2nd Annual ITA-IEL Joint Conference on International Energy Arbitration

- in Houston, Texas, USA

Omni Houston Hotel
Four Riverway
Houston, Texas 77056
713.871.8181 

Past Event

Credits:MCLE Credit will be available

Overview

Highlights

  • 2014 Energy Arbitration Year in Review
  • Arbitral Award Effects on Long-Term Energy Contract Relationships
  • The Future of Investment Arbitration in the Energy Sector
  • In-House Perspectives: Managing Front-Page Events
  • Luncheon Interview honoring J. Martin Hunter
  • New IBA Guidelines on Conflicts of Interest
  • Restoring the Promise of Energy Arbitration
  • Behind the Numbers in Investment Treaty Cases
  • ITA-IEL Discussion Forum
  • ITA & IEL Young Lawyers Roundtable

Download the Brochure (pdf)

For more details, download the online brochure.

Tuition

Registration includes the Conference(s), course materials, welcome reception and conference luncheon. Ticketed events are not included.

ITA-IEL International Energy Arbitration Forum

  • $495 / $545 - Regular registration fee
  • $395 / $445 - ITA / IEL Advisory Board Member
  • $395 / $445 - ITA / IEL Supporting or Sustaining Member Employee
  • $395 / $445 - CAIL Member or Member Employee
  • $395 / $445 - Co-Sponsor Member (ICC, HIAC, UT Energy Center, CEPMLP)
  • $195 / $225 - Full-time Government Employee
  • $195 / $225 - Full-time Professor
  • $125 / $150 - Full-time Student

Winter Roundtable Only

  • $75 / $100 - Regular registration fee
  • $50 / $75 - ITA Young Arbitrators Initiative / IEL Young Energy Professional / ICC YAF Committee Member
  • $25 / $25 - Full-time Student

Conference Co-Chairs

Tomasz J. Sikora
Counsel, International Disputes
Exxon Mobil Corporation
Houston, TX

Jennifer M. Smith
Baker Botts L.L.P.
Houston, TX

Schedule and Faculty

Thursday, January 15, 2015

2:30 pm


Registration

3:00 pm


Welcome

  • R. Doak Bishop, ITA Chair, King & Spalding LLP, Houston
  • Wendy Daboval, Vice President and General Counsel, Land, Chevron North America Exploration and Production Company, Houston

WINTER ROUNDTABLE

Presented by
IEL Young Energy Professionals
ITA Young Arbitrators Initiative

3:05 pm


Welcome to the Roundtable

Roundtable Co-Chairs:

  • Christina E. Ponig, DLA Piper LLP (US), Houston (for the IEL YEP)
  • Ruth Teitelbaum, Freshfields Bruckhaus Deringer US LLP, New York (for the ITA YAI)

3:10 pm


Determining Ownership: A Discussion of the Iraq-Kurdistan Oil Dispute

A discussion of the recent federal lawsuit between the Republic of Iraq and Kurdistan and related arbitration proceedings arising from Kurdistan’s export of approximately 1 million barrels of oil to the United States, implicating such issues as ownership, title, transfer of title, conversion, and which tribunal or tribunals are best placed to resolve these disputes.

Moderator:

  • Christina E. Ponig, DLA Piper LLP (US), Houston

Panelists:

  • Yasmine Lahlou, Chaffetz Lindsey LLP, New York
  • James L. Loftis, King & Spalding LLP, Houston

4:00 pm


Debate: "Issue Conflict" as a Ground for Disqualifying Arbitrators: Pandora's Box or Necessary Regulation?

Should arbitrators be disqualified based on their viewpoint, whether from a previous experience handling similar legal issues, previous experience dealing with the same fact witnesses or previous appointment by a party? Should a viewpoint expressed in a scholarly article disqualify an arbitrator on the ground that the arbitrator is inclined to decide an issue in a particular way? When does a dissenting opinion in a preliminary decision reveal that an arbitrator has a closed mind? These questions will be examined in a debate format in light of recent arbitral decisions, the IBA guidelines and other principles applicable in the field of international arbitration.

