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12th ICC New York Conference on International Arbitration
26 September 2017 - 27 September 2017
This annual conference seeks to create a highly interactive environment and lively debate among arbitrators, legal practitioners, in-house counsel and academics who wish to learn more about developments in international dispute resolution.
26 September the ICC Institute of World Business Law is organizing an advanced level training on Drafting Enforceable Awards.
27 September marks the 12th ICC New York Conference on International Arbitration. A “must attend” for arbitration professionals who want to keep up to date on the latest arbitration developments in North America. This conference will offer not only a line-up of top-class speakers, topical discussions and relevant news, but also an excellent opportunity to network.
Who should attend?
Practising lawyers, corporate counsel, arbitrators, mediators, business professionals and academics from around the world.
26 September 2017
10:00 – 10:15 Welcoming address and introduction
Eric A. Schwartz, Independent Arbitrator, New York N.Y., United States; Former Secretary General, ICC International Court of Arbitration; Vice-Chair, ICC Institute of World Business Law
10:15 – 11:00 Drafting an arbitral award: which drafting style?
Participants will receive first-hand guidelines and knowledge on best practices pertaining to award legal drafting styles.
How legals systems and traditions can influence drafting techniques, the different approaches in civil and common law.
How to improve the quality of the award, by getting away from the “copy and paste” drafting style, to properly reflect the reasons behind the arbitral decision,
identifying how much “reasoning” is necessary to render a fully convincing award and secure its enforceability.
Teresa Giovannini, Partner, Lalive, Switzerland; Member, ICC International Court of Arbitration; Council Member, ICC Institute of World Business Law
Eric A. Schwartz, Independent Arbitrator, New York, N.Y., United States; Former Secretary General, ICC International Court of Arbitration; Vice-Chair, ICC Institute of World Business Law
11:00 – 11:30 Discussion
11:30 – 11:45 Coffee break
11:45 – 12:30 Drafting an arbitral award: spotlight on specific issues
This session will focus on particular sections of the award which often present difficulties and challenges in particular:
(1) Jurisdiction and applicable law
(2) Damages
(3) Auxiliary remedies: interest and costs
Eloïse Obadia, Partner, Derains & Gharavi International, Washington D.C., United States; Former Senior Counsel and Team Leader, ICSID
Eric A. Schwartz, Independent Arbitrator, New York, N.Y., United States; Former Secretary General, ICC International Court of Arbitration; Vice-Chair, ICC Institute of World Business Law
12:30 – 13:00 Discussion
13:00 – 14:00 Lunch
14:00 – 14:30 Introduction to scrutiny of the award by the ICC International Court of Arbitration (ICC Court)
Participants will gain a deeper insight into a distinctive feature of the ICC arbitration, the ICC Court’s scrutiny of all draft awards.
An ICC representative will share expertise of the ICC Court scrutiny process, the different levels of review, the assistance and tools provided by the Secretariat pf the Court, such as the “ICC Award Checklist”, to help arbitral tribunals, although respecting their liberty of decision, draft more legally effective awards.
Alexander G. Fessas, Secretary General & Director of ICC Dispute Resolution Services, ICC International Court of Arbitration, Paris
14:30 – 14:45 Discussion
14:45 – 16:00 Working groups: draft award review before scrutiny by the ICC Court
Participants will be given the opportunity to study a draft award, in the conditions in which a draft award would be reviewed before scrutiny by the ICC Court. Each working group will be responsible for reviewing the draft award and will make its comments as if it were a Counsel of the Secretariat of the ICC Court.
Alexander G. Fessas, Secretary General & Director of ICC Dispute Resolution Services, ICC International Court of Arbitration, Paris
Katherine González Arrocha, Director of the Americas, Arbitration & ADR, ICC International Court of Arbitration, Panama City
Marek Krasula, Counsel, ICC International Court of Arbitration, SICANA, Inc., New York
16:00 – 16:15 Coffee break
16:15 – 17:00 Mock Court session: scrutiny of the award by the ICC Court and debate
This is an opportunity for participants to witness the type of discussions that are held between members of the ICC Court and representatives of the Secretariat when reviewing a draft award. The parties to this mock court session will debate on the draft award received by the working groups.
Alexander G. Fessas, Secretary General & Director of ICC Dispute Resolution Services, ICC International Court of Arbitration, Paris
Mark Friedman, Partner, Debevoise & Plimpton LLP, New York, N.Y., United States; Vice-President, ICC International Court of Arbitration
Katherine González Arrocha, Director of the Americas, Arbitration & ADR, ICC International Court of Arbitration, Panama City
Grant Hanessian, Partner & Chair of the firm’s International Arbitration Group in North America, Baker & McKenzie LLP, New York, N.Y., United States; Alternate Member, ICC International Court of Arbitration
Marek Krasula, Counsel, ICC International Court of Arbitration, SICANA, Inc., New York
Todd Wetmore, Partner, Three Crowns, France, Member, ICC International Court of Arbitration
Michael Young QC, Partner, Quinn Emanuel Urquhart & Sullivan LLP, France; Vice-President, ICC International Court of Arbitration
17:00 – 17:15 Concluding remarks
Eric A. Schwartz, Independent Arbitrator, New York, N.Y., United States; Former Secretary General, ICC International Court of Arbitration; Vice-Chair, ICC Institute of World Business Law
27 September 2017
09:00 – 09:30 Welcome remarks
Franco Ferrari, Director, Center for Transnational Litigation, Arbitration and Commercial Law, New York University School of Law, New York, United States
Alexander G. Fessas, Secretary General, ICC International Court of Arbitration; Director, ICC Dispute Resolution Services, Paris
09:30 – 10:00 Keynote Address
Alexis Mourre, President, ICC International Court of Arbitration, Paris
10:00 – 11:15 Panel 1: NAFTA on the table
The Trump administration’s plans to rewrite the North American Free Trade Agreement is sending waves throughout the international business community. As the second most invoked treaty in investment arbitration disputes, the renegotiation of NAFTA may have a serious impact on the future of ISDS. What are the challenges and opportunities (if any) that renegotiation may have on the ISDS landscape? How should the international arbitration community prepare for potentially significant changes to NAFTA?
