Arbitration with States and State Entities under the ICC Rules

Similar documents
Energy, Ethics and the Effective Management of Arbitration

International Court of Arbitration Workshop

Tenth Annual ICC New York Conference

ICC Arbitration Today: Arbitrator Independence

ICC Arbitration Today: Bridging the Cultural Gap in International Arbitration

ICC Asia Pacific Conference. East Meets West: Evolving Issues in International Arbitration in the Asia-Pacific Region

ICC ARBITRATION WORKSHOP

ICC Events. INTERNATIONAL CONTRACTS: Study of a mock case Negotiating, Drafting, Dispute Resolution, Different Cultural and Legal Approaches

International Arbitration- A Regional Journey

3/27. State Parties in ContractBased Arbitration: The Theory and Practice of PrivatePublic Arbitration. Highlights

LAUNCH OF ICC COMMISSION REPORT: FINANCIAL INSTITUTIONS AND INTERNATIONAL ARBITRATION

ICC INSTITUTE MASTERCLASS FOR ARBITRATORS LEVEL TRAINING LEVEL 3

Study of a mock case under the 2012 ICC Rules of Arbitration

A one day symposium on International Commercial Arbitration

All in-house counsel, legal practitioners, arbitrators and academics interested in the field of dispute resolution.

PIDA Training Paris, June 2013 INTerNATIoNAL CoMMerCIAL Study of a complex mock case under ArBITrATIoN the 2012 ICC Rules of Arbitration

Who should attend This programme will benefit practicing lawyers, arbitrators, judges, engineers, academics, corporate counsel and LL.M. students.

30 TH JOINT COLLOQUIUM ON INTERNATIONAL ARBITRATION

What s Different About International Arbitration? Practical Tips for Lawyers and Arbitrators

PROGRAMME. ICC Arbitration TRAINING AND CONFERENCE. Melbourne, Australia, 28 November 2016

Yas Banifatemi Partner, Shearman & Sterling LLP, Paris Jurisdiction and Admissibility in Investment Arbitration

International Arbitration and Economic Sanctions

International Arbitration- A Regional Journey

China Arbitration Day Munich, 16 to 18 September Building Bridges Backing Business

STEP INTERNATIONAL TAX AND ESTATE PLANNING FORUM

Canada 2015 BAFT GLOBAL TRADE FINANCE WORKSHOP. November 5 6, Toronto, Canada Hosted and sponsored by BMO

International LEVEL PIDA TRAINING LEVEL October Study of a NEW complex mock case under the 2012 Rules of Arbitration TRAINING

STEP INTERNATIONAL TAX AND ESTATE PLANNING FORUM

Regional Perspectives

ASA Conference. The Arbitrators Initiative: When, Why and How Should it be Used? 6 February Hotel Président Wilson 47, Quai Wilson 1211 Geneva

ASA Conference. Commercial Arbitration Involving States: Public Interests and Private Justice? Friday 22 January 2016

Ninth Investment Arbitration Forum

20 Years of the Energy Charter Treaty Conference ICSID/World Bank Offices Paris, France March 7, 2014

DISPUTE RESOLUTION IN THE OIL AND GAS BUSINESS

Ninth Investment Arbitration Forum

The Official Launch of ICC Shanghai Representative Office

PROGRAM 2017 ICC BRAZILIAN ARBITRATION DAY. Sao Paulo, 4 May 2017 (9:00 to 18:30)

Tax Aspects of International Joint Ventures June 9 & 10, 2014 Houston, TX Gardere Wynne Sewell Conference Center

THE RESPONSIBLE TRUSTEE

ICDR /AIPN Conference: Dispute Resolution in the International Oil & Gas Business

States and State-Controlled Entities as Claimants in International Investment Arbitration

A two day symposium on International Commercial Arbitration

11 TH ICC NEW YORK CONFERENCE. ON INTERNATIONAL ARBITRATION 14 SEPTEMBER 2016 New York

DISPUTE RESOLUTION IN THE OIL AND GAS BUSINESS

Effective Fact Finding vs. Information Overload: Too Much Paper in Arbitration?

