Arbitralwomen Newsletter

ArbitralWomen Newsletter

Uniting and promoting women in dispute resolution www.arbitralwomen.org Issue 36 | December 2019

Participants at the AW-YAWP SpeedNet event in Paris on 15 October 2019

This edition of the Newsletter is dedicated to reports by ArbitralWomen members on dispute resolution events in September and October 2019

ArbitralWomen members have reported on a October 2019, an ArbitralWomen-YAWP Speednet in Paris wide array of international dispute resolution events that took on 15 October 2019, and the ArbitralWomen Challenge: New place between September and October 2019. These events Ways to Challenge Diversity that took place in Hong Kong on were held in disparate parts of the globe — including Austria, 21 October 2019. Bosnia & Herzegovina, Brazil, Costa Rica, Croatia, China, the We thank the many ArbitralWomen members who have Czech Republic, England, France, Georgia, Germany, India, submitted these reports. These contributions make it possible Italy, the Netherlands, Russia, South Korea, Spain, Turkey, for us to share widely information about international dispute Ukraine and the United States. resolution events taking place around the world and feature These reports cover some highlights of the IBA Annual the role of ArbitralWomen members. Conference and related events in Seoul in September 2019. We also report on several events organised by ArbitralWomen, Dana MacGrath, Bentham IMF including an ArbitralWomen SpeedNet in London on 1 ArbitralWomen President December 2019 Newsletter Reports on Events

DIS40 Rise & Shine with Arbitration Workshop No.3: Tribunal Secretary—Tasks, Duties and its Role in the Arbitration Proceedings, 5 September 2019, Munich, Germany

good example of the difficulties and risks that may arise in connection with the engagement of a tribunal secretary. While both speakers confirmed that any arbitration proceeding undisputedly benefits from the engagement of a tribunal secretary in terms of efficiency, both also confirmed that the exact scope of the tasks of the tribunal secretary remains largely un- regulated and is often non-transparent. Against this background Alexander Shachavelev gave an overview of the tasks he was regularly assigned to as a tribunal secretary and alerted participants to pitfalls that they should ensure to avoid, most relevantly the impression that arbitrators delegate decision-making functions to the tribunal secretary. Susanne Schwalb emphasized that the Left to Right: Alexander Shachavelev, Julia Klesse, Susanne Schwalb, Nadine Lederer, Christian Stretz, Maike Michels engagement of a tribunal secretary should be organized in a transparent Rise and shine with come-address followed by a presenta- way, whereby the tasks of the tribunal Arbitration! As part of the series of tion of the speakers by Nadine Lederer secretary are to be defined in consul- morning workshops organized by the and Christian Stretz. tation with the parties. In this context, Munich chapter of the Initiative of Young Susanne Schwalb gave an introduc- Susanne Schwalb referred to the Young Arbitrators of the German Arbitration tion into the topic and the relevance of ICCA Guidelines on Arbitral Secretaries Institute (DIS40), GLNS Rechtsanwälte tribunal secretaries, with a summary of which offer guidance in the process of Steuerberater hosted a round-table the well-known arbitration proceeding of engaging and defining the tasks of a discussion on the tasks, duties and role Yukos Universal Ltd. (et al.) v. The Russian tribunal secretary. She concluded, how- of tribunal secretaries in international Federation where (following ten years ever, that there is often a discrepancy arbitration on 5 September 2019. The of arbitration proceedings) the arbitral between the tasks of a tribunal secre- discussion was led by Susanne Schwalb, award was challenged, inter alia, on tary as provided for in notes issued by Counsel at CMS Hasche Sigle in Munich the grounds that the tribunal secretary international arbitral institutions and the and Alexander Shchavelev, Associate had overstepped his role and become a tasks that are in fact assigned to tribunal at Pinsent Masons in Munich, both of “fourth arbitrator”. The main arguments secretaries. Both speakers argued for a whom have long-standing experience for this view were that the tribunal sec- more realistic approach in the relevant in supporting international commer- retary had invoiced a significantly higher rules and regulations. At the end, the cial and investment arbitrations as tri- number of working hours than the arbi- participants shared their experiences bunal secretaries. The workshop was trators whereby the content of the work and views on tribunal secretaries, and organized by Nadine Lederer, Senior could not be clarified. Furthermore, the a fruitful round-table discussion com- Associate at Hogan Lovells in Munich tribunal secretary had advanced from pleted the workshop. and Christian Stretz, Attorney at Ego an associate to a partner in his law firm Humrich Wyen in Munich, DIS40 region- during the proceedings and had started Submitted by Julia Klesse and Maike al co-chairs for Munich. to act as arbitrator himself in other cases. Michels, Associates at GLNS Rechtsan- The host Julia Klesse, Associate at In the opinion of Susanne Schwalb and wälte Steuerberater Partnerschaft mbB GLNS, opened the event with a short wel- Alexander Shachavelev, the case gives a in Munich

2 Gender Diversity in Führungspositionen. Sonntagsreden und Realität in der Europäischen Union, 9 September 2019, Vienna, Austria

Maria Pernegger (Media Affairs) and Günther Horvath (VIAC). It was kicked-off by a disturbing yet divert- ing presentation on the (in)visibility of women in media (see here for a summary) and some of the hotly debated issues included: Is gender diversity a question of the past which we can tick off already to move on to other, seemingly more important questions of diversity (as e.g. ethni- cal or geographical diversity)? Are businesses doing enough already (should they e.g. adopt an equiva- Left to Right: Heike Mensi-Klarbach, Melanie Eckl-Kerber, Günther Horvath, lent to the Equal Representation in Judith Knieper, Herbert Cordt, Maria Pernegger, Paul Oberhammer Arbitration Pledge)? Should women As this discussion confirmed, duction on where we stand on gender adopt “male” communication styles when it comes to equal representa- diversity in arbitration shared by Lisa and habits (which may not always tion of men and women in top po- Beisteiner set the ground for a general mean playing by the rules) in order sitions, nothing should be taken for panel discussion. This truly controversial to succeed or should adaptation go granted yet. Whilst Mariana Kühnel discussion was moderated by Judith the other way? The debate sparked reported on the challenges young Knieper (UNCITRAL) and comprised lively reactions from the floor and women are (still) facing when taking Heike Mensi-Klarbach (WU, Economic was continued over drinks. on management positions within the University Vienna), Melanie Eckl-Ker- Austrian Chamber of Commerce, a ber (IV, Industriellenvereinigung), Submitted by Lisa Beisteiner, comprehensive keynote delivered by Herbert Cordt (RHI Magnesita), Paul ArbitralWomen member, Partner, Prof. Daniela Bankier and an intro- Oberhammer (University of Vienna), zeiler.partners, Vienna, Austria

DIS Autumn Conference 2019: Third Party Funding—Short-term hype or more? 10-11 September 2019, Berlin, Germany

The German Arbitration Ulrike Gantenberg, Partner, Heuking panel included AW Member Sarah Ganz, Institute’s (DIS) Autumn Conference was Kühn Lüer Wojtek, Düsseldorf, who Counsel, WilmerHale, London. The pan- held in Berlin on 11 September 2019, on brought her own insights into the var- ellists spoke at length about what TPF the theme: “Third-Party Funding – Short- ious challenges that accompanied the in international arbitration at its core term hype or more?”. The conference rise of TPF in international arbitration entailed and the reasons for its growth in saw participation from a number of and how the arbitration community must recent times. They also highlighted some ArbitralWomen members. The confer- collectively respond to them, and guided of the common myths and misconcep- ence began with a welcome address by the 200 conference delegates through tions surrounding TPF in international Prof. Herbert Kronke, Chairman, DIS, the four panels. For full information re- arbitration, elaborating on the need to where he spoke about the meteoric rise garding the program, please click the dispel many of these notions among of third-party funding (TPF) in interna- button at the end of this report. regulators and practitioners alike. tional arbitration in recent times. The The first panel was on the topic of The second panel, on the topic: “The welcome address was moderated by “Demystifying Third-Party Funding”. The regulatory framework for TPF and re-

3 December 2019 Newsletter

The fourth and final panel discussed the question: “Is TPF changing the arbitration process as we know it?”. AW Member Marie Danis, Partner, August Debouzy, Paris was one of the panellists. The panellists highlighted that while in many ways TPF had brought about a number of significant changes in the arbitration landscape, it must not be viewed as a hostile development or one that must be prohibited altogether. Instead, it is important to ensure that all conversations about regulating TPF, whether in the commercial or investment Left to Right: Dirk Knottenbelt, Marina Weiss, Kim Rooney, Alice Broichmann, context, take place in an open, transpar- Carl Persson, and Theo Paeffgen. ent and solution-driven manner. gional perspectives”, was moderated these countries, existing laws, particular- The conference concluded with the by AW Member Alice Broichmann, ly those governing TPF in litigation could overwhelming consensus among all the Counsel, Allen & Overy, Munich. AW be applicable to arbitration as well. The participants that TPF was here to stay; Member Marina Weiss, Counsel, Bredin panel also touched upon some of the hence, the question was how to regulate Prat, Paris participated as one of the efforts made by arbitral institutions such and respond to its growing influence in panellists and specifically discussed the as ICSID to regulate TPF through institu- international arbitration. structure of TPF regulation in France, a tional rules, including the all-important major hub for international arbitration. question of disclosure of such funding. DIS Autumn Conference This panel further shed light on some of The third panel, entitled: “The unu- 2019 Programme.pdf the regulatory efforts across the world sual suspects”, saw participation from directed at TPF in arbitration, including members of finance firms, litigation and recent legislative changes in Hong Kong arbitration financiers, insurance brokers Submitted by Marina Weiss, and Germany. While not all jurisdictions and arbitral institutions, ensuring that a ArbitralWomen member, Counsel, had adopted specific legislations or reg- diverse set of perspectives towards TPF Bredin Prat, Paris, France ulations governing TPF in arbitration, the from various stakeholders were brought panellists emphasized that in many of to the table.

