New York Arbitration Week

November 15-19, 2021

Reflections on Arbitral Assumptions

Program Host: Fordham
When: Friday, November 19, 2021
9:30
a.m. – 9:35 a.m., 9:35a.m. – 10:55 a.m., 10:55 a.m. – 11:00 a.m., 11:00 a.m. – 12:30 p.m., 12:40 p.m. – 1:20 p/m/, 1:30 p.m. – 3:00 p.m.

Welcome

9:30 a.m. – 9:35 a.m.

Speaker

Edna R. Sussman; Independent Arbitrator and Mediator & ADR Practitioner-in-Residence, Fordham Law School; New York, NY, USA

Launch of the Mixed Mode Task Force Papers
Launch of IMI-CCA-Straus Mixed Mode Task Force

9:35 a.m. – 10:55 a.m.

Are there creative dispute resolution provisions that can be included in contracts? Would parties benefit from a process facilitator to help them diagnose and design a bespoke process?  Would greater use of nonbinding evaluations be helpful in assisting the parties achieve an amicable resolution? Should arbitrators play a role in facilitating settlement and, if so, how?  What is the latest thinking on med-arb? Is interaction between the arbitrator and the mediator permissible and, if so, how should the process be protected? Are there enforceability issues that must be considered? At this session, the learning that has been developed and published by the Mixed Mode Task Force will be discussed.

Moderator

Kathleen Paisley; Brussels, Belgium and New York, NY, USA

Speaker

Laura A. Kaster; Independent Arbitrator and Mediator; Princeton, NJ, USA

Jeremy Lack; Independent Arbitrator and Mediator; Geneva, Switzerland

Deborah Masucci; Independent Arbitrator and Mediator & Adjunct Professor of Law, Fordham Law School; Brooklyn, NY, USA

Dilyara Nigmatullina; Postdoctoral Researcher in the field of ADR, University of Antwerp Faculty of Law & Accredited Mediator; Antwerp, Begium

Professor Thomas J. Stipanowich; William H. Webster Chair in Dispute Resolution, Straus Institute, Pepperdine Caruso School of Law & Independent Arbitrator; Malibu, CA, USA

Edna R. Sussman; Independent Arbitrator and Mediator & ADR Practitioner-in-Residence, Fordham Law School; New York, NY, USA

Opening Remarks

10:55 a.m. – 11:00 a.m.

Speaker

Louis B. Kimmelman; Independent Arbitrator; New York, NY, USA

Panel One:

Jura Novit Curia: (How) Does This Principle Apply in International Arbitration?

11:00 a.m. – 12:30 p.m.

What do we expect or should we expect an arbitral tribunal to do with respect to the law that is to be applied in a case?  Can a tribunal develop its own legal reasoning independent of what the parties have pleaded?  Can a tribunal order remedies that have not been pleaded by the parties?  Can a tribunal apply a law different from the law chosen by the parties in the contract or that the parties pleaded?  Does a tribunal have an obligation to inform the parties of its legal reasoning and ask for their comments?  The panel will address these questions regarding the relationship between a tribunal and the law that it applies.

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

Professor Giuditta Cordero-Moss; Department of Private Law, University of Oslo & Independent Arbitrator; Oslo, Norway

Speaker

Rafael F. Alves; Partner, MAMG Advogados; São Paulo, Brazil

Hon. Francesco Cortesi; Justice, Italian Supreme Court & Scholar-In-Residence, New York University School of Law; Rome, Italy

Ina Popova; Partner, Debevoise & Plimpton LLP; New York, NY, USA

Laurence Shore; Of Counsel and Head of International Arbitration Department, BonelliErede; Milan, Italy

Keynote Address:  Reflections on Arbitral Assumptions

12:40 p.m. – 1:20 p.m.

Neil Kaplan CBE QC SBS

International Arbitrator, Arbitration Chambers

Speaker

Neil Kaplan CBE QC SBS; Independent Arbitrator, Arbitration Chambers; Hong Kong

Panel Two:

Technology in Arbitral Hearings: The Future is Here

1:30 p.m. – 3:00 p.m

How is technology changing what we expect in international arbitrations?  The first panel will focus on how technology has changed and will continue to change what we need and expect in an arbitral hearing.   The second panel will consider how technology is impacting how we present complex information and concepts to the arbitral tribunal and how the arbitral process may be impacted by the use of such technology.    

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

Paul Cohen; Independent Arbitrator & Head of International Group, 4-5 Gray’s Inn Square Chambers; London, UK

Sophie Nappert; Independent Arbitrator, 3 Verulam Buildings, Gray’s Inn; London, UK

Speakers

Damien Hickman (Part 1); CEO, IDRC; London, UK

Doug Jones AO (Part 1); Independent Arbitrator, Sydney Arbitration Chambers & Atkin Chambers, London & Toronto Arbitration Chambers

Jonathan (Josh) Kallmer (Part 1); Head of Global Public Policy and Government Relations, Zoom Video Communications; Washington, D.C., USA

Rekha Rangachari (Part 1); Executive Director, NYIAC; New York, NY, USA

Marisa Marinelli (Part 2); Partner, Holland & Knight LLP; New York, NY, USA

Jeffrey A. Rosenthal (Part 2); Partner, Cleary Gottlieb Steen & Hamilton LLP; New York, NY, USA

Alan Treibitz (Part 2); CEO, Z-Axis LLC; Englewood, Colorado, USA