effective international arbitration - U.S. Council for International ...

ICC UK’s Annual Practitioners’
Symposium examining key issues and
developments facing arbitration
practitioners and users. Book now at
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EFFECTIVE INTERNATIONAL
ARBITRATION:
A TRANSATLANTIC PERSPECTIVE
ANNUAL ARBITRATION PRACTITIONERS’ SYMPOSIUM
Thursday 9 July 2009
White & Case, 5 Old Broad Street, London EC2N 1DW
FEATURING EXPERT ADDRESSES FROM:
• Professor Phillip Capper, White & Case
COVERING:
• London v New York
• The Rt Hon Lord Mustill QC, Essex Court
• John Beechey, ICC International Court of Arbitration
• Professor George Bermann, Columbia University
• Sir Anthony Colman QC, Essex Court
• Carolyn Lamm, President Elect, American Bar Association
• Paul Cowan, White & Case
• Laurence Shore, Gibson Dunn & Crutcher
• Dr Anke Sessler, Siemens
• Professor Richard Kreindler, Shearman & Sterling
• Michelle Sindler, Olswang
• Teresa Giovannini, Lalive Avocats
• C Mark Baker, Fulbright & Jaworski
• John Bellhouse, White & Case
• Marianne Ramey, Project Advisors International
• Mark Hackett, Mark Hackett Associates
ICC United Kingdom and its courses are accredited by the Solicitors
Regulation Authority (SRA), the Bar Standards Board and the ifs School
of Finance.
• International arbitration – learning from US
practice
• Costs
• Practical issues for an effective Terms of Reference
hearing
• Disclosure: different approaches to the same issue
• Practical realities of using expert evidence in the
US and UK
Sponsored by
To secure your place at this event, please
return your completed registration form and
payment to
ICC United Kingdom, 12 Grosvenor Place,
London SW1X 7HH
Fax: +44 (0)20 7235 5447
Register online at www.iccbookshop.com
For further information on our sponsors please visit:
www.whitecase.com

ANNUAL ARBITRATION PRACTITIONERS’ SYMPOSIUM 2009
8.45 REGISTRATION AND COFFEE
9.15 WELCOME AND OPENING REMARKS
PROFESSOR PHILLIP CAPPER, WHITE & CASE
SESSION ONE - CHAIRED BY THE RT HON
LORD MUSTILL QC, ESSEX COURT
9.25 OPENING ADDRESS
JOHN BEECHEY,
ICC INTERNATIONAL COURT OF ARBITRATION
9.55 LONDON V NEW YORK
PROFESSOR GEORGE BERMANN, COLUMBIA UNIVERSITY
SIR ANTHONY COLMAN QC, ESSEX COURT
WHAT CRITERIA SHOULD PARTIES CONSIDER, AND WHAT LEVEL
OF PRIORITY SHOULD THESE HAVE WHEN COMPARING THE
RELATIVE ADVANTAGES OF LONDON V NEW YORK AS SEATS OF
ARBITRATION WE ASK TWO EXPERT PRACTITIONERS TO
EXAMINE THEIR RESPECTIVE JURISDICTIONS IN TERMS OF SEAT
AND APPLICABLE PROCEDURAL LAW, AND TO CONSIDER ISSUES
SUCH AS THE EXTENT OF JUDICIAL OVERSIGHT, ENFORCEMENT,
AND INDEPENDENCE OF ARBITRATORS.
