International Arbitration as a Tool in Effective Risk …International Arbitration as a Tool in...

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International Arbitration as a Tool in Effective Risk Management London – 19 April 2007 Mandarin Oriental Hyde Park Hotel Kirkpatrick & Lockhart Preston Gates Ellis LLP 1400 LAWYERS ON THREE CONTINENTS Corporate counsel from leading companies, arbitrators, representatives of arbitral institutions and arbitration practitioners will explore issues facing executives and corporate counsel with responsibility for managing international arbitrations. Topics will include: • When is arbitration the right choice? What makes an effective arbitration clause? • Controlling costs and reducing delay in international arbitration • Innovative ways to manage document disclosure • The role of mediation in arbitration • Hot issues in Asian arbitration How to manage political risk, including an overview of the protections offered by Investment Treaties Panellists will include: Corporate counsel from DuPont, Sapient, Eni and CEMEX Leading arbitrators and mediators from Europe, the U.S.A. and Asia A representative of the ICC Task Force on reducing costs and delay in arbitration The Secretary General of the Hong Kong International Arbitration Centre • PricewaterhouseCoopers — commissioners of a recent survey on corporate attitudes and practices in international arbitration Leading counsel from Brick Court Chambers, Matrix Chambers and Keating Chambers, London

Transcript of International Arbitration as a Tool in Effective Risk …International Arbitration as a Tool in...

Page 1: International Arbitration as a Tool in Effective Risk …International Arbitration as a Tool in Effective Risk Management London – 19 April 2007 Mandarin Oriental Hyde Park Hotel

International Arbitration as a Tool in Effective

Risk ManagementLondon – 19 April 2007

Mandarin Oriental Hyde Park Hotel

Kirkpatrick & Lockhart Preston Gates Ellis LLP

1400 LAW YERS ON THREE CONT INENTS

Corporate counsel from leading companies, arbitrators, representatives of arbitral institutions and arbitration practitioners will explore issues facing executives and corporate counsel with responsibility for managing international arbitrations.

Topics will include:• When is arbitration the right choice?

• What makes an effective arbitration clause?

• Controlling costs and reducing delay in international arbitration

• Innovative ways to manage document disclosure

• The role of mediation in arbitration

• Hot issues in Asian arbitration

• How to manage political risk, including an overview of the protections offered by Investment Treaties

Panellists will include:• Corporate counsel from DuPont, Sapient,

Eni and CEMEX

• Leading arbitrators and mediators from Europe, the U.S.A. and Asia

• A representative of the ICC Task Force on reducing costs and delay in arbitration

• The Secretary General of the Hong Kong International Arbitration Centre

• PricewaterhouseCoopers — commissioners of a recent survey on corporate attitudes and practices in international arbitration

• Leading counsel from Brick Court Chambers, Matrix Chambers and Keating Chambers, London

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Jack Boos - Partner in K&L Gates’ San Francisco office, focusing on U.S. and international business litigation, arbitration and mediation and international claims. Jack has served extensively as both arbitrator and counsel.

David Burt - Corporate Counsel, DuPont, USA. David’s practice centres on litigation, international arbitration (in the U.S., Asia and Europe) and other forms of ADR.

Wing L. Cheung - Consultant to K&L Gates’ Hong Kong office focusing on arbitration and litigation and copyright piracy.

Martha Dawson - Partner in K&L Gates’ Seattle office. Martha co-leads K&L Gates’ unique practice group dedicated to review and management of records, including electronic documents (the e-Discovery Analysis and Technology Group).

Rocio Peña Echarri - International Legal Counsel, CEMEX S.A.B de C.V., Madrid, for Europe, the Middle East and Africa.

Paolo Formica - General Counsel, Exploration and Production Division, Eni SpA, Rome.

Matthew Forsyth - General Counsel, Sapient (Europe).

Michael S. Greco - Partner in K&L Gates’ Boston office and the Immediate Past President of the 414,000 member American Bar Association, with extensive experience as trial counsel, arbitrator and mediator.

Jane Harte-Lovelace - Partner and Solicitor Advocate in K&L Gates’ London Office. Jane leads the Insurance Coverage Group in the London Office.

James Hudson - Partner in K&L Gates’ London office, focusing on construction and engineering related disputes. James is a TeCSA-accredited adjudicator and a CEDR-accredited mediator.

Dr. Eberhardt Kühne - Partner in K&L Gates’ Berlin office, focusing on international corporate transactions as well as arbitration and other forms of dispute resolution.

Gerry Lagerberg - Partner in the forensic services team of PricewaterhouseCoopers LLP (London), commissioners of a recent survey on corporate attitudes and practices regarding international arbitration.

Christopher Lau - Senior Counsel, Singapore. Leading arbitrator in the Asia Pacific region, with regular appointments by the ICC, SIAC, LCIA and HKIAC, amongst others.

Panel 1 - When is arbitration the right choice?