Infrastructure Disputes: What the Future Holds for Us, 12 September 2019, London, UK

The Dispute Appointment Service of the Chartered Institute of Arbitrators (CIArb) and Deloitte LLP organised a discussion on the future of infrastructure disputes. The conversation addressed a plethora of new challenges and opportunities in the field, such as issues of dispute resolution, including ADR and avoidance, the participation of Left to right: Nicholas Gould, Matthew Smith, Nita Mistry, Rebecca Shorter and Olena Gulyanytska state-owned entities, funding and operations, risk management issues, first introduced the importance of being Olena Gulyanytska FCIArb, sustainability and technology. a member of ArbitralWomen to advance Head of Dispute Appointment The event consisted of two panel the interests of female practitioners and Service at CIArb, and Nita Mistry, discussions led by leading lawyers promote women and diversity in interna- Senior Associate at K&L Gates, both and commercial experts. Moderating tional dispute resolution, before giving ArbitralWomen, participated on the the Panel, Olena Gulyanytska FCIArb the floor to the distinguished Panel. legal panel. Their presentations fo-

4 cused on the complex legal issues proceedings in mega project arbitrations, the process. As part of her discussion that come part and parcel with con- i.e. dividing the arbitral proceedings relating to the effectiveness of CABs, struction and infrastructure disputes. into at least two parts, for example, by Olena highlighted promising statistics Nita Mistry eloquently navigated separating jurisdiction and merits and which demonstrate 60% of projects the intricacies of arbitral proceed- then merits into questions of liability using CABs had no disputes and 98% ings as they arise in the resolution and quantum and / or splitting issues of disputes referred to a CAB did not of large infrastructure investments. according to the parties involved and / reach litigation or arbitration. Targeting the issues inherent to legal or by particular issues. Finally, in her discussion of what project management in mega project The presentation given by Olena trends are visible in construction arbitrations where the large team of Gulyanytska FCIArb highlighted the disputes, Olena predicted a future lawyers, experts, factual witnesses growing use of Dispute Avoidance rise in the use of dispute avoidance and stakeholders require channels Boards (DABs) and Conflict Avoidance mechanisms and an increasing num- of communication to be effectively Boards (CABs) in domestic and interna- ber of services becoming available coordinated. tional construction disputes. As a simple to facilitate this such as CIArb Early Illustrating the complexity of introduction to DABs, Olena defined the Neutral Evaluations, CIArb DABs and mega project dispute resolution, process of dispute resolution as panels CIArb CABs. Nita indicated how each company of neutral practitioners with certain spe- If you would like to find out more with a co-venture interest in the pro- cialisations and/or qualifications, which about the event please click the but- ject must be understood and taken provide ongoing support to constructive ton below. into account. Nita touched on the services throughout the duration of the impact co-ordination, communica- project. The discussion showcased the Click here here to tion and decision-making amongst true potential of DABs to avoid disputes view the interviews. the co-venturers may have on the rather than settle any problems that arbitration proceeding, particularly have arisen after the event. in mega project arbitrations. The key features of the CIArb Dispute Submitted by Olena Gulyanytska, Nita also addressed the impor- Avoidance Board Rules 2014 were also Head of Dispute Appointment Ser- tance of considering the appropriate- analysed to give construction profession- vice, CIArb ness of bifurcation of the arbitration als an insight into how the law regulates

Kyiv Arbitration Days 2019: Think Big! 13 September 2019, Kyiv, Ukraine

On 13 September 2019, Kyiv hosted its annual conference “Kyiv Arbitration Days 2019: Think Big!” This year’s keynote speaker, Alice Fremuth-Wolf, Secretary General of the Vienna International Arbitral Centre, delivered a speech on diversity in arbitration. While noting that the door is now open more widely to talented women to take their place in the world of international arbitration, she emphasised that there still remain unconscious biases against appointing female arbitrators. In conclusion, she urged all stakeholders to fight their unconscious biases and Left to Right: Arne Fuchs, Kristen Young, Jennifer Younan and Laura Hardin be mindful of diversity in their practice. The first panel moderated byDenis as the Prague Rules) and other soft law and James Castello, Partner at King & Lysenko, Partner at Aequo (Ukraine), instruments. The panellists (Thomas Spalding (France)) discussed the main was dedicated to the Rules on the Williams, Partner at Sultan Al-Abdulla features of the Prague Rules, such as lim- Efficient Conduct of Proceedings in & Partners (Qatar), Daniel Greineder, ited document production and a more International Arbitration (also known Partner at Peter & Partners (Switzerland) proactive tribunal. In addition, the pan-

5 December 2019 Newsletter ellists considered whether the Prague Committee of the Kyiv Arbitration Days (Germany). Kristen Young, Partner at Rules could become a real alternative to also organised a session with Andriy White & Case (USA) talked about the the IBA Rules on the Taking of Evidence Kobolyev, CEO at Naftogaz (Ukraine). key ethical obligations of arbitrators, in International Arbitration. Mr Kobolev’s presentation was fol- such as independence and impartiality. Mediation was the topic of the lowed by a Q&A session moderated by Jennifer Younan, Partner at Shearman second panel. The panelists (Sharon Markiyan Kliuchkovskyi, Partner at & Sterling (France) discussed the issue S M Ong, Policy Advisor Director at Asters (Ukraine). of sanctions in international arbitration, the Ministry of Law (Singapore), Heidi The third panel (constituted of while Laura Hardin, Managing Director Merikalla-Teir, Managing Partner at Nikolaus Pitkowitz, Partner at Graf at Alvarez & Marsal (USA) talked about Merilampi (Finland) and Alexander & Pitkowitz (Austria), Veronika Korom, independence and enforcing standards Scard, Senior Associate at Kennedys Assistant Professor at ESSEC Business of ethics on experts. (United Kingdom)) discussed the benefits School (France), Jonathan Gimblett, This year’s presentations may be of mediation and whether the United Partner at Covington & Burling LLP (USA) found at the official website of the event: Nation Convention on International and moderated by Ziva Filipic, Managing Settlement Agreements Resulting from Counsel at the ICC International Court Kyiv Arbitration Days Mediation (also known as the Singapore of Arbitration (France)) was on the top- Presentations. Convention on Mediation) could repeat ic of cybersecurity. Among the things the success of the New York Convention discussed were the expectation of con- on the Recognition and Enforcement of fidentiality, technological risks, trustwor- Submitted by Mariia Tsarova, Arbitral Awards. thiness of evidence and hacking. ArbitralWomen member, Associate, Given the significant interest of arbi- The panel on ethics in investment ar- Shearman & Sterling, Paris, France tration practitioners in Naftogaz’s arbi- bitration was moderated by Arne Fuchs, Pictures courtesy of Ukrainian Bar trations against Gazprom, the Organising Partner at McDermott Will & Emery Association

XI ABA Conference of the Resolution of CIS-Related Business Disputes, 18 September 2019, Moscow, Russia

Now in its 11th year, this practice-oriented conference addressed the latest developments in Commonwealth of Independent States (CIS)-related business and investment dispute resolution. The Conference was well attended, with registrants from Austria, the BVI, Chi- na, Cyprus, France, Germany, Hong Kong, Japan, Kazakhstan, Nether- lands, Russia, Sweden, Switzerland, the UK, and the US. Laura Hardin, Managing Director, Alvarez & Marsal, Houston, Texas

and Lisa M. Richman, Partner, Left to right: Dmitry Marenkov, Katherine Simpson, Shirin Saif, Dominic Pellew McDermott Will & Emery, Washington DC presented at the roundtable Kong also presented on the panel. Wittmer Ltd. Zurich, Switzerland, “Forethought spares afterthought: Kathleen Paisley, Partner, Ambos moderated a panel entitled “The maximizing return on pre and post- Lawyers, Antwerp, Belgium and Elena future of investor state dispute set- award interest, costs, and other Mazetova, Petrol Chilikov, Moscow, tlement: CIS perspectives.” Audience ‘non-core’ components of arbitration Russia presented on the panel entitled members learned about the latest damages.” Their interactive role- “Straight from the source: Obtaining ‘pri- developments, including the fu- play un-tangled difficult damages vate’ information from reluctant third ture of the Energy Charter Treaty concepts and costs strategies, and parties.” following Achmea and the CIS ap- kept the audience entertained. Olga After the lunch break, Dr. Anna proach to the new generation of in- Boltenko, Fangda Partners, Hong Kozmenko, Partner, Schellenberg vestment treaties. Olga Tsvetkova,

