14th ICC New York Conference on International Arbitration

03-04 Oct 2019

New York English Eligible for CLE/MCLE/CPD/CNB credits

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Early bird until 30/08/19

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US$ 605

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To benefit from the ICC Member rate please contact your National Committee to get the discount code.

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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.

3 October: ICC Institute Advanced Level Training on the Production of Documents

This one-day advanced training will provide participants with practical insight on the production of documents.

4 October: 14th 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

Training programme

Conference programme

Drinks and Data Roundtable

3 October Training programme: ICC Institute Advanced Level Training on the Production of Documents

ICC Institute Advanced Level Training on the Production of Documents

09:30-09:45	Welcoming address and introduction Jacob Grierson, International Arbitration Partner, ASAFO & Co., France; Council Member, ICC Institute of World Business Law
09:45-10:00	Thinking strategically about the document production process This introductory session will address the procedural and strategic choices that should set the approach to document production in international arbitration. Participants will learn how to identify documents that are relevant and material to the case and will discuss issues of document collection and preservation strategies both from a theoretical and a practical standpoint. David Brown, Partner, Clyde & Co, France; Council Member, ICC Institute of World Business Law
10:00-10:45	Case scenarios on ‘Thinking strategically about the document production process’ David Brown
10:45-11:00	Pro-active approaches to addressing data protection during the document production process Data protection rules often apply to the processing of personal data during the arbitration process. Where data protection laws are likely to apply, best practice is usually to raise these issues proactively and upfront, which may limit the impact of data protection compliance on the arbitration process and the production of documents. This session will train participants to spot data protection issues early on and present potential ways to limit the impact of data protection compliance, including "data minimization". Kathleen Paisley, Partner, AMBOS Law, Belgium / New York & Miami, United States; Co-Chair, ICCA-IBA Joint Task Force on Data Protection in Arbitration Proceedings
11:00-11:15	Coffee Break
11:15-11:30	Party-promulgated document requests (part 1) – how to draft effective requests In international arbitration each party is responsible for submitting the documentary evidence on which it intends to rely to support its case and there is no automatic right to the production of documentary evidence in the possession or control of the opposing party. This session will explore the limits of document production in international arbitration and provide practical insights on how to frame an effective request resulting in an expeditious and cost effective document production procedure. Caline Mouawad, Partner, International Arbitration, King & Spalding, New York, United States
11:30-12:15	Case scenarios on ‘Party-promulgated document requests (part 1) – how to draft effective requests’ Caline Mouawad
12:15-12:30	Party-promulgated document requests (part 2) – how to draft effective objections Upon receipt of a document production request the requested party has to react. What are the contours of the grounds for refusing to produce documents? How can a party best respond to a broad and indiscriminate document request? How can parties make available information necessary and material to a dispute but maintain confidentiality and competitive secrets? During this session participants will discuss the strategic issues and steps that should be considered when responding to a request for production. Jacob Grierson
12:30-13:15	Case scenarios on ‘Party-promulgated document requests (part 2) – how to draft effective objections’
13:15-14:15	Lunch
14:15-14:45	Electronic documents – unique challenges and opportunities A lot has been said regarding the consequences of the increasing use of electronic documents, communications and electronically stored information on the document production process but the international arbitration community is still far from reaching a consensus on these issues. This session will address the recent trends and possible developments on how electronic evidence should be treated in international arbitration. Robert H. Smit, Partner and Co-Chair, International Dispute Resolution Practice, Simpson, Thacher & Bartlett LLP, New York, United States
14:45-15:00	Protecting legal privileges and commercial confidences Issues of privilege and commercial confidences often arise in international arbitration. The disparity of regimes, however, often makes the outcome uncertain both for counsel and parties and raises challenging issues such as: how to identify and withhold privileged material in practice, how to resist claims of privileges and how to protect commercial confidences, also considering the discretion of the arbitral tribunal on the issue and in the absence of an agreement by the parties. Yasmine Lahlou, Partner, Chaffetz Lindsey LLP, New York, United States
15:00-15:45	Case scenarios on ‘Protecting legal privileges and commercial confidences’ Yasmine Lahlou
15:45-16:00	Coffee break
16:00-16:15	Non-party documents – techniques to get them if you need them Non-party discovery in arbitration can prove to be a virtual minefield both for parties and arbitrators: not only do practices vary significantly depending on the seat of the arbitration, the availability (and scope) of non-party discovery also relies on a delicate balance between arbitrators’ authority and courts’ power. This session will address practical challenges when seeking relevant evidence from non-parties to the arbitration such as competitors, third party advisors or investigative bodies. Carolyn Lamm, Partner, White & Case LLP, Washington D.C., United States; Member, ICC Institute of World Business Law
16:15-17:00	Case scenarios on ‘Non-party documents – techniques to get them if you need them’ Carolyn Lamm
17:00 - 17:15	Concluding remarks Jacob Grierson
18:00 - 20:00	Drinks and Data Roundtable (NYIAC, 150 E 42nd St)

