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| Overview | Back to Top |
This program blends cutting-edge analysis, including comprehensive and detailed papers, with practical perspectives from practitioners and general counsel from major energy companies on the role of arbitrators and the courts.
The 2010 program features an internationally-renowned faculty including keynote speakers Lord Leonard H. Hoffmann of Chadwick, Retired Law Lord, Brick Court Chambers, London, U.K, and Mariano Gomezperalta Casali, General Counsel for Trade Negotiations, Ministry of the Economy, Mexico City, Mexico.
Select papers and conference proceedings will be published in The American Review of International Arbitration, a quarterly law review by the Parker School of Foreign and Comparative Law at Columbia University.
| Program for International Arbitration | Back to Top |
THURSDAY
MORNING
Presiding Officer(s)
Jason E. Doughty, ConocoPhillips - New York, NY
Presiding Officer(s)
Jason E. Doughty, ConocoPhillips - New York, NY
| 8:00 am | Registration Opens Includes continental breakfast. |
| 9:05 am | Welcoming Remarks |
| 9:15 am | An Introduction to Arbitral Jurisdiction: Who Decides? "Everything interesting happens at the borders between domains of power." What are the relative responsibilities of courts and arbitrators in setting the process in motion, and in allocating arbitral jurisdiction? How should power be allocated among different legal systems—for example, between the state where an arbitration has its "seat," and other jurisdictions where an award may be brought for purposes of enforcement? How should we resolve the tension between the parties' choice of a place for the arbitration, and the possible concerns of other states for the interests of their own nationals? These questions are critical to the international arbitration system, and provide an introduction to many of the themes to be touched on throughout the symposium. |
W. Michael Reisman Yale Law School - Commentator: Alan S. Rau The University of Texas School of Law - |
| 10:00 am | Break |
| 10:15 am | Injunctions in Favor of and Against Arbitration The traditional function of courts in assisting local arbitrations, by enjoining parallel litigation elsewhere, has increasingly, in recent years, been accompanied by the reverse phenomenon: where courts seek to intervene on behalf of a local party who claims that he never agreed, or was not really a party to, any binding obligation to arbitrate at all. Both forms of injunctive relief have been particularly controversial within the EU—where they seem to collide with Community Law, and developments are ongoing—but the matter will assume increasing importance in other states as well. |
Moderator: James L. Loftis Vinson & Elkins RLLP - Panelist: Brooks Daly Permanent Court of Arbitration - Panelist: Hon. Dominique T. Hascher Cour d'Appel, France - Panelist: Gabrielle Kaufmann-Kohler Lévy Kaufmann-Kohler - Panelist: Loukas Mistelis Centre for Commercial Law Studies, Queen Mary, University of London - |
| 12:00 pm | Enabling the Proceeding?: Court-Assisted Evidence Gathering What role do (and should) courts play in the gathering of evidence for arbitration cases? Parties in arbitration increasingly cite 28 U.S.C. Section 1782 to seek court-ordered document production and depositions in support of international arbitration cases. A discussion of this trend and the role of arbitrators in the process. |
Kevin M. O'Gorman Fulbright & Jaworski L.L.P. - |
| 12:15 pm | Arbitral Subpoenas An update on the authority of arbitrators to subpoena witnesses and a discussion of the timing, scope, and judicial enforcement of arbitral subpoenas in the United States, including subpoenas directed to third parties for pre-hearing testimony or document production. |
Ben H. Sheppard, Jr. University of Houston Law Center - |
THURSDAY
AFTERNOON
Presiding Officer(s)
Jennifer Smith, Baker Botts L.L.P. - Houston, TX
Presiding Officer(s)
Jennifer Smith, Baker Botts L.L.P. - Houston, TX
| KEYNOTE LUNCHEON PRESENTATION FEATURING LORD HOFFMAN |
| 12:30 pm | Break for Lunch Included in conference registration. |
| 1:00 pm | Arbitrators and the Courts How do arbitrators and the courts act so as to minimize mutual rubbing/conflict between the dual jurisdictions? What are the differences in decision-making techniques? In opinion-writing techniques? In their respective attitudes towards the formal/official body of "law" promulgated by public authorities? What about conflicts between national judiciaries? Who has primary responsibility for supervising/monitoring the arbitral process? Where does England go after West Tankers? |
Leonard H. Hoffmann Brick Court Chambers - |
| 2:00 pm | Break |
| Enforcing and Reviewing Awards |