6 Head of International Litigation and panel’s “soft skills” session, this panel Oksana Wright, Fox Rothschild Arbitration at the Russian Ministry provided valuable, cross cultural advice LLP, New York, USA presented on of Justice, Moscow, Russia also pre- about case presentation – with prizes the “The evolving landscape of legal sented on the panel. for audience participation! privilege and disclosure obligations” Dr. Katherine Simpson, Tatiana Minaeva, Partner, Reynolds panel. Arbitrator with 33 Bedford Row Porter Chamberlain, London, UK pre- The social program that accom- Chambers (London) and Simpson sented on the “Bifurcation in interna- panied the Conference was valua- Dispute Resolution (US), moderated tional arbitration” panel. The panel dis- ble and helped participants from a panel entitled “The role of the sec- cussed when bifurcation is useful and Austria, the BVI, China, Cyprus, retary to the tribunal: fourth arbitra- presented the tactical considerations France, Germany, Hong Kong, tor or support staff?” The audience for counsel and the due process and Japan, Kazakhstan, the Netherlands, learned about challenging an Award efficiency considerations for neutrals. Sweden, Switzerland, the UK, and the based on a fourth arbitrator theory Nastya Malygina, US to learn from (and about) one an- from Shirin Saif, Senior Associate, PricewaterhouseCoopers LLP, London, other. This American Bar Association Roschier, Stockholm, Sweden. In UK presented as part of the “So you ‘won’ conference was co-organized by response, Dr. Simpson noted the your case, now what do you have to the Russian Arbitration Association, difficulty of such a claim, i.e. that (1) show for it?” panel, which urged practi- which sought to (and, in my mind, arbitrators enjoy making their own tioners to give due regard to damages succeeded in) introducing guests to decisions and are unlikely willing to arguments already at the beginning of the best of Russian hospitality and delegate the task, and (2) arbitrators their cases. cuisine. Through this and the pan- have a rational economic interest in Maria Gritsenko, Associate General els, one left the conference more not permitting a Secretary to over- Counsel–Litigation, VEON, London, competent in the business, legal, step: after all, at each hearing and UK, presented on the panel “Game of and cultural aspects of CIS-related during each deliberation, arbitrators Venues: An ongoing tale featuring tu- business disputes. are on a performance-based inter- mult beyond the Narrow Sea, the rise view for their next position. of dragons, and upstart challengers for Submitted by Dr. Katherine Simpson, Huawei Sun of Zhong Lun, the throne.” Arbitrator, 33 Bedford Row Cham- Beijing, China presented as part of Aisha Manapova, Assistant Registrar, bers, London, U.K. and Simpson Dis- the “Making your case: Practical tips International Arbitration Centre, Nur- pute Resolution (US) and Dr. Anna on oral presentation and advoca- Sultan, Kazakhstan presented on the Kozmenko, Partner, Schellenberg cy” panel. Building on the prior year panel “What’s happening in Kazakhstan?” Wittmer Ltd. Zurich, Switzerland

California Women Lawyers 2019 Annual Conference “Rise–Lifting as We Climb” 19-20 September, 2019, Sacremento, California, USA

At the California Women Lawyers’ (“CWL”) Annual Conference on 20 September 2019, entitled “Lifting as We Climb,” ArbitralWomen member, Ruth V. Glick, Independent Arbitra- tor and Mediator associated with the American Arbitration Association/ICDR, was part of a panel including the Hon. Louise LaMothe, U.S. Magistrate Judge, Central District of California and Arbitra- tor and Mediator, Tamara Lopez, JAMS Mediator and Arbitrator, and Neda Mansoorian, Principal, Mansoorian Law P.C., discussing the challenges of Women in ADR.

In the United States today, 50% Left to Right: The Hon. Louise LaMothe, Ruth V. Glick, Tamara Lopez and Neda Mansoorian of law school graduates are women

7 December 2019 Newsletter and between 25% and 33% of state and how it raised the consciousness of Unconscious implicit bias as a factor and federal judges are women. Yet, at least two major ADR providers, the influencing arbitrator and mediator se- women comprise only 20-25% of do- American Arbitration Association and lection was also addressed by the panel. mestic and international arbitration JAMS, who now regularly insure that Both speakers and audience were in appointments and are selected even lists of neutrals sent to parties contain agreement that the subject of greater less frequently for large commercial several women neutrals. Other panelists participation of women in ADR must and employment mediations. Even with discussed how women can help other remain in the limelight, and those with the Equal Participation in Arbitration women. An increasing number of liti- the ability to do so must demand that Pledge, supported by ArbitralWomen, gators and corporate counsel are now more women be considered as neutrals the number of women selected to serve women and can and must demand that for their cases. in large cases is disproportionately greater numbers of qualified women fewer than the availability of qualified arbitrators and mediators be made avail- Where are the Women women neutrals. able to them on ADR rosters, and then Arbitrators? The Battle The panel discussed the challeng- must make the commitment to actually to Diversify ADR. es they have faced and how they have select them. overcome them. Diversifying ADR is an ongoing Ruth Glick described the origin of the challenge. See “Where are the Women Submitted by Ruth V. Glick, American Bar Association’s Women in Arbitrators? The Battle to Diversify ADR”, ArbitralWomen member, Arbitrator, Dispute Resolution (WIDR), when she was published by the ABA Commission on Mediator, Attorney at Law, Burlingame, Chair of the Dispute Resolution Section, Women in the Profession. CA, USA

FTI Consulting's Women’s Initiative (WIN) cocktail, 19 September 2019, Paris, France

2016 Games, but rather establishing herself as a respected player in a typ- ically male dominated field. She also discussed with the audience how she managed to find balance between her private and professional life and her experience managing doubts and stress when facing professional challenges.

Submitted by Juliette Fortin, ArbitralWomen Board member, Sen- ior Managing Director, FTI Consulting, Paris

Left to right: Sarah Ourhamoune, Anna Adlewska and Juliette Fortin

On Thursday, 19 September Anna Adlewska and Stéphanie Lhomme. 2019, FTI Consulting’s Women After a short rooftop drinks recep- Initiatives hosted what is now an tion, with one of the most incredible annual rendez-vous dedicated to views of Paris, Sarah Ourahmoune, its network of female clients, and boxing world champion and vice champi- arbitration and litigation practitioners. on at Rio 2016, addressed the audience The event was held at the Raphaël hotel, on her personal experience challeng- in Paris. Attendees were welcomed ing stereotypes. She explained by Juliette Fortin, member of the that her most important Board of ArbitralWomen and head of challenge was not pre- FTI Consulting’s dispute team in Paris, paring technically for the

8 8th Asia Pacific ADR Conference, 20 September 2019, Seoul, South Korea

Kap-You (Kevin) Kim, senior partner at Bae, Kim & Lee LLC, under the heading: “Civil v. Common Law Revisited in the context of ensuring legitimacy and delivering efficiency,” Siegfried H. Elsing, partner at Orrick Henington & Sutcliffe LLP, presented an overview of the topic, including of the Gangnam principles, born locally. Other panellists included Janet Walker, independent arbitrator at Arbitration Place & Outer Temple Chambers, Carita Left to Right: Janet Walker, Carita Wallgren-Lindholm, Michael Lee, Wallgren-Lindholm, international arbi- Siegfried H. Elsing, Kap-You (Kevin) Kim trator from Finland and Michael Lee, During the 2019 Seoul ADR in Dispute Resolution”, highlighting im- arbitrator, 20 Essex Street Chambers. Festival, the 8th Asia Pacific ADR Con- portant aspects of the need for balance ference was held, entitled: “Ensuring between ensuring legitimacy and deliv- Submitted by Carita Wallgren-Lindholm, legitimacy, Delivering Efficiency: Pro- ering efficiency in international dispute ArbitralWomen member, international cedural Trends and Potential Reforms resolution. On a panel moderated by arbitrator from Helsinki, Finland

Roundtable on the law and practice of international arbitration, 20 September 2019, Paris, France

