11th ITA-IEL-ICC Joint Conference on International Energy Arbitration

19-20 Jan 2023

Houston English
Start: 13:45 (EDT) | 19:45 (CET) || End: 18:15 (EDT) | 00:15 (CET)

Join us in Houston for 1½-day ITA-IEL-ICC Joint Conference. 

This conference is presented annually in Houston, by the Institute for Transnational Arbitration, the Institute for Energy Law and the ICC International Court of Arbitration, with the support of other leading regional and global arbitration organizations. The joint conference traditionally includes a year-in-review analysis of key developments in international energy arbitration practice during the preceding year, panels and debates concerning these developments, a Forum for off-the-record discussion of current issues, a young arbitrators Roundtable and a variety of social networking activities.

Conference Co-Chairs
Cecilia Azar, Partner, Galicia Abogados, Mexico City
Teresa Garcia-Reyes, Vice President – Litigation, Baker Hughes, Houston
Liz Snodgrass, Partner, Three Crowns, Washington D.C., USA

Roundtable Co-Chairs
Meredith Craven, Young ITA representative, White & Case LLP, Houston
Christopher Smith, ICC YAAF representative for North America, King & Spalding LLP, Atlanta
Amy E. Tomlinson, IEL YEP Representative, Liskow & Lewis, Houston

Day 1
Day 2

13:45

Registration

14:30-14:45

Welcome remarks

  • Michael P. Lennon, Jr., IEL Chair, Mayer Brown, Houston
  • Claudia Salomon, President, ICC International Court of Arbitration
  • Tom Sikora, ITA Chair, Senior Counsel - International Disputes Group, Exxon Mobil Corporation, Houston

14:45-14:50

Welcome to the Roundtable: Young Lawyers Roundtable

Presented by

  • ICC Young Arbitration and ADR Forum (YAAF)
  • IEL Young Energy Professionals (YEP)
  • Young ITA

14:50 – 15:50

Ethics of Arbitrator, Conduct and Challenges:

Panelists will consider whether the standards for challenging an arbitrator’s independence and impartiality align with user expectations of arbitrator conduct by examining concrete examples of arbitrator disclosures and conduct, and polling the audience on whether the conduct should reasonably result in the challenge/removal of the arbitrator. Panelists then will discuss whether that conduct intuitively appears ethical from their perspective, and whether the conduct could support a valid challenge.

Moderator:

  • Elizabeth J. Dye, Associate, Pillsbury Winthrop Shaw Pitman, Houston

Panelists:

  • Rahul Donde, Counsel, Levy Kaufmann-Kohler, Geneva
  • Kabir Duggal, Attorney, Arnold & Porter, New York
  • M. Imad Khan, Associate, Winston & Strawn, Houston
  • Lucy Winnington-Ingram, Associate, Reed Smith, London

15:50 – 16:55 

Evolving Doctrines of Excuse in the Face of Global Disruption: 

Recent global disruptions such as the COVID-19 pandemic, the war in Ukraine, sanctions, supply chain disruptions, and environmental disasters have called into question traditional strict interpretations of force majeure, impossibility, hardship, and other contractual excuse doctrines. Panelists first will discuss the impact of recent developments on the doctrine of excuse, and then will engage in a debate.

Debate Resolution: This house maintains that contractual excuse doctrines should be interpreted broadly to excuse contractual non-compliance caused by catastrophic unforeseeable events.

Moderator:

  • Christina G. Hioureas, Partner, Chair of United Nations Practice Group, Foley Hoag, New York

Panelists/Debaters:

  • Naomi Briercliffe, Counsel, Allen & Overy, London
  • Andrea Orta González Sicilia, Attorney, Ruiz - Silva Abogados, S.C., Mexico City
  • Claire Pauly, Counsel, Jones Day, Paris

16:55 – 17:00

Roundtable Closing Remarks

  • Meredith Craven, Roundtable Co-Chair, Young ITA representative; International Arbitration Associate, White & Case LLP, Houston

17:00 – 18:15

Welcome Reception

18:30 – 20:30 

Joint Conference Dinner (optional)

08:00

Registration and Continental Breakfast

09:00-09:10

Welcome address

  • Liz Snodgrass, Conference Co-Chair, Partner, Three Crowns, Washington, D.C

09:10-09:40

2022 Year in Review: International Arbitration Blockbusters and Flops (With Energy Bonus)

This presentation will consider both investor-state and contractual disputes in the energy sector. It will cast an eye over the wide range of matters that have come before arbitral tribunals in 2022 and will attempt to identify the ten (or close to ten) special rulings and industry trends that will have the most significant influence on energy arbitration in 2023 and beyond.

