Event information

Date: Mon 11 Oct 2021 Time: 8.15am - 6.00pm BST Venue: Queen Elizabeth II Centre, Broad Sanctuary, Westminster, London SW1P 3EE

Venue: Queen Elizabeth II Centre, Broad Sanctuary, Westminster, London SW1P 3EE
Event Format: Hybrid (online tickets will only be available to those based outside of the United Kingdom)
Cost: Free for In-house legal teams, private practice and barristers

Our sixth annual Legal Business International Arbitration Summit will take place on 11 October 2021 and will see senior figures from the world of arbitration debate key issues in the field.

This year’s summit, which will as ever attract a blend of private practitioners and in-house counsel, will see a focus on the development of arbitration in the Covid era, including the opportunities and challenges facing arbitration centres to adapt to new ways of working; the types of disputes most likely to arise from the pandemic; and the emergence of new jurisdictions as seats.

Between comprehensive panel discussions and the opportunity to meet and engage with fellow counsel, the International Arbitration Summit 2021 promises to be a practical and forward-looking event, bringing together the world’s leading experts.

Agenda

8.15am – Registration
9.00am – Opening remarks

  • Jonathan Leach, Eversheds Sutherland

9.10am – Caveat emptor? M&A and company law claims in arbitration
The global lockdown in 2020 gave rise to conditions that encouraged disputes relating to M&A. Asset values adjusted materially, leaving buyers unable to complete and disputes around earn out mechanisms and purchase price adjustments. As economic activity surged back, so has the volume of M&A deals. This panel considers factors that dealmakers and lawyers might consider when deciding whether to commit to arbitration to resolve any future disputes.

  • Will Hooker, Boies Schiller Flexner (moderator)
  • David Hunt, Boies Schiller Flexner
  • Philippa Charles, Stewarts
  • John Coleman, Addleshaw Goddard

10.00am – Dealing with fraud and corruption in international arbitration
Continuing economic instability in the wake of the pandemic will almost certainly expose and, also fuel, a rise in fraud and corruption as businesses in many sectors struggle. In an international arbitration context, examples of fraud have ranged from the payment of bribes to secure the contract to ‘fake arbitrations’. In this session we will explore and discuss how such issues have been addressed as part of the international arbitration process – from the perspective of the parties, their counsel, and the arbitrators – and practical lessons that may be drawn by in-house counsel and others.

  • Greg Falkof, Eversheds Sutherland (moderator)
  • Gaurav Sharma, Quadrant Chambers
  • Angeline Welsh, Essex Court Chambers
  • Claire Stockford, Eversheds Sutherland

10.50am – Coffee Break

11.10am – It ain’t over ‘til it’s over: re-examining the landscape for challenges to arbitration awards
This panel will examine recent English law developments concerning challenges to arbitration awards, providing practical and up-to-date guidance for claimants and respondents in challenge proceedings. Issues will include when a procedural decision can be challenged, and how the courts are likely to balance the need for arbitral confidentiality against the need for transparency in court proceedings. The panel will also consider scope for reform of the Arbitration Act 1996: has English law got the balance right between the finality of awards and rights of recourse against arbitral decisions? The panel will also consider guidance that might be found in other jurisdictions, with a particular focus on French jurisprudence.

  • Charles Kimmins QC, Twenty Essex
  • Kate Parlett, Twenty Essex
  • Nigel Rawding QC, Twenty Essex (moderator)
  • Shaparak Saleh, Teynier
  • Myfanwy Wood, Ashurst

12.00pm  – Hybrid minds: the future of virtual hearings
The pandemic has forced us to be flexible and adaptable and has opened up new possibilities for the use of technology to run virtual proceedings. This session will assess how virtual and hybrid arbitrations have been run so far and look at the future direction of travel and how it will affect cost management.

  • Ken Beale, King & Spalding (moderator)
  • Shouvik Bhattacharya, King & Spalding
  • Steven Finizio, Wilmer Cutler Pickering Hale and Dorr
  • Timothy Foden, Lalive
  • Julian Hawes, International Arbitration Centre

12.50pm – Lunch

1.50pm – Business interruption claims and the pandemic – what have we learned?
Following Lloyd’s of London insurer Hiscox recently agreeing an arbitration settlement with the Hiscox Action Group over business interruption losses precipitated by the government’s Covid-19 lockdown last year, this panel will examine the fallout from the case and how arbitration will be used to run these claims in future.