On 20 September 2019, the LL.M Business Law, Arab World and Middle East of Sorbonne Law School held an event (in French) on the law and evolving practice of international arbitration in France. Sorbonne Law School wishes to express its gratitude to Pr. François Ameli, Head of the LL.M Business Law, Arab World and Middle East, and to the Chartered Institute of Arbitrators for sponsoring the networking cocktail reception. Philippe Delebecque (Sorbonne Law School), President of the Paris Chamber of Maritime Arbitration, moderated the sessions in an enthusiastic way by raising insightful questions and providing the audience with valuable reminders of the key issues raised by each speaker. Amel Makhlouf (Sorbonne Law School / CIArb) gave an opening address on the practice of third-party funding (TPF) whereby a funder (a Left to right, (first row) Philippe Delebecque, François Ameli, Amel Makhlouf, Chiraz Abid, Olena Gulyanytska, Joséphine Hage Chahine; (second row) Paul Giraud, Alexis Foucard financial institution, an investment fund or an insurance company) pro- to cover part or all of the cost of its ex- if the claim is successful. Dr. Makhlouf vides financial support to a claimant penses, in return for a share of damages described the use of this practice in

9 December 2019 Newsletter

both litigation and arbitration, mainly referring to several decisions rendered (Altana) discussed the issue of ascer- developed in common law jurisdic- by the Paris Court of Appeal. taining the content of the applicable tions from the 1990s (Australia, the The reflexion was taken for- law on the merits in international ar- United States, the United Kingdom, ward with Joséphine Hage Chahine bitration. After a critical review of the New Zealand) and to a more limit- (Sorbonne Law School / Leboulanger & current methods of establishment of ed extent in civil law jurisdictions Associés) discussing the parties’ ability the applicable law, Dr Abid concluded (Germany, Austria, Switzerland). After to opt out of annulment review through that many difficulties are still encoun- presenting the main benefits and a waiver clause. Dr Hage Chahine ad- tered, especially regarding the use of disadvantages of TPF, Dr Makhlouf dressed the validity requirements of legal expertise and administrative exposed its recent developments such clause, described circumstances secretaries, which might reduce the in France. Ultimately, Dr Makhlouf under which it might be considered efficiency and the celerity expected addressed the potential risks and pathological and distinguished between by the parties from the arbitration legal issues raised by TPF under the curable and incurable pathological process. Finally, Dr Abid expanded French legal framework, notably its clauses. Subsequently, Dr Hage Chahine the discussion on new devices to compatibility with the rules of ethics enumerated various techniques based be potentially implemented in the that all lawyers practicing in France on the French law of contracts to re- arbitration field. shall at all times follow in fulfilling solve such pathology, referring nota- To conclude, Olena Gulyanytska their professional responsibilities. bly to the principle of good faith in the (CIArb) discussed with the audience Then, Paul Giraud (Université de performance of the contract and to on anti-suit injunctions restraining a Picardie Jules Verne) discussed the contract interpretation guidelines. party from instituting or continuing reasoning of arbitral awards under Alexis Foucard (Clifford Chance LLP) the proceedings in foreign courts. In French law. Pr Giraud first explained engaged in an interesting discussion her view, anti-suit injunctions often the significance of this notion involv- questioning the growing importance attract undue criticism in civil law sys- ing all the actors of the proceeding of compliance standards in interna- tems such as France. Though those (arbitrators, counsel, parties, the ar- tional arbitration and how arbitrators injunctions are frequently seen as bitral institution and the annulment may be subject to increasing scrutiny an offensive tool, Ms Gulyanytska judge), before specifying its legal from state courts in the presence of red sought to underline the benefits of implications regarding the ground flags. Referring to situations where a such discretionary remedy granted for annulment for lack of reasoning party relies on breaches of compliance by English courts, illustrated by var- in domestic arbitration (article 1492 standards, Mr Foucard discussed the ious decisions. 6°, French Code of Civil Procedure), relevance of the red flags method with The conference was followed by the arbitrator’s compliance with some concrete examples taken from a networking cocktail reception pro- his/her mission, the parties’ right French law. Mr Foucard also invited viding an opportunity to exchange of reply and the international or pro- the audience to question the respec- further on the new challenges and cedural public policy. Throughout tive missions of the annulment judge arbitration trends in France. his presentation, Pr Giraud invited and the arbitrator, together with their the audience to assess the mission responsibilities in fostering a transna- Submitted by Dr. Amel Makhlouf, of the annulment judge in relation tional culture of compliance. ArbitralWomen Member, CIArb / Lec- to the reasoning of arbitral awards, As the fifth speaker, Chiraz Abid turer in Law, Sorbonne Law School

IBA Arb40 Workshop: arbitrator challenges and conflicts of interest, 22 September 2019, Seoul, South Korea

Ahead of the International Bar the IBA Arb40 Subcommittee delivering ing challenges to arbitrators for alleged Association (IBA) Annual Conference, welcoming remarks. conflicts of interest, and discussed the Seoul 2019, the IBA Arb40 Subcommit- Julie Bédard, Partner at Skadden, potential for various developments in tee organised a workshop in Seoul for Arps, Slate, Meagher & Flom, New York arbitration, such as third-party funding younger members of the arbitration and Co-Chair of the IBA Arbitration and the use of social media for profes- community. This year’s topic was arbi- Committee, then delivered a keynote sional networking, to give rise to new trator challenges and conflicts of interest. speech at the workshop. She addressed grounds for arbitrator challenges. The workshop opened with André de the continuing relevance of the revised The first panel explored the theo- A. Cavalcanti Abbud, Partner at BMA IBA Guidelines on Conflicts of Interest retical framework on challenges and Advogados, São Paulo and Co-Chair of in International Arbitration in resolv- conflicts of interest across different

10 eral at the ICC International Court of Arbitration, Paris, Arie C. Eernisse, For- eign Attorney at Shin & Kim, Seoul, and Jennifer Lim, Registered Foreign Law- yer (New York) at Debevoise & Plimpton, Hong Kong SAR, presented a number of concrete scenarios. These scenarios covered a broad range of situations where arbitrator conflicts or challenges might arise, including issue conflicts and close

Left to Right: Ana Serra e Moura, Arie Eernisse, Jennifer Lim friendships and relationships between arbitrators, parties, counsel, experts, third party funders and witnesses. The members of the audience participated actively in this session, volunteering their views and sharing their personal experiences with arbitrator challenges. At the end of the workshop, Noradèle Radjai, Partner at Lalive, Geneva and Co-Chair of the IBA Arb40 Subcommittee, gave closing remarks,

left to right: Shreyas Jayasimha, Hamid Abdulkareem, Karen Yoo touching on the issues raised by the panellists and audience members. jurisdictions. Hamid Abdulkareem, and the People’s Republic of China, and Submitted by Z.J. Jennifer Lim, Partner at Aluko & Oyebode, Lagos Shreyas Jayasimha, Founder of Aarna ArbitralWomen Member, Registered covered Nigeria and Africa more gen- Law, Bangalore covered India. Foreign Lawyer (New York), Debevoise erally, Wonyoung Karyn Yoo, Associate The second panel, comprising Ana & Plimpton, Hong Kong SAR at Kim & Chang, Seoul covered Korea Serra e Moura, Deputy Secretary Gen-

LCIA Asia-Pacific Users’ Council Symposium, 22 September 2019, Seoul, South Korea

The LCIA Asia Pacific Users’ posia, this interactive style has been the Arbitration in the Era of Trade Wars Council Symposium, which this LCIA’s long-standing approach to event and Nationalism — a speech which year preceded the IBA’s Annual sessions and delegate participation, in- has been published on the LCIA Conference in Seoul, South Korea, troducing the latest topics and trends website. was opened by Paula Hodges QC in International Arbitration and ADR. of Herbert Smith Freehills London, Liz Kyo-Hwa Chung of Microsoft, Submitted by Jack Stanley, Digital President of the LCIA Court as Seoul, and President of the LCIA Asia Marketing Coordinator, London Court well as member and advocate of Pacific Users’ Council, and Jern-Fei Ng of International Arbitration, London, ArbitralWomen. QC of Essex Court Chambers, London, United Kingdom The symposium featured an LCIA co-chaired the ‘Tylney’ session in Seoul. ‘Tylney Hall’ style session, whereby An anonymised version of the topics cov- delegates are encouraged to sub- ered can be found on the LCIA website. mit topics and questions in advance. The event was closed with a key- On the day, participants engage in note address by Dr. Eun Young a free flowing discussion of the top- Park of Kim & Chang, Seoul, ics raised and other subjects of key and Vice President of the interest to the arbitration and ADR LCIA Court, on International community. Taking its name from the Paula Hodges QC opens the infamous Tylney Hall Hotel where the LCIA Asia Pacific Users’ Council LCIA hosts its annual flagship sym- Symposium (22 September 2019)

