New York Arbitration Week

November 14-18, 2022

NYAW 2022 Program Calendar

With thanks to our generous sponsors and partners, unless otherwise noted, attendance at all NYAW events is free of charge.

Monday, November 14, 2022

8:30 AM – 5:00 PM

Program Host:
AAA-ICDR, ICC, and ICSID

Venue Host:
NYC Bar Association
42 W 44th St
New York, NY 10036

New York CLE credit available.

37th AAA-ICDR–ICC–ICSID Joint Colloquium on International Arbitration

Since 1983, three of the leading international arbitral institutions cosponsor a joint colloquium that covers significant topics in the field of international commercial arbitration.  The joint colloquium brings world-renowned international arbitrators and practitioners to attend, present and discuss some of the most significant developments in the field.

Topics include:

  • Recent Institutional Developments at the AAA-ICDR / ICC / ICSID
  • Conflicts of Interest and Disclosures – Codes of Conduct
  • The In-House and Government Counsel’s Roundtable
  • International Arbitration Scenarios – “What Would You Do?”

Information on conference fees for this event is available on Joint Colloquium registration page

5:00 PM – 7:00 PM

NYC Bar Association
42 W 44th St
New York, NY 10036

New York Arbitration Week Opening Reception

Hosted jointly with the Joint Colloquium

by emailing Alyssa Montano of AAA-ICDR

Tuesday, November 15, 2022

    8:30AM – 9:00AM Breakfast
    9:00AM – 10:30AM Program

    Program Host: CPR

    Venue Host:
    Freshfields Bruckhaus Deringer LLP, in collaboration with TozziniFreire Advogados
    601 Lexington Avenue
    New York, NY 10022

    New York and California CLE credit available.

    Charting the Path to Efficient Resolution of Investment Disputes in Latin America:  Who is in Charge?

    Latin American states have largely embraced arbitration to settle disputes arising out of private investments in the public sector.  In many LatAm states, sovereign consent to arbitrate disputes brought by foreign investors under investment treaties has been a key driver of investments in the region.  While Brazil has not followed the same path, the Brazilian domestic legal framework has been substantially enhanced to allow the state to arbitrate disputes arising out of contracts executed with foreign investors.

    The panel will discuss how foreign investors may navigate the differences and similarities between investor-state arbitrations in LatAm and contractual arbitrations involving the Brazilian state in order to better control the arbitral proceeding and the outcome of their disputes.

    • 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.

    Panelists:

    • Noiana Marigo,Global Co-Head of International Arbitration & Co-Head of Latin America Practice, Freshfields Bruckhaus Deringer (USA)
    • Rafael Alves, Partner, MAMG Advogados (Brazil)
    • Julio Rivera, Partner, Marval (Argentina)
    • Maria Ines Sola, Senior Counsel, Pan American Energy

    Moderator:

    11:00AM – 12:30PM
    Substantive Session

    12:30 – 1:30PM
    Catered Lunch

    Program & Venue Host:
    JAMS
    The New York Times Building
    620 Eighth Avenue, 34th Floor
    New York, NY 10018

    New York CLE credit available.

    The Dawn of Cyborg Resolution? Changing Roles for Arbitrator, Administrator and AI in Blockchain, Crypto and Cyberverse Disputes

    As disputes become increasingly complex who will help navigate the onslaught of matters inextricably intertwined with sophisticated tech, data and artificial intelligence? Throughout every industry, cyber risks are on the rise: hacking, malevolent non-state actors, lightning-fast virtual warfare, smart contracts gone awry, and security threats abound. When borders are fluid, perpetrators anonymous and fact patterns hidden in code, how should the international arbitration community proceed? Panelists with experience resolving cyber-related disputes will provide a snapshot of where we are and offer guidance for the path forward. Smart contracts, who knew a contract is smart, while software code in the cyberese arbitrators involved in such disputes, be it international or domestic, may need to change their approach.

    JAMS is certified by the NYS CLE Board as an Accredited Provider. This program has been approved in accordance with the requirements of the CLE Board for a maximum of 1.0 credit hour which can be applied towards the Skills requirement and suitable for both transitional and non-transitional New York attorneys.

    Panelists:

    • Paul H. Cohen, Barrister and Head of International Group, 4-5 Gray’s Inn Square – New York and England & Wales
    • Daniel B. Garrie, Esq., International Mediator, Arbitrator and Referee/Special Master, JAMS – Los Angeles, CA
    • Peter Kamminga, Esq., Ph.D., International Mediator, Arbitrator, Referee/Special Master, Neutral Evaluator, JAMS – New York, NY
    • Joshua Ashley Klayman, U.S. Head of Fintech and Head of Blockchain and Digital Assets, Linklaters LLP – New York

    4:00PM – 5:30PM

    Program Host:
    NYAW Organizing Committee

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

    New York CLE credit available.