Matthew Kronby, Partner, International Trade and Investment Law, Bennett Jones LLP, Toronto, Canada; formerly Director General, Government of Canada’s Trade Law Bureau
Patrick Pearsall, Partner, Jenner & Block, Washington D.C., United States; former Chief of Investment Arbitration, US State Department
Carlos Vejar, Senior Counsel, Holland & Knight, Mexico City, Mexico; former General Counsel, International Trade, Ministry of Economy of Mexico (invited)
Chaired by: Mélida N. Hodgson, Partner, Foley Hoag LLP, New York, United States
11:15 – 11:45 Coffee break
11:45 – 13:00 Panel 2: A duty to protect and secure: safeguarding confidential information in a digital world
Recent events have drawn attention to the necessity of protecting sensitive confidential information from being accessed by and distributed to the wrong hands. Within the world of international arbitration, proprietary information is entrusted by the parties to institutions, counsel and arbitrators. This panel will share practical strategies that can be implemented to reduce the risk of a security breach and how to minimize the impact of a possible cyber-attack. The guidance on use of technology offered by the new ICC Commission report on Information Technology in International Arbitration will also be discussed. The panelists will also consider the duty of the players in the arbitral process to safeguard confidential information. Should a “standard of care” for data security be determined? If so, what should those be, who should set them and who should enforce them?
Christopher Boyer, Assistant Vice President – Public Policy, AT&T, Washington D.C., United States (invited)
Michelena Hallie, ViaCom, New York, United States (invited)
Mark C. Morril, Independent Arbitrator, MorrilADR, New York, United States
David B. Wilson, Member, Sherman & Howard LLC, Denver, United States; Vice Chair, ICC Commission on Arbitration and ADR
Chaired by: Claudia T. Salomon, Partner, Latham & Watkins LLP, New York, United States; Member, ICC Court of International Arbitration
13:00 – 14:30 Lunch
14:30 – 15:45 Panel 3: Analysis or Advocacy: the use of experts in international arbitration
This session will take a holistic look at the use of experts in international dispute resolution. The discussion will focus on various processes for appointing experts, different uses for experts during the proceedings (damages, industry, questions of law), criticism of perceived advocacy over neutrality and ethical obligations of experts (and if these standards are being met). The panelists will also discuss strategies the arbitrators may use to assess expert testimony as well as examine issues of admissibility.
Juliet Blanch, Independent Arbitrator, Juliet Blanch Arbitration, United Kingdom
Brent C. Kaczmarek, CFA, Managing Director, Navigant Consulting Inc., Washington DC, United States
Victoria R. Orlowski, Associate, Gibson, Dunn & Crutcher LLP, New York, United States; Vice-President, Standing Committee, ICC International Centre for Expertise
Chaired by: John D. Roesser, Partner, Dechert, New York, United States
15:45 – 16:15 Coffee break
16:15 – 17:30 Panel 4: Turning an award into $$$$: strategies for enforcement
In international arbitration, victory comes in two phases. The first is achieving a favorable award, the second, receiving payment. This panel will discuss practical, result-focused strategies that parties and their counsel can utilize, both before and after the award is rendered, to maximize the likelihood that their victory is effective and not a pyrrhic victory.
Allen B. Green, Senior Counsel, Dentons, Washington D.C., United States
D. Brian King, Partner, International Arbitration Group, Freshfields Bruckhaus Deringer US LLP, New York, United States
Jingzhou Tao, Partner, Dechert LLP, China
Co-Chaired by: Theresa A. Coetzee, Vice President and Assistant General Counsel – Dispute Resolution, Marriott International Inc., Washington D.C., United States
Natalie L. Reid, Partner, Debevoise & Plimpton LLP, New York, United States
17:30 – 17: 45 Closing remarks
Katherine González Arrocha, Director for the Americas, Arbitration & ADR, ICC International Court of Arbitration, Panama City
17:45 – 19:15 Cocktail reception
Date and venue
ICC Institute Training: 26 September 2017
12th ICC New York Conference: 27 September 2017
New York University School of Law
40 Washington Square South
New York, NY 10012
Registration fees
ICC Institute Training:
Early Bird Special*: US$ 602
ICC members: US$ 694
Non-members: US$ 867
12th ICC New York Conference:
Early Bird Special*: US$ 589
ICC members: US$ 691
Non-members: US$ 865
Package: Conference and Training:
Early Bird Special*: US$ 999
ICC members: US$ 1162
Non-members: US$ 1452
*Early Bird Special rates available until 28 July 2017
Registration fees are free of V.A.T.
Special discounts
ICC Members: may benefit from an extra 5% discount. Please contact your local NC to obtain your discount code.
Group rates: Register 5 persons from the same company and pay for 4.
In-house Counsel, full time Academics, Government representatives: may benefit from a 30% discount.
Please contact events@iccwbo.org for more details.
Financial aid may be available. For more information on eligibility requirements and application procedure, please contact events@iccwbo.org.