11 December 2019 Newsletter

IBA Annual Conference Seoul 2019, 22-27 September, 2019, Seoul, South Korea

The IBA International Construction Projects Committee organized a cycle of conferences on construction disputes at the IBA Annual Conference that took place in Seoul, South Korea, from 22 to 27 September 2019. On 25 September 2019, it held a session on the following topic: “Alternative dispute resolution in construction: a smor- gasbord of approaches but little appetite”. The first panel provided an overview on the use of ADR mechanisms by construction practitioners in the different regions of the world. The second panel discussed the pros and cons of three specific ADR mechanisms, namely adjudication, mediation and dispute boards, and of multi-tier clauses. The session was chaired and moderated by Marco Padovan (Studio Left to RIght: Paul Taggart, Doug Jones, Andreas Roquette, Marina Matousekova, Marco Padovan, Yasemine Cetinel, Ian De Vaz Legale Padovan, Milan). The panels included speakers Yasemine Cetinel Andreas Roquette (CMS Germany, (Cetinel Law Firm, Istanbul), Doug Jones Berlin), Paul Taggart (Construction Submitted by Marina Matousekova, (Atkin Chambers, London), Marina Contract Services, Rome) and Ian De ArbitralWomen member, Matousekova (CastaldiPartners, Paris), Vaz (WongPartnership, Hong Kong). CastaldiPartners, Partner, Paris, France

ICCA-ASIL Task Force on Damages Breakfast, 23 September 2019, Seoul, South Korea

During the International Bar Association Annual Conference in Seoul, the ICCA-ASIL Task Force on Damages in International Arbitration hosted a one-hour seminar updating attendees on its work to develop a web application (“app”) designed to assist practitioners and arbitrators with damages-related issues. The Task Force was represented by Gabrielle Nater-Bass, Partner at Homburger and co-chair of the Task Force, and Task Force Members Sarah Grimmer, Secretary-General of Hong Kong International Arbitration Centre and M. Alexis Maniatis, Pres- ident & Principal, The Brattle Group. Professor Hi-Taek Shin, Chair-

Left to right: Gabrielle Nater-Bass, M. Alexis Maniatis, Sarah Grimmer man of KCAB International and member of the ICCA Governing Board

12 gave opening remarks. Gabrielle law (for example, causation and limiting Nater-Bass provided an interactive principles of compensation), and finan- demonstration of the app, which cial issues (for example, post- and pre- comprehensively maps out the var- award interest). The seminar concluded ious procedural, legal and financial with the confirmation that the app will issues that arise in connection with be made available as a free resource damages in arbitration. The app also with the goal of improving the quality, includes sources for further research. consistency and rigor with which damag- The panelists demonstrated how the es issues are addressed in international app can be used to focus on select arbitration. The expected launch will take issues related to damages, including place in May 2020 at the ICCA Congress matters of procedure (for example, 2020 in Edinburgh. bifurcation and the use of experts), international law (for example, the Submitted by Azeezah Goodwin, Asso- appropriate valuation date), common ciate, Debevoise & Plimpton LLP Hi-Taek Shin

13th Annual European Gas & LNG Summit, 23-24 September 2019, Amsterdam, the Netherlands

Left to Right: Jakub Przyborowicz, Bart Jan Hoevers, Ana Stanič, Stuart Elliott

S&P Global and Platts jointly of the EU Court of Justice regarding OPAL of Polish Gaz-system, who spoke about organised the 13th European Gas & LNG exemption for Nord Stream 2 and oth- Polish gas demand and security of sup- Summit in Amsterdam under the title er gas transit routes for Russian gas to ply objectives post 2022. The panel was “Ensuring Gas’ future in the fuels mix”. Europe, as well as the future of gas in moderated by Stuart Elliott, Senior Ana Stanič, member of the EU. The other panellists were Ayan Writer, European Gas and LNG, S&P ArbitralWomen and Director of E&A Bhattacharji, Business Intelligence and Global Platts. Law participated in a panel debate on Marketing Manager of Interconnector, Pipeline and LNG supporting supply to who spoke about the challenges of the Submitted by Ana Stanič, ArbitralWomen Europe and discussed the legal and prac- Interconnector in a post Brexit world member, Director of E&A Law Limited, tical implications of the recent decision and Jakub Przyborowich, Coordinator London, UK

13 December 2019 Newsletter

A Fresh Look at an Old Concept: Facilitation of Settlements in Arbitral Proceedings, 24 September 2019, Seoul, South Korea

Ms Nater-Bass explained that for over 100 years Switzerland has served as a preferred venue for international arbitration proceedings, and why this has been the case. Besides having a multicultural arbitration community, Switzerland is known to have efficient and arbitration-friendly courts and an arbitration law that allows maximization of party auton- omy, as parties may decide on the procedural framework, arbitrators, hearing venues, languages and the applicable law. After having very briefly addressed the advantages Left to right: Gabrielle Nater-Bass, Benjamin Hughes, Andrea Meier, of choosing Swiss law as a well-set- Joongi Kim, Harold Frey, Christian Oetiker tled and easily accessible body of On 24 September 2019, KCAB obtain a waiver in which the parties law for arbitrations, Ms Nater-Bass INTERNATIONAL, SCAI and ASA confirm that the arbitrator's involve- turned to the core of her presenta- hosted a joint event in Seoul on the ment in the settlement negotiations tion: “the benefits of arbitration un- topic “A Fresh look at an old concept: does not disqualify him or her from der the Swiss Rules”. Ms. Nater-Bass Facilitation of settlements in arbitral continuing to serve as arbitrator in the convincingly showed that the Swiss proceedings”. The panelists explored event a settlement fails and will not be Rules are a well-tested set of rules, how and when arbitrators should used as a ground for challenge of the having entered into force in 2004 act as settlement facilitators. They arbitrator. The panelists agreed that and undergone a light revision in talked about the Swiss tradition of caucusing — i.e. separate discussions 2012. The Swiss Rules are modern, settlement facilitation, which can be between the arbitrator and the parties up to date and very flexible, allowing encountered particularly in Swiss and the arbitrator going back and forth for a speedy and efficient conduct courts and domestic arbitration, between the parties — would in most of arbitration proceedings, with an and the pros and cons of using this cases not be appropriate. The panel also average duration that is very com- approach in international arbitra- discussed alternatives to arbitrator-fa- petitive compared with the average tion. They looked at the techniques cilitated settlements. The presentations duration of arbitration proceedings that an arbitrator can apply if he were followed by a lively debate among administered by other arbitral in- or she intends to offer settlement the panel and the audience. Some ar- stitutions. Ms Nater-Bass explained facilitation services, and whether gued that the role of the arbitrator was that the reason for that is the light the arbitrator should proactively incompatible with settlement facilita- administration, a distinctive fea- offer these services or whether the tion and that mediation was the better ture of arbitrations under the Swiss initiative should come from the alternative. Others took the view that Rules, where the control of the Court parties. The panelists pointed out settlement facilitation by arbitrators is is limited to monitoring deadlines how facilitation of settlements by an additional alternative available to and costs and where no scrutiny of arbitrators can contribute signifi- the parties and that it depends on the awards takes place. cantly to reducing time and costs case and the circumstances, including if the settlement negotiations are the background of the parties, which Submitted by Gabrielle Nater-Bass, successful. At the same time, cer- method works best. ArbitralWomen member, Partner tain precautions need to be taken if After the debate, Gabrielle Nater- at Homburger, Zurich, Switzerland the arbitrator takes on the role of a Bass, President of the SCAI Arbitration and President of the SCAI Arbi- settlement facilitator. Most impor- Court, talked about the benefits of tration Court, and Andrea Meier, tantly, the arbitrator should seek the choosing Switzerland and the Swiss Partner, Wartmann Merker, Zurich, express consent of all parties and Rules for international arbitration cases. Switzerland

14 Colloquium on Actors in International Investment Law, 26-27 September 2019, Paris, France

encouraging frivolous claims. Litigation financing also serves a law-making and rule-making function, to the extent it re- quires tribunals, institutions, and States to address previously unresolved issues through case decisions, rules amend- ments, national law reform, and novel treaty provisions dealing with funding. The increasing sophistication of funding models, for example, challenges the assumption that a funded claimant is necessarily impecunious and thus that a security for costs order is warranted. The rise of funding has also led to broader discussion about systemic reforms and values—such as transparency, accountability, and access to justice—around which the investment arbitration community may be reaching consensus, if

