30th Annual ITA Workshop and Annual Meeting

Multiple Proceedings, Multiple Parties, and International Arbitration: What a Tangled Web We Weave

- in Dallas, Texas, USA

Westin Galleria
13340 Dallas Parkway
Dallas, Texas 75240

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Registration Open

Credits:MCLE Credit will be available

Overview

The ITA Workshop, held in Dallas on the third Thursday in June every year since 1989, is widely recognized as the leading conference in the field in the United States. As one participant summarized succinctly, “It is the forum in which legitimate top practitioners gather annually. Thus, the topics are sophisticated, the networking is legitimate, and the social element is valuable.” The Workshop now begins on the preceding Wednesday afternoon, with membership meetings and activities continuing into the following Friday.

At the conclusion of the Workshop on Thursday evening, members of the ITA Advisory Board, the Workshop faculty and their guests mix a bit of business with pleasure at the Advisory Board Annual Dinner. On Friday morning, members of the Advisory Board, Academic Council, ITAAR Board of Reporters, ITAFOR Moderators and Contributors, and the Workshop faculty reassemble for the annual open discussion ITA Forum and other membership activities.

Download the Brochure (pdf)

For more details, download the online brochure.

Conference Co-Chairs

Jean-Christophe Honlet
Dentons
Paris, France
Prof. Frédéric G. Sourgens
Associate Professor of Law
Washburn University School of Law
Topeka, KS
Erica Stein
Dechert LLP
Brussels, Belgium

Schedule and Faculty

Introduction to the Workshop

In this year’s annual program, the ITA will explore the most important challenges that arise from disputes where international arbitration operates in a complex web of multiple proceedings and multiple parties.  In a series of lectures, debates, panels and mock scenarios, leading international dispute resolution experts from around the world will seek to identify the real life problems caused by such complex procedures and propose viable solutions as to how they can be mitigated or resolved. With active involvement from all participants, the Workshop aims to add an important voice to the most pressing issues facing international arbitration today.

Wednesday, June 20

3:00 pm


Registration

3:30 pm


Welcome to the Workshop

  • Abby Cohen Smutny, Chair, ITA Advisory Board, White & Case, Washington, DC

Dallas Roundtable

Presented by the YOUNG ITA

3:40 pm


Welcome to the Roundtable and Introductions

  • Silvia Marchili, Chair, Young ITA, King & Spalding, Houston

3:45 pm


Human Rights and Environmental Disputes in International Arbitration

Do international arbitration proceedings provide suitable setting to address human rights and environmental concerns? Should the scope of international treaties and arbitration rules be broadened to include third parties bringing claims for violations of human and environmental rights? What would be the intended and unintended consequences on the international arbitration system as we know it? A diverse panel of experts will grapple with these challenging questions.

Moderator: Crina Baltag, Young ITA Thought Leader Chair, University of Bedfordshire, Department of Law and Finance, Luton

Speakers:

  • Robert Reyes Landicho, Young ITA Communications Chair, Vinson & Elkins LLP, Houston
  • Laura Sinisterra, Young ITA Mentorship Chair, Debevoise & Plimpton LLP, New York
  • Lorraine de Germiny, LALIVE, Geneva

4:35 pm


A Tour Around the Arbitration World

The newly minted Young ITA Regional Chairs will present on recent developments in international arbitration in their respective jurisdictions. In an interactive discussion, our panelists will identify global trends and discuss the intricacies of practicing international arbitration across the globe.

Moderator: James Egerton-Vernon (USA), Jones Day, Washington, DC

Panelists:

  • Rocío Digón (Continental Europe), Yale University School of Law, Paris
  • Pedro Guilhardi (Brazil), Nanni Advogados, São Paulo
  • Karima Sauma (Mexico & Central America), International Center for Conciliation and Arbitration (AmCham Costa Rica), San Jose
  • Aditya Singh (Asia), White & Case Pte. Ltd., Singapore
  • Chinedum Umeche (Africa),‎ Banwo & Ighodalo, Lagos
  • Tomas Vail (United Kingdom), White & Case LLP, London

5:25 pm


Closing Remarks

5:30-6:30 pm


Workshop Welcome Reception

7:00-9:00 pm


Workshop Dinner (optional)
III Forks Steakhouse

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

Thursday, June 21

8:00 am


Registration and Continental Breakfast

9:00 am


Welcome Back

  • Abby Cohen Smutny, Chair, ITA Advisory Board

9:05 am


Introduction to the Program and Keynote

  • Jean-Christophe Honlet, Workshop Co-Chair

9:10 am


Keynote: Coordination or Chaos

International arbitration proceedings frequently take place in parallel with other proceedings, before other arbitral tribunals or domestic courts, dealing with a similar or sometimes almost identical subject matter. Professor Gaillard’s keynote speech will explore the notions of comity, lis pendens, anti-suit injunctions and res judicata as possible instruments of coordination among national courts and international arbitral tribunals. More generally, it will address the complex web of relationships between national courts and arbitral tribunals, and two or more arbitral tribunals, both in the context of commercial and investment treaty arbitration.

