New York Arbitration Week

November 13-17, 2023

Cyberattacks, Consolidation, and Mistaken Payments:  A Conversation about the 2023 Vis Moot Problem

Please join us for a conversation among international arbitration practitioners, arbitrators, scholars, and a cybersecurity expert 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 on the risks and realities of cyberattacks in international business and challenges that arise in bringing new claims after an arbitration has begun.  The event will be of interest to anyone involved with international business in a digital age, in addition to students and coaches participating in this year’s Vis.

 Speakers:

• Anthony J. Ferrante, Senior Managing Director & Global Head of Cybersecurity, FTI Consulting
• Franco Ferrari, Clarence D. Ashley Professor of Law & Director, Center for Transnational Litigation, Arbitration and Commercial Law, New York University School of Law
• Louis B. Kimmelman, Independent Arbitrator, Kimmelman Arbitration; Professor of Practice, Brooklyn Law School

Moderator:

• Natalie L. Reid, Partner & Co-Chair of Public International Law Group, Debevoise & Plimpton (Moderator)

Click to Watch Video

Young Practitioners Panel Event and Networking Reception
Tales from the Hearing Room:  “What Would You Do?” 

Join CIArb’s Young Members Group, AAA-ICDR Young & International, CPR Young Leaders in ADR, and Young Canadian Arbitration Practitioners for an interactive evening discussion of memorable moments from young practitioners’ first hearings.  Panelists will share stories from practice about unique and unpredictable moments from the hearing room and then survey the audience to ask the simple question – “What would you do?” – before sharing how the story really ended. 

A networking reception will follow the event.

Speakers: 

• Travis Gonyou, Associate, Binder & Schwartz
• Ryan Lax, Senior Associate, Torys
• Ricardo Cruzat Reyes, Legal Consultant, White & Case
• Lidia Rezende, Associate, Chaffetz Lindsey

Moderator:

• Maria Teder, Counsel, Ellex Legal

SVAMC Arbitration Debates

Debate 1:  “AI will be beneficial to the practice of arbitration, with appropriate guardrails.”

Debate 2:  “Arbitrators should permit witnesses to appear remotely via Zoom.”

Speakers:

• Dorothee Schramm, Independent Arbitrator
• William A. Tanenbaum, Partner, Moses Singer LLP
• Daniel Schimmel, Partner, Foley Hoag LLP
• George L. Graff, Independent Arbitrator
• Sherman Kahn, Attorney, Mauriel Kapouytian Woods LLP

Artificial Intelligence and International Arbitration- What’s Next?

This panel will explore how AI is already playing a role in international arbitration—and how international arbitration might shape the development of AI. The panel will also examine potential future applications of AI—and potential risks.  Key questions will include: How can AI make arbitration more efficient while preserving due process and reasoned decision-making? Are current laws and arbitration rules equipped to allow the use of AI? How will arbitration shape the evolution of AI and AI’s use in legal practice? This panel will bring together experts to share insights on optimizing human-AI interaction in international arbitration and adapting legal frameworks for an AI-powered future. 

Speakers:

• John Fellas, Arbitrator, Fellas Arbitration
• Santiago Dellepiane, Managing Director, Berkeley Research Group
• Shaun Sethna, General Counsel, techGC
• Andreas Baum, Director, Tenor Capital Management

 Moderator:

• Vivek Tata, Associate, Selendy Gay Elsberg

 To register, please e-mail Carly Deo at:  cdeo@selendygay.com

New York City Bar: NY Thinking on International Arbitration

Join the NYAW Organizing Committee and International Commercial Disputes Committee of the NYC Bar for two-panel discussions on privilege issues in international arbitration and on arbitrating cryptocurrency disputes.

Panel 1:  Procedures for Asserting and Evaluating Privilege Claims in International Arbitration

Are American-style privilege logs appropriate for international arbitration?  Are there less burdensome ways to ensure that privilege claims are fairly and efficiently asserted and evaluated?  And when should tribunals conduct an in-camera review of documents withheld on claims of privilege?  Is in-camera review appropriate at all, given that the tribunal acts as a finder of fact?

