issue #05, January 2016
Prepared by TDM

TDM News Digest

provides a condensed overview of recent events of interest to the international arbitration community.

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Recent issues:

News

Events

2018

September 2018

  • OGEMID Virtual Symposium on Artificial Intelligence in International Arbitration
    We are very excited to announce a virtual symposium on Artificial Intelligence (AI) in International Arbitration: "AI in IA." The symposium will run during the week of 24 September 2018. It will consist of a series of posts by a a group of OGEMID members studying the impact of AI in IA, as well as professionals working in the AI world. We are in the midst of a revolution created by artificial intelligence and machine learning. Entire industries -- and indeed society itself -- are being disrupted by this technology. The international arbitration community is not immune: the disruption affects not only IA, but the legal profession and the justice system as a whole. To take just one (important) example, automated decision-making is fast encroaching on the adjudicative functions traditionally performed by arbitrators and judges. The discussion will be led by Eric Chang, Amy Endicott, and Omar Haroun. Moderators: Paul H. Cohen and Sophie Nappert.
    24 September 2018 - 28 September 2018. Online,
    More information is available at the organisers website
  • Colloquium: International Investment Law & Competition Law
    Although international investment law and competition law coexist regularly in international praxis, scholarly analysis largely treats them as parallel universes, and as a result their actual and potential overlap has yet to be sufficiently explored. The Colloquium aims to address this and, to this end, interested academics and practitioners, senior and junior, are invited to submit paper abstracts on the interaction of the two disciplines. The Colloquium is coordinated by Dr Katia Fach Gómez (University of Zaragoza, Faculty of Law), Dr Anastasios Gourgourinis (National and Kapodistrian University of Athens, Faculty of Law; Athens PIL), and Dr Catharine Titi (CNRS and CREDIMI, University of Burgundy). (May 2018: Registration is now open at event website)
    27 September 2018 - 28 September 2018. Zaragoza, Spain,
    More information is available at the organisers website
  • AYA Arbitration Conference 2018: Carving a Niche in the Global Arbitration Practice: Skills and Strategies for Success
    There will be two panel sessions and a networking session during this conference. The first panel is composed of Mr. Tunde Fagbohunlu, SAN (Partner, Aluko & Oyebode), Mr. Bayo Adenipekun, SAN (Managing Partner, Afe Babalola & Co), Mr. Yemi Candide-Johnson, SAN (Managing Partner, Strachan Partners), Ms. Funmi Roberts (Managing Partner, Funmi Roberts & Co), and Mr. Godwin Omoaka (Partner, Templars). The panelists will speak on the theme of the conference. The second panel is composed of Ms. Enobong Ozor (Team Lead, Contracting, Commercial and Non-Environmental Litigation, Shell Nigeria), Nathan Searle (Partner, Hogan Lovells, London), Ms. Chinwe Odigboegwu (Head of Disputes, Coca cola, Nigeria), Hon. Justice Goodluck (ADR Judge, FCT, Abuja), and Dr Khrushchev Ekwueme (Partner, Olaniwun Ajayi LP). The panelists will speak on "Drafting Arbitration Clauses for Commercial and Construction Contracts: the Pitfalls of Adopting Boilerplate Clauses."
    28 September 2018. Lagos, Nigeria,
    More information is available at the organisers website or contact

