5th ITA-IEL-ICC Joint Conference on International Energy Arbitration

Overview

Presented by The Institute for Transnational Arbitration and The Institute for Energy Law of The Center for American and International Law and The ICC International Court of Arbitration.

Co-Sponsored by the Houston International Arbitration Club, Kay Bailey Hutchison Center for Energy, Law, and Business at The University of Texas at Austin and the University of Dundee Centre for Energy, Petroleum & Mineral Law & Policy.

The ITA, IEL and ICC combine again to present their 5th annual review of the year past and the year ahead in the arbitration of international disputes in the energy industry. 

Download the Brochure (pdf)

For more details, download the online brochure.

Conference Co-Chairs

Mimi M. Lee
Managing Counsel, Litigation
Chevron Upstream
San Ramon, CA

Sylvia Noury
Freshfields Bruckhaus Deringer LLP
London, UK

James L. Loftis
Co-Chair, International Dispute Resolution
Vinson & Elkins LLP
Houston, TX and London, UK

Schedule and Faculty

Now the definitive annual program on international arbitration in the energy sector, the ITA, IEL and ICC join again this year to bring speakers from around the globe and across the industry to focus on the key issues in this practice – from a keynote address on the role of geopolitics in the genesis of disputes in the sector, through the uncertainty of cross-border resource development involving undelimited maritime boundaries to the increasing sophistication of “resource nationalism” in emerging markets. Procedural issues such as arbitrator selection and emergency arbitrators will be explored, and the new era of disputes in the Mexican energy industry examined. The program includes three ever-popular features: the Corporate Counsel Roundtable, tackling practical topics such as the challenging nature of the ‘bargain’ with host governments in a low-price environment, this year’s luncheon interview with David R. Haigh, Q.C., one of the deans of the practice, and all you need to know about last year’s energy disputes: the Year in Review.

Thursday, January 18

Conference Co-Chairs

• Mimi M. Lee, Managing Counsel, Litigation, Chevron Upstream, San Ramon, California
• James Lloyd Loftis, Vinson & Elkins LLP, Houston and London
• Sylvia Noury, Freshfields Bruckhaus Deringer LLP, London

2:30 pm

Registration

3:00 pm

Welcome

• Abby Cohen Smutny, ITA Chair, White & Case LLP, Washington, DC
• Alexis Mourre, President, ICC International Court of Arbitration, Paris
• Lawrence P. Simon, Jr., IEL Chair, Liskow & Lewis, Lafayette, Louisiana

Young Lawyers Roundtable

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

3:10 pm

Welcome to the Roundtable

Roundtable Co-Chairs

• Silvia Marchili, Young ITA Chair and Regional Chair, ICC YAF North America Chapter, King & Spalding LLP, Houston
• Soledad G. O’Donnell, IEL YEP Representative, Mayer Brown, Chicago

3:15 pm

Mexican Energy Disputes - A New Era

As a result of the Mexican Energy Reform, US and Canadian companies are active participants in the Mexican energy market. At the same time, the Governments of the US, Canada, and Mexico are renegotiating NAFTA, creating a heightened degree of uncertainty for companies that operate in Mexico. This panel will discuss the risks and challenges that companies with energy interests in Mexico are currently facing, as well as potential mitigation strategies.

Moderator: Silvia Marchili, Roundtable Co-Chair

Panelists:

• Prof. Julián de Cárdenas Garcia, University of Houston Law Center, Houston
• Cecilia Ibarra-van Oostenrijk, North America Regional Compliance Counsel, TechnipFMC, Houston
• Raymundo Piñones de la Cabada, Director, Mexico Association of Hydrocarbons (AMEXHI), México, D.F.
• Gabriel Salinas, General Counsel and Chief Compliance Officer, Avant Energy, Houston

4:10 pm

Arbitrator Selection

One of the perceived advantages of arbitration as a dispute resolution mechanism is the ability for the parties to choose the decision makers. In turn, selecting the arbitrators is probably one of the most critical decisions when designing your case strategy. This panel will explore the different factors that practitioners and clients should bear in mind in choosing the arbitrators, as well as some of the tools available to obtain critical information regarding potential candidates. The panel will also explore ethical duties that the parties and the arbitrators should observe.