This panel will explore these and related questions using interactive hypotheticals and based on a report issued in October 2023 by the New York City Bar Association’s International Commercial Disputes Committee. 

Panelists:

• Ulyana Bardyn, Counsel, Eversheds Sutherland (US) LLP
• Joseph E. Neuhaus, Of Counsel, Sullivan & Cromwell LLP
• Kim J. Landsman, Independent Arbitrator

Introductions:

• Gretta Walters, Partner, Chaffetz Lindsey LLP

Panel 2:  Arbitration of Fintech Disputes

The inherent flexibility of arbitration and its emphasis on party autonomy makes it a particularly well-suited mechanism for the resolution of disputes in the crypto sector. Unsurprisingly, there is a wide array of crypto related disputes that are currently being arbitrated including, by way of example, breach of contract claims for failure to pay in crypto; claims related to the conversion of crypto assets; and claims by investors against platform for lack of access to trading platforms or misrepresentation of the represented risk of investments. National courts have also begun to grapple with crypto related arbitration awards.  

This panel of experts will discuss the some of the novel challenges that have arisen in connection with crypto asset disputes, including the process for obtaining interim measures, the challenges of valuing such assets; and the enforcement of awards stemming from crypto disputes.

Panelists:

• Joshua Ashley Klayman, Senior Counsel, Linklaters LLP
• Jason Gottlieb, Partner, Morrison Cohen LLP
• Jane Khodarkovsky, Partner, Arktouros pllc
• Rafael Carlos del Rosal Carmona, Director, International Centre for Dispute Resolution (ICDR)

Moderator:

• Michael Fernández, Partner, Rivero Mestre LLP

White & Case LLP is an accredited provider of New York State continuing legal education.  This activity has been approved for 2 hours of CLE in Skills. The content is appropriate for lawyers of all experience levels.

Registration is subject to receipt of confirmation.

Digital Dilemmas: Adapting Arbitration to Technological Evolution – A NY Perspective

Emerging technologies have transformed the business and legal landscape, ushering in a new era of opportunities and challenges. As technology companies continue to push the boundaries of innovation, they also find themselves at the forefront of complex legal disputes. In this rapidly evolving environment, it is crucial for companies, legal and ADR practitioners to stay ahead of the curve to navigate a rapidly changing ecosystem of regulations, disputes, and technologies. Covering the range from technology services agreements to artificial intelligence, the speakers will shed light on the next generation of business opportunities and related dispute resolution. They will introduce emerging technologies, provide different perspectives on related challenges, and share practical strategies for effective dispute resolution.

Among the topics that will be covered are:

• How technological developments are giving rise to new substantive disputes and creating new challenges for cross-border disputes.
• How to balance transparency and confidentiality in technology arbitrations.
• How to comply with an increasingly complex global regulatory framework.
• How best to introduce procedural efficiency and avoid enforcement challenges for arbitration in the technology services sector.

Opening and Closing Remarks:

• Robert B. Davidson, FCIArb, Executive Director of JAMS Arbitration Practice, Arbitrator & Mediator, JAMS – New York

Moderator:

• Kiran Nasir Gore, Independent Arbitrator & Counsel / Lecturer, GW Law – Washington DC

 Speakers:

• Ryan Abbott, MD, FCIarb, Arbitrator & Mediator, JAMS – New York
• Paul R. Gupta, Partner, Rimon – New York
• Rachel Thorn, Partner, Cooley – New York
• Hon. Shira Scheindlin, Of Counsel, Boies Schiller Flexner – New York

Cross Cultural Conversations: Navigating the “International” in Arbitration Advocacy

Panelists will share insights on the extent to which differing cultural backgrounds of parties, counsel and arbitrators in an international arbitration influences their arbitration advocacy style.