10.55 MORNING COFFEE
SESSION TWO - CHAIRED BY PROFESSOR
GEORGE BERMANN, COLUMBIA UNIVERSITY
11.20 INTERNATIONAL ARBITRATION – LEARNING FROM
US PRACTICE
11.50 COSTS
CAROLYN LAMM, PRESIDENT-ELECT, AMERICAN BAR ASSOCIATION
WHAT IMPORTANT MESSAGES CAN PRACTITIONERS AND THE
JUDICIARY GLEAN FROM THE US PRACTICE OF INTERNATIONAL
COMMERCIAL ARBITRATION HOW DOES THE INTERACTION OF THE
STATE AND FEDERAL SYSTEM IMPACT ON PARTIES, PROCEDURE,
AND ENFORCEMENT
PAUL COWAN, WHITE & CASE
LAURENCE SHORE, GIBSON DUNN & CRUTCHER
DR ANKE SESSLER, SIEMENS
• DIFFERENCES IN EXERCISING THE DISCRETION OVER COSTS IN
THE UK AND US: WHAT IS THE IMPORTANCE OF THE
BACKGROUND OF THE TRIBUNAL
• WOULD OR SHOULD THE ISSUE OF THE TREATMENT OF COSTS
AFFECT THE CHOICE OF SEAT BY A PARTY
• WHO REALLY PAYS THE ADVANCE(S) ON COSTS
• IS THE ADVENT OF THIRD PARTY FUNDERS REALLY CREATING A
LEVEL PLAYING FIELD
• A CLIENT’S PERSPECTIVE ON COSTS IN INTERNATIONAL
ARBITRATION
• NEW / DIFFERENT APPROACHES TO LEGAL / EXPERT COSTS IN
INTERNATIONAL ARBITRATION
SESSION THREE - CHAIRED BY PROFESSOR
PHILLIP CAPPER, WHITE & CASE
14.10 PRACTICAL ISSUES FOR AN EFFECTIVE TERMS OF
REFERENCE HEARING
DR RICHARD KREINDLER, SHEARMAN & STERLING
• WHAT ARE THE GOALS OF A TERMS OF REFERENCE HEARING
FROM THE PARTY’S PERSPECTIVE FROM THE TRIBUNAL’S
PERSPECTIVE HOW CAN THEY BEST BE ACHIEVED
• WHAT IS THEIR POSSIBLE RELEVANCE FOR THE LATER
IMPLEMENTATION OF THE ARBITRATION AND ENFORCEABILITY OF
ANY AWARD
• WHAT EXPERIENCES MAY BE GARNERED FROM NON-ICC
ARBITRATIONS IN WHICH TERMS OF REFERENCE AS SUCH ARE
LACKING
14.35 DISCLOSURE: DIFFERENT APPROACHES TO THE
SAME ISSUE
MICHELLE SINDLER, OLSWANG
TERESA GIOVANNINI, LALIVE
C MARK BAKER, FULBRIGHT & JAWORSKI
DISCLOSURE OR DISCOVERY PRACTITIONERS WITH EXPERIENCE
ACROSS THE UK, US AND EUROPEAN JURISDICTIONS WILL EXAMINE
THE DIFFERING APPROACHES TO DISCLOSURE AND DISCOVERY
INCLUDING ‘E-DISCLOSURE’. THE PRACTICALITIES FOR ARBITRAL
TRIBUNALS AND PARTIES ASSOCIATED WITH HOW TO HANDLE
DISCOVERY REQUESTS, LEGAL PRIVILEGE, DATA PROTECTION AND
TECHNOLOGICAL ISSUES WILL ALSO BE REVIEWED.
15.50 AFTERNOON TEA
SESSION FOUR: CHAIRED BY JOHN BELLHOUSE,
WHITE & CASE
16.20 PRACTICAL REALITIES OF USING EXPERT EVIDENCE
IN THE US AND UK
MARIANNE RAMEY, PROJECT ADVISERS INTERNATIONAL
MARK HACKETT, MARK HACKETT ASSOCIATES
AN EXAMINATION OF THE PRACTICAL REALITIES OF USING EXPERTS AND
EXPERT EVIDENCE IN US AND UK ARBITRATIONS, INCLUDING A REVIEW
OF:
• CONTRASTING PRACTICES AND DIFFERING PERCEPTIONS AS TO THE
ROLE OF EXPERTS
• DIFFERING PRACTICES BETWEEN THE US AND THE UK FOR
WITNESS PREPARATION
• TRIBUNAL EXPERTS AND PARTY-APPOINTED EXPERTS - DIFFERENT
APPROACHES FOR EXPERT TESTIMONY
• WITNESS CONFERENCES / “HOT-TUBBING”
17.20 CLOSING SUMMARY - JOHN BELLHOUSE,
WHITE & CASE
17.30 RECEPTION
13.00 LUNCH
Professor Phillip Capper is a partner at White & Case, London. Formerly
Chairman of the Faculty of Law at Oxford University, he is now Nash
Professor of Engineering Law at King’s College. As counsel, Phillip has acted under
the rules of ICC, LCIA, UNCITRAL, and the Stockholm, Madrid and Prague
Chambers of Commerce, as well as in contractual mediations and ad-hoc
arbitrations. As arbitrator, Phillip has chaired ICC, LCIA and Uncitral arbitral
tribunals.