  •  Danielle Morris, Partner, WilmerHale, Washington D.C.
  • Timothy J. Tyler, Counsel, Vinson & Elkins LLP, Houston

09:40 – 10:00

Coffee Break

10:00 – 10:50 

Lessons Learned from the Field: Navigating the Challenges of Enforcement Against State-Owned Entities

Recent geopolitical issues have highlighted the fact that, when it comes to enforcement risk, the differences between investor-state arbitration and commercial arbitration may not be as vast as we once thought, and there are lessons learned that are equally applicable to both types of arbitration. This panel will focus on the unique challenges posed in enforcement of awards involving state owned entities, particularly in jurisdictions with localization requirements, where issues of veil piercing and the integrity of arbitration clauses are of particular concern.

Moderator:

  • Alex Yanos, Partner, Alston & Bird, New York

Panelists:

  • Igonikon Adekunle, Partner, Templars, Lagos
  • Isabel Fernandez de la Cuesta, Partner, King & Spalding LLP, New York
  • Andrew Stafford KC, Lawyer, Kobre & Kim, London

10:50 – 11:40 

The Implications of Changing Energy Policy in Energy Disputes

Whether as a result of political changes (characteristics and ideology of the public administrations), efforts to address climate change/energy transition or otherwise, we have been witnessing the impact of turnarounds in energy policy in different countries and regions. This panel will analyse this situation, discuss different examples, and evaluate how these issues are likely to arise in energy arbitrations (investment or commercial). Along the way, the panel will discuss the scope of regulatory freedom, strategies for managing political risk, and concepts like force majeure and hardship.

Moderator:

  • Analia Gonzalez, International Counsel, BakerHostetler, Washington, D.C.

Panelists:

  • Alberto Fortún, Partner, Cuatrecasas, Barcelona
  • Antonio Ortiz-Mena, Senior Vice President, Albright Stonebridge, Washington, DC
  • Lindsey D. Schmidt, Partner, Gibson Dunn, New York

11:40 – 13:30

Luncheon

This interview conversation is the latest in a series organized by the ITA Academic Council to record the evolution of modern international arbitration in the words of those who have led it.

  • Alan R. Crain, Jr., Independent Arbitrator, Former Senior Vice President and Chief Legal and Governance Counsel, Baker Hughes, Houston
  • Professor Catherine A. Rogers, Vice Chair, Academic Council Università Bocconi (Milan} and Queen Mary University of London (London)

13:30 – 14:20

Natural Gas: What Next?

The natural gas sector has recently seen major disruption resulting from measures taken in response to Russia’s invasion of Ukraine and Russia’s reaction to those measures, and latterly from physical disruptions to supply caused by acts that may (or may not) be connected to armed conflict. That disruption is layered on top of ongoing evolution in the natural gas market that has led, over the past decades, to successive waves of gas pricing disputes in Europe and Asia. This panel will attempt to forecast where disputes are likely to be coming from in this sector, addressing the impact of supply disruptions, import restrictions and a mooted “price cap” on Russian gas, issues of liability for damage to infrastructure resulting from regular or irregular armed conflict, and how all of this is likely to affect the evolution of gas price review arbitrations.