Topics

• Corporate attitudes and practices towards international arbitration

• Update on key influencing factors in deciding whether to arbitrate

• Getting your arbitration clause right

Panel 2 - Controlling costs and reducing delay

Topics

• The recommendations of the ICC Task Force on controlling time and costs in arbitration

• Innovative ways to manage document disclosure

Panel 3 - The role of mediation in arbitration

Topics

• The case for classic mediation by a third-party neutral

• The case for tribunal conciliation

Panellists

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Schedule08:30 Registration (coffee/

pastries)

09:00 Welcome - Ian Meredith

09:10 Panel1-Whenisarbitrationtherightchoice?

10:00 Coffee

10:15 Panel2-Controllingcostsandreducingdelay

11:15 Innovative ways of managing document disclosure - Martha Dawson

11:45 Coffee

12:00 Panel3-Theroleofmediationinarbitration

13:00 Lunch

14:00 Panel4-HotissuesinAsianarbitration

15:15 Coffee

15:30 Panel5-Managingpoliticalrisk

16:45 Closing comments - Michael S. Greco

16:55 Close

17:00 Champagne Reception

Panel 4 - Hot issues in Asian arbitration

Topics

• An overview of topical issues across the Asia region

• Factors driving the growth of Singapore and Hong Kong as regional centres for arbitration

• Enforcement issues across Asia including within the PRC

• The Asian dispute resolution culture

Panel 5 - Managing political risk

Topics

• A review of the growth of ICSID / Investment Treaty Arbitration

• A claimant’s perspective on Investment Treaty claims

• Commercial and other forms of political risk coverage

• How to structure deals to take advantage of Investment Treaty protection

John Magnin - Partner and Solicitor Advocate in K&L Gates’ London office. John leads the firm’s UK Dispute Resolution & Litigation Practice Group.

Ian Meredith - Partner in K&L Gates’ London office and the firm’s Arbitration Group. Ian is a Fellow of the Chartered Institute of Arbitrators and a CEDR-accredited mediator.

Peter Morton - Partner in K&L Gates’ London office, focusing on commercial arbitration and litigation, and member of the Chartered Institute of Arbitrators.

Richard Paciaroni - Partner in K&L Gates’ Pittsburgh office, focusing on construction litigation and arbitration.

Ian Pennicott QC - Member of Keating Chambers (London), specialising in construction, engineering, energy and professional negligence work in the U.K. and abroad, particularly in the Far East. Mr. Pennicott is a member of the Chartered Institute of Arbitrators, and accredited adjudicator and member of the Hong Kong Bar.

Professor Philippe Sands QC - Member of Matrix Chambers (London), Professor of Law and Director of the Centre of International Courts and Tribunals at University College London. Professor Sands has acted for Claimant and Respondent in many ICSID and investment disputes and is listed on the ICSID Panel of Arbitrators.

Clare Tanner - Associate in K&L Gates’ London office, focusing on commercial litigation and arbitration, and a member of the Chartered Institute of Arbitrators.

Christopher To - Secretary-General, Hong Kong International Arbitration Centre.

Professor John Uff CBE QC - Member of Keating Chambers (London), a Vice-President of the London Court of International Arbitration and President of the Society of Construction Arbitrators. Professor Uff is a member of the ICC Task Force on Reducing Time and Costs in Arbitration.

William Wood QC - Member of Brick Court Chambers (London) and a leading commercial, CEDR-accredited mediator.

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K&L Gates comprises approximately 1,400 lawyers in 22 offices located in North America, Europe and Asia, and represents capital markets participants, entrepreneurs, growth and middle market companies, leading FORTUNE 100 and FTSE 100 global corporations and public sector entities. For more information, please visit www.klgates.com.

K&L Gates comprises multiple affiliated partnerships: a limited liability partnership with the full name Kirkpatrick & Lockhart Preston Gates Ellis LLP qualified in Delaware and maintaining offices throughout the U.S., in Berlin, and in Beijing (Kirkpatrick & Lockhart Preston Gates Ellis LLP Beijing Representative Office); a limited liability partnership (also named Kirkpatrick & Lockhart Preston Gates Ellis LLP) incorporated in England and maintaining our London office; a Taiwan general partnership (Kirkpatrick & Lockhart Preston Gates Ellis) which practices from our Taipei office; and a Hong Kong general partnership (Kirkpatrick & Lockhart Preston Gates Ellis, Solicitors) which practices from our Hong Kong office. K&L Gates maintains appropriate registrations in the jurisdictions in which its offices are located. A list of the partners in each entity is available for inspection at any K&L Gates office.

This publication/newsletter is for informational purposes and does not contain or convey legal advice. The information herein should not be used or relied upon in regard to any particular facts or circumstances without first consulting a lawyer.

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RegistrationPlease indicate if you wish to join in person or via webcast by sending an e-mail [email protected] or by telephoning Kathie Lowe at +44 (0)20 7360 8248.

Alternatively you can register online by visiting the Events page at www.klgates.com.

5.5 CPD points available

WebcastWith access to an Internet-enabled PC and telephone line you will be able to join any of our sessions in real-time. You can listen to the panel members as they give their presentations, follow their Powerpoint slides on screen and email questions or comments to put to the speakers. You will have online access to our delegate pack, enabling you to download notes or contact details that are of particular interest to you or your business.