    Arbitration Is All About Autonomy—But, Is It?

    Conventional wisdom tells us that the cornerstone of international arbitration is party autonomy. But, how far does this autonomy extend? Are parties absolutely free to agree on anything in the name of autonomy?  Are there reasonable limits posed by other stakeholders outside the parties to a dispute?

    Join leading academics in international arbitration, based in New York, to explore the scope of party autonomy and its limits.

    Panelists:

    Moderator:

    6:00PM – 9:00PM

    Program Host:

    NYAW Organizing Committee

    Venue:

    The Skylark
    200 W. 39th St, 30th Floor
    New York, NY 10018

    New York Skyline Cocktail Reception

    Take in the New York City skyline with members of the New York international arbitration community at an in-person cocktail reception to meet and mingle with old and new friends.

    We have an exclusive buyout of the Skylark, an upscale cocktail lounge perched 30 stories above Times Square. Please note that while the event is free of charge with advance registration, space is limited – don’t miss out!

     

    Wednesday, November 16, 2022

    8:30AM–10:00 AM
    with breakfast

    Program Host:
    SIAC, White & Case LLP

    Venue Host:
    White & Case LLP
    1221 Avenue of the Americas
    New York, NY 10020-1095

    Green Energy Transition – Who Is In Charge Of Disputes?

    The green energy transition toward low-carbon and renewable energy has been described as “the biggest economic transformation since the industrial revolution” (J. Kerry, US climate envoy). The transition has given rise to a host of disputes in many different forums, including commercial arbitration and domestic courts, investment treaty tribunals, and international courts such as the ECHR. What forums should be in charge of energy transition disputes? And is arbitration well suited for such disputes? For instance, the recent Energy Charter Treaty (ECT) modernization allows states to exclude arbitration for fossil fuel investments. Does this mean that investor-state disputes concerning fossil fuels will disappear, or will they simply shift to another forum?

    Moderator:

    • Adriana Uson, Head of the Singapore International Arbitration Centre 

    Panelists:

     

    In-person capacity has been reached for this event. To be added to the waitlist, please email americasevents@whitecase.com.

    9:00AM – 10:00AM
    Light Breakfast

    10:00AM – 11:30AM
    Substantive Session

    Program Host:
    New York City Bar Association

    Venue Host:
    Skadden, Arps, Slate, Meagher & Flom LLP
    One Manhattan West
    New York, NY 10001-8602

    New York CLE credit pending.

    The Impact of the U.S. Supreme Court on Arbitration in the United States

    In the last few years the US Supreme Court has regularly addressed certain issues of federal arbitration law but not others.  Why does the Supreme Court grant review in some arbitration cases but not in others?  Why does the Court leave certain arbitration issues unresolved even if doing so may make the U.S. a less attractive venue for arbitration?  Is there anything that practitioners can do to make federal arbitration law more competitive in the global market?  

    A panel of leading Supreme Court practitioners, who have collectively argued more than 120 times before the Court, and served as counsel of record in scores of additional cases, will discuss these and other questions.

    Panelists:

    Moderator:

    11:30am-12:30pm
    Catered Lunch

    12:30PM–2:00PM
    Substantive Session

    Program Hosts:
    NYIAC & CIArb-NY

    Venue Host:
    Skadden, Arps, Slate, Meagher & Flom LLP
    One Manhattan West
    New York, NY 10001-8602

    New York CLE credit available.

    Choosing Wisely: The Challenge of Interim Measures in International Arbitration

    This session is a collaboration of the New York Arbitration Week 2022 Co-Hosts, the Chartered Institute of Arbitrators New York Branch (CIArbNY) and the New York International Arbitration Center (NYIAC).

    Courts and arbitral tribunals generally have concurrent jurisdiction to consider applications for interim measures in aid of arbitration. Parties and their counsel have to make important strategic choices about where to seek interim relief.  This program will present two mock hearings in connection with applications for interim measures in a pending international arbitration seated in New York.  One team of advocates will seek a temporary restraining order and preliminary injunction before a United States district court judge, while the other will seek similar relief before an emergency arbitrator. A discussion will follow examining the consequences of the choices made and the issues that should be considered by parties and their counsel before making these decisions.