Moderator:

  • Gisele Stephens-Chu, Founder, Stephens Chu, Paris

Panelists:

  • Cristian Nitsch, Assistant General Counsel, Pavilion Energy, Madrid
  • Michael Polkinghorne, Partner, White & Case LLP, Paris
  • Ana Procuna, Director of Gas Transportation and Marketing at Mexico Pacific, Mexico City

14:20 – 15:10 

Back to the Future or the New Normal (No, This is Not a Panel on Virtual Hearings)

The past few years have seen many disruptions to the way we typically practice energy arbitration, resulting from restrictions on travel and gathering in person during the height of the pandemic. There were obvious downsides, but necessity was also the mother of innovation when it came to proactive case management. Anecdotally, we saw tribunals demonstrating greater openness to procedural techniques such as bifurcation and early dispositive motions in order to make such progress on cases as was possible even without a full, in-person merits hearing. This panel will evaluate whether we should want to return to pre-pandemic approaches to such techniques, or whether the forced experiment of the past few years has yielded valuable case management insights that we should take forward into the “new normal.”

Moderator:

  • Caroline Richard, Partner, Freshfields Bruckhaus Deringer, Washington, D.C.

Panelists:

  • J. Brian Casey, Arbitrator, Bay Street Chambers, Toronto
  • Ema Vidak Gojković, Independent Arbitrator, New York

15:10 – 15:30 

Coffee Break

15:30- 16:00

Queen Mary University of London/Pinset Masons Survey on the Future of International Energy Arbitration – Final Results 

This session will be the global launch of the QMUL and Pinsent Masons Survey on the Future of Energy Disputes. It will address the likely causes of future disputes, the impact of climate change and international sanctions on energy disputes and how arbitration is adapting to address such issues. The survey looks forward as well as reports in the energy disputes of recent years.

  • Prof. Loukas Mistelis, Queen Mary University of London; Partner, Clyde & Co LLP, London
  • Jason Hambury, Partner, Pinsent Masons LLP, London

16:00- 17:00 

ITA-IEL-ICC Forum

The Forum is an open informal discussion providing the opportunity for arbitrators, arbitration counsel and in-house counsel to share experiences and raise concerns in transnational arbitration in an off -the-record unstructured dialogue format. The agenda for the Forum is determined by the participants, by pre-submitted questions and topics and by spontaneous remarks at the event. Registrants will receive instructions on how to submit questions or topics for discussion at the Forum.

Co-Moderators:

  • Denton Nichols, Partner, Norton Rose, Houston
  • Joanne Luu, Partner, BD&P, Calgary

17:00

Closing Remarks

  • Teresa Garcia-Reyes, Conference Co-Chair, Vice-President – Litigation, Baker Hughes, Houston

17:10 – 18:15

Young Lawyers Networking Reception

For members of the Young ITA, the IEL Young Energy Professionals (YEP), the ICC Young Arbitrators Forum (YAF) and other young lawyers interested in international energy arbitration.

Igonikon Adekunle

Partner, Templars, Lagos

Cecilia Azar

Conference Co-Chair; Galicia Abogados, Mexico City

Naomi Briercliffe

Counsel, Allen & Overy, London

J. Brian Casey

Arbitrator, Bay Street Chambers, Toronto

Alan R. Crain, Jr.

Independent Arbitrator, Former Senior Vice President and Chief Legal and Governance Counsel, Baker Hughes, Houston

Meredith Craven

Roundtable Co-Chair, ITA Rep; International arbitration Associate, White & Case LLP, Houston

Rahul Donde

Counsel, Levy Kaufmann-Kohler, Geneva

Kabir Duggal

Attorney, Arnold & Porter, New York

Ema Vidak Gojković

Independent Arbitrator, New York

Analia Gonzalez

International Counsel, BakerHostetler, Washington, D.C.

Elizabeth J. Dye

Associate, Pillsbury Winthrop Shaw Pitman, Houston

Isabel Fernandez de la Cuesta

Partner, King & Spalding LLP, New York

Alberto Fortún

Partner, Cuatrecasas, Barcelona

Jason Hambury

Partner, Pinsent Masons LLP, London

Christina G. Hioureas

Partner, Chair of United Nations Practice Group, Foley Hoag, New York

M. Imad Khan

Associate, Winston & Strawn, Houston

Michael P. Lennon, Jr.

IEL Chair, Mayer Brown, Houston

Prof. Loukas Mistelis

Queen Mary University of London; Partner, Clyde & Co LLP, London

Joanne Luu

Partner, BD&P, Calgary

Danielle Morris

Partner, WilmerHale, Washington D.C.