Richard (Rory) Walk and Maria Beatriz Burghetto not unanimity. Pascale Accaoui Lorfing (panel 5 on A Colloquium on Actors in duration of the case, whether there “Scrutiny by Public Institutions”) spoke International Investment: Beyond is a counterclaim, whether there are more specifically onScreening by Nation- Claimants, Respondents and Arbitrators, other parties with interest in the claim al Institutions outside the European Union took place in Paris on 26-27 September and the relationship with other cases in Light of the OECD, UNCTAD and Other 2019 at the University Paris II, Panthéon funded —or co-funded— by the same Guidelines for Recipient Country Invest- – Assas (Paris), jointly organized by funder. Unlike lawyers, who focus on ment Policies. Her presentation focused Catharine Titi (French National Centre the legal aspect of cases, third-party on what the screening by national insti- for Scientific Research (CNRS)- CERSA, funders view claims from the perspec- tutions is about, how states (i) identify University Paris II Pantheon-Assas), Katia tive of their dual mandate to increase what they consider to be at risk and (i) Fach Gómez, University of Zaragoza and the value of the investment they make express this limitation, its purpose and Anastasios Gourgourinis, National and on them, on behalf of the fund’s inves- the impact on foreign investment. Pas- Kapodistrian University of Athens. The tors, while mitigating risk, all that in the cale’s presentation emphasized the de- two-day conference was rich in high shortest time possible. It is essential termination and the management of the quality speakers and topics covered by for practitioners to bear this in mind no less than 16 panels. The programme in order to better advise their clients may be viewed here. when applying for funding and during Maria Beatriz Burghetto and the course of the arbitral proceedings. Ina Popova spoke on panel 3, on the Ina, in turn, discussed what lessons role of “Third-Party Funding/Funders.” could be drawn from funded disputes, Maria Beatriz spoke about funders’ addressing third-party funding’s gate- risk assessment in investment arbi- keeping, law-making, and rule-making tration, with a focus on claims involv- functions. Drawing on an empirical anal- ing developing countries. She iden- ysis of outcomes in the (admittedly limit- tified (i) case-related risks, such as ed) group of investment treaty disputes those pertaining to the merits of the that are publicly known to have been case, money-related ones, including financed by a third party, she noted that the defendant state’s track record in claimants succeeded on the merits in terms of compliance with awards and funded cases at a higher rate than the people-related risks, such as the ex- ICSID average. This tends to provide sta- perience and track record of counsel, tistical support for the idea that litigation experts and arbitrators, and (ii) con- financing acts as a gatekeeping filter for text-related risks, such as the estimated unmeritorious claims, as opposed to

15 December 2019 Newsletter

bound, based on the way the provision is drafted and the assessment of the particular measure taken in light of the principle of good faith. Jana Jandova (panel 16 on “Invest- ment Promotion Agencies, Investment Facilitation Mechanisms, and Political Risk Insurance”) spoke about the role of Investment Promotion Agencies in attracting foreign direct investments to host countries. She explained what tools the Investment Promotion Agen- cies use to entice investments to their respective countries and commented on the exponential growth of the number Left to right: Emanuel Castellarin, Iza Lejarraga, Pascale Accaoui Lorfing, of agencies in the 1980s and the 1990s. Aliki-Athina Papanastasiou She then commented on the growth of foreign direct investment (FDI) and explained that while the FDIs also grew exponentially in those years, the growth was only very marginally attributable to Investment Promotion Agencies. Jana then argued that there is a limited role for these agencies in developed countries for three reasons: (i) investors’ appetite to invest in a foreign country depends on the status of the target economy and the concerned industry, rather than on whether they receive assistance from an investment promotion agency; (ii) one of the traditional roles of an investment promotion agency -building awareness about the Left to right: Sufyan El Droubi, Thomas Papanastasiou, Clotilde Jourdain- home country, its tax system, labour Fortier, Gustavo Laborde, Jana Jandova market, etc.- has been taken over by the Internet; (iii) developed countries recent- ly started screening foreign investments risk at national level via the delimitation strument and the OECD Guidelines for concerning sectors of public interest of the scope of national security interest, Recipient Country Investment Policies and national security in response to and at the international level, via the relating to National Security), and the the growing influence of the People's terms of several bilateral investment principles that are set out and highlight- Republic of China. She then expressed treaties. She then described the limits to ed therein, such as non-discrimination, the opinion that Investment Promotion the national security interest that result transparency and predictability, regula- Agencies still do and shall continue to from international instruments. The ap- tory proportionality and accountability. play a role in developing countries. proach took into consideration the OECD These non-binding principles and rec- and other Guidelines and principles (the ommendations serve as guidance to Submitted by Pascale Accaoui Lorfing, OECD Code of Liberalisation of Capital the states from which they may draw ArbitralWomen member, Independent Movements and of Current Invisibles inspiration. The analysis also comprised Researcher (Paris), Member of the ICC Operations, the OECD Declaration on BITs and FTAs that may or may not in- Institute of World Business law and As- International Investment and Multina- clude the “national interest exception” sociate Member of CREDIMI; María Be- tional Enterprises, the Recommendation and their impact on states’ behavior, and atriz Burghetto, ArbitralWomen Board on Member Country Measures concern- customary international law as a limit member, Of-counsel at JA Cremades ing National Treatment of Foreign-Con- to the notion national security interest. & partners, Paris, Jana Jandova, CFA, trolled Enterprises in OECD Member Pascale concluded by highlighting the Director, Deloitte, Paris, France & and Countries and Based on Consideration importance of the interpretation of the Ina Popova, ArbitralWomen member, of Public Order and Essential Security will of the state as it results from the Partner at Debevoise & Plimpton LLP, Interests, the National Treatment’s in- international instrument by which it is New York and Paris

16 ArbitralWomen SpeedNet, 1 October 2019, London, UK

resolution community from as far afield as Canada, Kenya and Sweden braved the rain to join us in London. ArbitralWomen Director Amanda Lee and member Marion Lespiau had the pleasure of hosting the SpeedNet, which was well received by attendees. ArbitralWomen wishes to thank Grant Thornton UK LLP for its support in the hosting and organisation of this event.

Submitted by Amanda Lee, Director ArbitralWomen held the latest UK LLP, provided the opportunity for of ArbitralWomen, Arbitrator and in its series of successful SpeedNet female dispute resolution practitioners Consultant, Seymours, London, UK events in London on 1 October 2019. to network and make new contacts in and Marion Lespiau, member of The SpeedNet, which was gen- collegiate surroundings. ArbitralWomen, Associate Director, erously hosted by Grant Thornton Members of the international dispute Grant Thornton UK LLP, London, UK

Conference on the Revised Swiss Rules of Mediation, 1 October 2019, Zürich, Switzerland

On 1 October 2019 the Swiss Chambers' Arbitration Institution (SCAI), the Zürich Chamber of Commerce (ZCC) and the Swiss Chamber of Commercial Mediation (SCCM) jointly organized a conference on SCAI’s 2019 Revised Swiss Rules of Mediation. The conference was moderated by Julia Jung, Senior Associate at Bär & Karrer Ltd., Zürich, and Board member of the SCCM. At the beginning, Regine Sauter, Director of ZCC and President of SCAI, gave a short introduction highlighting Switzerland's current role in mediation and its potential role in the future. She pointed out that Switzerland is Left to right: Clarisse Von Wunschheim, Caroline Ming, Thomas Sieber and Julia Jung well positioned now with SCAI’s 2019 Revised Swiss Rules of Mediation to young Convention, drawing compar- and General Counsel at SCAI gave a take on a pioneering role in mediation isons with the beginnings of the New presentation together with Julia Jung worldwide. York Convention on the Recognition and on SCAI’s 2019 Revised Swiss Rules of Clarisse von Wunschheim, Partner, Enforcement of Foreign Arbitral Awards. Mediation, explaining the structure be- Altenburger Ltd., Zürich, gave a pres- She advocated a more courageous ap- hind the new Rules. They pointed out the entation on the new United Nations proach on the part of Switzerland, espe- high success rate of mediation proceed- Convention on International Settlement cially in view of potential accession and ings and how mediation and arbitration Agreements (“Singapore Convention”). ratification to the Singapore Convention. can complement one another. Finally, She pointed out the advantages of this Caroline Ming, Executive Director they explained that the 2019 Revised

17 December 2019 Newsletter

Swiss Rules of Mediation are the first • Certification and authentication of mediation to play a more vital role in institutional rules that have already fully Settlement Agreements, arts. 17(2) dispute resolution. However, he pointed implemented the requirements of the and 17(3); and out that SCAI’s 2019 Revised Swiss Rules Singapore Convention. Compared to the • Creation of an Advisory Council for of Mediation are certainly a step into the 2007 Swiss Mediation Rules, the 2019 Mediation art. 24(4). right direction. Revised Swiss Rules of Mediation provide Finally, Thomas Sieber, Member 4 main features: of the Executive Board, Bâloise Group, Submitted by Julia Jung, Senior Asso- • A simplified procedure for designa- Basel, pointed out the importance of ciate with Bär & Karrer Ltd. and Board tion of a mediator in certain types of mediation in today’s business world Member of the Swiss Chamber for cases, art. 5; and identified the improvements that Commercial Mediation (SCCM), Zürich, • Provision of a Certificate of Mediation, still need to be undertaken from an en- Switzerland art. 16(5); trepreneurial perspective in order for

Diversity Update & Speed Networking, 2 October 2019, Stockholm, Sweden

and Ann Russo, Executive Director, DRBF, prepared ten-minute rounds so that half of the participants meet with Ms Magnuson and the other half with Ms Philippe on one-to-one. All participants convened again in a ple- nary; Ms Magnuson and Ms Philippe shared their views and the highlights of the discussions. It was interesting to observe how both women and men felt discriminated at one point or another during their career. A man for example felt discriminated by lawyers when he moved from his career as in-house to lawyer. Another man shared his disappointment about being discriminated in a community as a foreign practitioner although he has been living and working in