Speakers

• Lauren Friedman, Partner, King & Spalding
• Andreas Frischknecht, Partner, Chaffetz Lindsey
• Young-Hee Kim, Senior Managing Associate, Sidley Austin
• Rumbidzai Maweni, Associate, Foley Hoag
• Rebecca E. Mosquera, Associate, Reed Smith

• Joanne Saint Louis, Director of Diversity Outreach, JAMS

Moderator

• Lindsay Gastrell, Independent Arbitrator, Arbitration Chambers

Agenda

6:00pm: Welcome & Opening Remarks

6:15pm: Substantive Session

7:15pm: Audience Q&A

7:30pm: Networking Reception

8:30pm Close of Session

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 the 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 ($180) by November 10, 2023.

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

Leveraging Financial & Technical Experts: Views from Counsel, Arbitrator and External Financier

We are pleased to invite you to a breakfast session organized by Herbert Smith Freehills and HKA Global, Inc. as part of New York Arbitration Week.  The meeting will include light breakfast followed by a roundtable discussion entitled “Leveraging Financial & Technical Experts: Views of Counsel, Arbitrator and External Financier”.

Counsel, Arbitrator, External Financier, and Experts will present their perspectives on the best practices for leveraging experts before and during arbitration proceedings. During the discussion, you will learn the advantages and ways to use experts throughout the process to help your clients.

For questions regarding this event, please contact:  events.newyork@hsf.com

Panelists:

• Laura Smith, Partner, HKA Global Inc.
• Rahul Ratakonda, Director, HKA Global Inc.
• Daniela Paez, Senior Associate, Herbert Smith Freehills LLP
• Louis Thivierge, Associate, Herbert Smith Freehills LLP
• Ruth Teitelbaum, Arbitrator, Ruth Teitelbaum PLLC

CLE Information:

1.0 Areas of Professional Practice Credit anticipated.

21st Century Space Disputes:  What Makes Them Unique?  What Challenges Await?

Speakers:

• Ben Love, Partner Boies Schiller Flexner LLP)
• Kabir Duggal, Special Advisor, Arnold & Portner LLP, Columbia University
• Professor Michelle Hanlon, University of Mississippi School of Law

Moderator:

• Jan Frohloff, Space Arbitration Association

From Commitment to Action: Corporate ESG Strategies & The Future of Green Arbitration

An increasing number of companies commit to ESG principles to improve the sustainability of their operations, bolster their long-term financial performance and gain a competitive edge.  At this event organized by the Campaign for Greener Arbitrations North America Committee, an interactive panel of corporate counsel and practitioners will discuss the business implications of these ESG principles, the disclosure requirements they comply with, and how the principles of the Campaign for Greener Arbitrations can be integrated in their sustainability programs, while also improving efficiency and cost-effectiveness in their arbitrations.

 Welcome remarks:

• Christine Falcicchio– Founder, Sopra Legal & Global Steering Committee Vice President, Campaign for Greener Arbitrations
• Olivier André – Campaign for Greener Arbitrations North America Committee Chair & Client Relationship Advisor, Freshfields
• Francisco A. Rodriguez– Partner, Reed Smith

Moderators:

• Ana R. Ulseth, Associate, Global Commercial Disputes Group, ReedSmith
• Natalia Zibibbo, International Arbitration Counsel, Freshfields & Member of the CGA Latin America Committee

Speakers:

• Elizabeth K. Bieber, Partner, ESG and Sustainability, Freshfields
• William Crosby,SVP, Associate GC, Managing Attorney and LATAM Regional Coordinator, Interpublic Group (IPG)
• Sandra J. Millor– Partner, Reed Smith
• Michael Mcilwrath– Founder of MDisputes & Chair of the CGA Corporate Task Force
• Effie D. Silva, SVP, General Counsel and Corporate Secretary for Fresh Del Monte
• Eve Perez Torres, Senior Corporate Attorney, International Legal & Regulatory Affairs, FedEx Logistics, Inc.

The program will be held in-person simultaneously at Freshfields in New York and Reed Smith in Miami and will be followed by networking receptions at both locations.

To register to attend the event at Freshfields in New York, click here:

To register to attend the event at ReedSmith in Miami, click here:

For more information about the Campaign for Greener Arbitrations, click here.