Keynote Speaker: Prof. Emmanuel Gaillard, Shearman & Sterling, Institut d'études politiques de Paris, Paris

9:40 am


Comments on the Keynote

  • Ricky Diwan QC, Essex Court Chambers, London
  • Jean E. Kalicki, Independent Arbitrator, New York/Washington, D.C.

10:15 am


Mock: Evidence and Equality of Arms in Multi-Arbitration Proceedings

Parties may face significant evidentiary issues in the context of multi-arbitration proceedings. These issues arise particularly when evidence poses different privilege or confidentiality issues in proceedings in which one party appoints the same arbitrator to multiple arbitrations. This session presents a mock procedural hearing to resolve a document disclosure dispute to showcase how such an issue might arise in a case and how a tribunal might approach its resolution.

Introduction of the Mock: Freddy Sourgens, Workshop Co-Chair

Scene 1: Objections and Argument

  • Claimant’s Counsel: Teddy Baldwin, Baker McKenzie, Washington, D.C.
  • Respondent’s Counsel: Montserrat Manzano, von Wobeser y Sierra, Mexico City
  • Tribunal Chair: Hilary Heilbron QC, Brick Court Chambers, London
  • Arbitrator: Prof. Diane Desierto, University of Notre Dame and Philippine Judicial Academy of the Supreme Court of the Philippines, Manila
  • Arbitrator: Lucinda Low, Steptoe & Johnson LLP, Washington D.C.
Scene 2: Deliberations and Decision

Panel Discussion and Audience Q&A

11:30 am


Coffee Break

11:50 am


Coordinating Multiple Dispute Resolution Processes

Multiple dispute resolution processes are increasingly being used, either successively or simultaneously, to resolve today’s disputes, making for an ever-increasing web of actors and decisions. In the commercial sphere, the advent of multi-tiered dispute resolution clauses has, for instance, brought new coordination challenges to the fore. As for the public sphere, States are increasingly building their capacity and willingness to engage in various types of dispute resolution procedures. This session seeks to grapple with coordination issues both from the perspective of parties and from the perspective of mediators, experts and arbitrators.

Moderator: Erica Stein, Workshop Co-Chair

  • Patrick Baeten, Engie, Brussels
  • Anna Joubin-Bret, Director, International Trade Law Division, United Nations Commission on International Trade Law (UNCITRAL), Vienna
  • Prof. Tom Stipanowich, Pepperdine University School of Law, Malibu

12:50 pm


Luncheon

1:25-2:15 pm


Interview

A Conversation with

Claus von Wobeser
Von Wobeser y Sierra, S.C.
Mexico City
With

Andrea K. Bjorklund
L. Yves Fortier Chair in International Arbitration
and International Commercial Law
McGill University Faculty of Law
Montreal

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.

2:30 pm


Res judicata Issues in Commercial and Investment Arbitration

One of the oldest and key problems for the predictability of international dispute resolution arises when multiple tribunals are seized of disputes arising from the same underlying facts or the same tribunal is seized of successive close but not strictly identical requests by the same parties. This problem is compounded by the consensual nature of international arbitration as opposed to court litigation: if parties consent to have this arbitral tribunal resolve this dispute, under what circumstances can the tribunal decline to exercise this jurisdiction on the basis that another or the same tribunal has already made a related decision involving the same or related parties? The panel will review traditional conceptions of the res judicata doctrine and similar doctrines such as claims preclusion in commercial and investment treaty arbitration, discuss how they are applied by arbitral tribunals in practice and whether refinements, simplifications or radically new approaches are needed.

Introduction and Moderator: Jean-Christophe Honlet, Workshop Co-Chair

  • Prof. Chiara Giorgetti, University of Richmond, Richmond
  • James Hosking, Chaffetz Lindsey LLP, New York
  • Prof. Pierre Mayer, Independent Arbitrator, Paris
  • Ana Serra e Moura, Deputy Secretary General, ICC International Court of Arbitration, Paris

3:30 pm


Coffee Break

3:50 pm


Multiple Notions of ‘Party’ in Investor-State Arbitration

In investor-State arbitration, the notion of what constitutes a “party” is becoming ever more complex. From the investor’s perspective, different treaty mechanisms and arbitral jurisprudence have been seen to both expand and contract the definition of a qualified investor. From the State’s perspective, while it is often viewed from the outside as a monolith, it may not actually be so unified internally for purposes of defending its interests in international arbitration. This panel will explore how these multiple notions of “party” manifest themselves in investor-State disputes and how they may impact investment law going forward.

