Who’s Who Legal Future Leaders: Arbitration Conference USA

13.30: Welcome coffee and registration

14.00: Chairs’ opening remarks

Marinn Carlson, Sidley Austin
Érica Franzetti, Dechert

14.10: Session one: Investor-state disputes – a new dawn in treaty reform?

A new generation of investment treaties will likely mean new investor-state disputes, and new challenges therein. The USMCA – still to be ratified by the three governments involved – will present a new angle to be considered, and we will come to have a more rounded understanding of the CPTPP now that it is in force. But what do practitioners need to know in order to be ready for a new era? This panel will look at potential obstacles and issues facing investor-state disputes, including:

• Social issues and human rights and their intersection with investment treaty arbitration
• Environmental law and climate change, including efforts to foster green investments
• Expanding use of counterclaims by States – what impact do they have on arbitral decisions, damages sought and won, and other aspects of proceedings?
• Addressing allegations of corruption, including standards of proof, public policy arguments, and potential sanctions
• The impact of political forces, including economic nationalism, on investment disputes and arbitrations
• Overhauls, renegotiations, and terminations of States’ investment treaty portfolios

Moderator:
Érica Franzetti, Dechert

Panel:
Mallory Silberman, Arnold & Porter Kaye Scholer
Meriam Al-Rashid, Dentons
Borzu Sabahi, Curtis Mallet-Prevost Colt & Mosle
Patrick Pearsall, Jenner & Block

15.25: Coffee break

15.55: Session two: Discovery in aid of arbitration under 28 USC §1782

The process of obtaining information in the United States in aid of international arbitrations using 28 USC §1782 is continuing to evolve, as district and appellate courts have now spent 15 years implementing the US Supreme Court’s 2004 decision in the Intel v AMD case. What is the current state of play, and are we trending toward more or less discovery for use in international arbitration proceedings? Are the answers different for commercial arbitrations and investment treaty arbitrations? Will GDPR and corresponding domestic laws on data protection have an impact on such requests? This panel will provide an update on the law and dive into practical topics such as:

• How have arbitrators and counsel tried to use the framework of §1782 and Intel v AMD in innovative and interesting ways?
• What kinds of discovery have been most often granted, and have they been useful?
• How have counsel managed the relationship between discovery rights in the arbitration, and §1782 discovery outside the arbitration? Do you have to have a tribunal’s blessing to turn to §1782, and/or can it be used as a second bite at the tribunal’s own document production decisions?
• What do (and should) clients think about expanding the dispute to another “battlefield” via §1782 discovery?

Moderator:
James P. Duffy IV, Reed Smith

Panel:
Emma Lindsay, Withers Worldwide
Dan Tan, Dan Tan Law

16:55: Fireside chat with Lucinda Low

In this interview style session, we will pick the brains of leading practitioner Lucinda Low as to the future of arbitration, and how you can prepare for it.

Interviewer:
Marinn Carlson, Sidley Austin

17.40: Chairs’ closing remarks

Marinn Carlson, Sidley Austin
Érica Franzetti, Dechert

17.50 onwards: All delegates are invited to attend a drinks reception kindly sponsored by Sidley Austin