  • Paul Reed, Gatehouse Chambers (moderator)
  • Amanda Burge, Hamlins
  • Dan Brooks, Wynterhill

2.40pm – All eyes on you – ethics in arbitration
Is international arbitration an ethical no-man’s land or are there rules of conduct applicable to counsel, arbitrators and funders? This panel will explore the divergence of approach to certain procedures in international arbitration (such as witness preparation) in different jurisdictions and will raise a question of the possibility of a universal code of conduct.

  • Tatiana Minaeva, RPC
  • Jonathan Wood, RPC (moderator)
  • Genevieve Poirier, Lalive
  • Marion Smith QC, 39 Essex

3.30pm – Coffee Break

3.50pm – Arbitration post-pandemic – the client’s perspective
Reflecting on the day’s discussions, this panel sees leading GCs give their take on the key issues facing companies in arbitration and outline what advisers need to learn from clients.

  • Michael Darowski, McDermott, Will & Emery (moderator)
  • Catherine Odigie, ED&F Man Capital Markets
  • Ryan Thorne, StoneBridge
  • Eva Kucich, Spectra

4.40pm – Closing remarks

  • Tom Baker, Legal Business

4.50pm – Drinks and canapes
6.00pm – Event concludes

Speakers


Jonathan Leach, global co-chair, international arbitration, Eversheds Sutherland
Jonathan Leach is global co-chair of Eversheds Sutherlands’ international arbitration practice, and also leads the UK practice. He advises and represents clients on their resolution of complex cross-border disputes across various industry sectors, with a focus on commercial arbitration, investment arbitration and public international law. He has particular experience of disputes relating to investments or trade in emerging markets. Over the last two decades Jonathan has acted as counsel for parties from Denmark, Dubai, Finland, France, Germany, Indonesia, Italy, Japan, Libya, Malaysia, Oman, the People’s Republic of China, Russia, Saudi Arabia, Singapore, South Africa, Switzerland, Taiwan, Thailand, the United Kingdom, the United States, Uzbekistan, and Vietnam.



Claire Stockford, international arbitration partner, Eversheds Sutherland
Claire Stockford is a barrister and partner in the international arbitration team of Eversheds Sutherland. Claire represents clients in both commercial and investor-state disputes. She has acted for clients in industries ranging from luxury hotels to windfarms, in jurisdictions including Madagascar, Kazakhstan, Turkey and Egypt, as well as those rather closer to home. Claire is recognised by Who’s Who Legal – Arbitration as a Future Leader.


Will Hooker, partner, Boies Schiller Flexner
Will acts for clients across a broad spectrum of commercial arbitration, investment arbitration and complex litigation in the English courts and overseas. Will has acted in dozens of arbitrations under all major institutional rules and in jurisdictions all over the world. He has very extensive experience handling disputes in the energy, oil and gas, mining, telecoms and industrial sectors. He has acted for large corporations, banks, funds, state-owned companies and individuals, and has also acted for and against states in treaty related claims.


David Hunt, counsel, Boies Schiller Flexner
David Hunt’s practice focuses on international arbitration, with a particular emphasis on investor-state disputes. He is a go-to lawyer for clients with complex international disputes. David has wide-ranging experience of international commercial and investor-state arbitration across a range of industries. He has particular experience in the telecommunications and financial services industries. David acts as advocate in his cases, speaks regularly on arbitration-related issues, and has recently published an important commentary on the enforcement of arbitration awards in the English courts.


Philippa Charles, head of international arbitration, Stewarts
Philippa Charles has 20 years’ experience acting as counsel in arbitration proceedings. Her clients include major global corporations in the aviation, pharmaceutical, power, and oil and gas industries. She is a solicitor-advocate and also sits as an arbitrator. Philippa has led teams in arbitration-related court proceedings, and in mediation and other ADR formats. She has acted in cases seated in England, France, Sweden, Switzerland, the US, the UAE, and Nigeria, under applicable laws including those of Venezuela, Brazil, China, and Russia.


John Coleman, partner, Addleshaw Goddard
John Coleman is a corporate/M&A partner at Addleshaw Goddard. He advises public and private companies, funds, private equity houses, impact investors and development finance institutions on mergers and acquisitions, joint ventures and commercial matters. John has extensive experience advising clients on cross-border transactions, including on investments in emerging markets, particularly Africa and the Middle East.


Greg Falkof, partner, Eversheds Sutherland
Greg Falkof is a partner in the international arbitration group of Eversheds Sutherland LLP. He has extensive experience of acting as counsel and advocate in numerous institutional and ad hoc arbitrations, including under the ICSID, ICC, LCIA, CIETAC, and UNCITRAL Rules.

