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7th Annual GAR Live London

Monday, 15 May 2017, 28 Tudor Street, London

Monday, 15 May 2017

09:00 AM to 18:00 PM

28 Tudor Street, London, EC4Y 1HS, United Kingdom


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For further information or sponsorship opportunities, please call +44 203 780 4137 or email events@globalarbitrationreview.com


Speakers

Chaired by:

Will Thomas, Freshfields Bruckhaus Deringer

Wendy Miles QC, Debevoise & Plimpton

Speakers

Mercédeh Azeredo da Silveira, Bär & Karrer

Daniel Busse, Allen & Overy

Charles Claypoole, Latham & Watkins

Helen Dodds, Global Head, Legal, Dispute Resolution, Standard Chartered Bank

Jacomijn van Haersolte-van Hof, Director General, The London Court of International Arbitration (LCIA)

Richard Hill, General Counsel, Globan Litigation, Shell

Hans van Houtte, Professor of Law, University of Leuven

Maya Lester QC, Brick Court Chambers

Timothy Mayer, Therium

Brian O’Toole, Senior adviser to the Director, Office of Foreign Assets Control (OFAC), US Department of the Treasury

David Rivkin, Debevoise & Plimpton

Nick Vidovich, Group Legal Director, Litigation, Vodafone Group

Further speakers to be announced


Programme

9.00: Welcome coffee and registration 

9.30: Chairs' opening remarks

Wendy Miles QC, Debevoise & Plimpton
Will Thomas, Freshfields Bruckhaus Deringer

9.40: Session one: Sanctions – a triangular look

Dealing with sanctions regimes has become part of life in international arbitration in recent years, not least in London. So what lessons have been learned? How much of an impediment are sanctions to the smooth running of a case? This panel will discuss the challenge of sanctions from the three key perspectives: counsel, arbitrator, and institution.

Topics the panel is expected to discuss include:

- Issues at the outset of the arbitration: when institutions/arbitrators/counsel consider whether proceeding to arbitrate disputes involving parties caught by sanctions gives rise to any risk of violating those sanctions.
- Issues during the arbitration: what relevance may sanctions have on the claim itself, eg as regards contractual (non) performance / force majeure / frustration etc.
- Issues at the enforcement stage: will enforcement of an award violate sanctions?

Moderator:
Hans van Houtte, Professor of Law, University of Leuven

Panel:
Mercédeh Azeredo da Silveira, Bär & Karrer
Charles Claypoole, Latham & Watkins
Jacomijn van Haersolte-van Hof, Director General, The London Court of International Arbitration (LCIA)
Maya Lester QC, Brick Court Chambers
Brian O’Toole, Senior Advisor to the Director, Office of Foreign Assets Control (OFAC), US Department of the Treasury

10.45: Coffee break

11.15: Session two: GAR Live symposium 

Our espresso version of Tylney Hall. 

Moderator:
Daniel Busse, Allen & Overy

12.30: Networking lunch

14.00: Session three: Question Time with in-house counsel on 'The Business of Arbitration' - what do clients want to pay for, and how do they want to pay for it?

Clients are becoming more and more demanding of outside arbitration counsel – but not all of them want the same things. So this session provides an opportunity to hear, straight from the horse’s mouth, what certain clients like/ don’t like; have seen/wish they’d seen; or now think ought to be standard.

The panel is expected to explore:

- What does "value" mean to clients in the context of international arbitration? 
- Pricing: hourly rates v fixed fees v skin in the game
- Third Party Funding: A universal panacea?
- Effective budgeting: A two way process? 
- Where can costs savings be made?

Moderator:
Will Thomas, Freshfields Bruckhaus Deringer

Panel:
Helen Dodds, Global Head, Legal, Dispute Resolution, Standard Chartered Bank
Richard Hill, General Counsel, Globan Litigation, Shell
Timothy Mayer, Therium
Nick Vidovich, Group Legal Director, Litigation, Vodafone Group

15.15: Coffee break

15.45: Session four: the GAR Live Inquisition

In a new format for GAR Live, this session will replicate a US senate committee hearing or a UK House of Commons select committee session wherein a succession of witnesses are ‘grilled’ by a panel of GAR Live inquisitors.

Is international law being formed through public arbitration decisions? If so, are arbitrators conscious of this public function and are they performing it in a legitimate manner, and taking into account the right considerations?

Questions likely to be discussed include:

- What is the impact of international laws, obligations, conventions and policy on investor legitimate expectations and state obligations? 
- Should counsel and arbitrators look beyond the contract/applicable investment treaty to the State’s domestic and international obligations and commitments, including to human rights and other universal protections?
- Do arbitrators create new international policy or norms when it comes to implementing international objectives?
- Does changing conduct of insurers, financial institutions and energy companies demonstrate changing business practices and norms? How, if at all, does this influence an investor’s legitimate expectations?

Inquirers:
David Rivkin, Debevoise & Plimpton

Witness panel:
Wendy Miles QC, Debevoise & Plimpton

17.15: Chairs’ closing remarks

Wendy Miles QC, Debevoise & Plimpton
Will Thomas, Freshfields Bruckhaus Deringer

17.30 onwards: Drinks reception kindly hosted by Freshfields Bruckhaus Deringer

 


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