35th Annual Joint Symposium of Arbitrators

24 Feb 2020

London English
Last Booking date for this event: 20 February 2020

The 35th Joint Symposium of the School of International Arbitration and the ICC Institute of World Business Law will examine topical subject of States and States Entities in International Arbitration.

The speakers will discuss a wide range of topics both from the perspective of representing states and state entities and representing the private sector parties against states and state entities. In addition, the symposium will explore the state involvement in international business and trade and international, as well as the challenges involving investment vs commercial arbitration against states and state entities.

Participants to the Symposium will have the opportunity to listen to practical and informative presentations from experienced arbitration lawyers, arbitrators, counsel and practitioners in general.

09.00 – 09.30

Registration and Coffee

09.30 – 09.45

Welcome address

  • Julian DM Lew, QC, Head, School of International Arbitration & 20 Essex St, United Kingdom
  • Craig Tevendale, Partner and Head of the International Arbitration group in London and Head of Energy, UK, Herbert Smith Freehills, United Kingdom

09.45 – 11.15

State Involvement in International Business and Trade and International Arbitration

Issues to be addressed:

  • How are States and State Entities involved in International Business and Trade, and International Arbitration; Consent for arbitration in disputes involving States and State Entities: concession agreements, investment contracts, public-private partnerships, joint ventures, privatization contracts, government guarantees and assurances
  • States’ standing and jurisdictional objections to arbitration for lack of States’ proper representation and ratification of arbitration agreements
  • Sovereign immunity:
    • Under treaty
    • Agreed arbitration for dispute settlement.

   Chair: Karyl Nairn, QC, Partner and European co-head of the International Litigation and Arbitration Group, Skadden, United Kingdom

   Speakers:

  • Ali Malek, QC, 3 Verulam Buildings, United Kingdom
  • Andrew Cannon, Partner, Herbert Smith Freehills, France
  • Carmen Nuñez-Lagos, International Arbitrator and Founding Partner, Nunez-Lagos Arbitration, France

11.15 – 11.30

Coffee Break

11.30 – 13.00

Representing States and State Entities

  Issues to be addressed:

  • Procurement and selection of counsel for representing States and State Entities
  • Differences between representing States and representing State Entities
  • Ensuring State and State Entity representatives are properly authorised to represent the State and State Entity in international arbitration
  • Difficulties in representing States and State Entities, including in collecting evidence, communicating with State representatives, collaborating with in-house Government and State Entities lawyers, budget constraints
  • Entering into settlement agreements for States and State Entities  

Chair: Stavros Brekoulakis, Director School of International Arbitration, & 3 Verulam Buildings, United Kingdom  

Speakers:

  • Paolo Di Rosa, Partner & Global Head of International Arbitration at Arnold & Porter, United Kingdom  
  • Will Thomas, Partner, Freshfields Bruckhaus Deringer LLP, United Kingdom  
  • Christina Hioureas, Counsel, International Litigation & Arbitration Department and Chair, United Nations Practice Group at Foley Hoag LLP, United States
  • Eduardo Silva Romero, Partner, Dechert LLP, France  

13.00 – 14.15

Lunch

14.15 – 15.45

Representing Private Sector Parties against States and State Entities

  Issues to be addressed:

  • Corruption related matters
  • States’ failure to participate in the arbitration procedure
  • States’ potential efforts to interfere with the arbitration procedure
  • Collecting evidence against States and State Entities
  • Entering into settlement agreements with States and State Entities
  • Enforcing awards against States and State Entities.

Chair:  Constantine Partasides, QC, Partner, Three Crowns, United Kingdom

Speakers:

  • Ina Popova, Partner, avocat à la cour, Debevoise & Plimpton LLP, United States
  • Sabine Konrad, Partner, Morgan Lewis, Germany
  • Epaminontas Triantafilou, Partner, Quinn Emanuel Urquhart & Sullivan, LLP, United Kingdom
  • Sarah Vasani, Partner, International Arbitration and Head of Investor State Disputes, Addleshaw Goddard, United Kingdom

15.45 – 16.00

Coffee Break

16.00 – 17.30

Investment vs Commercial Arbitration against States and State Entities

A panel discussion will address the following considerations as to whether to commence commercial or investment arbitration against States and State:

  • Jurisdiction
  • Tribunal, Evidence and Procedure
  • Applicable law
  • Liability
  • Damages
  • Enforcement of Arbitral Awards
  • Possibility of Parallel Proceedings
  • Transparency/Confidentiality /Publicity
  • Non-legal Considerations: the role of public opinion, media pressure, change in governments and broader political considerations.

Chair: Phillip Capper, Partner and Co-Head of International Arbitration, White & Case LLP London, and Nash Professor of Engineering Law, King’s College London, United Kingdom  

Speakers:

  • Michael E. Schneider, Founding Partner, LALIVE S.A., Switzerland
  • Monica Jimenez Gonzalez, Secretary General, Ecopetrol S.A, Colombia
  • Norah Gallagher, School of International Arbitration, QMUL, United Kingdom  
  • Massimo Benedettelli, Partner, Arblit, Italy

17.30 – 17.45

Conclusion

Yves Derains, Chair, ICC Institute of World Business Law, France

Massimo Benedetteli

Partner, Arblit, Italy

Stavros Brekoulakis

Director School of International Arbitration, & 3 Verulam Buildings, United Kingdom

Andrew Cannon

Partner, Herbert Smith Freehills, France

Phillip Capper

Partner and Co-Head of International Arbitration, White & Case LLP London, and Nash Professor of Engineering Law, King’s College London, United Kingdom

Yves Derains

Chair, ICC Institute of World Business Law, France

Paolo Di Rosa

Partner & Global Head of International Arbitration at Arnold & Porter, United States

Julian DM Lew QC

Head, School of International Arbitration & 20 Essex St, United Kingdom

Norah Gallagher

School of International Arbitration, QMUL, United Kingdom

Christina Hioureas

Counsel, International Litigation & Arbitration Department and Chair, United Nations Practice Group at Foley Hoag LLP, United States

Monica Jimenez Gonzalez

Secretary General, Ecopetrol S.A, Colombia

Sabine Konrad

Partner, Morgan Lewis , Germany  

Ali Malek QC

3 Verulam Buildings, United Kingdom

Karyl Nairn QC

Partner and European co-head of the International Litigation and Arbitration Group, Skadden, United Kingdom

Carmen Nuñez-Lagos

International Arbitrator and Founding Partner, Nunez-Lagos Arbitration, France

Constantine Partasides QC

Partner, Three Crowns, United Kingdom

Ina Popova

Partner, avocat à la cour, Debevoise & Plimpton LLP, United States

Michael E. Schneider

Founding Partner, LALIVE S.A, Switzerland

Eduardo Silva Romero

Partner, Dechert LLP, France

Will Thomas

Partner, Freshfields Bruckhaus Deringer LLP, United Kingdom

Craig Tevendale

Partner and Head of the International Arbitration group in London and Head of Energy, UK, Herbert Smith Freehills, United Kingdom

Epaminontas Triantafilou

Partner, Quinn Emanuel Urquhart & Sullivan, LLP, United Kingdom

Sarah Vasani

Partner, International Arbitration and Head of Investor State Disputes, Addleshaw Goddard, United Kingdom

Venue

Herbert Smith Freehills LLP, Exchange House

Primrose St, London EC2A 2EG

London, United Kingdom

Registration fees

Academics and Students: £100

Standard registration: £150

Travel and accommodation

Travel and hotel expenses are not included in the registration fees. Participants are responsible for making their own travel arrangements and hotel reservations.

Working languages

English



Registration via this link.

Co-organisers