Conference on International Arbitration and Mediation: Key Issues in International Dispute Resolution
Friday, November 19
Sponsor – Fordham
Welcome
9:30 AM – 9:35 AM
Speaker:
- Edna R. Sussman; Independent Arbitrator and Mediator & ADR Practitioner-in-Residence – Fordham Law School; New York, NY, USA
Launch of IMI-CCA-Straus Mixed Mode Task Force
9:35 AM – 10:55 AM
Description:
Are there creative dispute resolution provisions that can be included in contracts? Would parties benefit from a process facilitator to help them diagnose and design a bespoke process? Would greater use of nonbinding evaluations be helpful in assisting the parties achieve an amicable resolution? Should arbitrators play a role in facilitating settlement and, if so, how? What is the latest thinking on med-arb? Is interaction between the arbitrator and the mediator permissible and, if so, how should the process be protected? Are there enforceability issues that must be considered? At this session, the learning that has been developed and published by the Mixed Mode Task Force will be discussed.
Speakers:
- Kathleen Paisley (Moderator); Partner – Ambos Law & Independent Arbitrator; Brussels, Belgium and New York, NY, USA
- Laura A. Kaster; Independent Arbitrator and Mediator – Princeton, NJ, USA
- Jeremy Lack; Independent Arbitrator and Mediator – Geneva, Switzerland
- Dilyara Nigmatullina; Postdoctoral Researcher in the field of ADR – University of Antwerp Faculty of Law & Accredited Mediator; Antwerp, Belgium
- Professor Thomas J. Stipanowich; William H. Webster Chair in Dispute Resolution – Straus Institute, Pepperdine Caruso School of Law & Independent Arbitrator; Malibu, CA, USA
- Edna R. Sussman; Independent Arbitrator and Mediator & ADR Practitioner-in-Residence – Fordham Law School; New York, NY, USA
Opening Remarks
10:55 AM – 11:00 AM
Speaker:
- Louis B. Kimmelman; Independent Arbitrator – New York, NY, USA
Panel One – Jura Novit Curia: (How) Does This Principle Apply in International Arbitration?
11:00 AM – 12:30 PM
Description:
What do we expect or should we expect an arbitral tribunal to do with respect to the law that is to be applied in a case? Can a tribunal develop its own legal reasoning independent of what the parties have pleaded? Can a tribunal order remedies that have not been pleaded by the parties? Can a tribunal apply a law different from the law chosen by the parties in the contract or that the parties pleaded? Does a tribunal have an obligation to inform the parties of its legal reasoning and ask for their comments? The panel will address these questions regarding the relationship between a tribunal and the law that it applies.
A request for CLE credit is pending for NY. To receive credit, please record the codes that will be displayed on the screen during the program and submit the CLE form (linked below) and evaluation. You must provide your state bar/ARDC number in order to receive credit.
Speakers:
- Professor Giuditta Cordero-Moss (Moderator); Department of Private Law – University of Oslo & Independent Arbitrator; Oslo, Norway
- Rafael F. Alves; Partner – MAMG Advogados; São Paolo, Brazil
- Hon. Francesco Cortesi; Justice – Italian Supreme Court & Scholar-In-Residence, New York University School of Law; Rome, Italy
- Ina Popova; Partner – Debevoise & Plimpton LLP; New York, NY, USA
- Laurence Shore; Of Counsel and Head of International Arbitration Department – BonelliErede; Milan, Italy
Keynote Address: Reflections on Arbitral Assumptions
12:40 PM – 1:20 PM
Speaker:
- Neil Kaplan CBE QC SBS; Independent Arbitrator – Arbitration Chambers; Hong Kong
Panel Two – Technology in Arbitral Hearings: The Future is Here
1:30 PM – 3:00 PM
Description:
How is technology changing what we expect in international arbitrations? The first panel will focus on how technology has changed and will continue to change what we need and expect in an arbitral hearing. The second panel will consider how technology is impacting how we present complex information and concepts to the arbitral tribunal and how the arbitral process may be impacted by the use of such technology.
A request for CLE credit is pending for NY. To receive credit, please record the codes that will be displayed on the screen during the program and submit the CLE form (linked below) and evaluation. You must provide your state bar/ARDC number in order to receive credit.
Speakers:
- Paul Cohen (Moderator); Independent Arbitrator & Head of International Group – 4-5 Gray’s Inn Square Chambers; London, UK
- Sophie Nappert (Moderator); Independent Arbitrator – 3 Verulam Buildings, Gray’s Inn; London, UK
- Damian Hickman (Part 1); CEO – IDRC; London, UK
- Doug Jones AO (Part 1); Independent Arbitrator – Sydney Arbitration Chambers & Atkin Chambers, London & Toronto Arbitration Chambers
- Jonathan (Josh) Kallmer (Part 1); Head of Global Public Policy and Government Relations — Zoom Video Communications; Washington, D.C., USA
- Rekha Rangachari (Part 1); Executive Director – NYIAC; New York, NY, USA
- Marisa Marinelli (Part 2); Partner – Holland & Knight LLP; New York, NY, USA
- Jeffrey A. Rosenthal (Part 2); Partner – Cleary Gottlieb Steen & Hamilton LLP; New York, NY, USA
- Alan Treibitz (Part 2); CEO – Z-Axis LLC; Englewood, Colorado, USA
