Current Trends in International Arbitration

Friday, September 6, 2013
The State Bar of California
180 Howard Street, 4th Floor,
San Francisco
9 a.m. - 5:30 p.m.

Earn up to 6 Hours MCLE Credit

You can now Register Online for this program.

Opening Reception hosted
by Arnold & Porter LLP
Thursday, September 5, 2013
Three Embarcadero Center,
7th Floor, San Francisco
6:00 p.m. - 7:30 p.m.
Please send RSVP to Stephanie Carman.

Sponsors | Program Overview | Program Schedule | Essential InformationPrintable Brochure (new window) | Mail/Fax Registration Form | Register Online (new window)

Sponsors

Platinum: Gold: Cooperating Entities:
  • Arnold and Porter LLP
  • Jones Day
  • Morrison Foerster
  • Amicorp
  • JAMS
  • King and Spalding
  • Sheppard Mullin
  • Wilmer Hale
  • American Bar Association International Law Section
  • Bar Association of California
  • Chartered Institute of Arbitrators
  • German American Business Association of California
  • Monterey International Trade Association
  • Northern California International Arbitration Club
  • Pepperdine School of Law Straus Institute for Dispute Resolution

Program Overview

With international arbitration continuing to grow rapidly as a preferred method for resolving cross-border commercial disputes, it is more important than ever to understand the advantages, drawbacks, peculiarities and pitfalls of this unique form of dispute resolution. This program will provide valuable insights to experienced and new lawyers alike regarding the practice of international arbitration and its value as a forum for resolving a wide variety of disputes that cross international borders. The program will include a luncheon with a keynote address by Gary Born, a leading authority on international commercial arbitration and one of the most sought-after arbitrators in the world. Mr. Born will speak on his novel proposal to expand the use of international commercial arbitration through adoption of bilateral arbitration treaties (BATs) inspired by the bilateral investment treaties (BITs) that underpin investor-state arbitration.

Schedule of Events

8 a.m.

Registration

Continental Breakfast

9:00 a.m. - 9:15 a.m.

Welcome and Overview

Conference Co-Chairs Maria Chedid & Jeffery J. Daar (Chair, International Law Section)

9:15 a.m. - 10:45 a.m.

Panel 1: Reports from Corporate Counsel : When Are California Companies Using International Arbitration? Is It Working?

California companies are on the front lines of international business dealings, particularly with counter-parties in East Asia, and inevitably face disputes that cross national boundaries. When are California companies opting to use international arbitration to resolve such disputes, and why? In this panel, we’ll hear directly from corporate counsel on what is -- and is not -- working in cross-border dispute resolution.

Moderator: Mark Danis, Morrison & Foerster

Panelists:

  • Kathryn Barnes, Chevron Corporation
  • Tammy J. Evans, The Boeing Company
  • Andrea Gross, Bechtel Corporation
  • Matt Ruby, Advanced Micro-Fabrication Equipment Inc.
  • Les Schiefelbein, Arbitrator & Mediator; formerly Vice President & Deputy General Counsel, Lockheed Martin Space Systems

10:45 a.m. - 11 a.m.

Break

11 a.m. - 12 p.m.

Panel 2: Considerations and Best Practices for In-House and Transactional Lawyers in Designing the Arbitration Clause and Proceedings

A well-thought-out dispute resolution policy and well-drafted contractual provisions for dispute resolution are essential to mitigating the risk inherent in cross-border transactions. This panel will discuss best practices in anticipating and preparing for cross-border commercial and intellectual property disputes across a variety of industries.

Moderator: Marcus Quintanilla, Jones Day

Panelists:

  • Scott Donahey, Arbitrator and Mediator
  • Grant L. Kim, Morrison & Foerster
  • Dan Tan, Dan Tan Law

12 p.m. - 1:45 p.m.