Greg’s practice covers commercial arbitration in the fields of international infrastructure, energy, oil and gas and construction disputes, as well as international investment arbitration in the same sectors and public international law. He has conducted disputes across the globe, with a focus on disputes arising from large, complex projects in African or Middle Eastern jurisdictions. Greg also acts as arbitrator, both party-appointed and sole arbitrator. Prior to taking up the law, Greg was engaged as a professional construction engineer on large infrastructure projects.


Charles Kimmins QC, barrister, Twenty Essex
Charles specialises in commercial law, and represents clients in both court and arbitration proceedings. His cases tend to be high value and complex, and often involve multiple sets of proceedings in several jurisdictions. Charles has represented clients in a wide variety of disputes before the Supreme Court, Court of Appeal and High Court and has represented clients in many arbitrations under many different rules. Charles also sits as an arbitrator. He has particular experience of appeals from awards under s67, 68 and 69 of the Arbitration Act and acted for the LCIA in the Supreme Court case Halliburton v Chubb, dealing with issues of arbitrator bias. Charles is ranked in leading legal directories under numerous disciplines.


Kate Parlett, barrister, Twenty Essex
Kate specialises in public international law and international arbitration. She represents investors and states in investment treaty arbitrations, under the ICSID and UNCITRAL rules and also represents companies and individuals in international commercial arbitrations under the ICC, LCIA and Stockholm Chamber of Commerce rules. She is often instructed in matters involving complex cross-border transactions and investments and matters involving state-owned companies. She also frequently advises in cases where public international law intersects with domestic law. Kate also sits as arbitrator in international commercial arbitrations and is ranked as a leading junior in the directories for public international law.


Nigel Rawding QC, arbitrator, Twenty Essex
Nigel is recognised as a leading practitioner in international arbitration, having practised at Freshfields for 30 years as a partner in the firm’s international arbitration practice. He is a director of the LCIA and a member of the ICC UK Commission on Arbitration. He joined Twenty Essex as a full-time arbitrator in May 2021. His arbitration experience includes numerous ad hoc, ICC, LCIA and UNCITRAL arbitrations and other cases, mainly as counsel but also sitting as arbitrator. Nigel is an experienced solicitor-advocate and was appointed Queen’s Counsel in 2016 in recognition of his advocacy skills. Nigel has been consistently recognised as a leading practitioner in publications such as The Legal 500, described as being ‘of the highest class’ when working as counsel in arbitration proceedings, and also noted for ‘all-round litigation skills’.


Myfanwy Wood, partner, Ashurst
Myfanwy Wood is a partner in the international arbitration team at Ashurst with a broad practice and particular expertise in global energy and resources disputes, including the oil and gas sector, renewables, clean energy, mining and African related disputes. She also has experience in other markets including Asia, the Middle East, Europe and Australia. Myfanwy represents a range of global clients and is successful in running large, high value and technically complex disputes. Myfanwy advises in relation to commercial arbitration, investor state arbitration, other cross-border disputes (including litigation) and public international law. Myfanwy is listed as a Rising Star in the 2019 Legal 500 Arbitration Powerlist and in the 2020 and 2021 Legal 500 rankings.

Shaparak Saleh, Teynier
Shaparak Saleh, partner, Teynier
Shaparak Saleh is a partner at Teynier, a leading dispute resolution boutique firm. She has acted as counsel in a large number of commercial arbitrations both ad hoc and institutional, including under the ICC, IEMA, LCIA, UNCITRAL and VIAC rules. She also sits as arbitrator, including as chairperson. Her experience includes post-M&A disputes, and disputes in the construction, energy, aeronautics, space, telecommunications, chemicals and pharmaceutical sectors, relating to projects in Asia, the Middle East, Africa and Europe. Shaparak also has broad experience in pre- and post-arbitration litigation before the French courts, having represented clients in some 25 set-aside proceedings. She was also involved in enforcement proceedings of numerous awards against sovereign states, most notably in the Yukos case.


Ken Beale, partner, King & Spalding
Ken Beale has acted as lead counsel in numerous international arbitrations and related proceedings, most with several hundred million to several billion dollars in dispute. An international arbitration specialist, he has advised clients for more than 15 years in over 100 high‐stakes international commercial and investor‐state arbitrations throughout the world. He is described as ‘one of the best’ in the field and ‘very experienced in handling large cases’.

Paul Reed, Gatehouse Chambers
Paul Reed, Gatehouse Chambers
Paul Reed QC is a leading commercial practitioner specialising in construction, professional liability, property damage and insurance. He is regularly instructed in substantial, technical and complex civil, commercial, construction, insurance and professional negligence disputes. As well as being a popular and experienced advocate in court and in arbitration, he is also highly regarded for adjudication and advisory work. Paul has an extensive domestic and international practice, working regularly in the Middle East, the Caribbean and the Asia Pacific region as well as other areas.