Joint UNCITRAL-LAC Conference on Dispute Settlement

Compliance: Making Sense of the Details. 17th Annual

Programme. 19: Welcome Reception at Shearman & Sterling LLP (114, Avenue des Champs- Elysees, Paris)

Jointly present. resolution. Dispute October 2008 Rio de Janeiro, Brazil CONFERENCE SPONSORS ICDR. Tim Martin Valerie van Lelyveld

Investment State Arbitration in Latin America: Recent issues and future prospects

Scandinavian PIDA Seminar on International Commercial Arbitration

Re Contracts: The Art of Designing Reinsurance Contracts and Programs The Helmsley Hotel, New York, NY, July 20-23, 2010

Arbitration. Study of a mock case - under the 2012 ICC Arbitration Rules

Insightful presentations, excellent organization: a very successful conference!

The Barbados Stock Exchange presents the first annual conference on : Corporate Governance and Accountability

PROGRAMME SUMMARY PROGRAM SUMMARY ABOUT THE CHARTERED INSTTITUE OF ARBITRATORS

International Energy Arbitration

The OECD s Evolving Role in Shaping International Tax Policy

The Nineteenth Pennsylvania Drilling and Blasting Conference November 14 and 15, 2019

ELEVENTH MULTINATIONAL JUDICIAL COLLOQUIUM ON INSOLVENCY

ASA Conference Shaping Arbitral Proceedings to Best Examine Quantum 3 February 2017 Hotel Président Wilson 47, Quai Wilson 1211 Geneva PROGRAMME

TWELFTH MULTINATIONAL JUDICIAL COLLOQUIUM ON INSOLVENCY

EBS Law School Arbitration Day 18 November :00 p.m. Lecture Room Sydney

What Lies Ahead? TSLI. 16th Annual. Tax & Securities Law Institute. February 22-23, 2018 Phoenix, AZ JW Marriott Phoenix Desert Ridge Resort & Spa

2018 Sponsor & Exhibitor Brochure. Telephone: Toll Free Visit us at

COP21. Climate Change Related Disputes: A Role for International Arbitration and ADR INTERNATIONAL BAR ASSOCIATION CONFERENCES

Retired Partner T F Investment Funds: U.S. > Variable Insurance Products > Investment Advisers > Mutual Funds >

Annual Fall Program FRIDAY, OCTOBER 26, The Forty Second. The State Bar of California. Hours MCLE Credit. Earn 5.75 TRUSTS AND ESTATES SECTION

STEP INTERNATIONAL TAX AND ESTATE PLANNING FORUM

You re Invited. Fifth Annual TEI Houston Global Tax Symposium. Thursday, November 2, 2017

2017 ANNUAL CONFERENCE & EXHIBITION (ACE)

The 5th ICDR & CCB International Arbitration & Mediation Conference. The Future of International Commercial Arbitration

Half-day Insurance & Reinsurance Seminars

42 nd. ANNUAL CONFERENCE FEBRUARY 14-19, 2019 The Diplomat Resort & Spa Hollywood, FL Sponsor & Exhibitor Brochure

Deloitte Center for Energy Solutions

ABA. Title Insurance Litigation Committee Spring 2009 Seminar & Meetings. March 6, 2009 The Fairmont Olympic Hotel Seattle, WA

ADR. Conference Paradigm Shift in Asian Dispute Resolution Impacts to Arbitration and Mediation Four Seasons Hotel Hong Kong

MASTERCLASS FOR ARBITRATORS LEVEL TRAINING LEVEL 3. Overview of fundamentals and best practices related to serving as an arbitrator May 2015

Government Blockchain Leadership Forum

IRS/Tax Practitioners Symposium Illinois CPA Society BONUS SESSION!

9 th CAM Annual Conference. QUANTIFICATION OF DAMAGES IN COMMERCIAL ARBITRATION: MISSION IMPOSSIBLE? Programme

THE SURETY & FIDELITY ASSOCIATION OF AMERICA 2017 INTERMEDIATE LEVEL COMMERCIAL SURETY SEMINAR October 23-25, 2017 Chicago, IL

Discover the latest value-enhancing and risk-minimising opportunities for the European indexing and ETF industry

2016 Annual Conference & Exhibition

Challenges and Considerations

THE NEW RULES FOR INTERNATIONAL DEMAND GUARANTEE PRACTICE: URDG 758

Current Issues in International Commercial and Investment Arbitration

STEP INTERNATIONAL TAX AND ESTATE PLANNING FORUM

Schedule of Events. International Bridging The Gap May 9-10, 2017 Global Law Week May 8-12, Fordham University School of Law Costantino Room