Introduction and Moderator: Erica Stein, Workshop Co-Chair

  • Prof. Ursula Kriebaum, University of Vienna, Vienna
  • Patrick Pearsall, Jenner & Block, Washington, DC
  • Dr. Hanno Wehland, Lenz & Staehelin, Zurich

4:50 pm


Debate: Paying the Same Dollar Twice – Addressing the Risk of Double Recovery in Related Proceedings

One of the thorniest issues to arise from pending related proceedings is the risk that a party could be doubly compensated for the same harm, or have to pay double compensation that it fairly owes to other project participants due to the uncoordinated nature of arbitral proceedings. This panel will directly address this remedies question both in the context of purely commercial proceedings and in the context of the interlocking commercial and investor-state proceedings. The audience will participate in the discussion by means of live voting after exchanges.

Introduction and Moderator: Mark Kantor, Independent Arbitrator, Washington, D.C.

  • Ank Santens, White & Case, New York
  • Diego Gosis, GST LLP, Miami

5:30 pm


Concluding Remarks

  • Abby Cohen Smutny

Other Activities for ITA Advisory Board Members and Guests

Apply for ITA Membership Online

Thurday, June 21

7:45 am


Young ITA Annual Meeting

6:15-9:30 pm


Advisory Board Annual Dinner Meeting
The Dallas Country Club

Friday, June 22

7:45 am


ITA Americas Initiative Annual Meeting

9:00 am


ITA Forum

Special informal Q&A session with UNCITRAL Secretary Anna Joubin-Bret

10:15 am


Break

10:40 am


ITA Forum, continued

The ITA Forum is an informal, off-the-record discussion of current developments and concerns in international arbitration among ITA members, Workshop faculty, and special guests. The agenda for this open discussion is determined by the participants. Please click here to submit your questions or topics in advance for discussion at the Forum.

12:00 pm


Adjourn

Hotel Information

The cost of housing is not included in tuition. However, rooms (in limited number) have been reserved at Westin Galleria Dallas, 13340 Dallas Parkway, Dallas, Texas 75240. Rooms are available the nights of 6/20/18 and 6/21/18 for the event, with limited availability before and after. Registrants should call 1.888.627.8536 and advise that they are attending the “ITA - ANNUAL WORKSHOP 2018” to receive a reduced rate of $199 + tax for a Deluxe Guestroom. The last day to obtain this special rate is May 28, 2018.

BOOK HOTEL ONLINE

Sponsorship Opportunities

ITA Advisory Board Reception and Dinner - $20,000 as exclusive sponsor or $5,000 as general sponsor (up to four sponsors max)
Dallas Country Club

  • Exposure to thousands of ITA constituents
  • Recognition as a sponsor of the Workshop Dinner at the Dinner, on the conference website, in the brochure, in e-marketing, on social media and at the conference
  • 4 complimentary Workshop registrations (all events) and 2 discounted registrations (20% off)
  • Up to 8 complimentary guests at the Dinner
  • One reserved table at the dinner, if desired
  • Name/logo on the conference website with link to company page
  • 1 exhibition table for promotional materials
  • Opportunity to provide promotional gifts in conference bags
  • Post-conference recognition at ITA’s website and in its quarterly News & Notes

Workshop Dinner - $15,000 as exclusive sponsor or $4,000 as general sponsor (up to four sponsors max)
III Forks Steakhouse

  • Exposure to thousands of ITA constituents
  • Recognition as a sponsor of the Workshop Dinner at the Dinner, on the conference website, in the brochure, in e-marketing, on social media and at the conference
  • 3 complimentary Workshop registrations (all events) and 2 discounted registrations (20% off)
  • Up to 4 complimentary guests at the Dinner
  • Name/logo on the conference website with link to company page
  • 1 exhibition table for promotional materials
  • Opportunity to provide promotional gifts in conference bags
  • Post-conference recognition at ITA’s website and in its quarterly News & Notes

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

  • Exposure to thousands of ITA constituents
  • Recognition as a sponsor of the Workshop Luncheon at the luncheon, on the conference website, in the conference brochure, in e-marketing, on social media and at the conference
  • 2 complimentary Workshop registrations (all events) and 1 discounted registration (20% off)
  • Up to 4 complimentary guests at the Luncheon
  • Name/logo on the conference website with link to company page
  • 1 exhibition table for promotional materials
  • Post-conference recognition at ITA’s website and in its quarterly News & Notes