CLE credit for this program is approved in accordance with the requirements of the New York State CLE Board for a maximum of 1.0 professional practice credits

US-German Post-M&A Disputes – Cross-Atlantic Perspectives

Arbitration is a popular choice for dispute resolution in US-German cross-border corporate transactions. In Germany, it has become the common method of resolving post-M&A disputes. Typical scenarios include disputes about contractual representations and warranties, purchase price adjustments, MAC clauses, earn-outs, escrowed funds, and statutory tort claims. Often legal and accounting questions are intertwined.

In a US-German cross-border M&A deal, some common questions arise: Should I select arbitration? If so, what choices should I make in the arbitration clause? Is splitting the seat from the applicable substantive law a good compromise? What are the typical procedural challenges in such matters and how can they be addressed in contract drafting? What, if any, solutions to those challenges are offered by arbitral practice? Is there a difference between New York and German law when interpreting M&A contracts?

With our panel of experienced New York and German arbitration and M&A lawyers, we discuss some of these questions and learn about recent experiences. Join us for 2.5 hours at King & Spalding on 14 November 2023 at 5.00 pm.

Ramona Schardt, Secretary-General, German Arbitration Institute (DIS), Berlin/Bonn, will offer a short introduction.  Rekha Rangachari, Esq., Executive Director of the New York International Arbitration Center, New York, will provide “A Bird’s Eye View from the US” on Germany-related post-M&A Arbitration Proceedings in New York.

Panelists:

• Dustin F. Guzior, Partner, Sullivan & Cromwell, New York
• Edna Sussman, Independent Arbitrator, Sussman ADR, New York
• Matthew J. Weldon, Partner, K&L Gates, New York
• Johanna Wirth, Partner, HengelerMueller, Berlin

Moderator:

• Jan K. Schäfer, Partner, King & Spalding, Frankfurt

By registering you accept the DIS General Terms and Conditions for Conferences and Workshops

Pharma & Life Science Disputes in New York and Beyond

This program will address the arbitration of disputes relating to life sciences, taking care to define the term and the types of typical disputes encountered in the field.  From the perspectives of in-house counsel, hearing counsel, experts and arbitrators, the panelists, who are all experienced life sciences practitioners and neutrals, will discuss the use of technical experts, as well as the choice of New York substantive and procedural law, including its impact on emergency arbitrations and interim relief and the issue of commercially reasonable expectations, as well as special issues relating to damages in the context of research, development and commercialization activities in this sector.

 Panelists:

• Conna Weiner, arbitrator and mediator on the CPR Panel of Distinguished Neutrals and JAMS, and former general counsel in pharmaceutical industry
• Angela Foster, arbitrator and mediator on the CPR Panel of Distinguished Neutrals
• Hagit Elul, Partner, International Arbitration & Global Disputes at Orrick, Herrington & Sutcliffe LLP
• Eric C. Sun, Assistant Professor in the Department of Anesthesiology, Pain and Perioperative Medicine, Stanford University

Moderator:

• Oliver Armas, Partner and Global Head of the International Arbitration practice group, Hogan Lovells LLP

White & Case LLP is an accredited provider of New York State continuing legal education.  This activity has been approved for 1.5 hours of CLE in Areas of Professional Practice. The content is appropriate for lawyers of all experience levels.  

Registration is subject to receipt of confirmation. 

Obtaining Evidence from Non-parties to an International Arbitration in a Post Section 1782 World  

For several years international arbitration practitioners looked to Section 1782 of the U.S. Code to obtain evidence in aid of foreign-seated commercial arbitrations from non-parties. The Supreme Court closed that door in 2022. But what about Section 7 of the Federal Arbitration Act? This vehicle to obtain evidence applies to all international arbitrations seated in the U.S. Might it also have a role in foreign-seated arbitrations?

