Weighing the Facts: Information Exchange and Presentation of Evidence in International Commercial and Investment Arbitration
Registration includes lunch, networking reception, and tour of historic Peace Palace
The Hague, Netherlands,
May 14-15, 2009 - Permanent Court of Arbitration (Peace Palace)
Hosted by The Permanent Court of Arbitration, The Houston International Arbitration Club, Inc. and The University of Texas School of Law
Multiple Party Actions in International Arbitration Edited by the Permanent Court of Arbitration Published by the Oxford University Press Special 20% Discount for 2009 Evidence in Arbitration Attendees
Topics include: who are the proper parties to arbitration, arbitral procedures where multiple parties are involved, and specific aspects of investment arbitrations involving multiple parties. Invaluable information for practitioners, arbitrators, and academics!
Order your copy by calling +44 (0)1536 741 727 or emailing bookorders@oup.com To claim your 20% discount, please quote ALPCAWTF09 when placing your order.
The conference brings together an internationally renowned faculty in a special event focused on the law, ethics, and consensus of information exchange and evidence in arbitration. Speakers include Jan Paulsson, Albert Jan van den Berg, William W. Park, Michael E. Schneider, W. Laurence Craig, Hon. Thomas Buergenthal, Lucy F. Reed, Alan S. Rau, James L. Loftis, and many other experts from Europe, Asia, and the U.S.
The program combines analysis and practical application of e-discovery and evidence—addressing current standards, evolving rules, enforcement mechanisms, use (and abuse) of expert evidence, technology tools, and methods and costs. The conference concludes with a discussion by general counsel from Akzo Nobel, Baker Hughes, ExxonMobil, and KPN.
Program for Weighing the Facts: Evidence in International Arbitration
THURSDAY
MORNING Presiding Officer(s)
Brooks Daly,
Permanent Court of Arbitration -
The Hague Netherlands
8:00 am
Registration Opens
Includes continental breakfast.
8:45 am
Welcoming Remarks
Theodore M. Frois, General Counsel, Exxon Mobil and President, Houston International Arbitration Club, Houston, TX
Christiaan Kröner, Secretary-General, Permanent Court of Arbitration, The Hague, The Netherlands
9:00 am
Cross-Cultural Problems Involving Exchange of Information .50 hr
The process of the exchange of information is a fertile source of cultural clash in international commercial arbitration. Why is this so, and how can it be avoided?
Lucy F. Reed
Freshfields Bruckhaus Deringer LLP - New York, NY
Albert Jan van den Berg
Hanotiau & van den Berg - Brussels Belgium
9:30 am
Evolving Principles of Information Exchange: Consensus and Divergence 1.25 hr
To a remarkable degree, international arbitration has become a unique, harmonized blend of common law and civil law practices. There is widespread consensus on many practices, including many of those embodied in the IBA Rules on the Taking of Evidence in International Commercial Arbitration. However, the process is evolving and there remain areas on which a consensus has yet to emerge.
Moderator: William H. Knull, III Houston, TX
Mark Appel
American Arbitration Association - Dublin Ireland
Hans van Houtte
Institute for International Trade Law - Leuven Belgium
10:45 am
Break
11:00 am
The Present and Future of Electronic Disclosure in International Arbitration 1.25 hr
A discussion of recent institutional pronouncements on electronic disclosure in international arbitration with special emphasis on how a decision-maker should exercise discretion in deciding these issues.
Moderator: Kevin M. O'Gorman
Fulbright & Jaworski L.L.P. - Houston, TX
Hon. Nancy F. Atlas
United States District Court for the Southern District of Texas - Houston, TX
C. Mark Baker
Fulbright & Jaworski L.L.P. - Houston, TX
Michael E. Schneider
Lalive - Geneva Switzerland
Tomasz J. Sikora
El Paso Corporation - Houston, TX
THURSDAY
AFTERNOON Presiding Officer(s)
Timothy J. Tyler,
Mayer Brown LLP -
Houston, TX
12:15 pm
LUNCHEON PRESENTATION
Included in conference registration.