Moderator:

  • Ruth Teitelbaum, Freshfields Bruckhaus Deringer US LLP, New York

Pandora's Box:

  • Prof. Victoria Shannon, Washington & Lee University School of Law, Lexington, Virginia

Necessary Regulation:

  • Joseph R. Brubaker, Kirton | McConkie, Salt Lake City

5:00 - 6:30 pm


Welcome Reception

7:00 - 9:00 pm


ITA-IEL Joint Conference Reception and Dinner at the Omni Houston Hotel
(Optional for all Joint Conference registrants, faculty and members of the sponsoring organizations)

(Please indicate on the registration form if you wish to attend – ticket price: $115 per person)

Friday, January 16, 2015

7:45 am


Starting a Solo Practice in International Arbitration

A joint meeting and presentation of ITA Young Arbitrators Initiative, the IEL Young Energy Professionals and the ICC Young Arbitrators Forum.

All conference registrants are also invited to attend.

Moderators:

  • Christina E. Ponig, DLA Piper LLP (US), Houston
  • Ruth Teitelbaum, Freshfields Bruckhaus Deringer US LLP, New York; Vice Chair, ITA Young Arbitrators Initiative Committee
  • Suzanne Ulicny, Deputy Director, Arbitration & ADR/North America, ICC International Court of Arbitration, New York; Representative, ICC Young Arbitrators Forum

Panelists:

  • Jennifer Cabrera, Cabrera Cammarota PLLC, New York
  • Devashish Krishnan, Court of HRH the Crown Prince of Bahrain, Riffa, Bahrain
  • Todd Weiler, Independent Counsel & Arbitrator, London, Ontario, Canada

CLE credit and continental breakfast will be available for this 1 hour meeting.

8:00 am


Registration and Continental Breakfast

9:00 am


Welcome Back

Conference Co-Chairs:

  • Jennifer M. Smith, Baker Botts L.L.P., Houston
  • Tomasz J. Sikora, Counsel, International Disputes, Exxon Mobil Corporation, Houston

9:05 am


Keynote: The Future of Energy Investment Arbitration

In recent years, complaints have increased that international arbitration is failing to live up to its “promise” as a process that will deliver a determination at a commercially reasonable cost and in a commercially relevant time-period. In his presentation, Constantine Partasides will examine why that promise is being lost, and how it can be won back.

  • Constantine Partasides QC, Three Crowns, London

9:40 am


The Scope and Effect of Arbitral Awards on Long-Term Energy Contract Relationships Beyond the Resolution of the Precise Dispute Adjudicated

Long-term energy contracts — which can often span many decades — frequently require periodic adjustment to reflect changes in the market conditions that existed at the time of contract execution. In anticipation of the need for adjustment, parties often build into their contracts a mechanism by which the terms of the contract can be periodically revised. Similarly, national laws may provide a mechanism for contract revision independent of any contractual adjustment provision. These requests for adjustment — whether sought pursuant to contract or law — often lead to disputes, which in turn lead to arbitration and thus arbitral awards. Although typically intended to resolve only the precise dispute that gave rise to the arbitration, these awards can have a dramatic impact on the parties’ relationship under their contract going forward. In this panel, Philippe Pinsolle and Stephen Anway discuss both the legal and practical implications of these awards on the parties’ future relationship, including possible unintended consequences of the awards and the extent to which the tribunal’s interpretation of the contract in the award binds the parties in a future dispute.

  • Philippe Pinsolle, Quinn Emanuel Urquhart & Sullivan, LLP, Paris

Moderator:

  • Stephen P. Anway, Squire Patton Boggs (US) LLP, New York

10:20 am


Break

10:40 am


Behind the Numbers in Investment Treaty Cases

Testing individual experiences with and intuitive responses about arbitration against hard data is critical. In this panel, Tim Hart describes his recent study on damages awards in investor-state disputes before ICSID, and Professor Susan Franck provides commentary as well as describing her new research that quantitatively models and identifies the critical variables predicting the outcomes of investment treaty disputes.