| 2:15 pm | The Second Look Doctrine: Twenty-Five plus Years after Mitsubishi Having permitted the arbitration to go forward, what opportunity do the national courts have at the award-enforcement stage to ensure that important public policies (i.e., antitrust, competition, securities) have been properly addressed? The panel addresses the Second Look Doctrine described in Mitsubishi, its evolvement in the following years, and the similar doctrine in European countries. |
Moderator: Michael S. Goldberg Baker Botts, LLP - Panelist: David D. Caron University of California, Berkeley - Boalt Hall School of Law - Panelist: Pierre Mayer Dechert LLP - |
| 3:45 pm | Break |
| 4:00 pm | Argentine Impasse: Enforcing Awards against State Parties Implications for the future of investor/state arbitration if awards are not promptly paid by the state party: an examination of state immunity and pre-award sheltering of assets and the long term implications. This panel addresses state immunity laws in U.S. and European jurisdictions, as well as applicable conventions; suggests possible solutions to maximize an investor's ability to collect a damages award; explores the implications for the future of investor/state arbitrations when damages awards are a fraction of the amount claimed; and reviews the arguably conflicting policy considerations underpinnning state immunity and the substantive and procedural rights granted to investors by investment treaties, with enforcement of awards against Argentina and Russia as examples of that clash. |
Moderator: Tomasz J. Sikora El Paso Corporation - Panelist: Andrea K. Bjorklund UC Davis School of Law - Panelist: Toni D. Hennike Exxon Mobil Corporation - Panelist: John M. Minor Alliant Emerging Markets - |
| 5:30 pm | Adjourn to Reception |
FRIDAY
MORNING
Presiding Officer(s)
Timothy J. Tyler, Vinson & Elkins L.L.P. - Houston, TX
Presiding Officer(s)
Timothy J. Tyler, Vinson & Elkins L.L.P. - Houston, TX
| 8:30 am | Conference Room Opens Includes continental breakfast. |
| 9:15 am | Arbitrators and the Role of Law An examination of the different perspectives from which arbitrators and national courts approach legal issues, including the same legal issue that may be presented at different times to an arbitral tribunal and a national court over the life of the dispute. |
Moderator: C. Mark Baker Fulbright & Jaworski L.L.P. - Panelist: John Bowman King & Spalding LLP - Panelist: W. Laurence Craig Orrick - Panelist: Anthony Evans Dubai International Financial Centre Courts, and Arbitrator - |
| 11:00 am | Break |
| 11:20 am | Escaping National Court Review: ICSID Annulment This panel highlights issues that have arisen in the context of two different scenarios for challenging international arbitration awards. The first scenario concerns the challenge before national courts (at the seat, or legal place, of arbitration) of arbitration awards that decide claims under treaties for the protection of investments. The second scenario concerns applications for the annulment of awards under the provisions of the ICSID Convention (decided by an ad hoc Committee appointed in accordance with the Convention). |
R. Doak Bishop King & Spalding LLP - Alejandro A. Escobar Baker Botts (UK) LLP - |
FRIDAY
AFTERNOON
Presiding Officer(s)
Alan R. Crain, Baker Hughes Incorporated - Houston, TX
Presiding Officer(s)
Alan R. Crain, Baker Hughes Incorporated - Houston, TX
| KEYNOTE LUNCHEON |
| 12:20 pm | Lunch Included in conference registration. |
| 12:50 pm | Representation of State Parties in Investment Arbitration Investor-state arbitration rules under most modern Bilateral Investment Treaties and Investment Chapters in Free Trade Agreements provide investors with a right to bring an international claim against the state which allegedly breached an investment obligation under the treaty without having to convince its own state to make a claim on its behalf. Governments have used this private right of action as an important element of their foreign investment promotion strategies. Such right, however, has also carried significant financial and even political risks to sovereigns as investor-state arbitration rules not only provide private parties with a right of direct access to international arbitration but also empower arbitral tribunals to award monetary damages in favor of such parties (who are typically one-time users of the arbitration system). The foregoing elements have given rise to an interesting interaction among states (which, as “repeated players”, seek to mitigate the risks of arbitration) as well as highly divergent positions between sovereigns and investors when they appear before arbitral tribunals. |
Mariano Gomezperalta Casali Robert Wray PLLC - |
| 1:30 pm | Break |
| 1:40 pm | General Counsels' Forum Our distinguished panel of corporate counsel will provide the client perspective on critical issues that impact the fundamental decision regarding whether to arbitrate or not and the potential viability of international arbitration in the future. Arbitration is a creature of contract, and our panel provides insight into how companies determine whether arbitration will be selected as the dispute resolution mechanism and the critical questions that are faced by these users of international arbitration. |