Denton Nichols

Partner, Norton Rose, Houston

Cristian Nitsch

Assistant General Counsel, Pavilion Energy, Madrid

Claire Pauly

Counsel, Jones Day, Paris

Michael Polkinghorne

Partner, White & Case LLP, Paris

Ana Procuna

Director of Gas Transportation and Marketing at Mexico Pacific, Mexico City

Teresa Garcia-Reyes

Conference Co-Chair, VP Litigation, Baker Hughes, Houston

Caroline Richard

Partner, Freshfields Bruckhaus Deringer, Washington, D.C.

Professor Catherine A. Rogers

Vice Chair, Academic Council. Università Bocconi, Queen Mary University of London, Milan & London

Claudia Salomon

President, ICC International Court of Arbitration

Andrea Orta González Sicilia

Attorney, Ruiz - Silva Abogados, S.C., Mexico City

Christoper Smith

Roundtable Co-Chair, ICC YAAF; King & Spalding LLP, Atlanta

Antonio Ortiz-Mena

Senior Vice President, Albright Stonebridge, Washington, DC

Tom Sikora

ITA Chair, Senior Counsel - International Disputes Group, Exxon Mobil Corporation, Houston

Lindsey D. Schmidt

Partner, Gibson Dunn, New York

Liz Snodgrass

Conference Co-Chair, Partner, Three Crowns, Washington, D.C.

Andrew Stafford KC

Lawyer, Kobre & Kim, London

Gisele Stephens-Chu

Founder, Stephens Chu, Paris

Amy E. Tomlinson

Roundtable Co-Chair, IEL Rep; Liskow & Lewis, Houston

Timothy J. Tyler

Counsel, Vinson & Elkins LLP, Houston

Lucy Winnington-Ingram

Associate, Reed Smith, London

Alex Yanos

Partner, Alston & Bird, New York

Venue

Hilton Houston Post Oak

2001 Post Oak Blvd.

Houston, TX 77056

Overnight Accommodations
Hilton Houston Post Oak
2001 Post Oak Blvd.
Houston, TX 77056

Rate $175+/night Standard King
Available nights of 1/18, 1/19, and 1/20/2023
Booking cutoff: Dec. 26, 2022

https://www.hilton.com/en/attend-my-event/iahwshh-cail23-c5f7db4f-38d2-4aa3-ab48-69ac664fe226/

For further information, please contact:

Kiara Williams

Promotion Assistant, Arbitration and ADR, North America, ICC Dispute Resolution Services

+1 (646) 699-5702

Kiara.williams@iccwbo.org

Conference Dinner - $15,000 as exclusive sponsor or $4,250 as general sponsor

  • Exposure to ITA, IEL and ICC constituents
  • Recognition as a sponsor of the Joint Conference Dinner on the conference website, in the brochure, in e-marketing and at the conference
  • 3 free Joint Conference registrations (all events) and 2 discounted registrations (20% off regular rate)
  • 1 exhibition table for promotional materials
  • Name/logo on the conference website with link to company page
  • Opportunity to provide promotional gifts in conference bags
  • *Exclusive sponsor receives 3 additional complimentary guests to the dinner*
Conference Luncheon - $10,000 as exclusive sponsor or $4,000 as general sponsor
  • Exposure to ITA, IEL and ICC constituents
  • Recognition as a sponsor of the Luncheon on the conference website, in the conference brochure, in e-marketing and at the conference
  • 2 free Joint Conference registrations (all events) and 1 discounted registration (20% off regular rate)
  • 2 complimentary guests at the Luncheon
  • 1 exhibition table for promotional materials
  • Name/logo on the conference website with link to company page
Canvas Bag - $9,000 as exclusive sponsor or $3,000 as general sponsor - SOLD
  • Exposure to ITA, IEL and ICC constituents
  • Recognition as a sponsor of the Canvas Bag on the conference website, in the conference brochure, in e-marketing and at the conference
  • 2 free Joint Conference registrations (all events) and 1 discounted registration (20% off regular rate)
  • 1 exhibition table for promotional materials
  • Name/logo on the conference website with link to company page
WiFi - $5,000 (exclusive sponsorship) - SOLD
  • Company/Firm Name as wifi code for conference
  • Exposure to ITA, IEL and ICC constituents
  • Recognition as Wifi Sponsor on the conference website, in the conference brochure, in e-marketing and at the conference
  • 2 free Joint Conference registrations (all events) and 1 discounted registration (20% off regular rate)
  • 1 exhibition table for promotional materials
  • Name/logo on the conference website with link to company page
Lanyard - $5,000 (exclusive sponsorship) - SOLD
  • Company/Firm Name on one side of the conference name badge lanyard (conference title on the other)
  • Exposure to ITA, IEL and ICC constituents
  • Recognition as Lanyard Sponsor on the conference website, in the conference brochure, in e-marketing and at the conference
  • 2 complimentary Joint Conference registrations (all events) and 1 discounted registration (20% off regular rate)
  • 1 exhibition table for promotional materials
  • Name/logo on the conference website with link to company page