  • Tim Hart, President, Credibility Consulting, LLC, Washington, DC
  • Prof. Susan D. Franck, Washington & Lee University School of Law, Lexington, Virginia

11:20 am


2014 Year in Review: The Top 10 Developments in Internatinoal Energy Arbitration

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 2014, and will attempt to identify the ten special rulings and industry trends that will have the most important influence on energy arbitration in 2015 and beyond.

  • Laurence Shore, Herbert Smith Freehills LLP, New York

12:00 pm


Hosted Luncheon

A Conversation with
Prof. J. Martin Hunter, Essex Court Chambers, London
With
Prof. Jarrod Wong, University of the Pacific, McGeorge School of Law, Sacramento

1:50 pm


The Revised IBA Guidelines on Conflicts of Interest in Internatinoal Arbitration

On the tenth anniversary of the issuance of the IBA Guidelines on Conflicts of Interest, it was considered appropriate to reflect on the accumulated experience and identify areas of possible clarification or improvement. Accordingly, a review process conducted by a Conflicts of Interest Subcommittee was initiated in 2012. This process led to a revised version of the IBA Guidelines on Conflicts of Interest which will most likely be approved with the occasion of the IBA Annual Meeting in Tokyo in October 2014. David Arias, who served as chair of the Conflicts of Interest Subcommittee, will provide an overview of the critical matters encountered during the review process leading to the new IBA Guidelines on Conflicts of Interest and the main changes introduced.

  • David Arias, Arias SLP, Madrid
    Chair, 2014 Conflicts of Interest Subcommittee, International Bar Association

2:30 pm


The Future of Investment Protection in the Energy Sector

In the past few years, investors have initiated a significant number of investor-State cases challenging regulations in the energy sector. These cases implicate the future of nuclear and solar power in Europe, electricity generation in Central America, and natural gas extraction in North America. At the same time, the world’s largest net importers of petroleum are pursuing ambitious trade and investment agendas that should minimize the political risks traditionally associated with energy sector investments. In her presentation, Jennifer Thornton will explore the relationship between these trends and examine how expanding international investment protections might ultimately enhance global energy security.

  • Jennifer Thornton, Senior Policy Advisor and Counsel, Office of the United States Trade Representative, Washington DC

3:10 pm


Expecting the Unexpected: How International Energy and Oilfield Services Companies Manage Front-Page Geopolitical Events

Navigating international operations in a time of global upheaval can be a tricky business. Civil unrest such as the Arab Spring, the 2014 Libyan Conflict and the current violence engulfing Iraq and the annexation of Crimea implicates oil production, can invoke dramatic and wide-spread sanctions, and has a tendency to spawn competing claims to energy resources. Hear from three experienced panelists who are tasked with managing and protecting their company’s assets in hot spots around the world.

Moderator:

  • James L. Loftis, Vinson & Elkins LLP, Houston

Panelists:

  • Michol L. Ecklund, Deputy General Counsel – Commercial & Operations Services, Marathon Oil Corporation, Houston
  • Jay G. Martin, Vice President, Chief Compliance Officer & Sr. Deputy General Counsel, Baker Hughes Incorporated, Houston
  • Steven S. Runner, Assistant Chief Attorney, Exploration/Upstream Ventures, Exxon Mobil Corporation, Houston

3:50 pm


Break

4:10 pm


ITA-IEL 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:

  • Kevin O’Gorman, Norton Rose Fulbright, Houston
  • Michael S. Goldberg, Baker Botts L.L.P., Houston

5:00 pm


Closing Remarks

Saturday, January 17, 2015

HOUSTON NETWORKING ADVENTURE
Optional – Ticket Price $95

Johnson Space Center Tour (NASA)
Goode Company BBQ
Wild West Houston

“Houston, Tranquility Base here. The Eagle has landed.” Join us as we tour the Johnson Space Center, the control center for all U.S. manned space flights. We’ll visit the Historic Mission Control, Building 9 where astronauts train on their next mission, the Saturn V Complex and more, followed by a totally informal Texas barbecue dinner.

Please indicate on the registration form if you wish to attend – ticket price: $95 per person. A bus will depart from the Omni Hotel lobby at 2:45 pm and will return to the hotel at about 8:00. Then, for those who wish to continue, country and western dancing at Wild West Houston.