October 2018

  • Annual International Commercial Arbitration Lecture Series 2018 Speaker: Professor William Park
    The Annual Lecture series brings prominent leaders in international commercial arbitration to discuss pertinent issues before the Washington College of Law and Washington, DC legal community. The lecture is sponsored by Arnold & Porter Kaye Scholer.
    4 October 2018. Washington, D.C., United States,
    More information is available at the organisers website
  • Religion and Ethnicity on the International Bench
    On 4 and 5 October 2018, the third and final conference in the /Identity on the International Bench/ Series is taking place in The Hague, organized by the PluriCourts Centre of Excellence, Oslo University. The aim of this conference is to analyse when and how adjudicators’ identity and, in particular, features relating to religion and ethnicity (including race, language, culture, ancestry and membership of minority groups, among other) may affect the composition of international courts and tribunals, as well as judicial reasoning and decision-making. The conference will also investigate whether the prevalence of certain religious and political backgrounds, ethnic identities and languages, may also have implications for the perceived legitimacy of the international adjudicatory process itself. Deadline for submission of abstracts: 18 July 2018
    4 October 2018 - 5 October 2018. The Hague, The Netherlands,
    More information is available at the organisers website
  • International Arbitration Institute (IAI): Enforcing Arbitral Awards against States
    The event will address the various substantial, procedural and practical issues encountered when seeking to attach a debtor-State's assets, including sovereign immunity, the separate legal personality of State organs and State-owned entities and the procedural hurdles associated with multinational enforcement. The conference will bring together government officials, judges, academics, arbitrators and practitioners.
    4 October 2018 - 5 October 2018. Paris, France,
    More information is available at the organisers website
  • P.R.I.M.E. Finance New York Conference 2018
    On October 4, 2018, P.R.I.M.E. Finance will host its first conference in New York. The conference will take place at White & Case, 1221 Avenue of the Americas. Based in The Hague, P.R.I.M.E. Finance stands for the Panel of Recognized International Market Experts in Finance. The Honorable Shelley Chapman, United States Bankruptcy Judge for the Southern District of New York, will give the keynote address followed by panel discussions featuring many of P.R.I.M.E. Finance experts:
    - Arbitration, Mediation and Specialized Rules for Complex Financial Disputes
    - Structural Change on the Horizon: Brexit and Benchmarks; How Can the Lehman Experience Help Us Prepare for the Next Financial Crisis?
    - Bet-the-Company Litigation Across the Globe: The Importance of Experts and Alternative Forums
    - Ethics for Counsel and Arbitrators in Financial Disputes.
    New York CLE Credit available.

    4 October 2018. New York, USA,
    More information is available at the organisers website or contact P.R.I.M.E. Finance
  • The 5th Meeting of the CEA International Chapters
    Co-organized by the Club Español del Arbitraje (CEA) and the CEA Italian Chapter, the 5th Meeting of the CEA International Chapters, will be held on Friday, October 5th, 2018 in Rome at Villa Aurelia. SPEAKERS and MODERATORS include:; Massimo Coccia; José Antonio Caínzos; Rinaldo Sali; Jesús Pérez de la Cruz Oña; Eléonore Caroit, Lalive, Ginebra; Marco de Benito; Claus Von Wobeser; Alexis Mourre; Mélida N. Hodgson; Thomas Clay; Amaia Rivas Kortazar; Gabriel Bottini; Blanca Gómez de la Torre; Carmen Martínez López; Félix Montero; Fernando Marcondes; Yves Derains; Sofia Martins; Giovanni Pagnacco; Ferdinando Emanuele; Ignacio de Castro; Claudia Frutos-Peterson; Carolina Pina; Javier Fernández-Samaniego; Giulio Palermo; José Daniel Amado; Fernández-Armesto; Martin Doe.
    5 October 2018. Rome, Italy,
    More information is available at the organisers website
  • The Dutch Arbitration Day: Technology and Innovation in International Arbitration
    The Dutch Arbitration Association invites you to the 2018 Dutch Arbitration Day. We will look at the impact of Artificial Intelligence, e-discovery, document automation, legal design, arbitrator intelligence and more. What lies ahead of us? Will new technologies disrupt or enhance the arbitral process? How can we benefit from technology and innovation to make arbitration more efficient, more transparent and less costly? What are the risks and challenges for arbitrators, practitioners and institutes? The programme of this year features, amongst others, key note addresses from Doak Bishop, Senior Partner at King & Spalding and Mathias Strand, Head of Legal at Microsoft Western Europe, followed by panel discussions and workshops including a host of internationally renowned speakers.
    18 October 2018. Amsterdam, The Netherlands,
    More information is available at the organisers website or contact Dutch Arbitration Association, Marc Krestin,
  • ILI Training: 2018 Advanced Oil, Gas, Power, and Sustainable Energy
    Countries face many challenges related to sustainable development of their energy sectors. Governments must adapt policies and legal framework to efficiently develop their natural resources (both conventional and renewable resources); diversify and optimize the energy source mix, address climate change impact and meet INDC requirements, attract capital and expertise to develop the entire energy sector value chain; capture economic rents to pass through energy sector benefits to local communities; ensure optimum local content development; improve linkages to power sector; foster transparency, corporate social responsibility and environmental stewardship... COURSE ADVISORS: Guly Sabahi, independent legal adviser and outside general counsel. Robert Lesnick is an Executive Advisor to businesses and governments seeking to develop projects which expand development and use of natural gas.
    22 October 2018 - 2 November 2018. Washington, D.C., United States,
    More information is available at the organisers website
  • 4th Annual EFILA Lecture: Recalibrating the European Union—International Arbitration Interface - Prof. George A. Bermann
    Prof. George A. Bermann (Columbia University School of Law) will deliver the 4th EFILA Annual Lecture at the Press Club in Brussels. PROGRAMME: * Registration; * Welcome address by Prof. Dr. Nikos Lavranos, Secretary General of EFILA; * Annual Lecture by Prof. George A. Bermann (Columbia University New York); * Q&As and discussion moderated by Kamil Zawicki (co-managing partner, KKG); Drinks. (Registration required. There is a limited number of seats available.)
    25 October 2018. Brussels, Belgium,
    More information is available at the organisers website
  • Thirty First ITF Public Conference: Human Rights in International Investment Law
    As int'l investment tribunals increasingly confront non-investment obligations, academics & practitioners in the field of int'l investment law find it challenging to understand the legal & ethical responsibilities of foreign investments in the area of human rights. Investment tribunals typically do not include experts on int'l human rights law. Moreover, investment treaties are usually silent on human rights issues. This leads to inconsistent decisions violating human rights, the right to regulate of host States, as well as undermining legal certainty. The issues which arise in the context of int'l investment law include the right to health, access to drinking water and justice, as well as the right to property. Each of these principles has different interpretations in domestic legal systems. Issues related to CSR may involve difficult conflicts between national & int'l (incl. the concept of "responsible non-compliance") with domestic laws which breach fundamental int'l law rules.
    26 October 2018. London, UK,
    More information is available at the organisers website