Welcome Reception - $7,000 as exclusive sponsor or $2,500 as general sponsor

  • Exposure to ITA, IEL and ICC constituents
  • Recognition as a sponsor of the Welcome Reception on the conference website, in the conference brochure, in e-marketing and at the conference
  • 1 free Joint Conference registration (all events) and 1 discounted registration (20% off regular rate)
  • 2 complimentary guests at the Welcome Reception
  • Space for promotional materials
  • Name/logo on the conference website with link to company page

Conference Coffee Breaks - $6,000 as exclusive sponsor or $2500 as general sponsor

  • Exposure to ITA, IEL and ICC constituents
  • Recognition as a sponsor on the conference website, in the conference brochure, in e-marketing and at the conference
  • 2 discounted conference registrations (20% off regular rate)
  • Space for promotional materials at the conference
  • Name/logo on the conference website with link to company page

Conference Breakfast - $4,000 (exclusive sponsorship) -  SOLD

  • Exposure to ITA, IEL and ICC constituents
  • Recognition as a sponsor on the conference website, in the conference brochure, in e-marketing and at the conference
  • Space for promotional materials at the conference
  • Name/logo on the conference website with link to company page

Charging Station - $4,000 (exclusive sponsorship)

  • Exposure to ITA, IEL and ICC constituents
  • Recognition as a sponsor on the conference website, in the conference brochure, in e-marketing and at the conference
  • Space for promotional materials at the conference
  • Name/logo on the conference website with link to company page

Full Page Conference Materials Binder Advertisement - $4,000 (exclusive sponsorship)

  • Full page Company/Law Firm Advertisement on the back of the Conference Materials Binder
  • Exposure to ITA, IEL and ICC constituents
  • Recognition as a sponsor on the conference website, in the conference brochure, in e-marketing and at the conference
  • Space for promotional materials at the conference
  • Name/logo on the conference website with link to company page

Young Lawyers Roundtable - $7,000 Exclusive or $2,500 as General Sponsor

  • Presented by the Young ITA, the IEL Young Energy Professionals and the ICC Young Arbitrators Forum
  • Exposure to ITA, IEL and ICC constituents
  • Recognition as a sponsor of the Roundtable on the conference website, in the conference brochure, in e-marketing and at the conference
  • 1 free Joint Conference registration (all events)
  • 1 complimentary guest at the Welcome Reception
  • Space for promotional materials at the Roundtable
  • Name/logo on the conference website with link to company page

Young Lawyers Networking Reception - $5,000 Exclusive or $2,000  as General Sponsor

  • Presented by the Young ITA, the IEL Young Energy Professionals and the ICC Young Arbitrators Forum
  • Exposure to ITA, IEL and ICC constituents
  • Recognition as a sponsor of the Young Lawyers Networking Reception on the conference website, in the conference brochure, in e-marketing and at the conference
  • 1 free Joint Conference registration (all events)
  • 1 complimentary guest at the Young Lawyers Networking Reception
  • Space for promotional materials
  • Name/logo on the conference website with link to company page

Exhibitor - $2,000

  • Exposure to ITA, IEL and ICC constituents
  • Space for promotional materials at the conference
  • Name/logo on the conference website with link to company page

Organiser

Sponsors