Left to right: Aïsha Nadar, Annette Magnuson, Mirèze Philippe such community for over 20 years. One woman was concerned about The Dispute Resolution explained where we stand with gen- her workplace where young female Board Federation (DRBF) organised der diversity and what has so far been lawyers were discriminated by an a conference and a workshop on “Dis- achieved, and shared statistics about older generation of male and female pute Boards in the Nordics”, from 2 nomination of female arbitrators. They colleagues. Everyone agreed that dis- to 4 October 2019 in Stockholm. As a presented the activities of their respec- crimination has multi-faces. Also, the kick-off for the conference, a “Diver- tive institutions, ArbitralWomen and recurrent comment about women sity Update and Speed Networking” the Equal Representation in Arbitration not promoting themselves and dar- event was jointly organised by Aïsha Pledge. They also addressed issues ing to run for office was pointed out. Nadar, FIDIC expert and arbitrator, related to implicit bias, how they are The networking continued over DRBF, the Stockholm Chamber of manifested and ways to overcome them. cocktails in the beautiful Grand Hôtel Commerce Arbitration Institute (SCC) The Speed Networking that followed Stockholm. and ArbitralWomen. After introduc- was an interesting experience gathering tory remarks by Ms Nadar, Annette approximately 20 women and men, ex- Submitted by Mirèze Philippe, Magnuson, Secretary General, SCC, perienced practitioners and those new to Co-founder ArbitralWomen, Special and Mirèze Philippe, Special Counsel, the field, from the dispute resolution and Counsel, ICC International Court of ICC, and ArbitralWomen co-founder, construction communities. Ms Nadar Arbitration

18 14th ICC New York Conference on International Arbitration, 3-4 October 2019, New York, N.Y., USA

For the 14th ICC New York Conference, Alexandra Akerly, led the planning committee comprised of Teddy Baldwin, Gabrielle Hurley, Ina Popova, Ank Santens and Janet Walker, of Arbi- tration Place and Vice Chair, ICC Canada Partner, to develop panels on a range of topics of interest to arbitration practitioners in North America and beyond. Janet Walker moderated the first panel: “Bench and Bar in Conversation: Landmark Decisions in North America”, which featured Judge Shira Scheindlin, senior judge of the Second District Federal

Court; The Hon Ian Binnie CC QC, Left to Right: Justice Saliann Scarpulla, The Hon Ian Binnie, Judge Shira Scheindlin, Prof Janet Walker Supreme Court of Canada retired judge; Justice Saliann Scarpulla, the designat- ments in the gig economy that have aris- Mourre commented on the importance ed arbitration judge in the New York State en in cases before the Supreme Court of of the issues in this case to the ICC. Court; and Marc Goldstein, an independ- the United States and that are now com- ent New York arbitration practitioner. ing before the Supreme Court of Canada Submitted by Janet Walker, This panel included a lively discussion (SCC). The ICC will be among 17 interve- ArbitralWomen founding member, in- of the issues of labour rights and inter- nors in the SCC and were, filing their brief dependent arbitrator at Arbitration Place, national commercial arbitration agree- that day. President of the Court Alexis Toronto, Canada

Costa Rican Young Arbitrators 2019 Arbitration Day, 4 October 2019, San Jose, Costa Rica

Left to Right: Andrea Hulbert, Rebeca E. Left to Right: Alberto Fernandéz, Salomé Reynoso, Mariela Martínez Mosquera, Sebastian Ayala, Arturo Guerrero

The Arbitration Day of the ArbitralWomen Member Silvia arbitral proceeding under the ICC Costa Rican Young Arbitrators (CYA) Trejos, together with CYA President, Rules. Ms. Trejos together with took place at the Bar Association of Sophia Villalta Chong, and the organ- Paulina Rodriguez and ICC YAF San Jose in Costa Rica on October izing committee, assembled a high-ca- Mexico representative, Veronica 4, 2019. This is the leading event of liber roster of speakers to address a Esquivel, walked the audience the Association, and many members series of interesting arbitration topics through the various general steps of ArbitralWomen participated as such as soft law rules, fast track arbi- counsel must follow in an arbitra- speakers and moderators. tration, arbitration clauses, and the tion proceeding under the ICC Rules.

19 December 2019 Newsletter

ArbitralWomen Member participated in the panel on soft law of conventional arbitrations vs. fast Josselinee Roa Palomino mod- together with Arturo Guerrero and track arbitrations. erated the panel on arbitration Sebastian Ayala. The speakers de- The conference was followed by clauses in non-conventional livered insightful comments on soft a networking reception and dinner. documents, where the panelists law with a special focus on the IBA discussed the procedural issues Guidelines and the Prague Rules, and Submitted by Andrea Hulbert, Found- with arbitration clauses in elec- what has been the experience in the ing Partner at Hulbert Volio Monte- tronic agreements and arbitration application of the rules in jurisdictions ro, San Jose, Costa Rica; Rebeca E. clauses in the development and like Costa Rica in comparison with the Mosquera, Litigation and Arbitration financing of Startups. The pan- United States. Associate at Akerman, New York and elists concluded that arbitration ArbitralWomen Member Salomé Miami, USA; Silvia Trejos, Corporate agreements entered in electronic Reynoso moderated a lively panel on and Dispute Resolution Associate media are within the formal valid- the main challenges faced by interna- at Lexincorp, San Jose, Costa Rica; ity parameters of the arbitration tional arbitration, including managing Josselinee Roa Palomino, Dispute clause. Mauricio Paris, Arantxa faster arbitration procedures. The speak- Resolution Associate at Alva Pinto Cuadrado and Willy Carbajal ers, Mariela Martínez and Alberto & Ponce de Leon, Lima, Peru; and joined Josselinne in this debate. Fernandéz López delivered insightful Salomé Reynoso, Analysis and Con- ArbitalWomen Members Andrea comments about the characteristics, dif- flict Resolution Attorney at Pontificia Hulbert and Rebeca E. Mosquera ferences, implications, and convenience Universidad Catolica, Lima, Peru

Tempora Mutantur: International Arbitration, 4 October 2019, Rovereto, Italy

AIA-ARBIT-40, together with the Italian Chapter of the Club Español del Arbitraje held a conference at the Museum of Modern and Contemporary Art (MART) in Rovereto, Italy, entitled “Tempora Mutantur: International Arbi- tration in Europe”. The event was organized with the support of Asa Below 40, CEA-40, and AIA. The conference covered a wide range of topics regarding international arbitration with a particular focus on the pe- culiarities and specificities of arbitration Left to right: Catherine Anne Kunz, Lucia Montes Saralegui, Antonio Musella, Gregorio Pettazzi, Bianca Berardicurti, Daniel Segoin, Fabio Santacroce, and Anna Biasiolo in different industries and in different countries. dictions. Catherine Anne Kunz (Lalive, Anna Biasiolo concluded this en- After a welcome introduction by Geneva, ArbitralWomen Member), Lucia riching conference, highlighting that the Anna Biasiolo (BonelliErede, Milan, Montes Saralegui (Cuatrecasas, Ma- most recent trends towards specialized ArbitralWomen Member), the first drid, ArbitralWomen Member), Antonio arbitration (including the multiplication panel, composed of Matteo Dragoni Musella (Castaldi Partners, Paris) and of dispute resolution centers) might not (BonelliErede, Milan), Davide Rossetti Fabio Santacroce (ArbLit, Milan) ex- necessarily have a true market legitimacy. (DLA Piper, Milan), Daniele Guarnieri plored the most recent developments The Annual Event of the Italian (Nestlé Italiana S.p.A.) and Lukas in international arbitration in their re- Chapter of the Club Español del Arbitraje, Innerebner (Baker McKenzie, Zurich) spective countries. Daniel Segoin (EU organized with the support of AIA fol- illustrated the use of international arbi- Commission) gave some insights on the lowed in the afternoon. tration in the fields of art, fashion and difficult interplay between the EU and food. international arbitration. Submitted by Anna Biasiolo, The second panel, titled “the Land- The panels were moderated by ArbitralWomen, Member of the Executive scape of Arbitration in Europe” discussed Bianca Berardicurti (Legance, Rome) committee of the AIA-ARBIT-40 associ- hot topics and challenges of interna- and Gregorio Pettazzi (Freshfields, ation, Senior associate at BonelliErede, tional arbitration in key European juris- Frankfurt). Milan, Italy

20 6th Congress of Expert Witnesses and Valuers with International Participation 4-5 October 2019, Zagreb, Croatia