November 2018

  • The 13th Annual Fordham Law School Conference on International Arbitration and Mediation - Facing the Future in International Arbitration: Evolving Issues, Practices and Solutions
    KEYNOTE ADDRESS: Hilary Heilbron QC - The Impact of Cultural and National Differences on Recognised Norms in International Arbitration; TOPICS: * Impact on international arbitration of the EU’s General Data Protection Regulation (GDPR); * ICCA-ASIL web based damages analysis tool; * Public policy exception and the New York Convention; * Corruption and illegality in international arbitration; * Convention on the Enforcement of Mediated Settlement Agreements and Enforceability of consent awards. Conference Co-Chairs: Benno Kimmelman and Edna Sussman.
    2 November 2018. New York, United States,
    More information is available at the organisers website
  • ILI Training: 2018 Foundations of Advanced Arbitration and Mediation
    The seminar comprises the first week of the Advanced Arbitration and Mediation seminar and examines the foundations of arbitration and mediation, including advanced legal issues in international commercial arbitration. Participants will learn the principles of mediation through case studies and practical exercises. The seminar is an indispensable asset to all professionals seeking to strengthen their knowledge of ADR. COURSE ADVISOR: Anne Marie Whitesell is a Professor and Faculty Director of the Program on International Arbitration and Dispute Resolution at Georgetown University Law Center and Director of the ILI Center on Alternative Dispute Resolution. Ms. Whitesell was Secretary General of the ICC International Court of Arbitration from 2001 to 2007. She has practiced with law firms in both the United States and in France and was a lecturer at the Université de Paris I, Panthéon-Sorbonne and the Institut de Droit Comparé.
    5 November 2018 - 9 November 2018. Washington, D.C., United States,
    More information is available at the organisers website
  • ILI Training: 2018 Advanced Arbitration and Mediation
    This course examines the practical applications of arbitration and mediation and discusses advanced legal issues in international commercial arbitration. The second week of the course takes critical focus on developing practical skills and knowledge through a simulated arbitration process. The course is intended for judges, lawyers, non-lawyer professionals who want to understand arbitration and mediation, as well as government officials, judicial officers, officials of judicial and legal training units, and court administrators. COURSE ADVISOR: Anne Marie Whitesell is a Professor and Faculty Director of the Program on International Arbitration and Dispute Resolution at Georgetown University Law Center and Director of the ILI Center on Alternative Dispute Resolution. Ms. Whitesell was Secretary General of the ICC International Court of Arbitration from 2001 to 2007. She has practiced with law firms in both the United States and in France.
    5 November 2018 - 16 November 2018. Washington, D.C., United States,
    More information is available at the organisers website
  • New Frontiers of ADR: From Commercial and Investment Matters to Regulatory Violations
    A conference presented by the IBA Mediation Committee and the IBA North American Regional Forum, co-organised by McGill and Montreal Universities and the International Chamber of Commerce Topics include: * The Growing Success and the New Challenges of International Mediation : Comparing North and South Americas; * The Crisis of Investor-State Disputes: Can Mediation Offer the Way Out?; * Negotiated settlements in regulatory matters (fraud, sanctions, tax) as a form of Alternative Dispute Resolution; * Comparative approaches to ethics, transparency, TPF and financial interests in arbitration and mediation proceedings.
    6 November 2018 - 7 November 2018. Montreal, Canada,
    More information is available at the organisers website
  • Brazilian Symposium of Economic Litigation
    Organized by Caraíve Arbitration - Brazilian Center of Economic Litigation (CBLE/Caraíve) and Mackenzie Presbiterian University. WELCOME REMARK: * Umberto Celli Júnior (USP) - honor president; * Marco Antônio Ribeiro Tura (CBLE) - president; * Daniel Francisco Nagao Menezes (Mackenzie) - speaker; * Felipe Chiarello de Souza Pinto (Mackenzie); * Carlos Roberto de Oliveira (ARES-PCJ); * Carlos Figueiredo Mourão (ANPM); TOPICS: * Legal transformation by arbitration; * International arbitration with public entities; * Conventional Disputes Resolution with Public Administration; * Constitutional Control by Arbitrators; * Disputes Resolution within Regulated Sectors; * Disputes Resolution within Maritime, Port, Road and Rail Transportation; * Lawyers, Mediators and Arbitrators; * About Judges and Arbitrators.
    8 November 2018. São Paulo, Brazil,
    More information is available at the organisers website
  • ODR FORUM 2018 - Innovation and Impact: Online Courts and the Changing Landscapes of Digital Justice