Canvas Bag - $9,000 as exclusive sponsor or $3,000 as general sponsor (up to three sponsors max)

  • Exposure to thousands of ITA constituents
  • Recognition as a sponsor of the Canvas Bag on the conference website, in the conference brochure, in e-marketing, on social media and at the conference
  • 2 complimentary Workshop registrations (all events) and 1 discounted registration (20% off)
  • Name/logo on the conference website with link to company page
  • 1 exhibition table for promotional materials
  • Post-conference recognition at ITA’s website and in its quarterly News & Notes

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

  • Exposure to thousands of ITA constituents
  • Recognition as a sponsor of the Welcome Reception at the reception, on the conference website, in the conference brochure, in e-marketing, on social media and at the conference
  • 1 complimentary Workshop registration (all events) and 1 discounted registration (20% off)
  • 2 complimentary guests at the Welcome Reception
  • Name/logo on the conference website with link to company page
  • Space for promotional materials
  • Post-conference recognition at ITA’s website and in its quarterly News & Notes

Workshop Coffee Breaks - $6,000 as exclusive sponsor or $2,500 as general sponsor (up to three sponsors max)

  • Exposure to thousands of ITA constituents
  • Recognition as a Coffee Breaks Sponsor on the conference website, in the conference brochure, in e-marketing, on social media and at the conference
  • 2 discounted conference registrations (20% off)
  • Name/logo on the conference website with link to company page
  • Space for promotional materials at the conference
  • Post-conference recognition at ITA’s website and in its quarterly News & Notes

WiFi Sponsorship - $5,000 as exclusive sponsor

  • Company/Firm Name as wifi code for the conference
  • Exposure to thousands of ITA constituents
  • Recognition as wifi sponsor on the conference website, in the conference brochure, in e-marketing, on social media and at the conference
  • 2 complimentary Workshop registrations (all events) and 1 discounted registration (20% off)
  • Name/logo on the conference website with link to company page
  • 1 exhibition table for promotional materials
  • Post-conference recognition at ITA’s website and in its quarterly News & Notes

Lanyard Sponsorship - $5,000 as exclusive sponsor

  • Company/Firm Name on one side of the conference name badge lanyard (Conference Title on the other)
  • Exposure to thousands of ITA constituents
  • Recognition as Lanyard Sponsor on the conference website, in the conference brochure, in e-marketing, on social media and at the conference
  • 2 complimentary Workshop registrations (all events) and 1 discounted registration (20% off)
  • Name/logo on the conference website with link to company page
  • 1 exhibition table for promotional materials
  • Post-conference recognition at ITA’s website and in its quarterly News & Notes

Full Page Conference Materials Binder Advertisement - $4,000 as exclusive sponsor - SOLD OUT

  • Full page Company/Law Firm Advertisement on the back of the Conference Materials Binder
  • Exposure to thousands of ITA constituents
  • Recognition as Lanyard Sponsor on the conference website, in the conference brochure, in e-marketing, on social media and at the conference
  • 2 complimentary Workshop registrations (all events)
  • Name/logo on the conference website with link to company page
  • 1 exhibition table for promotional materials
  • Post-conference recognition at ITA’s website and in its quarterly News & Notes

Young ITA Roundtable - $2,500 (up to three sponsors max)

  • Exposure to thousands of ITA constituents
  • Recognition as a sponsor of the Roundtable at the Roundtable, on the conference website, in the conference brochure, in e-marketing, on social media and at the conference
  • 1 complimentary Workshop registration (all events)
  • 1 complimentary guest at the Welcome Reception
  • Name/logo on the conference website with link to company page
  • Space for promotional materials at the Roundtable
  • Post-conference recognition at ITA’s website and in its quarterly News & Notes

Exhibitor - $2,000

  • Exposure to thousands of ITA constituents
  • Name/logo on the conference website with link to company page
  • Space for promotional materials at the conference
  • Post-conference recognition at ITA’s website and in its quarterly News & Notes

Other Information

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: +1.972.244.3403
ITA: +1.972.244.3414
Fax: +1.972.244.3401
E-Mail: ita@cailaw.org

WiFi Sponsor

Lanyard Sponsor

Advisory Board Reception and Dinner Sponsors

Workshop Dinner Sponsor

Conference Materials Sponsor

Hosted Luncheon Sponsors

Canvas Bag Sponsors

Coffee Break Sponsor