4 October Conference programme

8.00 – 9.00	Registration and welcome breakfast
9.00 – 9.15	Welcome remarks Samaa Haridi, Partner, Hogan Lovells US LLP, New York, United States; Alternate Member, ICC International Court of Arbitration Živa Filipič, Managing Counsel, ICC International Court of Arbitration, Paris
9.15 – 9.45	Keynote address Alexis Mourre, President, ICC International Court of Arbitration, Paris
9.45 – 10.45	Session 1 – Bench and Bar in Conversation: Landmark Decisions in North America Judges, counsel and arbitrators will engage in a dialogue on important developments affecting international proceedings in the region, including legislative changes and noteworthy case law. Hon. Ian Binnie, CC, QC, Of Counsel, Lenczner Slaght, Toronto, Canada; Former Justice of the Supreme Court of Canada Marc J. Goldstein, Independent Arbitrator, MJG Arbitration, New York, United States Saliann Scarpulla, Judge, Commercial Division, Supreme Court, New York County, United States Shira Scheindlin, Of Counsel, Stroock & Stroock & Lavan LLP, New York, United States; Retired Senior Judge of the United States District Court for the Southern District of New York Chaired by: Janet Walker, Professor and Arbitrator, Arbitration Place, Toronto, Canada
10.45 – 11.15	Coffee Break
11.15 – 12.30	Session 2 – Tackling Tricky Scenarios: What Would You Do? Arbitration experts will "compete" in an interactive game-show style panel to propose solutions to hypotheticals of complicated situations that can arise in an international dispute resolution proceeding, such as: • Third party documents • Belated evidence • Parties' failure to address critical issues • Bankruptcy and parallel proceedings Hagit Muriel Elul, Partner and Co-Chair International Arbitration, Hughes Hubbard & Reed LLP, New York Edna Sussman, Independent Arbitrator & Mediator, New York, United States; Distinguished Practitioner in Residence, Fordham Law School Thomas H. Webster, International Lawyer and Arbitrator, Law Offices of Thomas Webster, United Kingdom Rodrigo Zamora, Partner, Galicia Abogados, Mexico City, Mexico Chaired by: Ina C. Popova, Partner, Debevoise & Plimpton LLP, New York United States; Alternate Member, ICC International Court of Arbitration
12.30 – 14:30	Lunch
14:30 – 15.30	Session 3 – Handling the Hot Potato: Issues of Corruption in International Arbitration This roundtable will examine approaches arbitral tribunals can take to allegations or signs of corruption in international disputes and will assess the current state of jurisprudence to chart a path forward. Monica Jimenez, Secretary General, ECOPETROL SA, Colombia; Court Member, ICC International Court of Arbitration Cheng-Yee Khong, Associate Investment Manager, IMF Bentham International Litigation Funding, Hong Kong Richard Kreindler, Partner, Cleary Gottlieb Steen & Hamilton LLP, Frankfurt/New York, Germany/United States; Council Member, ICC Institute of World Business Law Alexander J. Marcopoulos, Counsel, Shearman & Sterling LLP, France Chaired by: Teddy Baldwin, Partner, Steptoe & Johnson LLP, Washington, DC, United States
15.30 – 16.00	Coffee Break
16:00 – 17.15	Session 4 – Radical Proposals for Dispute Resolution: An Efficiency Revolution A panel with collective experience as in-house counsel, external counsel and as arbitrator will put forth innovative ideas to increase the efficiency of proceedings that would represent paradigm shifts in how arbitrations are currently run. The audience will be invited to engage in a dialogue with the panellists and vote on the proposals. Erin Gleason Alvarez, Independent Arbitrator, Gleason Alvarez ADR, LLC, New York, United States Alexandre de Gramont, Partner, Dechert LLP, Washington DC, United States Michael Schottler, Lead Legal Counsel: Litigation, Anglo American plc, South Africa William Crosby, Vice President and Associate General Counsel, Interpublic Group, New York, United States Chaired by: Andrea Gross, Manager of Litigation, Americas, Bechtel Global Corporation, San Francisco, United States
17.15 – 17.30	Closing remarks Alexandra Akerly, Acting Deputy Director, Head - ICC Young Arbitrators Forum North America Chapter, International Court of Arbitration®, SICANA, Inc., New York Živa Filipič, Managing Counsel, ICC International Court of Arbitration, Paris
17.30 – 19.30	Cocktail reception