How To Try an Insurance Coverage Case

Key Center Cleveland, Ohio

THIRTEENTH MULTINATIONAL JUDICIAL COLLOQUIUM ON INSOLVENCY

Government Blockchain Leadership Forum

Advanced Commercial Finance 2018:

Don t miss out register early! Open to just 50 participants. FVS Section Members, ABV/CFF Credential Holders Save an additional $50

ASA Annual Conference

3RD ANNUAL CANADIAN FIXED INCOME INVESTMENTS IN PENSIONS FORUM. May 30, 2018 Vantage Venues Toronto, ON. *Draft Agenda (Subject to Change)

Digitalisation - is it time for the letter of credit to move forward?

INVESTMENT, TAX AND TRADE ISSUES AFFECTING FOREIGN DIRECT INVESTMENT & SPECIAL ECONOMIC ZONES

LAUNCHING YOUR ARBITRATION

Transcription:

Arbitration with States and State Entities under the ICC Rules Date: September 10, 2012 Venue: Winston & Strawn LLP 200 Park Avenue New York, NY Objective: At a time when arbitrations involving state parties are on the rise, many arbitration practitioners are left to grapple with nuances that are specific to this area. Arbitrations involving state parties generate certain issues that do not arise in traditional commercial arbitration between two private parties. The Seventh Annual ICC New York Conference will bring together experts to discuss important topics that are unique to state-party arbitration, such as investment treaties, distinguishing contract rights from treaty rights, and the evolving role of arbitral institutions in this context. International Court of Arbitration The International Court of Arbitration has a distinguished and long-standing history of international dispute resolution. In 2011 alone, it received 796 requests for arbitration from all over the world. Of the 2,293 parties in the cases filed with the International Court of Arbitration in 2011, the United States was the country with the highest participation in ICC Arbitration, and the North American region captured the 5th most number of parties worldwide. States and state-owned entities comprised 10.2% of the parties in ICC arbitrations filed in 2011. Who should attend Arbitrators, mediators, legal practitioners, in-house counsel, and academics who wish to know more about developments in arbitration involving states and state entities. With the support of:

Program September 10, 2012 8:00 a.m. Registration and Continental Breakfast 12:30-2:00 p.m. Lunch 9:00 a.m. Welcome and Introduction 9:10-10:40 a.m. An Institutional Perspective on Arbitration Involving State Parties At the dawn of a new rules regime, the ICC is poised to handle a wider variety of cases than ever before, including more cases involving parties that are states or state entities. The speakers on this panel will discuss the ICC Court s extensive experience handling matters involving states, as well as speak about the results of the ICC Commission s study on arbitration involving state parties. The panelists will also highlight other arbitral rules that are used for investment treaty arbitrations as well as the main mechanisms for the enforcement of investment arbitration awards. Discussion 10:40-11:00 a.m. Coffee Break 11:00-12:30 p.m. The Nuts and Bolts of Treaties: Negotiation, Ratification and Interpretation The legal rights included in bilateral and multi-lateral investment treaties are the product of long-term negotiations and strategy. In this panel, we will hear from individuals who participate in drafting, negotiating and finalizing these agreements, and we will learn how they navigate the ratification process. The panelists will address, among other things, how various legal protections and rights are incorporated into the agreements and how methods of application and interpretation have evolved over time. In addition, we will hear the practitioner s perspective on the art of treaty interpretation at the arbitration stage. Discussion 2:00-3:30 p.m. The Fundamental Differences Between Treaty Rights and Contract Rights A core distinction that must be made when arbitrating with state parties is between claims arising under a treaty and those arising under an investment contract. Differentiating between the claims originating from these two sources will subsequently determine the proper legal rights at issue, the applicable law, the proper forum, and the potential liability of the host state. The speakers on this panel will discuss the distinguishing features of contracts and treaties and help practitioners navigate these nuanced issues, thereby protecting the soundness of the final award. Discussion 3:30-3:50 p.m. Coffee Break 3:50-5:50 p.m. Roundtable Discussion: Emerging Issues in Investment Arbitration What is the likely path for arbitrations involving state parties in the future? What emerging issues have garnered special attention? This panel will cover topics that include the growing prevalence of states bringing claims against investors, third-party funding, state-versusstate claims and poignant ethical issues that are specific to arbitrations involving state parties. We will hear from practitioners as well as from corporate counsel who will discuss and debate important topics in the practice of arbitration involving state parties. 5:50 p.m. Closing Remarks 6:00 p.m. Cocktail Reception