     Panelists:

    Moderators:

    • Martin B. Jackson, Partner, Sidley Austin LLP
    • Lea Haber Kuck, Independent Arbitrator + Retired Partner, Skadden, Arps, Slate, Meagher & Flom LLP, MCIArb

     

    4:00PM–5:30PM

    Program Host:
    NYAW Organizing Committee

    Venue Host:
    AAA-ICDR
    150 E. 42nd St., Floor 17
    New York, NY 10017

    New York Ethics CLE credit pending.

    Who’s in charge? from different perspectives in the hearing room

    A roundtable discussion among arbitration practitioners who serve as both counsel and arbitrators.

    Panelists:

    Moderator:

     

    5:30PM – 7:30PM

    Program Hosts:
    ICDR Y&I, ICC YAAF, and Young ICSID

    Venue Host:
    AAA-ICDR
    150 E. 42nd St., Floor 17
    New York, NY 10017

    Building Your Arbitration Brand: A Roundtable Discussion for Young Practitioners

    Join Young ICSID, ICC YAAF, and ICDR Y&I to discuss how to build your brand at different points in your career.  The panelists will share their experiences in building their brands through innovative initiatives and traditional approaches.  A networking reception will follow.

    Panelists:

    Moderator:

    8:00-10:00pm

    Program Hosts:
    NYAW Organizing Committee

    Venues:
    Various, to be confirmed individually with registered delegates

    NYAW “Dine-Arounds”

    Experience New York’s iconic food scene while connecting with a smaller group of colleagues at restaurants favorited by the Organizing Committee.

    Diners will receive an email after purchase detailing venue and menu, leaving your dinner guests a surprise on arrival. Anticipate a buzzy, hitlist spot that encourages convivial conversation and sumptuous eats.

    Seats are limited. To secure your place, purchase a ticket ($150) by 12pm ET November 4, 2022.

    NB: Some dietary restrictions may be accommodated based on the venue. Please note in the comments section at checkout.

     

    Thursday, November 17, 2022

    9:00AM – 10:30 AM

    Hosted by NYAW

    Foley Hoag LLP
    25th floor
    1301 6th Ave
    New York, NY 10019

    New York and Califonia CLE credit available

    Dispelling Myths about “Jeopardy” and Showcasing the Advantages of Arbitrating in NY 

    New York holds many unique advantages for parties arbitrating or enforcing awards.  Those features, however, are not always well understood by parties and practitioners either inside or outside of NY.  Our “contestants” will test their knowledge of key topics in NY and US arbitration law, such as discovery, forum non-conveniens, non-signatories, and more!

    Game Show Host:  Chris Campbell
    (Baker Hughes, Florence & Tales of the Tribunal)

    Special subject-matter expertise by Bocconi Professor and Restatement Reporter Catherine Rogers

    Contestants:

    Join us to cheer on your favorite contestants and test your own knowledge by voting (both in-person and in the live-streaming version) as we play our way to demystifying the advantages and unique features of arbitrating in New York.

    11:00AM – 12:30PM
    Substantive Session

    12:30PM – 1:30PM
    Lunch

    Program Hosts:
    TBC

    Venue Host:
    Analysis Group
    151 West 42nd Street
    23rd Floor
    New York, NY 1003

    Please note Building Access Requirements are available here.

    New York DEI CLE credit available.

    Diversity, Equity, and Inclusion (DEI) Redux: The Myth of One Career Path?

    New York Arbitration Week 2022 is proud to host a Diversity, Equity, and Inclusion (DEI) Session.  4 thought leaders will each present a keynote addressing topics of diversity that resonate with him/her/them (including but not limited to, e.g., unconscious bias, gender, LGBTQIA+, geography, race, intersectional diversity, age, socioeconomics, etc.).  The goal is to share a candid journey through dialogue that addresses different hues of adversity, access, and change, in the purview of each speaker and delegate. Breakout sessions will follow the keynotes to build on topics presented. Delegates are invited to join for lunch following the session to continue networking.

    1.5 NY Diversity, Inclusion and Elimination of Bias CLE credits pending.

    This session is supported by various diversity organizations making change possible in our community, including:

    ArbitralWomen (AW)

    Equal Representation in Arbitration (ERA) Pledge USA Subcommittee

    Equal Representation for Expert Witnesses (ERE) Pledge

    Racial Equality for Arbitration Lawyers (REAL)

    The New York Arbitration Week 2022 Organizing Committee thanks our venue host for their support and share Diversity, Equity and Inclusion at Analysis Group.

    Keynote Speakers:

    Moderators:

     

    2:00PM – 3:30 PM

    Program Host:
    SVAMC

    Venue Host:
    Eversheds Sutherland LLP
    1114 6th Ave
    New York, NY 10036Location

    New York CLE credit available.