Amanda Burge, Hamlins
Amanda Burge, head of dispute resolution, Hamlins
Amanda Burge is a partner and head of dispute resolution at Hamlins. Amanda advises on a wide range of commercial disputes and has over 24 years of experience acting for and assisting companies, partnerships and high-net-worth individuals. She has expertise in all types of contractual disputes and particular expertise in professional negligence and insurance coverage disputes, and disputes relating to finance, property, construction and engineering, IT and software licensing. Amanda has assisted various restaurant and hotel policyholders with business interruption claims as a result of the pandemic.


Dan Brooks, partner, Wynterhill
Dan Brooks has been noted consistently for the last few years in The Legal 500 (2018, 2019, 2020, 2021) and in Chambers (2021) as a ranked individual for policyholder coverage litigation. His specialist areas of work are construction risks, professional indemnity and property & business interruption claims including allegations of dishonesty and fraud. Like the firm as a whole, his insurance work relates to unusual and complex insurance claims which often involve litigation or arbitration.


Tatiana Minaeva, partner, RPC
Tatiana is a partner and co-head of the Russia practice at RPC. She represents clients based all over the world in international arbitration (both commercial and investor-state) and in cross-border litigation proceedings. Tatiana is ranked as a ‘global leader’ in international arbitration by Who’s Who Legal: Arbitration 2021 and is often appointed as an arbitrator under all the main arbitral rules.


Jonathan Wood, head of international arbitration, RPC
Jonathan is chair of the trustees of the Chartered Institute of Arbitrators and head of international arbitration at RPC. He has extensive experience supporting clients in a wide number of jurisdictions in arbitration proceedings and cross border litigation. He has a focus on international trade and credit and political risk insurance; he frequently sits as arbitrator.


Genevieve Poirier, partner, Lalive
Genevieve is an arbitration specialist, advising on the resolution of high-value international commercial disputes in some of the world’s largest and most complex arbitrations. Genevieve is experienced with the major institutional rules, including ICC, LCIA and AAA, and a variety of arbitral seats including London, Stockholm, New York, and Vienna. Her experience covers a broad range of commercial matters, including cross-border disputes in the telecommunications, oil and gas, insurance, shipping and financial services sectors, as well as shareholder and joint venture disputes.


Marion Smith QC, barrister, 39 Essex
Marion Smith QC is a barrister and arbitrator specialising in complex, high-value commercial and construction disputes in the UK and internationally. She has extensive experience as counsel before domestic courts and tribunals as well as in international arbitration. She is experienced acting as sole, chair or party appointed arbitrator and adjudicator in institutional and ad hoc arbitral tribunals, using the rules of the DIFC-LCIA, ICC, LCIA, LMAA and the UNCITRAL arbitration rules. Marion is ranked in The Legal 500 for construction and professional negligence and The Legal 500 Asia Pacific for construction, where she is described as ‘an amazing, first-class barrister who is organised and excellent at managing teams of lawyers and experts’. Marion is a fellow of the Chartered Institute of Arbitrators, deputy chair of the Chartered Institute’s Board of Trustees and deputy chair of the international committee of the Bar Council of England and Wales. She is also a Master of the Bench of Gray’s Inn.

Michael Darowski, McDermott, Will & Emery
Michael Darowski, partner, McDermott, Will & Emery
Michael Darowski focuses his practice on international commercial and investment disputes resolved through arbitration. He handles cases under English and other governing laws, and under the rules of all of the main arbitral institutions. Michael has substantial experience of acting in national court proceedings in various jurisdictions relating to all aspects of the arbitration process. He has arbitrated disputes all around the world, but has a wealth of experience of disputes from the CIS and Central Europe, the Middle East and Africa, and the Far East. Michael’s client base is fully international, ranging from multinational corporations and financial institutions to wealthy private individuals.


Catherine Odigie, head of legal, ED&F Man Capital Markets
Catherine recently took the helm of the legal and governance function of ED&F Man Capital Markets after spending a decade at StoneX; undertaking a similar role managing the legal and governance affairs of the business in Europe, Asia, the Middle East and Africa. She has substantial and extensive experience of commercial transactions involving commodities, foreign exchange, payment services and technology. She is also a member of the Chartered Institute of Arbitrators.

