New York Arbitration Week

November 15-19, 2021

Panel One: Changing Roles or Changing Robes: Perceptions and Realities of Judicial Experience in International Arbitration

Panel Two: Rethinking Non-Adjudicative Dispute Resolution Processes in International Arbitration – Where are We and Where Do We Go from Here?

Program Host: JAMS
When: Thursday, November 18, 2021
11:00
a.m. – 1:00 p.m.
Panel One:

Changing Roles or Changing Robes: Perceptions and Realities of Judicial Experience in International Arbitration

The panel will speak from their own experience as a former-judge arbitrator, sitting judge or practitioner regarding the role of judicial experience in international arbitration. The panel will review and discuss some of the concerns that advocates and institutions have raised, identifying the perceptions of a former-judge arbitrator and how this translates into practice. The panel will also examine whether the underlying concerns relate to arbitrator background, practice and jurisdictional experience with civil vs. common law processes, the role of witnesses and discovery, and how active an arbitrator will or will not perform during the hearing. The goal of the panel is not to come to a conclusion, instead it is to recognize assumptions and challenge perceptions.

A request for CLE credit is pending for NY.  To receive credit, please record the codes that will be displayed on the screen during the program and submit the CLE form (linked below) and evaluation. You must provide your state bar/ARDC number in order to receive credit.

Moderator

Hon. Ariel E. Belen (Ret.); Independent Arbitrator & Mediator, JAMS; New York, NY, USA

Speakers

Justice Indu Malhotra (Ret.); Former Judge, Supreme Court of India, International Arbitrator

Rt. Hon. Lord Neuberger of Abbotsbury; International Arbitrator, One Essex Chambers; London, UK

Justice Saliann Scarpulla; Justice, Appellate Division – New York Supreme Court; New York, NY, USA

Abby Cohen Smutny; Partner and Global Head of International Arbitration Practice, White & Case LLP; Washington, D.C., USA

Panel Two:

Rethinking Non-Adjudicative Dispute Resolution Processes in International Arbitration – Where are We and Where Do We Go from Here?

Arbitrators and arbitral institutions are increasingly taking a systematic look at when and how to use mediation and other non-adjudicative dispute resolution techniques to assist in the settlement of international arbitrations before a hearing. The tides of international arbitration are indeed changing — there is much debate regarding how mediation, arbitrator settlement facilitation and other collaborative processes can best complement the arbitral process. This Panel will discuss some of the on-going efforts and the many issues – such as the appropriate role of the arbitrator – raised by pre-arbitration, concurrent and integrated processes, including the Mixed Mode Task Force and the ICC’s Task Force on ADR and Arbitration. Leaders in these efforts will bring us up to date and inside counsel users will share their perspectives.

A request for CLE credit is pending for NY and CA.  To receive credit, please record the codes that will be displayed on the screen during the program and submit the CLE form (linked below) and evaluation. You must provide your state bar/ARDC number in order to receive credit.

Moderator

Conna A. Weiner, FCIArb; Independent Arbitrator and Mediator, JAMS; New York, NY, USA

Speakers

Chiann Bao; Independent Arbitrator, Arbitration Chambers; Hong Kong

Javier Oroz Coppel; Chief Risk Officer and General Secretary, AXA Mexico; Mexico City, Mexico

Fiona Meany; Global Director of Litigation, Jones Lang LaSalle Incorporated; London, UK

Edna R. Sussman; Independent Arbitrator and Mediator, Sussman ADR