Moderator: Soledad G. O’Donnell, Roundtable Co-Chair

Panelists:

• José Ricardo Feris, Squire Patton Boggs, Paris
• Robert Landicho, Vinson & Elkins LLP, Houston
• Elizabeth McKee Devaney, Assistant General Counsel, Occidental Petroleum Corporation, Houston
• Prof. Victoria Shannon Sahani, Associate Professor of Law, Arizona State University, Phoenix

5:00-6:30 pm

Welcome Reception

7:00-9:00 pm

Joint Conference Dinner at Maggiano's Little Italy

Optional for all Joint Conference registrants, faculty and sponsors

Please indicate on the registration form if you wish to attend – ticket price: $90 per person

Friday, January 19

8:00 am

Registration and Continental Breakfast

9:00 am

Welcome Back

• Conference Co-Chairs

9:05 am

Keynote Presentation: Global Energy Markets - U.S. Foreign Policy Perspectives

This presentation will address the changing global energy landscape, the US Administration’s priorities in the sector, and the role of the US Department of State and the Bureau of Energy Resources

• Richard Westerdale, Senior Advisor, Bureau of Energy Resources, U.S. Department of State, Washington D.C.

Moderator: Abby Cohen Smutny, White & Case LLP, Washington, DC

9:40 am

Boundary Disputes in the Oil and Gas Sector

This panel will address current boundary disputes with significant energy implications, the state of public international law and treaty developments on cross-border resource development in disputed areas, boundary risk mitigation strategies, and will feature an insider’s view on the recent ITLOS decision in Ghana v. Cote d’Ivoire.

Moderator: James Lloyd Loftis, Conference Co-Chair

Panelists:

• Clara Brillembourg, Foley & Hoag LLP, Washington, D.C.
• Prof. Dan Sarooshi, Essex Court Chambers, London

10:40 am

Coffee Break

11:00 am

Resource Nationalism in Emerging Markets

This panel will address the prevailing trends in so-called “resource nationalism” in emerging markets, focusing on Latin America and Africa. Are we moving beyond outright expropriations? What are the more sophisticated ways in which governments are seeking to maximise their returns from their natural resources? How have investors reacted to such policies? How can the right balance be struck in this critical sector between legitimate sovereign policies seeking to protect the public interest and the legitimate expectations of investors?

Moderator: Sylvia Noury, Conference Co-Chair

Panelists:

• R. Doak Bishop, King & Spalding LLP, Houston
• Juan Carlos Boué, Senior Fellow, Oxford Institute for Energy Studies and former Special Advisor to the Venezuelan Minister of Energy and Petroleum, Oxford
• Kate Brown de Vejar, Curtis, Mallet-Prevost, Colt & Mosle S.C., Mexico City
• E. Ned Mojuetan, General Counsel, Chevron Africa and Latin America Exploration and Production Company, Houston

12:00 pm

Luncheon

A Conversation with

David R. Haigh, Q.C.
Burnet, Duckworth and Palmer LLP
Calgary

Interviewed by

Prof. Margaret L. Moses
Loyola University Chicago School of Law
Chicago

This interview 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.

2:00 pm

2017 Year in Review: The Top 10 Developments in International 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 2017, and will attempt to identify the ten special rulings and industry trends that will have the most important influence on energy arbitration in 2018 and beyond.

• Laurence Shore, BonelliErede, Milan

2:40 pm

Coffee Break

3:00 pm

Corporate Counsel Roundtable: Energy Disputes from the Client Perspective

Corporate counsel will discuss and share their views with regard to the importance of international arbitration for their internal clients/companies including the importance of selection of legal seat, the impact of selection of governing law and arbitral institution and rules, the importance of treaty protection and the challenging nature of the ‘bargain’ with host governments in a low-price environment.

Moderator: Mimi Lee, Conference Co-Chair

Panelists:

• Kimberly R. Phillips, Associate General Counsel, Global Litigation – Americas, Shell Oil Company, Houston
• Laura M. Robertson, Senior Vice Chair of IEL, Deputy General Counsel, Litigation and Arbitration, ConocoPhillips Company, Houston
• Tomasz J. Sikora, Counsel, International Disputes, Exxon Mobil Corporation, Houston
• Carter L. Williams, Lead Counsel, LEG DPUSA, Statoil Gulf Services LLC, Houston

3:50 pm

Emergency Arbitrators and Emergency Arbitration

Recent reforms in institutional arbitration rules have the potential to make emergency and interim relief a further and powerful benefit of arbitration, and may be particularly welcome in international energy disputes. However, realizing this benefit in practice requires careful preparation and persistent cooperation among drafters, counsel, arbitrators and institutions. This panel will look at the necessary contributions and potential obstacles faced by each of these participants in the process, with an emphasis on energy arbitrations.

Moderator: Alexis Mourre, President, ICC International Court of Arbitration, Paris

Panelists:

• Mark Levy, Allen & Overy LLP, London
• Marek Krasula, Counsel, ICC International Court of Arbitration, SICANA Inc., New York
• Ann Ryan Robertson, Locke Lord LLP, Houston

5:00 pm

Closing Remakrs

5:10-6:30 pm

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.

