetz Lindsey, New York, USA
Lilian Khoury, Steptoe, New York
Sara Koleilat-Aranjo, Partner, Morgan Lewis, Dubai, UAE

Venue: Herbert Smith Freehills LLP
200 Park Ave, New York, NY 10166

Registration Closed

Nov. 21st

Noon – 2pm

Emerging Standards and Expectations in International Arbitration:  Codes of Conduct, Conflicts and Disqualification

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The discussion will cover the new UNCITRAL code of conduct for ISDS arbitrators, including the “double-hatting” provisions, the IBA rules on conflicts in the context and aftermath of the Paris court’s decision in Doula, and observations on the current environment and best practices regarding disclosures, avoidance of conflicts and disqualification.

Venue:

Katten Muchin Rosenman 50 Rockefeller Plaza, New York, NY 10020

Moderator

Miriam K. Harwood, Partner and Chair, International Arbitration, Katten

Panelists

Kabir Duggal, Senior Fellow and Advisor, Center for International Commercial & Investment Arbitration at Columbia Law School
Michael Nolan, Arbitration Chambers
Kathleen Paisley, Ambos Law

CLE

Katten is an accredited provider of MCLE in Illinois and California. Katten is certified by the New York State continuing Legal Education Board as an accredited provider of CLE in the State of New York. This program is pending approval in these jurisdictions for up to 1.25-1.50 credits (IL/CA general; NY professional practice), subject to review of program materials and attendance documentation. This program is suitable for transitional and non-transitional attorneys. Katten will also seek CLE credit in Texas, if needed. Kindly note that Katten makes no representations whether other states will accept this program for CLE credit. The views expressed in this presentation are those of the presenters. This program is intended for an attorney audience.

 

Nov. 21st

2pm – 4pm

Arbitrating around the world – different seats, different approaches to international arbitration

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

Kate Cervantes-Knox, Independent Arbitrator, Cervantes-Knox 

Prof. Thomas Clay, Sorbonne Law School, currently, Columbia Law School, Partner Clay Arbitration, Paris

Omar Guerrero Rodriguez,  Office Managing Partner, Hogan Lovells 

Julianne J. Marley, Senior Associate, Debevoise & Plimpton 

Fabiano Robalinho Cavalcanti, Partner, Bermudes Advogados

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, 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

Nov. 21st

5pm – 7pm

DIS@NYAW: To Be, or Not to Be Sandwiched – The New DIS Supplementary Rules for Third-Party Notices

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Everyone seems to like sandwiches but hardly anyone likes to be sandwiched in a dispute. Still, there are many situations in which being sandwiched is the ill fate of a contractual party.

Think of a contractor who faces claims from the owner and at the same time has own claims against its subcontractor relating to the same works. This contractor will be involved in two separate arbitration proceedings with the inherent risk of losing both. The owner may establish claims against the contractor in the first arbitration for defective works but the arbitrators in the second arbitration may not consider the works done by the subcontractor as defective. Effectively, the contractor is sandwiched.

In litigation, a third-party notice, an impleader or a vouching-in could help to bind the subcontractor to the outcome of the dispute between the owner and the contractor without making the subcontractor a party to these proceedings. In arbitration, things are not that straightforward and parties seeking to mirror the litigation rules in their arbitration agreement face an uphill battle. Owner, contractor and subcontractor often do not sit at the same negotiation table. Spending time on drafting a complex arbitration agreement may likewise not be such a brilliant idea when other commercial issues are more pressing. To help parties in such a situation, the DIS has conceived a set of new rules, the DIS Supplementary Rules for Third-Party Notices, which entered into force on 15 March 2024 (the “DIS Supplementary Rules”).

Over sandwiches, we will discuss how these new rules can help parties prevent being sandwiched in arbitration, in what situations being sandwiched is a real risk and what in your experiences are ways to handle such situations. Can arbitration institutions remedy this perceived disadvantage of arbitration against litigation? Are the new DIS Supplementary Rules a model suitable for the Americas?

Venue: King & Spalding LLP, 1185 Avenue of the Americas, 34th Floor, New York, NY 10036

Speakers:
Lauren Friedman, King & Spalding, New York
David Martin, Halliburton, Houston
Dietmar Prager, Debevoise & Plimpton, New York
Ank Santens, White & Case, New York
Jan K. Schäfer, DIS Board Member, Frankfurt
Eric A. Schwartz, Schwartz Arbitration, New York
Johanna Wirth, DIS Board Member, Berlin

Nov. 21st

6pm – 9pm

Enforcement of Intra-EU Investment Awards: Fighting with Don Quixote’s Windmills?

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We are pleased to invite you to the New York Arbitration Week Praelium-style event, hosted at Linklaters’ New York office, focusing on the enforcement of intra-EU investment awards in the U.S.

Drawing inspiration from real cases, this event will feature a (fictional) legal scenario involving Don Quixote SA, a preeminent Luxembourg investment firm, and Windmills Land, an EU member state. Following regulatory adjustments post-2008 economic crisis, Don Quixote’s wind farm investments suffered significant losses, resulting in an arbitral tribunal awarding €125 million under the Luxembourg-Windmills Land Bilateral Investment Treaty. Despite repeated demands for payment, Windmills Land has refused to comply, prompting Don Quixote to pursue asset enforcement in Washington, D.C.

During this compelling mock hearing, speakers will delve into critical topics surrounding the enforcement of intra-EU investment awards in U.S. courts. Will Don Quixote obtain its rightful compensation, or will Windmills Land ultimately succeed?

 Please fill out this registration form by November 15th to confirm your attendance below and select Register. We will send you confirmation of your registration as soon as possible. Fields marked with an asterisk (*) are mandatory.  

Approved for NY CLE accreditation. Drinks reception will follow the event.

 Click here to add this event to your calendar. 

Cnfirmed Speakers:

Filip Boras (Baker McKenzie)
Diane Desierto (Notre Dame Law School)
Andrew Loewenstein (Foley Hoag)
Gerard Meijer (Linklaters)
Andrea Menaker (White & Case)
Ankita Ritwik (Gibson Dunn)

Approved for NY CLE accreditation. Drinks reception will follow the event.

Click here to add this event to your calendar. 

Time: 18:30 (doors open at 18:00)

Venue: Linklaters, 1290 Avenue of the Americas, New York, NY 10104

Registration Closed

Friday

Nov. 22nd

8:30am – 3:45pm

Fordham Conference

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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

Nov. 22nd

6:30pm – 9:30pm

Second Annual Young Practitioners Speakeasy Social

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Join AlixPartners, Bailey Duquette P.C., HKA 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.

Registration Closed

To register your interest in attending, please email [email protected] 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., HKA and Young International Arbitration Practitioners of New York (“YIAP”)

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

Registration Closed