12:30 pm
Keynote Luncheon Presentation .75 hr
Hon. Thomas Buergenthal
International Court of Justice - The Hague Netherlands
1:15 pm
Break
1:30 pm
Evidence Issues in Arbitration with States 1.50 hr
States have different powers and justifications for the acquisition and protection of evidence. With the increase in arbitration with States, particularly under investment treaties, has come an increase in allegations of witness intimidation, illegally obtained evidence, and the invocation of political sensitivity privilege, which are rare or absent in arbitration between private parties. This panel will consider how these and other issues affect the standard and allocation of the burden of proof, and the use of presumptions and inferences by arbitral tribunals.
Moderator: Brooks Daly
Permanent Court of Arbitration - The Hague Netherlands
Andrea Menaker
White & Case LLP - Washington, DC
Jan Paulsson
Freshfields Bruckhaus Deringer - Paris France
Albert Jan van den Berg
Hanotiau & van den Berg - Brussels Belgium
3:00 pm
Break
3:15 pm
Privilege and Ethical Obligations Involving Production and Protection of Evidence 1.50 hr ethics
The Akzo Nobel decision in the European Court of First Instance declared that documents held by in-house counsel, and correspondence between a business and its in-house lawyers were not protected by legal professional privilege in a European Commission competition-law investigation.
This panel will discuss the significance of the AKZO Nobel/Akcros decision in arbitrations where parties rely on different national-court practice on professional privilege and disclosure of documents produced by or exchanged with in-house counsel; the panel will also examine: gaps where current rules and choice of law principles in international arbitration fail to address these issues; recent institutional changes aimed at leveling the privilege playing field; and the effect of differing rules of professional ethics across jurisdictions.
Moderator: Timothy J. Tyler
Mayer Brown LLP - Houston, TX
Hilary Heilbron
Brick Court Chambers - London United Kingdom
Kenneth B. Reisenfeld
King & Spalding - Washington, DC
4:45 pm
Enforcement of Party Requests 1.25 hr
What enforcement mechanisms are available for a party who wishes to obtain information from an opponent for use in a forthcoming arbitration? Are there any limits to a tribunal's ability to "draw adverse inferences," or to shift the burden of proof, and how should the tribunal go about taking these measures? To what extent are actions taken by tribunals subject to judicial review? Alternatively, in what circumstances can applications be made directly to a court rather than to the tribunal? And what are the differences between seeking disclosure from an adverse party, or from someone who is not a party to the arbitration at all—does the "contractual" nature of the arbitration process impose limits on seeking disclosure from non-signatories?
Moderator: Alan S. Rau
University of Texas School of Law - Austin, TX
Louise Barrington
King's College - Center of Construction Law - London United Kingdom
W. Laurence Craig
Orrick - Paris France
William W. Park
Boston University School of Law - Boston, MA
THURSDAY
EVENING
6:00 pm
Adjourn to Reception and Tour
Enjoy networking, refreshments, and a short tour of the historic Peace Palace.
Conference Room Opens
Includes continental breakfast.
8:30 am
Expert Evidence in International Arbitration: Are Standards Needed? 1.25 hr
There remain widely diverse approaches to the retention, instruction and supervision of expert witnesses and the use (and abuse) of expert evidence in international arbitration. The panel will discuss these approaches and attempts to develop a standardized approach to the use of expert evidence, particularly the Chartered Institute's Protocol for the Use of Party-Appointed Expert Witness in International Arbitration.
Moderator: James L. Loftis
Vinson & Elkins L.L.P. - London United Kingdom
C. Mark Baker
Fulbright & Jaworski L.L.P. - Houston, TX
Brooks Daly
Permanent Court of Arbitration - The Hague Netherlands
Loukas Mistelis
Centre for Commercial Law Studies, Queen Mary, University of London - London United Kingdom
9:45 am
E-Discovery: A Look Behind the Curtain—Tools and Techniques 1.00 hr
A practical discussion of electronic disclosure issues likely to arise in an international commercial arbitration including the consideration of its unique problems and the technology tools, methods and costs of preservation, collection, processing, review and production of electronically stored information.
Moderator: Tomasz J. Sikora
El Paso Corporation - Houston, TX
Kevin M. O'Gorman
Fulbright & Jaworski L.L.P. - Houston, TX
Mark S. Yacano
LeClairRyan - Richmond, VA
10:45 am
Break
11:00 am
General Counsel Panel 1.50 hr
General Counsel from a variety of global companies will discuss practicalities of preservation and production of evidence, especially electronic evidence, in arbitration proceedings. Discussions of cost, budgeting, maintaining privilege across jurisdictional boundaries, and drafting will be considered.