Using two mock applications to take evidence under Section 7 of the Federal Arbitration Act, our program will explore the possibilities that Section 7 provides to parties to obtain evidence from non-parties in U.S. seated and foreign-seated arbitrations. We will explore the issues as they might be presented to arbitral tribunals and also to a judge who may be asked to enforce an arbitral subpoena issued under Section 7. A discussion will follow examining the opportunities and challenges when seeking non-party evidence in the United States.

This session is a collaboration of the New York Arbitration Week 2023 Co-Hosts, the Chartered Institute of Arbitrators New York Branch (CiarbNY) and the New York International Arbitration Center (NYIAC).

Speakers:

• Martin Gusy, Partner, Bracewell LLP, New York
• Jessica Beess und Chrostin, Partner, King & Spalding, New York.
• Dana MacGrath FCIArb, MacGrath Arbitration, New York
• Klaus Reichert SC, Brick Court Chambers, London
• Yasmine Lahlou, Partner, Chaffetz Lindsey, New York
• Faith Hochberg FCIArb, Hochberg ADR LLC, New York and Connecticut
• Thomas W. Walsh, FCIArb, Partner, Freshfields, New York
• Thomas G. Allen, Partner, Kilpatrick Townsend, Washington D.C.

Co-Moderators:

• Kiera Gans, Partner, DLA, New York
• Sven Volkmer FCIArb, Partner, White & Case, New York

White & Case LLP is an accredited provider of New York State continuing legal education.  This activity has been approved for 2 hours of CLE in Areas of Professional Practice. The content is appropriate for lawyers of all experience levels.

Registration is subject to receipt of confirmation.

Strolling in Central Park for a Greener Future – Join the Campaign for Greener Arbitrations & Sopra Legal at NYAW

Join the Campaign for Greener Arbitrations & Sopra Legal for a picturesque stroll through Central Park prior to NYAW’s “Welcome to NY” Reception. Take in 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.

We will end our walk at the New York Historical Society, just in time for those attending NYAW’s opening cocktail reception!

During this walk, we will announce the winner of CGA’s NYAW Sustainability Contest, which will take place during New York Arbitration Week. The contest will reward sustainable actions taken during NYAW (and beyond). The aim is to encourage sustainable behavior amongst NYAW attendees and encourage those who are making efforts to reduce their environmental impact. Details of the Sustainability Contest to be announced shortly.

Queries: hello@sopralegal.com

Persons with a health condition or impairment who require special assistance to attend the event are invited to let us know how we can assist.

NYAW: “Welcome to NY” Reception

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.

My First Arbitral Appointment: Breaking Barriers to Diversity and Inclusion in International Arbitration

Join Racial Equality for Arbitration Lawyers (REAL), the Rising Arbitrators Initiative (RAI), and NYLON Arbitration at Linklaters LLP for a lively breakfast discussion on diversity, equity, and inclusion in international arbitration. Our distinguished panel of arbitrators will provide personal narratives of how they got their first arbitral appointments, challenges they faced along the way, and advice for the next generation of arbitrators. 

Breakfast and networking for attendees will begin at 8:30am and the panel will begin at 9am. New York D&I CLE will be provided.

Speakers:

• Carlos Martinez-Betanzos, Partner, Fonseca, Rodríguez, Perchemlian & Martínez Abogados
• Frederico Singarajah, Barrister, Gatehouse Chambers
• Amanda Lee, Consultant, Costigan King
• Ema Vidak Friedman, Independent Arbitrator, Vidak Arbitration

Moderator:

• Charlene Valdez Warner, Associate, Linklaters LLP

In Good Faith – Competing Concepts of Good Faith in Post-M&A Disputes

Join us for a lively discussion of how concepts of good faith in civil and common law jurisdictions diverge, converge, and collide in international arbitration.

Speakers:

• Valentine Chessa, MGC Arbitration, Paris
• Alexander Gudko, Covington & Burling, New York
• Shaimaa Hussein, Willkie Farr & Gallaher, New York
• Barbara Maucher, Noerr, Düsseldorf

Program Hosts and Co-Moderators:

• E. Rainbow Willard, Willard Arbitration
• Thomas Odell, The Law Office of Thomas Odell

Additional information can be found here:

CLE Information:  1.75 CA General [Participatory]; 2.00 NY Professional Practice [Transitional/Non-Transitional]; 2.0 VA General [Pending VA MCLE Application].