The Rt Hon Lord Mustill QC is a barrister at Essex Court Chambers. He has
been successively a Judge of the High Court, the Court of Appeal and the
Appellate Committee of the House of Lords, retiring from full-time judicial sittings
in 1991. Since then he has sat as arbitrator in numerous cases in England and
abroad. Formerly President of the Chartered Institute of Arbitrators, he has also
served as a Vice President of the ICC International Court of Arbitration. He is a
Senior Fellow at the Lauterpacht Centre for International Law at Cambridge
University
John Beechey is Chairman of the ICC International Court of Arbitration and
commenced his term in January 2009. He was previously a partner at Clifford
Chance, where he was head of International Arbitration. He has vast experience of
all major arbitral institutions and has represented parties or held arbitral
appointments in over 100 international arbitrations. John also served as a Member
of the Council of ICC World Business Institute for 10 years.
Professor George Bermann is Jean Monnet Professor of European Union Law
and Walter Gellhorn Professor of Law at Columbia Law School in New York,
and Director of the Law School's European Legal Studies Center. He teaches and
writes in the areas of Comparative Law, European Law, Transnational Litigation and
Arbitration, and International Trade. George is past President of the American
Society of Comparative Law, titular member of the Academie Internationale de
Droit Compare, Editor-in-Chief of the American Journal of Comparative Law, and
founder and executive editorial board chair of the Columbia Journal of European
Law.
Sir Anthony Colman QC is an arbitrator based at Essex Court. He practiced as a
barrister of Gray’s Inn at the Commercial Bar between 1962 and 1992,
specialising in primary insurance and reinsurance maritime disputes, banking and
international trade and distributorship agreements, and ICC and ICSID arbitrations.
He was a Judge of the Commercial Court, in the High Court, London from 1992 to
2007, specialising in commercial litigation. He was also a judge in Charge of the
Commercial Court from 1996 to 1997.
Carolyn Lamm is President Elect of the American Bar Association. A partner at
White & Case, Washington DC, she is past president of the District of
Columbia Bar, has chaired the ABA Standing Committee on Federal Judiciary, and has
served on committees with the ABA Sections of Litigation, International Law and
Business Law. Carolyn is on the Executive Committee of the American Arbitration
Association, a Fellow of the American College of Trial Lawyers, a council member of
the American Law Institute, and a board member of the American Turkish and
American Uzbekistan Chambers of Commerce.
Paul Cowan is a partner at White & Case, London. He specialises in national and
international contentious construction, including litigation, arbitration and
adjudication, together with expertise in negotiating and advising in respect of a wide
range of building contracts, consultancy appointments, collateral warranties, and
bonds. Paul has been involved as counsel in a variety of international arbitrations,
including disputes regarding the design and construction of major power sector
projects, oil and gas and rail sector projects, and disputes arising from UK
construction projects.
Laurence Shore is a dual US and UK qualified partner at Gibson, Dunn &
Crutcher (New York), where he is Co-chair of the firm's International
Arbitration Practice Group. Laurence has been the lead advocate in a large number
of arbitration cases under ICC, LCIA, AAA, Uncitral and Swiss Rules. He has also sat
as an arbitrator in cases under ICC, Cairo Regional Centre, and LCIA Rules.