We thank our 14th ICC New York Conference Programme Committee:

Teddy Baldwin, Partner, Steptoe & Johnson LLP, Washington D.C., United States

Gabrielle Hurley, Lawyer, Bechtel Limited, United Kingdom

Ina C. Popova (Co-Chair), Partner, Avocat à la Cour, Debevoise & Plimpton LLP, New York & Paris, United States / France; Alternate Member, ICC International Court of Arbitration

Ank Santens (Co-Chair), Partner, White & Case LLP, New York, United States

Janet Walker, Independent Arbitrator, Arbitration Place, Canada; Professor of Law and past Associate Dean, Osgoode Hall Law School

Kindly hosted by New York International Arbitration Center (NYIAC)

Address:

150 E 42nd St.

New York, NY 10017

Date and time: Thursday, 3 October 2019 (18.00-19.00)

17:30-18:00

Registration

18:00-19:00

The ICCA-IBA Joint Task Force on Data Protection in Arbitration Proceedings has produced a Roadmap to assist the arbitration community in applying the data protection rules, including the GDPR, to arbitration proceedings.Together with other arbitration institutions, the ICC has been heavily involved in, and supportive of, the Task Force's work, and we would like to invite you to an informal discussion over drinks to consider how data protection could impact arbitration proceedings and how best to practically manage these issues during the process

Živa Filipič, Managing Counsel, ICC International Court of Arbitration, Paris

Kathleen Paisley, Partner, AMBOS Lawyers, Belgium/USA; Co-Chair, ICCA-IBA Joint Task Force on Data Protection in Arbitration Proceedings

19:00-20:00

Networking Reception

The 3 October Training speakers

David Brown	Partner, Clyde & Co., France; Council Member, ICC Institute of World Business Law
Jacob Grierson	International Arbitration Partner, ASAFO & Co., France; Council Member, ICC Institute of World Business Law
Yasmine Lahlou	Partner, Chaffetz Lindsey LLP, New York, United States
Carolyn Lamm	Partner, White & Case LLP, Washington D.C., United States
Caline Mouawad	Partner, International Arbitration, King & Spalding, New York, United States
Kathleen Paisley	Partner, AMBOS Law, Belgium / New York & Miami, United States; Co-Chair, ICCA-IBA Joint Task Force on Data Protection in Arbitration Proceedings
Robert H. Smit	Partner and Co-Chair, International Dispute Resolution Practice, Simpson, Tacher & Bartlett LLP, New York, United States