Moderator: Paul W. Wright
Exxon Mobil Corporation - Houston, TX
Andrew Clarke
Exxon Mobil Corporation - Surrey United Kingdom
Alan R. Crain, Jr.
Baker Hughes, Inc. - Houston, TX
Texas MCLE: Course #901172578 11.75 hrs, includes 1.50 hrs ethics
Credit is submitted to the State Bar of Texas within seven business days following the conference. To claim immediate credit, self-report via the SBOT web site at http://www.texasbarcle.com/CLE/home.asp
California MCLE: Provider #1944 11.75 hrs, includes 1.50 hrs ethics
Many jurisdictions accept courses offered by the University of Texas School of Law, and approved by the State Bar of Texas, for CLE credit. Please check with your state bar association. A Certificate of Completion, and related course reporting documentation for MCLE credit will be available at the conference.
ExxonMobil is the world's largest publicly traded international oil and gas company, with an industry-leading inventory of global oil and gas resources. ExxonMobil is the world's largest refiner and marketer of petroleum products. And their chemical company ranks among the world's largest. But ExxonMobil is also a technology company, applying science and innovation to find better, safer and cleaner ways to deliver the energy the world needs. www.exxonmobil.com
The Fulbright Arbitration and ADR group is widely recognized as one of the world's leading international arbitration practices. With strategic locations in the United States, Europe, Asia and the Middle East, Fulbright is positioned to handle international arbitration disputes wherever they may arise. A record of obtaining successful outcomes in major arbitrations involving a variety of governing laws, jurisdictions and arbitral rules has lead Fulbright to be selected as a leading law firm in the field of international arbitration by the 2008 Chambers Global Guide and one of the top ten arbitration firms worldwide based on total number of arbitrations by the 2007 ALM Focus Europe. Fulbright was the recipient of LatinLawyer Magazine's Deal of the Year: Disputes Category for 2007. The firm's multi-national team of arbitration lawyers is fluent in more than a dozen languages and is experienced in appearing as advocates before arbitrators from a wide range of cultural backgrounds under the rules of all of the major international arbitration institutions. Clients around the world have called on us for some of the most politically charged and high-stakes disputes of recent years, in the public and private sectors. www.fulbright.com
King & Spalding has provided the highest quality legal services to its clients for over a century. Since its establishment in 1885, the firm has had a tradition of attracting and developing many of this country's finest lawyers. King & Spalding LLP currently represents more than 250 public companies, including over half of the Fortune 100 companies. www.kslaw.com
KPMG International is a global network of professional firms providing Audit, Tax, and Advisory services. KPMG operates in 145 countries and has more than 133,000 professionals, including more than 7,100 partners, working in member firms around the world. Its member firms aim to provide clients with a globally consistent set of multidisciplinary services based on deep industry knowledge. In the United States, KPMG LLP traces its origins back to 1897 and provides Audit, Advisory, and Tax services through more than 1,700 partners and 22,000 other client service professionals in 88 offices. www.kpmg.com
Mayer Brown is a leading global law firm with 21 offices in key business centers across the Americas, Asia and Europe. The firm's Asia presence is enhanced by its combination with JSM (formerly known as Johnson Stokes & Master), a leading Asia law firm. Mayer Brown delivers timely, innovative and practical solutions to transactional, dispute resolution and regulatory challenges. The firm's International Arbitration practice represents corporate and governmental entities before the world's leading arbitration institutions and advises clients on how to reduce risk when entering into cross-border transactions and investments. The practice is known for its intellectual depth and industry insight, applied to the unique needs of each client. www.mayerbrown.com
Vinson & Elkins LLP is an international law firm with a network of 13 offices in financial centers, energy hubs, and political capitals around the globe. Founded in Houston, V&E is well known for the strength and vibrancy of its energy practice. Additionally, the firm is a recognized leader in cross-border transactions, infrastructure development, international dispute resolution, mergers and acquisitions, private equity, project finance, and regulatory matters. www.vinson-elkins.com
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