Sponsorship Opportunities

Joint Conference Reception and Dinner (Jan 15) - $3,000 each
at the Omni Houston Hotel

  • Exposure to both ITA and IEL constituents
  • Recognition as a sponsor of the Joint Conference Reception and Dinner in the brochure, in e-marketing, online and at the conference
  • 2 free Joint Conference registrations (all events)
  • 2 complimentary guests at the Reception and Dinner
  • 1 exhibition table for promotional materials
  • Post-conference recognition on the ITA and IEL websites and publications

Joint Conference Luncheon (Jan 16) - $2,500 each
Featuring an Oral History Interview with Martin Hunter

  • Exposure to both ITA and IEL constituents
  • Recognition as a sponsor of the Luncheon in the brochure, in e-marketing, online and at the conference
  • 2 free Joint Conference registrations (all events)
  • 2 complimentary guests at the Luncheon
  • 1 exhibition table for promotional materials
  • Post-conference recognition on the ITA and IEL websites and publications

Welcome Reception (Jan 15) - $2,000 each

  • Exposure to both ITA and IEL constituents
  • Recognition as a sponsor of the Welcome Reception in the brochure, in e-marketing, online and at the conference
  • 1 free Joint Conference registration (all events)
  • 2 complimentary guests at the Welcome Reception
  • Space for promotional materials
  • Post-conference recognition on the ITA and IEL websites and publications

Winter Roundtable (Jan 15) - $1,500 each
Presented by the ITA Young Arbitrators Initiative and the IEL Young Energy Professionals

  • Exposure to both ITA and IEL constituents
  • Recognition as a sponsor of the Roundtable in the brochure, in e-marketing, online and at the Roundtable
  • 1 free Joint Conference registration (all events)
  • 2 complimentary guests at the Welcome Reception
  • Space for promotional materials at the Roundtable
  • Post-conference recognition on the ITA and IEL websites and publications

Exhibitor (Jan 15-16) - $1,500 each
(Non-law Firms only) 

  • Exposure to both ITA and IEL constituents
  • Space for promotional materials at the conference
  • Name/logo on the Joint Conference website with link to company page
  • Post-conference recognition on the ITA and IEL websites and publications

CLE Credits

MCLE Credit

This program is approved by the State Bar of Texas for 8.0 hours, no ethics. Course ID Number: 901305097. Credit hours for other states will vary and are subject to each state’s approval and credit rounding rules.

For this conference, ITA & IEL will directly apply (if requested) for course accreditation in the following states: California, Minnesota, New Mexico, Ohio, Oklahoma, Pennsylvania, Texas and Virginia. Some of these states may not approve a program for credit hours before the program occurs. Attorneys may be eligible to receive CLE credit through reciprocity or attorney self-submission in other states. ITA & IEL conferences are typically accredited by all mandatory CLE states.

Hotel Information

The cost of housing is not included in tuition. However, rooms (in limited number) have been reserved at the Omni Houston Hotel, 4 Riverway, Houston, TX 77056. Registrants should call 1.800.843.6664 and advise them they are attending the "ITA-IEL Joint Conference" to receive a reduced room rate of $169 ++ per night. The last day to obtain this special rate is December 19, 2014.

BOOK HOTEL ONLINE

Other Information

Press Policy

The ITA-IEL Forum is held under the Chatham House Rule. Participants are free to use any information received, but comments may not be attributed to any speaker identified by name or affiliation.

Nondiscriminatory Policy

The Center for American and International Law does not discriminate on the basis of race, color, sex, religion, national origin, age, disability, veteran status or any other protected status in educational activities, scholarship programs or admissions.

Registrar: +1.972.244.3404
ITA: +1.972.244.3414
Fax: +1.972.244.3401
E-Mail: ita@cailaw.org

Co-sponsored by

Welcome Reception Sponsors

Joint Conference Reception & Dinner Sponsors

Joint Conference Luncheon Sponsors

January 16 Breakfast Sponsor

Exhibitors