Lunch and Keynote Speaker - Gary Born

Lunch Provided

Gary Born is widely regarded as the world’s preeminent authority on international commercial arbitration and one of the world’s leading international arbitration practitioners. He has participated in more than 550 international arbitrations, including four of the largest ICC arbitrations and several of the most significant ad hoc arbitrations in recent history. Mr. Born was recently selected by leading international arbitrators and peer practitioners to receive the Global Arbitration Review’s inaugural “Advocate of the Year” award for 2010. He also was chosen by his peers as the “World’s Best International Litigator” in a recent survey by Legal Media Group. Mr. Born will speak on his novel proposal to expand the use of international commercial arbitration through adoption of bilateral arbitration treaties (BATs) inspired by the bilateral investment treaties (BITs) that underpin investor-state arbitration.

2 p.m. - 3 p.m.

Panel 3: Pitfalls and Challenges for the Advocate in International Arbitration Proceedings

International arbitration is a world unto itself, with its own distinctive policies, procedures, and practices that set it apart from trial practice in other venues. This panel of experienced arbitrators and arbitration counsel will lift the veil on secrets to successful, persuasive advocacy and to avoiding common pitfalls in international arbitration practice.

Moderator: Andrea K. Bjorklund, McGill University Faculty of Law

Panelists:

  • Maria Chedid, Arnold & Porter
  • Jack Coe, Pepperdine University School of Law
  • Robert Davidson, JAMS

3 p.m. - 3:15 p.m.

Break

3:15 p.m. - 4:15 p.m.

Panel 4: International Arbitration in California: California-Specific Issues and Trends

California is the 9th largest economy in the world. Is the use of international arbitration involving California-related transactions focused in certain industries or geographic regions? With the continuing growth in global cross-border transactions, is international arbitration in California keeping pace? What should practitioners and arbitrators know about arbitration in California? This panel will tackle various California-specific issues and trends in international arbitration practice and procedure.

Moderator: Jeffery J. Daar, Daar & Newman

Panelists:

  • Richard Chernick, JAMS
  • Neil A. F. Popovic, Sheppard Mullin
  • Steven L. Smith, Jones Day

4:15 p.m. - 5:15 p.m.

Panel 5: Report on Trends and Regional Developments from Arbitral Institutions

New centers of arbitration are cropping up around the world and established centers are adapting to the changing landscape of international arbitration. This panel will discuss regional and institutional trends and developments from the perspective of administrators of arbitral institutions.

Moderator: Anton A. Ware, Arnold & Porter

Panelists:

  • Steve Andersen, ICDR
  • Chiann Bao, Hong Kong International Arbitration Centre
  • Seok Hui Lim, Singapore International Arbitration Centre
  • Suzanne Ulicny, ICC International Court of Arbitration
  • Jay Welsh, JAMS

5:15 p.m. - 5:30 p.m.

Closing Remarks

5:30 p.m. - 7 p.m.

Networking Reception

Essential Information

Printable Brochure

Printable Brochure is provided for your convenience.

Pre-Registration:

The deadline to pre-register is August 30, 2013.

On-line Registration:

You can now Register Online for this program. Online registration closes after August 30, 2013.

Register by Mail or FAX:

To register by mail or fax, print out and complete the Mail/FAX Reg Form (new window) and return it with payment to the State Bar of California. Checks should be made payable to the State Bar of California. Photocopies may be used. Your registration must be received by August 30, 2013.

Mail to:

Program Registrations
State Bar of California
180 Howard Street
San Francisco, CA 94105

Or

FAX to:

Program Registrations at 415-538-2368. In order to fax your registration, credit card information is mandatory. VISA/MasterCard only. Photocopies of checks will not be accepted.

Cancellations & Refunds:

Requests must be received in writing by August 30, 2013. A $25 processing fee will be charged. No refunds after August 30, 2013.

On-site Registration:

On-site registration is subject to availability. Call to confirm space availability.

Questions:

For registration information call (415) 538-2508. For information regarding the program call (415) 538-2380.

MCLE:

The State Bar of California International Law Section is a State Bar of California approved MCLE provider.