Dr Anke Sessler is Chief Counsel of Litigation with Siemens. She specialises in
national and international arbitration in numerous fields, including post
mergers & acquisitions, banking and capital market law, and mediation. She has
extensive arbitral experience under the rules of the DIS, ICC, and the Stockholm
Chamber of Commerce, and ad hoc arbitrations. She is a member of DIS, LCIA,
Chartered Institute of Arbitrators, CEDR (and accredited as mediator), and the ICC
Task Force on Guidelines for ICC Expertise Proceedings.
Dr Richard Kreindler, partner at Shearman & Sterling in Frankfurt, has handled
numerous commercial, construction, infrastructure and investment arbitrations
under the rules of the leading arbitration institutions and regimes as counsel, partyappointed
arbitrator, sole arbitrator, chairman and expert witness. He has been
admitted to the bar in New York and is an Advocat in Paris. Richard teaches
international commercial and investment arbitration and transnational litigation at
the University of Münster in Germany. He is Chairman of the IBA Evidence Rules
Subcommittee.
Michelle Sindler specialises in international arbitration, in the areas of the
pharmaceutical industry, joint ventures, licensing and international sales
disputes, and disputes arising out of construction and industrial projects. In addition
to representing clients in arbitrations conducted under the rules of ICC, LCIA and
Swiss Chambers, Michelle has also acted as arbitrator in institutional and ad hoc
arbitrations, both as chair of an arbitral panel and as co-arbitrator or as a sole
arbitrator.
Teresa Giovannini is a founding partner at Lalive Advocats. She specialises in
international litigation and arbitration, and art law. Teresa has acted as Counsel,
Sole Arbitrator, Co-Arbitrator and chair in disputes under the rules of AAA, CCIG,
ICC, ICHEIC, ICSID and the LCIA. She is a lecturer and instructor at various research
and training institutions, and has presented at a number of international conferences on
international arbitration. Teresa is Vice-President at the LCIA, a member the Geneva
Bar, the Swiss Arbitration Association, the International Arbitration Institute and is a
council member at the ICC Institute of World Business Law.
Mark Baker, a partner at Fulbright & Jaworski in Houston, specialises in
international and domestic arbitration and litigation of banking, financial and
securities transactions. He is experienced in matters regarding international and
domestic construction contracts, energy contracts, and project finance and
development agreements. Mark is a co-head of the firm's International Department
for all 16 locations and also co-head of the firm's Arbitration and ADR Practice
Group.
John Bellhouse is a Partner and Head of Arbitration at White & Case, London. He
is an international projects lawyer with over 30 years’ experience of arbitration,
construction law and project finance, advising clients involved in some of the world’s
largest infrastructure projects. John advises on procurement and delivery of projects
and represents parties as counsel in international arbitrations under institutional and
ad-hoc rules. He also serves as an arbitrator on Dispute Review Boards.
Marianne Ramey is the founding member of Project Advisors International.
Marianne has extensive project management, scheduling and controls
experience involving mega construction projects located throughout the world. She
has assisted in the development of project control tools, management procedures,
interface management, risk identification and control and expert witness. She is a
registered professional engineer in 12 states, including the District of Columbia.
Mark Hackett is the Senior Partner at Mark Hackett Associates, which primarily
aims at assisting lawyers in the dispute resolution process. Mark has been
involved in numerous high profile and large value disputes both at home and abroad.
Mark is the co-author of ‘The Presentation and Settlement of Contractors’ Claims’
(Second Ed) and co-editor of ‘Procurement, Tendering & Contract Administration’,
the latest edition of the Aqua Group’s publications on issues of contract
administration and contractual matters.

ANNUAL ARBITRATION PRACTITIONERS’ SYMPOSIUM
Thursday 9 July 2009
THIS EVENT IS SPONSORED BY WHITE & CASE. FOR FURTHER INFORMATION ON OUR SPONSORS, PLEASE VISIT WWW.WHITECASE.COM
REGISTRATION: 08.45
RECEPTION: 17.30
VENUE: WHITE & CASE, 5 OLD BROAD STREET, LONDON EC2N 1DW
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