The 4 October conference speakers

Teddy Baldwin	Partner, Steptoe & Johnson LLP, Washington, DC, United States
Hon. Ian Binnie, CC, QC	Of Counsel, Lenczner Slaght, Toronto, Canada; Former Justice of the Supreme Court of Canada
Hagit Muriel Elul	Partner and Co-Chair International Arbitration, Hughes Hubbard & Reed LLP, USA
Živa Filipič	Managing Counsel, ICC International Court of Arbitration, Paris
Erin Gleason Alvarez	Independent Arbitrator, Gleason Alvarez ADR, LLC, New York, United States
Marc J. Goldstein	Independent Arbitrator, MJG Arbitration, New York, United States
Alexandre de Gramont	Partner, Dechert LLP, Washington DC, United States
Andrea Gross	Manager of Litigation, Americas, Bechtel Global Corporation, San Francisco, United States
Samaa Haridi	Partner, Hogan Lovells US LLP, New York, United States; Alternate Member, ICC International Court of Arbitration
Gabrielle Hurley	Lawyer, Bechtel Limited, United Kingdom
Monica Jimenez	Secretary General, ECOPETROL SA, Colombia; Court Member, ICC International Court of Arbitration
Cheng-Yee Khong	Associate Investment Manager, IMF Bentham International Litigation Funding, Hong Kong
Richard Kreindler	Partner, Cleary Gottlieb Steen & Hamilton LLP, Frankfurt/New York, Germany/United States; Council Member, ICC Institute of World Business Law
Alexander J. Marcopoulos	Counsel, International Arbitration, Shearman & Sterling LLP, France
Alexis Mourre	President, ICC International Court of Arbitration, Paris
Ina C. Popova	Partner, Debevoise & Plimpton LLP, New York United States; Alternate Member, ICC International Court of Arbitration
Saliann Scarpulla	Judge, Commercial Division, Supreme Court, New York County, United States
Shira A. Scheindlin	Retired Senior Judge of the United States District Court for the Southern District of New York, United States; Of Counsel, Stroock & Stroock & Lavan LLP, New York
Michael Schottler	Lead Legal Counsel: Litigation, Anglo American plc, South Africa
Edna Sussman	Independent Arbitrator & Mediator, New York, United States; Distringuished Practitioner in Residence, Fordham Law School
Janet Walker	Professor and Arbitrator, Arbitration Place, Toronto, Canada
Thomas H. Webster	International Lawyer and Arbitrator, Law Offices of Thomas Webster, United Kingdom
Rodrigo Zamora	Partner, Galicia Abogados, Mexico City, Mexico
William Crosby	Vice President and Associate General Counsel, Interpublic Group, New York, United States

Dates and venue	Dates: 3-4 October 2019 Venue: Hogan Lovells, 390 Madison Avenue, New York, N.Y. 10017, United States
Registration fees	14th ICC New York Conference only (4 October 2019) Early bird until 30 August 2019 : $595 ICC Members: $704 (To benefit from the ICC Member rate please contact your National Committee to get the discount code) Non-members: $880 ICC Institute Training (3 October 2019) Early bird until 30 August 2019: $605 ICC Members: $696 (To benefit from the ICC Member rate please contact your National Committee to get the discount code) Non-members: $870 Discount package: ICC Institute Training (3 October 2019) and 14th ICC New York Conference (4 October 2019) Early bird until 30 August 2019: $999 ICC Members: $1164 (To benefit from the ICC Member rate please contact your National Committee to get the discount code) Non-members: $1455 Drinks & Data Roundtable (3 October 2019) Seats are limited and will be attributed on a first-come first-served basis. Participants will be requested to register in advance via the link they receive once they are registered for the 14th ICC New York Conference.
Travel and accommodation	Travel and hotel expenses are not included in the registration fees.
Special discounts	Group rates: Register 5 persons from the same company and pay for four. In-house Counsel, full time Academics and Government representatives may benefit from a 30% discount.
Financial aid	Financial aid may be available. For more information on eligibility requirements and application procedure, please contact us
Working language	English
Credits and hours	ICC Training and Conferences is eligible for CLE credit under New York ‘s approved jurisdiction procedures, is a State Bar of California approved MCLE provider and is an accredited CPD provider by the Bar Standards Board of England and Wales. French Bars: This training will be sent for CNB approval. Lawyers practising in France may apply for reimbursement from the FIFPL (Fonds Interprofessionnel de Formation des Professionnels Libéraux), subject to terms and conditions.
Cancellation policy	50% of the registration fee will be refunded if notice of cancellation is received in writing before Friday 30 August 2019. Cancellations after this date are not refundable. Subject to agreement from ICC Training and Conferences prior to the event, the registration may be transferred to another person from the same company or organization at no extra charge. Updated registration information will be required. Please be informed that any form of cancellation will incur a cancellation fee of 7US$ + 2.75% of the registration fee which must be covered by the participant. Please note that ICC Services reserves the right to cancel this event or to make minor alterations to the content and timing of the programme or to the identity of the speakers. In the unlikely event of cancellation, delegates will be offered a full refund. ICC Services will not, however, be held responsible for any related expense incurred by the participant.
Disclaimer	The photos and audiovisual recordings taken at this meeting/event may be used and published by ICC, its subsidiaries or affiliates, for informational or promotional purposes in printed materials or online, including on ICC websites and in social media. Participation in the meeting/event implies agreement to such use of photos or audiovisual recordings in which the participant may appear unless ICC Services receives written notification to the contrary.

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