CLE Credit

This program is approved by the State Bar of Texas for 7.0 hours, no ethics. Course ID Number: 928830400. 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 Hilton Houston Post Oak, 2001 Post Oak Boulevard, Houston, TX 77056. Registrants should call 1.800.445.8667 and advise them of room block "ITA " to receive a reduced room rate of $159 + applicable taxes/night.   The last day to obtain this special rate is January 2, 2018.

BOOK HOTEL ONLINE

Sponsorship Opportunities

Conference Dinner - $15,000 as exclusive sponsor or $4,000 as general sponsor at TBD (up to four sponsors max) - SOLD OUT

• Exposure to ITA, IEL and ICC constituents
• Recognition as a sponsor of the Joint Conference Dinner on the conference website, in the brochure, in e-marketing and at the conference
• 3 free Joint Conference registrations (all events) and 2 discounted registrations (20% off)
• 2 complimentary guests at the Reception and Dinner
• 1 exhibition table for promotional materials
• Name/logo on the conference website with link to company page
• Opportunity to provide promotional gifts in conference bags

Conference Luncheon - $10,000 as exclusive sponsor or $3500 as general sponsor (up to three sponsors max) - SOLD OUT

• Exposure to ITA, IEL and ICC constituents
• Recognition as a sponsor of the Luncheon on the conference website, in the conference brochure, in e-marketing and at the conference
• 2 free Joint Conference registrations (all events) and 1 discounted registration (20% off)
• 2 complimentary guests at the Luncheon
• 1 exhibition table for promotional materials
• Name/logo on the conference website with link to company page

Canvas Bag - $9000 as exclusive sponsor or $3,000 as general sponsor (up to three sponsors max) - SOLD OUT

• Exposure to ITA, IEL and ICC constituents
• Recognition as a sponsor of the Canvas Bag on the conference website, in the conference brochure, in e-marketing and at the conference
• 2 free Joint Conference registrations (all events) and 1 discounted registration (20% off)
• 1 exhibition table for promotional materials
• Name/logo on the conference website with link to company page

WiFi Sponsorship - $5,000 as exclusive sponsor - SOLD OUT

• Company/Firm Name as wifi code for conference
• Exposure to ITA, IEL and ICC constituents
• Recognition as wifi sponsor on the conference website, in the conference brochure, in e-marketing and at the conference
• 2 free Joint Conference registrations (all events) and 1 discounted registration (20% off)
• 1 exhibition table for promotional materials
• Name/logo on the conference website with link to company page

Welcome Reception - $7,000 as exclusive sponsor or $2,500 as general sponsor (up to three sponsors max) - SOLD OUT

• Exposure to ITA, IEL and ICC constituents
• Recognition as a sponsor of the Welcome Reception on the conference website, in the conference brochure, in e-marketing and at the conference
• 1 free Joint Conference registration (all events) and 1 discounted registration (20% off)
• 2 complimentary guests at the Welcome Reception
• Space for promotional materials
• Name/logo on the conference website with link to company page

Conference Coffee Breaks - $6,000 as exclusive sponsor or $2500 as general sponsor (up to three sponsors max) - SOLD OUT

• Exposure to ITA, IEL and ICC constituents
• Recognition as a sponsor on the conference website, in the conference brochure, in e-marketing and at the conference
• 2 discounted conference registrations (20% off)
• Space for promotional materials at the conference
• Name/logo on the conference website with link to company page

Young Lawyers Roundtable - $2,500 (up to three sponsors max) - 2 AVAILABLE
Presented by the Young ITA, the IEL Young Energy Professionals and the ICC Young Arbitrators Forum

• Exposure to ITA, IEL and ICC constituents
• Recognition as a sponsor of the Roundtable on the conference website, in the conference brochure, in e-marketing and at the conference
• 1 free Joint Conference registration (all events)
• 1 complimentary guest at the Welcome Reception
• Space for promotional materials at the Roundtable
• Name/logo on the conference website with link to company page

Young Lawyers Networking Reception - $2,000 (up to three sponsors max)  - 2 AVAILABLE
Presented by the Young ITA, the IEL Young Energy Professionals and the ICC Young Arbitrators Forum

• Exposure to ITA, IEL and ICC constituents
• Recognition as a sponsor of the Young Lawyers Networking Reception on the conference website, in the conference brochure, in e-marketing and at the conference
• 1 free Joint Conference registration (all events)
• 1 complimentary guest at the Young Lawyers Networking Reception
• Space for promotional materials
• Name/logo on the conference website with link to company page

Exhibitor - $2,000

• Exposure to ITA, IEL and ICC constituents
• Space for promotional materials at the conference
• Name/logo on the conference website with link to company page

Other Information

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