Speakers September 10, 2012 Gerald Aksen, Independent Arbitrator, New York Mark Beckett, Partner, Latham & Watkins LLP, New York George Bermann, Professor of Law, Columbia Law School, New York Janis H. Brennan, Partner, Foley Hoag LLP, Washington, DC Henry Burnett, Partner, King & Spalding LLP, New York Yves Derains, Founding Partner, Derains & Gharavi, Paris Claudia Frutos-Peterson, International Counsel, Curtis, Mallet-Prevost, Colt & Mosle LLP, Washington, DC Jason Fry, Partner, Clifford Chance, Paris and Former Secretary General, International Court of Arbitration, Paris Jonathan Greenblatt, Partner, Shearman & Sterling LLP, New York Jean Engelmayer Kalicki, Partner, Arnold & Porter LLP, Washington, DC Jonathan Kallmer, Counsel, Crowell & Moring LLP, Washington, DC and Former Deputy Assistant U.S. Trade Representative for Investment, Office of the U.S. Trade Representative (USTR) Caline Mouawad, Partner, King & Spalding LLP, New York Lisa Bench Nieuwveld, Counsel, Conway & Partners N.V., Rotterdam Michael Ostrove, Partner, DLA Piper, Paris Patrick Pearsall, U.S. State Department, Office of the Legal Adviser, Washington, DC Laura Robertson, Managing Counsel, ConocoPhillips, Houston John Roesser, Partner, Winston & Strawn LLP, New York Eduardo Silva Romero, Partner, Dechert LLP, Paris Laurence Shore, Partner, Gibson, Dunn & Crutcher, New York Josefa Sicard-Mirabal, Director, Arbitration & ADR, North America, International Court of Arbitration, New York Abby Cohen Smutny, Partner, White & Case LLP, Washington, DC Sylvie Tabet, General Counsel and Director, Trade Law Bureau, Ottawa Martin Valasek, Partner, Norton Rose Canada LLP, Montréal

Logistical and Registration Information Venue: Winston & Strawn LLP 200 Park Avenue New York, NY 10166 How to register: Please complete and return the registration form indicating method of payment to: Email: aay@iccwbo.org Mail: ICC North America c/o United States Council for International Business 1212 Avenue of the Americas, 21 st Floor New York, NY 10036 USA Tel: +1 212 703 5044 Fax: +1 212 575 0327 Website: www.iccnorthamerica.org Registration will be confirmed upon receipt of registration form and payment. Registration fee: Until July 27, 2012: After July 27, 2012 Early bird special For USCIB members: US $475 US $375 For non-members: US $575 Registration Fee for Academics, Corporate Counsel, Sole Practitioners and Government Representatives: US $300 The fee includes working papers, continental breakfast, refreshments, lunch, and reception. Travel and accommodation: Travel and hotel expenses are not included. Participants are responsible for making their own travel arrangements and hotel reservations. Cancellation charge: 50% of the contribution to costs will be refunded if notice of cancellation is received in writing before August 10, 2012. Cancellations after this date are not refundable. However, registration may be transferred to another person from the same company or organization at no extra charge, provided that notice is sent to aay@iccwbo.org prior to the conference.

Registration Form Participant information: Title (Dr/Ms/Mr/etc.): Last name: First name: Position: Company: Address: City/state: Zip code: Country: Email: Phone: Fax: Registration fee: (Please check the appropriate box.) Until July 27, 2012: After July 27, 2012 Early bird special For USCIB members: US $475 US $375 For non-members: US $575 Academics, Corporate Counsel, Sole Practitioners and Government Representatives: US $300 Method of payment: By credit card: American Express MasterCard Visa Card number: Expiration date: / / CVV Code Name of cardholder: Date: / / Signature: The details you provide on this form will be used for registration purposes. They will be stored in ICC s databases for the sole use of ICC (International Chamber of Commerce) and USCIB (United States Council for International Business). You may have access to these details and request deletions and corrections at any time by contacting Alexandra Akerly at 212-703-5044. The details you provide may be used by ICC and USCIB to keep you informed of developments in your area of activity through publications, subscriptions, events and other commercial offers.

With Special Thanks to our Sponsors