    SVAMC Panelists Debate: Proposed Procedures for Changing the Allocation of Power between Parties and Tribunals in High Tech Arbitrations

    Topics:

    • Resolved, that high-tech disputes can best be resolved on the Written Memorials and Documents with the Tribunal then deciding, in conjunction with the parties, which witnesses the Tribunal wishes to hear.
    • Resolved, that the Proposed UNCITRAL Draft Rules for Tech Cases should be adopted as they provide a better way to hear tech arbitrations.

    Debaters:

    Moderator:

     

    3:45PM – 4:45 PM

    Program Host:
    ASIL

    Venue Host:
    Eversheds Sutherland LLP
    1114 6th Ave
    New York, NY 10036Location

    New York CLE credit available.
    CLE Materials

    Arbitrating Disputes with International Organizations:
    Cur(io) or Embrogl(io)?

    This panel will explore the potential for arbitration as a means to settle disputes involving International Organizations (“IOs”).  IOs enjoy privileges and immunities and do not generally submit to the jurisdiction of national courts for the resolution of disputes.  Yet, the practice that has emerged amongst several IOs of resorting to arbitration for the resolution of commercial disputes provides useful precedent for other types of disputes involving IOs where virtually none exists.

    The speakers will explore issues related to the arbitration of commercial disputes involving IOs including, inter alia, their justification, who is responsible for managing them, the rules governing their establishment and conduct, the law applied, their confidential nature, and whether they might serve as a model for resolving other types of disputes involving IOs.

    Panelists

    • Alexandra Von Willisen, Senior Legal Officer, United Nations Office of Legal Affairs
    • Ashwita Ambast, Legal Counsel, Permanent Court of Arbitration
    • Kirsten Schmalenbach, Advisor to the Office of President of Ukraine

    Moderator

     

    5:00PM – 9:00 PM

    Program Hosts:
    Columbia Law School, King’s College London, and Three Crowns LLP

    Venue:
    Harmonie Club
    4 E 60th St
    New York, NY 10022

    The David D. Caron Praelium: A Celebration of Advocacy

    In this year’s event, leading international advocates Doak Bishop and Angeline Welsh will deploy their advocacy skills before a three-member tribunal comprising Chiann Bao, The Honorable Charles N. Brower and Professor George A. Bermann.

    Guests should plan to arrive by 5:00pm, as the event will begin promptly at 5:30pm.  A canapés and drinks reception will follow the advocacy segment.

    Questions about this session?  Email Sophie.Emberson@threecrownsllp.com

    The in-person event has now reached capacity but there are still spaces available for the virtual event, hosted via Zoom

    Friday, November 18, 2022

    9:30 AM-3:00 PM

    Program & Venue Host:
    Fordham Law School

    Skadden Conference Center, Second Floor
    150 West 62nd Street
    New York, NY 10023

    New York CLE credit available.

    17th Fordham Law School Annual Conference on International Arbitration & Mediation (CIAM)

    Program Agenda
    9:30 – 9:35 a.m. | Welcome Remarks

    • Edna R. Sussman, Independent Arbitrator; Distinguished Practitioner in Residence, Fordham Law School
    • Louis B. Kimmelman, Independent Arbitrator | New York; Professor of Practice, Brooklyn Law School

    9:35 – 11:05 a.m. | Panel 1: A Challenge to Our Generation: Ukraine and Accountability Under International Law
    (1.5 Professional Practice CLE)
    This panel includes the arbitration experts appointed by Ukraine to assist in building a dispute resolution mechanism that will provide compensation to victims of the illegal Russian aggression. Details of the International Claims and Reparations Project of Columbia Law School are available here.

    Speakers

    Moderator


    11:05 – 11:20 a.m. | Break


    11:20 a.m. – 12:10 p.m. | Keynote Address
    Arbitrator Immunity and the Limits of International Harmonization


    12:10 – 1:30 p.m. | Lunch


    1:30 – 3 p.m. | Panel 2: Best and Latest Case Management Techniques: a Conversation Among our Panelists and Conference Participants
    (1.5 Professional Practice CLE)
    With the evolution of the role of the arbitrator from strictly a decision-maker to a dispute resolver new and different approaches to case management must be considered. This panel will discuss innovative techniques and case management tools with input from conference attendees.

    Speakers

    Moderator

    • Edna Sussman, Independent Arbitrator; Distinguished Practitioner in Residence, Fordham Law School

    3 – 4:30 p.m. | Closing and Reception

     

    Hosted by
    Fordham Law School & NYAW Organizing Committee

    Fordham Law School

    NYAW Closing Reception