The Current State of Affairs in US-Brazil Disputes

Arbitration is the most popular choice for the resolution of a wide array of disputes involving Brazilian and US parties. In Brazil, arbitration has become the preferred method of dispute resolution for M&A, construction, energy, and even public administration disputes. Since the issuance of the 1996 Brazilian Arbitration Law, through the Supreme Court decisions regarding its constitutionality in the early 2000’s, and through the substantial revisions of 2015, arbitration has become a comfortable reality in Brazil-US relationships and that reality is not likely to change anytime soon. However, the fact that arbitration has established itself as the premier dispute resolution method in Brazil is not to say that Brazil does not offer substantial difficulties for international dispute resolution.

In any US-Brazil dispute, several questions will inevitably arise:

• What are the most meaningful differences between selecting Brazil or New York as the seat of arbitration?
• Is it sensible to apply foreign law to a dispute seated in Brazil? How about applying Brazilian law to dispute seated in New York? How big is the gap between New York and Brazilian law when interpreting sophisticated contracts?
• How much interference can I expect from Brazilian courts?
• What is the trade-off between years to recognize a foreign award before the STJ versus the years to undergo an annulment action through trial courts, courts of appeals, and superior courts?
• What solutions to these challenges can arbitration practice offer?

With our panel of experienced New York and Brazilian arbitration specialists, we discuss some of these questions and learn about recent experiences.

Speakers:

• Frederico Singarajah, Barrister, Gatehouse Chambers
• Julie Bedard, Partner, Skadden, Arps, Slate, Meagher & Flom LLP
• Luli Hemmingsen, Partner, King & Spalding LLP
• Paulo Macedo Garcia, Partner, Cescon Barrieu Flesch & Barreto Advogados
• Rafael Gagliardi, Partner, Xavier Gagliardi Inglez Verona Schaffer

Moderator:

• Marcio Vasconcellos, Associate, King & Spalding

Effectively managing M&A risks and disputes: Key issues and top tips

Aptly hosted in New York—both a global center for merger and acquisition (M&A) work and dispute resolution—this interactive roundtable discussion will provide insight for transactional attorneys and dispute resolution practitioners on how to best draft and structure M&A transactions to minimize the risk of disputes and effectively resolve them once they have arisen.

Panelists will identify the most common disputes that arise from M&A transactions.  They will then dive into best practices with respect to drafting dispute resolution clauses and other provisions for M&A transactions, and discuss why arbitration and other ADR mechanisms may be well-suited to prevent and resolve post-M&A disputes.  Time will also be spent on identifying noteworthy trends and practical tips based on the International Chamber of Commerce (ICC) International Court of Arbitration’s extensive experience administering M&A disputes worldwide throughout the ICC Court’s 100-year history.

As New York law is frequently chosen to govern M&A transactions and disputes, panelists will also discuss how the selection of different substantive laws, including New York law, may affect the outcome of an M&A dispute and why careful consideration should be given to this point.

The roundtable will be preceded by a fireside chat between Jon Olefson (General Counsel and Corporate Secretary of Syneos Health) and Charlene Sun (Partner, DLA Piper, New York) to set the stage for the panel’s discussion.  Their conversation will touch upon the type of disputes that arise out of M&A deals, war stories, lessons learned and what in-house counsel looks for in outside counsel to manage post-M&A disputes.

9:00AM to 10:00AM – Networking breakfast

10:00AM – Welcome remarks

• Marek Krasula, Director, Arbitration and ADR, North America, ICC International Court of Arbitration

10:05 a.m. to 10:35 a.m. – Post-M&A Disputes: lessons learned & what clients look for in their outside counsel

• A fireside chat between Jon Olefson, General Counsel and Corporate Secretary of Syneos Health, and Charlene Sun, Partner, DLA Piper, New York.