    Join your international colleagues in Auckland - consistently voted one of the world's top ten "livable" cities - to explore current developments in the rapidly evolving world of digital platforms, portals, networks and courts. The two key themes for the 2018 Forum are Innovation and Impact. The first, which will be the focus for presentations on the first day, will explore updates and developments in the world of taking dispute and justice systems online. The second day will address some of the challenges and critical questions that arise through moving beyond innovation into the disruptions that digital justice can create. This "impact" discussion may show that these can be ambivalent developments, in both fostering access to legal and other resources, and challenging other norms. More information and a call for presentation is available on the conference website.
    14 November 2018 - 15 November 2018. Auckland, New Zealand,
    More information is available at the organisers website
  • ILI Training: 2018 Fundamentals of Investor-State Arbitration
    This course teaches lawyers, and other professionals, such as international investors (whether companies or individuals), as well as government officials how to draft, negotiate and interpret bilateral investment treaties (BITs) and investment chapters of free trade agreements, and how to resolve disputes arising from them, including the valuation of damages and enforcement of arbitral awards. The use of BITs has exploded in recent years, with almost 3,000 such treaties in effect. This course provides the participants with an in-depth understanding of the fundamental principles applied in Investor-State arbitration. COURSE ADVISORS: Ian A. Laird is co-chair of the Crowell & Moring's International Dispute Resolution Group. Dr. Borzu Sabahi is an attorney in the International Arbitration group of Curtis, Mallet-Prevost Colt & Mosle LLP.
    26 November 2018 - 30 November 2018. Washington, D.C., United States,
    More information is available at the organisers website
  • ILI Training: 2018 International Investment Treaties and Investor-State Arbitration
    The use of investment treaties - including bilateral investment treaties (BITs) and free trade agreements (FTAs) - has exploded in recent years. Almost 3000 such treaties are in effect. Foreign investors have used BITs to initiate hundreds of international arbitration disputes against host governments with amounts ranging from a few million to several billion dollars in connection with foreign investments. This seminar teaches participants how to draft, negotiate, and interpret international investment treaties and also how to prevent and resolve disputes arising from them. Additionally, it includes advanced instruction in how and when international arbitration proceedings are initiated against nations that violate international treaties. COURSE ADVISORS: Ian A. Laird is co-chair of the Crowell & Moring's International Dispute Resolution Group. Dr. Borzu Sabahi is an attorney in the International Arbitration group of Curtis, Mallet-Prevost Colt & Mosle LLP.
    26 November 2018 - 7 December 2018. Washington, D.C., United States,
    More information is available at the organisers website
  • ILI Training: 2018 Multilateral and Regional Trade Agreements
    The seminar will cover the basic GATT and WTO rules, and examine the implications of the growth of RTAs. The course is designed to help governments and enterprises to take full advantage of the opportunities provided by multilateral and regional trade agreements, as well as to deal with their challenges. It will be taught by present and former senior government officials, leading academics and practitioners, and officials from multinational organizations. COURSE ADVISOR: Patrick Macrory is Director of ILI's International Trade Law Center. He was a senior partner in two of Washington's largest law firms, and has practiced trade law for more than forty years.
    26 November 2018 - 30 November 2018. Washington, D.C., United States,
    More information is available at the organisers website
  • Casablanca Arbitration Days 2018: The New York Convention at 60: Has it Worked for Africa?
    The Casablanca Finance City Authority (CFCA), the Casablanca International Mediation & Arbitration Centre (CIMAC) and McDermott Will & Emery are delighted to invite you to attend the upcoming fourth edition of the Casablanca Arbitration Days. The conference will take place at the Four Seasons Casablanca on November 29-30, 2018. This event will provide exceptional opportunities for prominent lawyers and decision-makers to discuss the future of Casablanca as a seat of arbitration in Africa, sharing knowledge and engaging with peers in an open environment. Due to the limited number of places available, we encourage you to confirm your interest and RSVP. Simultaneous translation in Arabic, English and French will be provided.
    29 November 2018 - 30 November 2018. Casablanca, Morocco,
    More information is available at the organisers website
  • 9th CAM Annual Conference - Quantification of damages in commercial arbitration: mission impossible?
    As every year, Milan hosts the most important event on international arbitration organized in Italy. Join the internationally renowned experts who will discuss the hot topics of the international arbitration panorama. After addressing topics such as IP arbitration, the counsel ethics, M&A arbitration, the title for 2018 has finally been revealed: "Quantification of damages in commercial arbitration: mission impossible?"
    30 November 2018. Milan, Italy,
    More information is available at the organisers website

