Transnational Arbitration

6th ITA-IEL-ICC Joint Conference on International Energy Arbitration

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Houston, Texas, USA

Past Event

MCLE Credit available

Hilton Houston Post Oak
2001 Post Oak Blvd.
Houston, TX 77056

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Registrar: +1.972.244.3403
ITA: +1.972.244.3414
IEL: +1.972.244.3421
Fax: +1.972.244.3401
E-Mail: ita@cailaw.org or iel@cailaw.org

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.

The ITA, IEL and ICC combine again to present their 6th 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

Andrew T. Clarke
General Counsel
ExxonMobil International Ltd.
Surrey, United Kingdom
Samaa A. Haridi
Hogan Lovells US LLP
New York, NY, USA
Allan B. Moore
Covington & Burling LLP
Washington, D.C., USA

Schedule and Faculty

International Arbitration stands at a cross roads, and the energy industry will be fundamentally affected by the choices made over the future direction of this form of dispute resolution and its place in the international order. This conference will cover key challenges that arbitration faces, the opportunities and challenges that will flow for the arbitration community and actors in the energy sector who rely on it, and the implications for international cross-border commerce and international investment.  Drawing on a broad and international cast of experts, the conference will tease out the conflicting perspectives that are being considered and map out future paths international arbitration may follow.

Thursday, January 24

2:30 pm


Registration

3:00 pm


Welcome

  • Joseph E. Neuhaus, ITA Chair, Sullivan & Cromwell LLP, New York
  • Alexis Mourre, President, ICC International Court of Arbitration, Paris
  • David M. Castro, IEL Chair, The Woodlands, Texas

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:

  • Elizabeth McKee Devaney, Young ITA Vice Chair, Senior Corporate Counsel - Litigation, Occidental Petroleum Corporation, Houston
  • Floriane Lavaud, Representative, ICC Young Arbitrators Forum (YAF), Debevoise & Plimpton, New York
  • Krystal Pfluger Scott, Representative, IEL Young Energy Professionals (YEP), Jones Walker LLP, Houston

3:15 pm


Spotlight on Russia: Energy-Related Disputes

Russia is poised to continue to be a major player in energy-related disputes. This panel will discuss Russia’s response to arbitral awards rendered in the past few years, potential and existing disputes with Ukraine, and potential for disputes related to partnerships with U.S. and Europe.

Moderator: Floriane Lavaud, Debevoise & Plimpton, New York

Panelists:

  • Laura Hardin, Managing Director, Alvarez & Marsal, Houston
  • Tomas Vail, White & Case, London
  • Thomas Voisin, Quinn Emanuel Urquhart & Sullivan LLP, Paris

4:10 pm


Technology and International Arbitration: Evidentiary Issues and Technology in International Disputes

Various rules limit how information may be introduced in arbitration, and these rules change as technology advances. This panel, which comprises an arbitrator, an international disputes lawyer, and an in-house attorney, will discuss innovative technology and its impact on the practice of arbitration. The panel will provide best practices related to technology and its impact on evidentiary collection, review, and use in arbitration.

Moderator: Krystal Pfluger Scott, Jones Walker LLP, Houston

Panelists:

  • Thomas Stouten, Houthoff, Amsterdam
  • Stephanie Cohen, Independent Arbitrator, New York
  • Elizabeth McKee Devaney, Senior Corporate Counsel - Litigation, Occidental Petroleum Corporation, Houston

5:00 pm


Adjourn

5:00-6:30 pm


Welcome Reception at the Hilton Houston Post Oak Hotel

7:00-9:00 pm


Joint Conference Dinner

Optional for all Joint Conference registrants, faculty and sponsors
Maggiano's Little Italy
2019 Post Oak Blvd.

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

Friday, January 25

8:00 am


Registration and Continental Breakfast

9:00 am


Welcome Back

Conference Co-Chairs

  • Andrew T. Clarke, General Counsel, ExxonMobil International Limited, England
  • Samaa A. Haridi, Hogan Lovells US LLP, New York
  • Allan B. Moore, Co-Chair, Energy Industry Group and former Co-Chair, International Arbitration Group, Covington & Burling LLP, Washington

9:15 am


Keynote Address

  • Eileen Akerson, Executive Vice President and General Counsel, KBR, Inc., Houston

9:45 am


The Future of Investor State Dispute Settlement and the Implications for the Energy Industry

The use of international arbitration as the key mechanism in ISDS is under concerted attack with significant implications for cross-border energy investments. What is driving this rhetoric and is it justified? Is Civil Society opposition to ISDS related to the resurgence of resource nationalism in Africa, or is it another aspect of sovereign states wanting to ‘take back control’? Are international investment courts the solution, or just new problem for investors? These issues are being discussed in many venues, but will the proposed solutions bring the foreign direct investment needed to solve the real issues the world faces, or actually undermine it?