Ryan Thorne, StoneBridge
Ryan Thorne, general counsel, StoneBridge
Ryan Thorne is the general counsel of StoneBridge, with a primary focus on M&A, private equity and corporate law. He previously worked as in-house counsel for BlackRock’s Financial Markets Advisory (FMA) Group in London. In Australia, Ryan was Woolworths Group counsel for the Home Improvement Exit. Prior to this, he was a senior associate in the mergers and acquisitions group of King & Wood Mallesons’ Sydney office and an associate in the London office of Freshfields Bruckhaus Deringer.


Julian Hawes, International Arbitration Centre
Julian Hawes is the director of business development at the IAC where his focus is to bring high net worth cases to the arbitration venue. He took on the role having stepped down from Brick Court Chambers where he had been for 28 years – 22 years of which were as joint senior clerk and director of clerking. In his time there, Brick Court Chambers were involved in almost all of the key pivotal litigation since the 1990s in the commercial, European, competition and public law spheres. He has been described as ‘a true pro’ and ‘a responsive problem solver who really understands client service’.


Angeline Welsh, Essex Court Chambers
Angeline is a commercial litigator with over 15 years of experience and specific expertise in international arbitration. She has appeared (unled) before the English Commercial Court, the English Court of Appeal and conducted substantial advocacy before both commercial and investment treaty arbitral tribunals. She has also appeared (led) before the Supreme Court and the Privy Council, as well as various courts in the Caribbean. In addition, Angeline has substantial experience in handling cases involving issues of public law, constitutional law and human rights law.


Gaurav Sharma, Quadrant Chambers
Gaurav Sharma is an energy disputes specialist at Quadrant Chambers. His work spans all areas of the energy industry, from oil and gas production, buying and selling to renewable energy and the power/electricity sector. Gaurav spent a number of years as a senior disputes lawyer at Shell before joining Quadrant. He has extensive experience acting in international litigation and arbitration matters, including commercial and investment disputes. He is dual-qualified as a barrister and a French ‘avocat’ and is regularly asked to advise on disputes involving common and civil law aspects.

Shouvik Bhattacharya, King & Spalding
Shouvik Bhattacharya, a member of King & Spalding’s trial and global disputes group in London, maintains a broad international disputes practice, with a focus on complex and high-stakes international arbitrations. He also advises clients on issues of US federal and state law with a transnational focus. Shouvik has extensive experience of arbitrations in the energy industry.


Steven Finizio, Wilmer Cutler Pickering Hale and Dorr
Steven Finizio is a partner at Wilmer Cutler Pickering Hale and Dorr, based in London. He has acted as an arbitrator and as counsel under the rules of leading international arbitration institutions and in ad hoc proceedings, involving the laws of jurisdictions in Europe, Asia, Africa, South America, and the US, as well as disputes under bilateral and regional treaties. He has appeared as counsel in regional and other international courts, and has assisted in drafting arbitration legislation.


Timothy Foden, Lalive
Timothy Foden’s practice focuses on investor-treaty and complex commercial arbitrations in the mining and energy sectors, with additional experience in technology licensing, commodities and hospitality. Over the last ten years, he has represented dozens of investors in bringing claims against States under the Energy Charter Treaty and various bilateral investment treaties and represented multiple global mining and energy corporations. Tim also has extensive commercial arbitration experience.


George Fisher, SSE
George joined SSE as the dispute lead for the Dogger Bank Offshore Wind Farm Project – the world’s largest offshore wind farm. Before SSE, George was a senior associate at Mayer Brown, where he acted for both employers and contractors in relation to large infrastructure disputes, including in Europe, the Middle East and Central America. Prior to that, George worked in the construction dispute teams at Hogan Lovells and Eversheds. George has a longstanding interest in and experience of disputes in the renewable energy sector.

Eva Kucich, head of legal, Spectra

Agenda

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Covid-19 Entry Policy

Proof of Covid-19 status
All delegates will be required to show evidence of a negative lateral flow test (dated within 48 hours of attendance and reported on the Government website, displayed via text or via the NHS app) or proof of double vaccination no less than 14 days before attendance (displayed via the NHS app or NHS website).

Body temperature check
A thermal imaging camera is located in the Queen Elizabeth II Centre’s entrance to assess body temperature. Any delegate with a temperature over 100.4 F, 38.0 C will not be permitted to enter as this indicates a possible fever.

Face masks
Delegates are required to cover their face when in public areas of the Queen Elizabeth II Centre. Delegates will not be admitted to the site if they are not wearing a face covering or cannot present evidence of why they cannot wear a covering (lanyard/certificate). Face coverings will not be compulsory in the physical summit space.

Registration

International Arbitration Summit 2021

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