10:35AM to 10:45AM – Coffee break

10:45AM to 12:00PM – Post-M&A Disputes: a view from the trenches

Speakers:

• Stephen Davidson, Managing Director, M&A and Transaction Solutions, AON Risk Solutions, New York, NY
• Frances Bivens, Partner & Global Head of International Arbitration, Davis Polk & Wardwell LLP, New York, NY
• Paul Di Pietro, Counsel, ICC International Court of Arbitration, New York, NY
• Melissa Sawyer, Partner and Global Head of Mergers & Acquisitions Group, Sullivan & Cromwell LLP, New York, NY

Moderator:

• Julie Bédard, Partner & Head of International Litigation and Arbitration Group for the Americas, Skadden, Arps, Slate, Meagher & Flom LLP and Affiliates, New York, NY (Moderator)

Public Construction Contracts and Construction Arbitration

This session will introduce attendees to the field of public construction contracts and will address issues such as: (i) how public construction contracts differ from private construction agreements depending on the jurisdiction including those seated in New York; (ii) the role arbitration places in connection with public construction agreements; and (iii) how the involvement of government entities affects the resolution of international construction disputes. This panel will also discuss options available for international infrastructure projects with a special focus on dispute boards and a discussion on the AAA-ICDR’s new Dispute Avoidance and Resolution Board Procedures and “Best Practices” for the DARB Process. The session will conclude with a presentation by Jus Mundi featuring their International Construction Arbitration report.

Speakers:

• Luis M. Martinez, AAA-ICDR/AAA
• Michael A. Marra, AAA-ICDR
• Anibal Sabater, Chaffetz Lindsey LLP
• Preeti Bhagnani, White & Case
• Annie Lespérance, Jus Mundi
• Lucila Hemmingsen, King & Spalding
• Zachary Torres-Fowler, Troutman Pepper

Moderator:

• José A. Casas, Galicia Abogados

 To register please send an email confirming your attendance to the panel and/or ensuing cocktail to Alyssa Montano at MontanoA@adr.org.

AAA-ICDR & Jus Mundi Cocktail Reception

Please join us for a cocktail reception following the AAA-ICDR Construction Panel. See above for registration.

The David D. Caron Praelium: A Celebration of Advocacy

In this year’s event, leading international advocates Caline Mouawad and Elliot Friedman will deploy their advocacy skills before a three-member tribunal comprising Ms. Carolyn B. Lamm, 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.

New York and Texas CLE credit, and California MCLE credit is pending.

Mining Disputes: What’s on the Horizon?

Metals such as lithium, cobalt, and nickel are essential for the production of batteries, which are used in electric vehicles, renewable energy storage systems, consumer electronics. As demand for these products continues to grow, so too will demand for those metals. The limited supply of these materials and their geographical concentration is creating and will continue to create challenges.

These challenges are only compounded by price volatility encumbering mine planning. Unstable political or economic conditions create additional concerns for supply and for mining companies.

Other materials, such as copper and gold, have been subject to dramatic price fluctuations in recent years, with ensuing impact on supply agreements, both take-or-pay and deliver-or-pay. Accentuated price fluctuations have also made it more difficult for mining companies to obtain exploration financing.

These challenges are complex and are having a significant impact on the mining industry and will be discussed by a panel of experienced practitioners with a deep understanding of the legal and commercial challenges facing mining companies.

Speakers:

• Amal Bouchenaki, Partner, Herbert Smith Freehills LLP
• Juliya Arbisman, Partner, Steptoe & Johnson LLP
• Sharmistha Chakrabarti, Counsel, Skadden, Arps, Slate, Meagher & Flom LLP

Moderator:

• Tiago Duarte-Silva, Vice President, Charles River Associates

18th Annual Fordham Conference on International Arbitration and Mediation: Key Issues in International Dispute Resolution: 2023

8:30 AM – 9:30 AM – Registration and Pastries with IMI and the Speakers

Please join us for breakfast and a meet and greet with IMI’s Executive Director and board members and the day’s speakers before the conference begins, sponsored by the International Mediation Institute.