December 2018

  • CIArb: Dispute Appointment Service (DAS) Convention 2018
    Now in its sixth year, this internationally distinguished event will continue to address issues associated with the role of dispute resolution professionals. This one-day meeting will look at the theme 'Alternative dispute resolution - processes and ethics'. Kindly hosted by Norton Rose Fulbright, the day will end with a networking drinks reception.
    6 December 2018. London, United Kingdom,
    More information is available at the organisers website

2019

February 2019

  • Workshop: Engaging with Domestic Law in International Adjudication
    International law today is marked by 'judicialization' as a result of the unprecedented proliferation of int'l courts & tribunals. Great emphasis in this context has been put on how int'l courts & tribunals engage with - interpret, apply and further develop - int'l law, both general and specific. By contrast, what is often neglected, is that int'l courts & tribunals routinely engage with domestic law, in addressing incidental questions as well as applying domestic law as applicable law. This raises a variety of questions that are wholly underexplored and hidden behind the mantra that domestic law is to be treated principally as fact in int'l adjudication. How do int'l courts & tribunals engage with domestic law? Do they mimic domestic courts or apply a comparative and transnational approach? What happens to domestic law in the course of this process? Why do int'l courts & tribunals do one or the other? And what is normatively appropriate in this context? Deadline papers: 15 September
    27 February 2019 - 1 March 2019. Amsterdam, The Netherlands,
    More information is available at the organisers website

March 2019

  • 22nd IBA Arbitration Day - Beyond the Governing Law: Mandatory Rules, Lois de police, Trade Sanctions and Other Conflicts of Laws
    A conference presented by the IBA Arbitration Committee - full programme and registration details will be made available at a later date. Topics include: * Mandatory rules and lois de police (e.g., impact of a criminal investigation); * International trade sanctions; * Criticism of the investment treaty system; * Data protection, privacy, confidentiality and cybersecurity.
    14 March 2019 - 15 March 2019. Montreal, Quebec, Canada,
    More information is available at the organisers website

Note: a list of prior events can be found here.

... See @ogeltdm for further updates...