9th ITA-IEL-ICC Joint Conference on International Energy Arbitration

10:30-10:45

Welcome

• Alexis Mourre, President, ICC International Court of Arbitration, Paris
• Laura M. Robertson, IEL Chair, Deputy General Counsel, Litigation and
• Arbitration & IP, ConocoPhillips Company, Houston
• Joseph E. Neuhaus, ITA Chair, Sullivan & Cromwell LLP, New York

10:45-10:50

Introduction to the Conference

• Andrew Behrman, Conference Co-Chair, Baker Botts, New York

10:50-11:35

Keynote Address: How a Biden Administration will impact the Energy Markets

• Kenneth B. Medlock III, James A. Baker III and Susan G. Baker Fellow in Energy and Resource Economics and Senior Director, Center for Energy Studies, Baker Institute for Public Policy, Rice University, Houston

11:35-11:40

Break

11:40-12:55

Energy Disputes: An Update from the Arbitrators

Energy disputes comprise a significant portion of commercial and investment arbitrations. This Panel will present observations on these disputes from the perspectives of the arbitrators who decide them, including trends in the matters that are coming before arbitral tribunals and learnings from energy arbitrations across different legal systems and geographic regions.

Moderator: Maria Chedid, Arnold & Porter, San Francisco

Panelists:

• Mohamed S. Abdel Wahab, Zulficar & Partners, Cairo
• Benjamin Hughes, Independent Arbitrator, Singapore
• Maxi Scherer, Wilmer Hale, London

12:55-13:00

Break

13:00-14:00

Welcome Reception

10:30-10:35

Welcome Back

• Andrew Behrman, Conference Co-Chair, Baker Botts, New York

10:35-11:10

Year in Review - The Magnificent Seven

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 2020, and will attempt to identify the top seven rulings and industry trends that will have significant influence on energy arbitration in 2021 and beyond.

• Laurence Shore, BonelliErede, Milan

11:10-11:15

Break

11:15-12:30

In-House Perspectives: The Energy Industry in Transition

This roundtable conversation will give participants a view into the perspectives of in-house counsel from various energy companies in the wake of the COVID-19 pandemic, the recent oil price decline, and the immediate and critical challenges presenting the energy industry today during a period of transition. The speakers will offer their thoughts on how energy companies have managed the bumpy waters of 2020 and are positioning themselves for the future and what impacts they see or foresee in relation to ongoing disputes, business relationships and dispute resolution choices.

Moderator: Marcela Berdion-Straub, Lead Counsel, Litigation, TOTAL American Services, Inc., Houston

Panelists:

• Chris Bellotti, Assistant General Counsel, Halliburton, Houston
• James Cowan, Associate General Counsel, Litigation—Americas, Shell Oil Company, Houston

12:30-12:35

Break

12:35-13:25

Challenges and Experience of Black Practitioners in International Energy Arbitration

Join Black outside and inhouse counsel as they explore their paths in the world of international energy arbitration. This discussion will explore the diverse experiences of the panelists, the role of diversity of hiring outside counsel, and thoughts on how to increase diversity in the dynamic international energy arbitration space.

Moderator: Quentin L. Smith, Vinson & Elkins LLP, Houston

Panelists:

• Hamid Abdulkareem, Aluko & Oyebode, Lagos
• Igonikon Adekunle, Templers, Lagos
• Joseph Ope, ExxonMobil Asia Pacific Pte Ltd., Singapore
• Kwadwo Sarkodie, Mayer Brown, London

13:25-13:30

Break

13:30-14:30

ITA-IEL-ICC Energy Arbitration Forum

The Forum is a special informal opportunity for colleagues in international arbitration to discuss current issues and share concerns off-the-record with our peers. The agenda for this open discussion is determined by the participants who are invited to submit their suggestions in advance and at the Forum itself.

10:30-10:45

YOUNG LAWYERS ROUNDTABLE

Presented by

• ICC Young Arbitrators Forum (YAF)
• IEL Young Energy Professionals (YEP)
• Young ITA

Welcome to the Roundtable

Roundtable Co-Chairs:

• Crina Baltag, Young ITA Vice Chair, Senior Lecturer, Stockholm University, Stockholm
• Katharine Menéndez de la Cuesta, ICC YAF Representative, Holland & Knight, Miami
• Quentin L. Smith, IEL YEP Representative, Vinson & Elkins LLP, Houston

10:45-11:35

The 2020 Upheaval: What Now?

The panel will address two current issues:

1. Shifting State Policy and Its Impact on Oil & Gas Related Disputes in Asia
2. Indigenous Rights and Energy Investments in South America Production-Sharing Contracts in Africa or the Middle East

Moderator: Sarah Vasani, Addleshaw Goddard LLP, London

Panelists:

• Javier Jaramillo-Troya, Pérez Bustamante & Ponce, Quito
• E. Jin Lee, Three Crowns, Washington D.C.
• Charis Tan, Peter & Kim, Singapore

11:35-11:40

Break

11:40-12:55

Debate on the Energy Charter Treaty Modernisation

The Energy Charter Treaty (ECT) came into force on 16 April 1998 and only in the past ten years has made the headlines, with over 130 arbitrations concerning its investment promotion and protection provisions. In November 2017, the discussions on the modernisation of the ECT were launched and the list of topics to be considered in the modernisation process was put together and approved on 27 November 2018. This list includes, among others: the definition of the notions of ‘investor’ and ‘investment’, the fair and equitable treatment, most favoured nation treatment and expropriation standards, ‘denial of benefits’ clause, third-party funding, transparency, etc. To add to the ECT context, the 2018 Achmea decision of the Court of Justice of the European Union has triggered a forceful discussion as to the intra-EU applicability of the ECT.

This panel will debate two relevant propositions:

1. This house believes that the definition of the notion of ‘investor’ should include the requirement of ‘substantive activity’ in the home Contracting Party, to prevent treaty shopping.
2. This house believes that ECT is a multilateral treaty and any decisions as to the applicability of intra-EU BITs should not affect it

Introductory Remarks: Lukas Stifter, Chair, ECT Modernisation Group, Energy Charter Treaty, Federal Ministry for Digitization and Business Location, Vienna

Moderator: James Hope, Vinge, Sweden

Panelists:

• Simon Batifort, Curtis, Mallet-Prevost, Colt & Mosle LLP, New York
• Isabel San Martin, King & Spalding, Paris
• Dalibor Valincic, Wolf Theiss, Zagreb
• Agnieszka Zarowna, White & Case LLP, London

Concluding Remarks: James Hope, Vinge, Sweden

12:55-13:00

Break

13:00-14:00

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. Participants will have an opportunity to meet members of the faculty in small groups.