Moderator: Andrew T. Clarke, General Counsel, ExxonMobil International Limited, England

Panelists
:

  • Prof. Peter Cameron, Director, Centre for Energy, Petroleum and Mineral Law & Policy, University of Dundee, Dundee, Scotland
  • Tim Foden, Lalive, London
  • Alexis Mourre, President, ICC International Court of Arbitration, Paris
  • Prof. Marike Paulsson, Albright Stonebridge Group, Washington, D.C.; University of Miami School of Law, Miami
  • Baiju S. Vasani, Jones Day, London

11:00 am


Coffee Break

11:30 am


Climate Considerations in Energy Disputes: Is the Paradigm About to Shift?

Climate issues in energy disputes have generally been the domain of activists and NGOs. That may be about to change, as technological developments, business incentives, and policy considerations provoke the energy industry and the world at large to focus, in newer and ever more sophisticated ways, on climate considerations. This panel will explore whether and how the climate paradigm in energy disputes may soon shift (and how practitioners may need to adapt) to move "beyond climate activism" into a new era, where "commercialized climate considerations" may cause new and different disputes, players, and issues to emerge.

Moderator: Allan B. Moore, Covington & Burling LLP, Washington

Panelists:

  • Wendy Miles QC, Debevoise & Plimpton LLP, London
  • Tim L. Moorehead, Managing Counsel, Litigation & Disputes, BP America Inc., Houston
  • Carol M. Wood, Chair, Toxic Tort and Environmental Disputes Group, King & Spalding LLP, Houston

12:30 pm


Luncheon Interview

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.

A Conversation with

Carolyn Lamm
White & Case LLP
Washington, D.C.

Interviewed by

Meg Kinnear
Secretary-General, International Centre for Settlement of Investment Disputes (ICSID)
Washington, D.C.

2:30 pm


2018 Year in Review: The Top 10 Developments in International Energy Arbitration

This presentation will highlight recent arbitration matters in the energy sector. We will look back at an exhausting 2018 and focus as we do every year on the ‘top ten’ rulings and trends. We will then attempt to steel ourselves for what may come in 2019 as we travel the widening gyre toward a new future.

  • Patrick W. Pearsall, Jenner & Block, Adjunct Professor of International Law at Georgetown University, and former chief of investment arbitration, US State Department, Washington D.C.

3:05 pm


Coffee Break

3:35 pm


Trendlines in Energy Disputes - What is Next?

This panel will explore recent developments in energy disputes, with a particular focus on the trend to contractualize energy disputes and seek out their resolution before private commercial fora. The panel will also discuss the key industries at the centre of recent disputes, and the impact of a perceived shift from fixed long-term oil & gas contracts towards “on the spot” market opportunities, and the increase in commercial disputes relating to cancelled commodity infrastructure projects, among other topics.

Moderator: Samaa A. Haridi, Hogan Lovells US LLP, New York

Panelists:

  • Niuscha Bassiri, Hanotiau & van den Berg. Brussels
  • Julie Bédard, Skadden Arps, New York
  • Jung Lee, Director, Litigation, Corporate & Compliance, Encana Corporation, Calgary
  • Constantine Partasides QC, Three Crowns, London

4:45 pm


Closing Remarks

5:00 pm


Adjourn

5:00-6:30 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 6.25 hours, no ethics. Course ID Number: 174037519. 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 "CAI" to receive a reduced room rate of $160 + applicable taxes/night. Rooms are reserved for the nights of Jan 24 -25, 2019; as long as the block has not sold out. The last day to obtain this special rate is January 2, 2019.

BOOK HOTEL ONLINE

Sponsorship Opportunities

Conference Dinner - $15,000 as exclusive sponsor or $4,000 as general sponsor (up to six 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 four 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 - $9,000 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 four 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

Conference Breakfast - $4,000 as exclusive sponsor - 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)
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) and 1 discounted registration (20% off)
  • 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)
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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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.

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