april 17-21 grand hyatt new york spring meeting - Arbitration Law

wedNesdaY, aPril 18
9:00 am – 10:30 am
who would want to be a director?
CoRPoRATE CoUnSEL;
CoRPoRATE / TRAnSACTIonAL
This session will examine the objections
and perils associated with being a Director
in today’s highly regulated environment.
What are the risks of a Director, to whom
are they owed and where are such duties
found – in law or codes of practice? What
are the sanctions applicable to a Director
who breaches his or her duties, and who
enforces them? Is insurance available
to Directors?
sponsoring committee:
International Corporate Counsel Committee
Program-chair & moderator:
Mattia Colonnelli de Gasperis, Colonnelli
de Gasperis Studio Legale, Milan, Italy
Program-chair & speaker:
Christine M. Castellano, Corn Products
International, Westchester, Illinois
speakers:
Hermann Knott, Luther
Rechtsanwaltsgesellschaft mbH,
Cologne, Germany
Vagn Thorup, Kromann Reumert,
Copenhagen, Denmark
9:00 am – 10:30 am
and the last shall be first: commercial
damages in international contracts
DISPUTE RESoLUTIon / LITIGATIon;
YoUnG LAWYERS
With thanks to our track sponsors
All too often, practitioners do not give
sufficient attention to damages. Litigators
focus on liability issues in dispute
resolution while transactional attorneys
focus on the prospective business terms,
but not on the monetary remedies for
contract breach. International contracts
implicate contrasting civil law and
commmon law approaches. Drafting
and litigation issues include: differences
between CISG and UCC damages; choice
of law issues: what may or may not be
enforceable as a matter of public policy
(e.g., treatment of liquidated damages
provisions in other systems); limitation of
damages clauses—why you might want
“willfulness” requirements and what the
differences are in terminology and reality
as to actual, consequential, incidental,
and other damages; proof of lost profits
versus speculative damages; how interest is
computed under CISG versus non-CISG;
economic loss doctrine considerations;
attorneys fees (contrast loser pay
jurisdictions); and differences in approach
between arbitration versus litigation. This
panel will discuss the implications of
leaving the issue of damages to the end and
what practitioners need to be mindful of in
the drafting process.
sponsoring committees:
International Litigation Committee,
International Arbitration Committee,
International M&A and Joint Venture
Committee, and Young Lawyers Interest
Network (YIN)
Program chair & moderator:
Steven Richman, Duane Morris,
New York, New York
speakers:
Kieran Cowhey, Dillon Eustace,
Dublin, Ireland
Saul Feilbogen, Vitale, Manoff, Feilbogen,
Buenos Aires, Argentina
Elena Norman, Young Conway,
Wilmington, Deleware
Meredith Parenti, Weil Gotshal,
Houston, Texas
30 2012 Spring Meeting ABA Section of International Law