12th ITA-IEL-ICC Joint Conference on International Energy Arbitration

13:45-14:30

Registration

14:30-14:45

Welcome: 

• Alexander G. Fessas, Secretary General, ICC International Court of Arbitration, Paris
• Michael P. Lennon, Jr., IEL Chair, Mayer Brown, Houston
• Tom Sikora, ITA Chair, Senior Counsel - International Disputes Group, Exxon Mobil Corporation, Houston

14:45-14:50

Welcome to the Roundtable

Roundtable Co-Chairs

• Dustin Appel, IEL YEP Representative, Bradley Arant Boult Cummings LLP, Houston
• Eugenie Rogers, ICC YAAF Representative, Baker McKenzie, Dallas
• Sylvia Sámano, Young ITA Representative, Hogan Lovells, Mexico City

14:50-15:50

Ensuring the Independence and Impartiality of Experts in Arbitration

Panelists will address the delicate balance of securing engagements by counsel and the parties they represent in arbitration, while maintaining the requisite independence and impartiality from counsel and party appointees to uphold the professional and ethical duties that apply to experts. Panelists will discuss the ethical duties owed to the tribunal in connection with expert evidence, the different approaches taken by counsel in preparing experts for oral evidence, and the tension and various considerations that may be encountered.

As part of the discussion, the panel will consider a number of hypothetical scenarios that illustrate possible conflicts of interest or impairments to impartiality and ways that parties or tribunals might address these issues.

Moderator: Eugenie Rogers, Partner, Baker McKenzie, Dallas, Texas

Panelists:

• Miguel A. Nakhle, Executive Vice President, Compass Lexecon, Houston
• Christina Beharry, Partner, Foley Hoag, Washington, D.C.
• Teresa Garcia-Reyes, VP-Litigation, Baker Hughes, Houston
• Charline Yim, Partner, Gibson, Dunn & Crutcher LLP, New York

14:50-15:50

Navigating New Energy Contracts: How Will Arbitration Adapt in Response to the Energy Transition

Energy transition will bring new transactions with new issues and new deal structures. Panelists will explore how these phenomena will reshape the substantive practice of energy-related arbitration.

15:50-16:55

Adapting to New Energy Contracts: How Will Energy Transition Change Arbitration Practice?

Energy transition will bring new transactions with new issues and new deal structures. Panelists will explore how these phenomena will reshape the substantive practice of energy-related arbitration.

Moderator: Ruxandra Esanu, Associate, Dechert LLP, Paris

Panelists:

• Clea Bigelow-Nuttal, Partner, Pinsent Masons LLP, London
• Nathan O’Malley, Partner, Musick, Peeler & Garrett LLP, Los Angeles
• Irina Tsveklova, Partner, Weil, Gotshal & Manges LLP, Houston

17:00-18:15

Welcome Reception

Sponsored by Andrews Myers

18:30-20:30

Joint Conference Dinner

Optional for all Joint Conference registrants, faculty, and sponsors

Caracol Restaurant

2200 Post Oak Blvd., #160

Houston, TX 77056

U.S.A.

Please indicate on the registration form if you wish to attend – ticket price: $115 per person. Seating is limited so register soon.

08:00-09:00

Registration and Continental Breakfast

09:00-09:05

Welcome Back

Conference Co-Chairs

• Gabriela Alvarez-Avila, Partner, DLA Piper, Mexico City
• Eugene Silva, Senior Counsel, ExxonMobil, Houston
• Willie Wood, Partner, Pillsbury Winthrop Shaw Pittman, Houston

09:05-09:35

Keynote Address

An Overview of the Impact of Recent Geopolitical Disruption on International Business

· Hon. Mark W. Menezes, President & Chief Executive Officer, United States Energy Association, Washington D.C.

