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Who's Who Legal Future Leaders: Arbitration Conference USA

Thursday, 14 November 2019
13:30 - 18:00
1501 K Street, N.W. Washington, D.C. 20005

Who’s Who Legal and Global Arbitration Review are pleased to join forces and present the Future Leaders: Arbitration Conference in its inaugural edition in the USA. Future leaders in arbitration from across the continent come together to examine evolving trends and practices in the space, including within investor-state disputes and discovery in aid of arbitration under 28 USC §1782. Are we trending toward more or less discovery for use in international arbitration proceedings? What do practitioners need to know in order to be ready for a new era of treaty reform, particularly with consideration of social issues and human rights, and how they intersect with investment treaty arbitration? The day concludes with a fireside chat featuring Lucinda Low, with whom we will discuss the future of arbitration and how you can prepare for it.

 

This event is expected to include an audience of private and independent practitioners, funders, expert witnesses and in-house counsel from across the Americas, allowing attendees to connect with and learn from like-minded individuals over networking breaks. The event has also been submitted for approval for Continuing Legal Education (CLE) hours. Depending on the specific state rules, regulations, and restrictions, the projected CLE credits awarded could be up to 3 hours.

 

CLE credits

Who’s Who Legal Future Leaders: Arbitration Conference USA has been submitted for approval for Continuing Legal Education (CLE) hours. Depending on the specific state rules, regulations, and restrictions, the projected CLE credits awarded could be up to 3 hours.

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+44 20 3780 4282
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Featured Speakers view all


Venue partner view all


Speakers' dinner host


Supporting organisations


Featured Speakers


Marinn Carlson

Sidley Austin LLP

All Speakers


Meriam Al-Rashid

Dentons US LLP

James P Duffy IV

Reed Smith LLP

Lucinda A Low

Steptoe & Johnson LLP

Patrick W Pearsall

Jenner & Block LLP

Borzu Sabahi

Curtis Mallet-Prevost Colt & Mosle LLP

Mallory B Silberman

Arnold & Porter

Dan Tan

Dan Tan Law

Venue partner


Speakers' dinner host


Supporting organisations


Programme

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13.30: Welcome coffee and registration

14.00: Chairs’ opening remarks

 

Marinn Carlson, Sidley Austin
Erica Franzetti, Dechert

14.10: Session one: Investor-state disputes – a new dawn in treaty reform?

 

A new generation of investment treaties will likely mean new investor-state disputes, and new challenges therein. The USMCA – still to be ratified by the three governments involved – will present a new angle to be considered, and we will come to have a more rounded understanding of the CPTPP now that it is in force. But what do practitioners need to know in order to be ready for a new era? This panel will look at potential obstacles and issues facing investor-state disputes, including:

  • Social issues and human rights and their intersection with investment treaty arbitration
  • Environmental law and climate change, including efforts to foster green investments
  • Expanding use of counterclaims by States - what impact do they have on arbitral decisions, damages sought and won, and other aspects of proceedings?
  • Addressing allegations of corruption, including standards of proof, public policy arguments, and potential sanctions
  • The impact of political forces, including economic nationalism, on investment disputes and arbitrations
  • Overhauls, renegotiations, and terminations of States’ investment treaty portfolios

Moderator:
Erica Franzetti, Dechert

 

Panel:
Mallory Silberman, Arnold & Porter Kaye Scholer
Meriam Al-Rashid, Dentons
Borzu Sabahi, Curtis Mallet-Prevost Colt & Mosle
Patrick Pearsall, Jenner & Block

15.25: Coffee break

15.55: Session two: Discovery in aid of arbitration under 28 USC §1782

 

The process of obtaining information in the United States in aid of international arbitrations using 28 USC §1782 is continuing to evolve, as district and appellate courts have now spent 15 years implementing the US Supreme Court’s 2004 decision in the Intel v AMD case. What is the current state of play, and are we trending toward more or less discovery for use in international arbitration proceedings? Are the answers different for commercial arbitrations and investment treaty arbitrations? Will GDPR and corresponding domestic laws on data protection have an impact on such requests? This panel will provide an update on the law and dive into practical topics such as:

  • How have arbitrators and counsel tried to use the framework of §1782 and Intel v AMD in innovative and interesting ways?
  • What kinds of discovery have been most often granted, and have they been useful?
  • How have counsel managed the relationship between discovery rights in the arbitration, and §1782 discovery outside the arbitration? Do you have to have a tribunal’s blessing to turn to §1782, and/or can it be used as a second bite at the tribunal’s own document production decisions?
  • What do (and should) clients think about expanding the dispute to another “battlefield” via §1782 discovery?

Panel:
Emma Lindsay, Withers WorldWide
Dan Tan, Dan Tan Law
James P. Duffy IV, Reed Smith

16:55: Fireside chat with Lucinda Low

 

In this interview style session, we will pick the brains of leading practitioner Lucinda Low as to the future of arbitration, and how you can prepare for it.

 

Interviewer:
Marinn Carlson, Sidley Austin

17.40: Chairs’ closing remarks

 

Marinn Carlson, Sidley Austin
Erica Franzetti, Dechert

17.50 onwards: All delegates are invited to attend a drinks reception kindly sponsored by Sidley Austin

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Venue

1501 K Street, N.W. Washington, D.C. 20005

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Registration

Ticket Pricing

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PRIVATE PRACTITIONER

Type Price
Early $300

 

Standard

 

$400

 

 

 

 

 

 

 

 

IN-HOUSE/GOVERNMENTAL

Type Price
Standard Complimentary

 

 

 

 

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