Moderator: Alan R. Crain Baker Hughes Incorporated - Panelist: Robert W. Baker El Paso Corporation - Panelist: Jason E. Doughty ConocoPhillips - Panelist: David A. Isenegger Shell U.K. Limited - Panelist: Mark E. Lowes KBR, Inc. - |
| 3:00 pm | Adjourn |
| Conference Faculty | Back to Top |
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C. Mark Baker
Fulbright & Jaworski L.L.P. Houston, TX Robert W. Baker El Paso Corporation Houston, TX R. Doak Bishop King & Spalding LLP Houston, TX Andrea K. Bjorklund UC Davis School of Law Davis, CA John Bowman King & Spalding LLP Houston, TX David D. Caron University of California, Berkeley - Boalt Hall School of Law Berkeley, CA W. Laurence Craig Orrick Paris France Alan R. Crain Baker Hughes Incorporated Houston, TX Brooks Daly Permanent Court of Arbitration The Hague Netherlands Jason E. Doughty ConocoPhillips New York, NY Alejandro A. Escobar Baker Botts (UK) LLP London United Kingdom Anthony Evans Dubai International Financial Centre Courts, and Arbitrator London United Kingdom Michael S. Goldberg Baker Botts, LLP Houston, TX Mariano Gomezperalta Casali Robert Wray PLLC Mexico City, Distrito Federal Mexico Hon. Dominique T. Hascher Cour d'Appel, France Paris France |
Toni D. Hennike
Exxon Mobil Corporation Houston, TX Leonard H. Hoffmann Brick Court Chambers London United Kingdom David A. Isenegger Shell U.K. Limited Aberdeen United Kingdom Gabrielle Kaufmann-Kohler Lévy Kaufmann-Kohler Geneva Switzerland James L. Loftis Vinson & Elkins RLLP London United Kingdom Mark E. Lowes KBR, Inc. Houston, TX Pierre Mayer Dechert LLP Paris France John M. Minor Alliant Emerging Markets Chicago, IL Loukas Mistelis Centre for Commercial Law Studies, Queen Mary, University of London London United Kingdom Kevin M. O'Gorman Fulbright & Jaworski L.L.P. Houston, TX Alan S. Rau The University of Texas School of Law Austin, TX W. Michael Reisman Yale Law School New Haven, CT Ben H. Sheppard, Jr. University of Houston Law Center Houston, TX Tomasz J. Sikora El Paso Corporation Houston, TX |
| Planning Committee | Back to Top |
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R. Doak Bishop
King & Spalding LLP Houston, TX John Bowman King & Spalding LLP Houston, TX Alan R. Crain Baker Hughes Incorporated Houston, TX Brooks Daly Permanent Court of Arbitration The Hague Netherlands Jason E. Doughty ConocoPhillips New York, NY Michael J. Esposito The University of Texas School of Law Austin, TX Theodore M. Frois Exxon Mobil Corporation (retired) Houston, TX Michael S. Goldberg Baker Botts, LLP Houston, TX William H. Knull, III Mayer Brown LLP Houston, TX |
James L. Loftis
Vinson & Elkins RLLP London United Kingdom Ewell E. Murphy, Jr. Attorney at Law Houston, TX Kevin M. O'Gorman Fulbright & Jaworski L.L.P. Houston, TX Alan S. Rau The University of Texas School of Law Austin, TX Ben H. Sheppard, Jr. University of Houston Law Center Houston, TX Tomasz J. Sikora El Paso Corporation Houston, TX Jennifer Smith Baker Botts L.L.P. Houston, TX Timothy J. Tyler Vinson & Elkins L.L.P. Houston, TX Paul W. Wright Exxon Mobil Corporation -- Retired Houston, TX |
| Hotels/Venues | Back to Top |
| HOUSTON | ||
Special rate:
$220
good through May 13, 2010
(subject to availability) Parking: Valet $13 per day / $28 Overnight |
| Key Dates: Cancellations, last-minute registrations, and related charges | Back to Top |
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Houston
Last day for early registration:
May 7, 2010, 5 p.m.
— Add $50 for registrations received after this time Last day for full refund: May 7, 2010, 5 p.m. Last day for partial refunds: May 10, 2010, 5 p.m. $50 processing fee applied |
| Credit Hours | Back to Top |
| MCLE |
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Texas MCLE: Course #901191342 11.50 hrs, includes 0.00 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.aspCalifornia MCLE: Provider #1944 11.50 hrs, includes 0.00 hrs ethics
This course is approved for California MCLE credit. A Certificate of Completion and related course reporting documentation for CA MCLE credit will be available at the conference.
See CA Report Compliance for more information.
Other Jurisdictions: LA, NM, OK, NV, etc.
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.
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| Other Credit |
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TX CPE-Accountants: Sponsor #250 13.00 hrs (50-min. hrs)
Texas CPE credit is calculated based on 50 minute hours, and must be self-reported. A Certificate of Completion will be available at the conference.
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| Sponsors | Back to Top |
PROGRAM SPONSORS
MEDIA PARTNER