09:35-10:40

The Impact of Wartime and Related Sanctions on Arbitration Proceedings and the Enforcement of Awards

Navigating an international arbitration under optimal circumstances is complicated enough. Geopolitical disruptions such as war, sanctions, and boycotts introduce even greater challenges. The panel will consider how to address potential disruptions during the conduct of proceedings and the subsequent enforcement of awards.

Moderator: 

• David Livshiz, Partner, Freshfields Bruckhaus Deringer LLP, New York

Panelists:

• Laurie Achtouk-Spivak, Partner, Cleary Gottlieb Steen & Hamilton LLP, Paris
• Alexander G. Fessas, Secretary General, ICC International Court of Arbitration, Paris
• Charlene Sun, Partner,  DLA Piper, New York

10:40-11:10

Coffee Break

11:10-12:10

Political Risks in Big Energy Projects: If Not Investment Treaties, Then What?

Mitigating risk through investment treaty protection has become de rigueur in most large, cross-border energy projects. However, there are challenges to this conventional wisdom. From restrictions on access, redefinition of rights, and even outright repudiation, practitioners in this area must think creatively for new ways to manage political risk. Panelists will survey this emerging reality and share their thoughts on what the future of investment protection could look like.

Moderator: 

• Ann Ryan Robertson, International Partner, Locke Lord LLP, Houston

Panelists:

• Frederick Day, Managing Director, Infrastructure, Brookfield Asset Management, Houston
• Mónica Jiménez, Chief Strategy, Sustainability and Legal Officer, GeoPark, Bogotá
• Silvia Marchili, Partner, White & Case LLP, Miami
• Alberto Ravell, Managing Counsel – Commercial & Environmental Litigation, ConocoPhillips, Houston

12:10-14:00

Luncheon

This interview with R. Doak Bishop 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.

R. Doak Bishop, King & Spalding LLP, Houston

Interviewed by
Tom Sikora, Senior Counsel - International Disputes Group, Exxon Mobil Corporation, Houston

Sponsored by Winston & Strawn LLP

14:00-14:40

2023 Year in Review: The Top 10 (or close to 10) Developments in International Energy Arbitration

This presentation will survey investor-state and commercial disputes in the energy sector and highlight the biggest developments of the last year. Casting an eye over the wide range of matters that have come before arbitral tribunals in 2023, speakers will identify rulings and industry trends that are likely to influence energy arbitration into 2024 and beyond.

• Kevin O’Gorman, Head of Arbitration, Norton Rose Fulbright US LLP, Houston
• Laura Sinisterra, Partner, Debevoise & Plimpton, New York

14:40-15:40

Identifying, Quantifying, and Proving Damages in Energy Projects: How to Incorporate Risks in Calculating Damages Based on Unforeseen Circumstances?

This panel will explore recent developments and strategies in addressing risks, including both unforeseen regime and regulatory changes, in modeling damages. It will address, among other developments, (i) assessment of risk for renewable energy projects that have not commenced operations, and (ii) how changes in the “equilibrium of the contract” should or should not affect damages awarded by arbitral tribunals.

Moderator: 

• Richard D. Deutsch, Partner, Pillsbury Winthrop Shaw Pittman LLP, Houston

Panelists:

• Veronica Irastorza, Principal, The Brattle Group, San Francisco
• John Burritt McArthur, Independent Arbitrator, The Law Office of John Burritt McArthur, Berkeley
• Arianna Sánchez, Partner, Curtis, Mallet-Prevost, Colt & Mosle LLP, New York,
• Almir Smajlovic, Managing Director, Secretariat Advisors, LLC, Houston

15:40-16:00

Coffee Break

16:00-17:00

ITA-IEL-ICC Forum

The Forum is an open and informal discussion that provides arbitrators, arbitration counsel, and in-house counsel the opportunity to share experiences and raise concerns about arbitration practice in an off-the-record 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.

• Adrián Magallanes, Partner, Von Wobeser y Sierra, S.C., Mexico City
• Diora Ziyaeva, Partner, Dentons, New York

17:00

Closing Remarks