9:30 AM – 9:40 AM – Welcome Remarks

Speakers:

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

9:40 AM – 11:00 AM – Ethics for Mediators & Counsel:  Mediating Under the Singapore Convention

With the widespread adoption of the Singapore Convention, it is anticipated that there will be a significant increase in the use of mediation across the globe. While much attention has been paid to the ethics of arbitration, our arbitration community is less familiar with the ethical issues raised in mediation. Through a discussion of a series of provocative scenarios, this panel will review those issues from the perspective of both the mediator and counsel.

Speakers:

• Bruce A. Green, Louis Stein Chair at Fordham Law School, director of the Louis Stein Center for Law and Ethics
• Linda Gerstel, Adjunct Professor of Law, Fordham Law School; Arbitrator and Mediator, GerstelAdr
• Tat Lim, Partner, Aequitas Law LLP; Maxwell Mediators
• Omer Shapira, Associate Professor at the Faculty of Law, Ono Academic College (virtually)
• Ellen Waldman, Mediator, Vice President CPR

Moderator:

• Ivana Ninčić Österle, Executive Director of the International Mediation Institute

11:00 AM – 11:15 AM – Break

11:15 AM – 12:45 PM – Efficient, Effective and Expeditious Resolution of Technology Disputes

This interactive panel will consider the current efforts to address the needs of technology disputes, including AI.  In response to this need, the ICDR created a Global Working Group which undertook a global survey of more than 500 participants to study how arbitration and other forms of dispute resolution can best assist parties in resolving such disputes.  The Working Group will publish a consultation draft of its White Paper addressing its findings immediately before the conference.  The panel will be joined by those involved in the efforts by UNCITRAL and SVAMC to address technology disputes to share their perspectives.

Speakers:

• Shai Sharvit, Partner, Gornitzky (virtually)
• Patricia Shaughnessy, Professor, Stockholm University
• Steve Smith, Arbitrator, Steve Smith ADR LLC
• Gretta L. Walters, Partner, Chaffetz Lindsey

Moderators:

• Kathleen Paisley, Arbitrator, Ambos Law
• Maria Chedid, Partner Arnold & Porter

12:45PM – 1:30 PM – Lunch

1:30 PM – 2:15 PM – Keynote Address:  Truth Efficiency and Arbitral Justice in the Space Between Spock and Hal

Keynote Speaker: 

• Jose Astigarraga, Partner, Reed Smith

2:15 PM – 2:30 PM – Break

2:30 PM – 4:00 PM – Empirical Research and International Arbitration:  What Does the Data Show?

The body of empirical research on international commercial arbitration continues to grow.  Scholars and practitioners have focused particular attention on the role of national courts in vacating or confirming, or recognizing and enforcing, international arbitral awards.  This panel considers recent studies on post-award actions and also considers the role that empirical research should play in the practice of international arbitration generally.

Speakers:

• Catherine Rogers, Professor of Law, Bocconi University; Affiliated Scholar at the Center for Negotiation and Dispute Resolution, UC College of Law, SF
• Rahim Moloo, Partner & Co-Chair of International Arbitration Group, Gibson Dunn
• Jason Yackee, Foley & Lardner-Bascom Professor of Law, University of Wisconsin Law School
• Trey Childress, Professor of Law, Pepperdine University Caruso School of Law; Of Counsel, Three Crowns

4:00 PM – 4:10 PM – Closing & Invitation to Reception

CLE credit for this program is approved in accordance with the requirements of the New York State CLE Board for a maximum of 4.5 (including 1.0 ethics credit) credits.

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Closing Reception: Honoring Professor George A. Bermann and Celebrating NYAW’s Fifth Year

​Please join us for a closing reception hosted by Allen & Overy LLP and Skadden, Arps, Slate, Meagher & Flom LLP honoring George A. Bermann, Walter Gellhorn Professor of Law; Jean Monnet Professor of European Union Law, Columbia Law School.

Young Practitioners Speakeasy Social

Join AlixParters, 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 will be emailed to you prior to the event.