The Croatian Association of court experts, arbitrators, judges, state member and Director of E&A Law Lim- Court Expert Witnesses and Valuers government attorneys and representa- ited, discussed the Role of Experts in organised the 6th Congress of Expert tives of the various Croatian Ministries, International Investment Arbitrations. Witnesses and Valuers in Zagreb in with the aim of promoting the work and October. This two-day Conference ethical standards of court expert witness- Submitted by Ana Stanič, was attended by 650 delegates and es including in arbitrations. In the plena- ArbitralWomen member, Director featured over 70 presentations by ry session, Ana Stanič, ArbitralWomen of E&A Law Limited, London, UK

The 4th CARTAL Conference on International Arbitration, 5- 6 October, 2019, Jodhpur, India

The 4th edition of the CARTAL recent international investment agree- anisms can address environmental and Conference on International Arbitration ments which have taken a positive ap- human rights concerns. was organised at National Law University, proach towards addressing such issues, The second panel discussed taking Jodhpur on 5th and 6th October, 2019. this panel discussed the extent to which of evidence in international arbitration. The Conference was institutionally sup- Investor State Dispute Settlement mech- International arbitrations have long been ported by the SAARC Arbitration Council, VIAC, ICC International Court of Arbitra- tion, SIAC, AFIA, Young ICCA, Chartered Institute of Arbitrators (India), MCIA, Bar Association of India, and the Society of Indian Law Firms. Our knowledge partners were SCC Online and the Eastern Book Company. The Conference featured panel discussions on three topics: i. Human Rights and Environmental Protection Concerns in International Investment Arbitration; ii. Taking of Evidence in International Left to right: Meaghan Gragg, Neeti Sachdeva, Thomas Snider, Ajay Thomas, Madhvendra Singh Arbitration: Prague Rules versus IBA Rules; and iii. Towards Institutional Arbitration in India.

The first panel addressed the long- standing conflict between economic development and human rights. While investment from developed countries is considered to be essential for the economic development of developing countries, a concern has emerged as to the manner in which such investments comply with universally recognized hu- Left to right: Shwetha Bidhuri, Payal Chawla, Tejas Karia, Justice Madan B. Lokur Arun, Shaneen Parikh and Hazel Tang man rights, such as the right to a safe and healthy environment. Taking note of

21 December 2019 Newsletter guided by the IBA Rules on the Taking the 2019 Amendment to the Arbitration casion as the Guest of Honour and of Evidence in International Arbitration, and Conciliation Act, 1996. The panel panellist in the third panel. CARTAL is 2010. However, the past few years have contemplated and discussed whether also proud to have hosted extreme- seen dissatisfaction with the above rules. India is prepared for this transition, in ly successful women in arbitration The criticism of IBA Rules being tilted too terms of people, attitudes, infrastruc- such as Ms. Dilber Devitre (Associate, much in favour of common law adver- ture and legal culture? The presence of Homburger Switzerland), Ms. Payal sarial process has led to emergence of members of some of the major arbitral Chawla (Founder, JusContractus, a new set of rules — the Prague Rules institutions in the world boded well for Delhi), Ms. Meaghan Gragg (Partner, on the Efficient Conduct of Proceedings the quality of discussions that ensued Hughes Hubbard & Reed, New York), Ms. in International Arbitration, 2018. These and presented interesting viewpoints Neeti Sachdeva (Registrar & Secretary Rules aim to streamline arbitral proce- which India can learn from. General, MCIA), Ms. Shaneen Parikh dures by allowing the tribunal a more CARTAL endeavours to further aca- (Partner, Cyril Amarchand Mangaldas, active role. This panel also raised the demic research and study in the field of Mumbai), Ms. Shwetha Bidhuri (Head, question of the legitimacy of this de- arbitration and dispute resolution and South Asia, Singapore International bate given that arbitration was to be a believes in and stands for equality and Arbitration Centre), and Ms. Hazel remedy which was not to be marred by inclusivity of both genders in the sphere Tang (Counsel, International Chamber technicalities of procedures. of academic discourse. of Commerce, Singapore). The third panel focused on India For the 4th edition of the Conference, with regard to concerns for making a Justice Madan B Lokur, Former Judge Submitted by: Centre for Advanced Re- paradigmatic shift from ad hoc to insti- Supreme Court of India and Judge, search and Training in Arbitration Law of tutional arbitration, as also reflected in Supreme Court of Fiji, graced the oc- National Law University, Jodhpur, India

10th Turkey Energy Summit, 6 October 2019, Antalya, Turkey

Left to Right: Sohbet Karbuz, Ana Stanič, Sinan Ak

10th Turkey Energy Summit Turkey and regional countries attended participated in a panel debate discuss- was organised under the auspices of the Summit. ing Building the Future Together in the the Ministry of Energy and Natural One of the 16 panels was enti- East Mediterranean – International Resources of Republic of Turkey with tled Commercialisation of Eastern Law Perspective. The third panellist the support of the Energy Market Mediterranean Gas and was moder- was Sinan Ak, CEO of Zorlu Enerji. Regulatory Authority (EMRA). More ated by Sohbet Karbuz, Director of than 1,500 national and international Hydrocarbons, OME. Submitted by Ana Stanič, senior level representatives of pub- Ana Stanič, member of ArbitralWomen member, Director lic institutions and organizations of ArbitralWomen and Director of E&A Law of E&A Law Limited, London, UK

22 YPCP Conference on Construction Arbitration in Eastern Europe, 8 October 2019, Paris, France

The Young Professionals of Construction in Paris (YPCP) organized a Conference on Construction Arbitration in Eastern Europe. This was the third of a series of conferences on specific regional issues construction practitioners may be faced with, the first two events being dedicated to Africa and the Med- iterranean region. The Conference was hosted by Pinsent Masons in Paris on 8 October 2019.

Frederic Gillion (Pinsent Masons) Left to Right: Lukas Palecek, Marina Matousekova, Ioana Knoll Tudor, Sergey Alekhin and Frederic Gillion made some opening remarks. The conference was moderated by Ioana Matousekova (CastaldiPartners) Submitted by Marina Matousekova, Knoll Tudor (Jeantet) and the panelists and Sergey Alekhin (Willkie Farr & ArbitralWomen Member, CastaldiPart- were Lukas Palecek (ICC), Marina Gallagher). ners, Partner, Paris, France

Young ICCA Skills Training Workshop: I’ve received an arbitral award, what’s next?, 9 October 2019, Prague, Czech Republic

addressed the practical consequenc- es of the CJEU’s Achmea judgment, which are still unclear since arbitral tribunals and national courts have so far adopted various approaches, and since EU Member States have still not terminated all their intra-EU BITs despite their January 2019 dec- larations. She also highlighted the significant questions that remain to be resolved after the recent judgment

Left to Right: Anna Kozmenko, Silvia Pavlica Dahlberg, Sarah Schröder, Kristen Young issued by the General Court of the CJEU in the Micula v. EC case annul- On 9 October 2019, Young and featured Sarah Schröder (Associate ling the Commission’s 2015 decision ICCA and the Ministry of Finance at Cleary Gottlieb Steen & Hamilton LLP that declared that any implementa- of the Czech Republic hosted a in Paris and member of ArbitralWomen), tion or execution of the Micula award skills-training workshop in Prague Silvia Pavlica Dahlberg (Partner at would constitute illegal State aid. addressing the actions that may be Vinge in Gothenburg) and Anna Silvia Dahlberg presented taken by parties after receiving an Kozmenko (Partner at Schellenberg the rules of enforcement of arbi- arbitral award. A full report and video Wittmer in Zurich and member of tral awards under the New York footage of the event can be found at ArbitralWomen). Convention. She also addressed the end of this report. Sarah Schröder presented a general the meaning of public policy as a One of the two panels was ded- overview of how to enforce ICSID awards ground for refusing the enforcement icated to the enforcement of arbi- and noted that, in practice, a majority of an award. She stressed that, in tral awards. The all-female panel of ICSID awards result in settlement practice, this ground is only rarely was moderated by Kristen Young or voluntarily compliance so that no used and is interpreted very narrow- (Partner at White & Case LLP in DC) issue of enforcement arises. She also ly, as covering only the fundamental

23 December 2019 Newsletter

principles of a State’s legal system. money laundering). reservations, as well as on applicable She also explained that domestic Finally, Anna Kozmenko addressed domestic laws might prove useful. courts are increasingly taking into how to enforce an arbitral award with- Finally, she addressed the difficul- account public policy issues such as out the rules of the ICSID Convention or ties that may be caused by rules of money laundering and corruption, the New York Convention. She stressed State immunity when enforcing an and mentioned two recent cases that it may be relevant to verify where arbitral award. where awards were set aside on an adverse party’s assets are located public policy grounds (BAZ v BBA prior to initiating an arbitration, as en- Young ICCA Skills and others, in which the Singapore forcement in a jurisdiction where neither Training Workshop. High Court set aside a portion of the ICSID Convention nor the New York an award because it had been ren- Convention apply (or where reciproc- dered against minors, and Belokon v ity reservations prevent the applica- Submitted by Sarah Schröder, Kyrgyzstan, in which the Paris Court tion of these instruments), can prove ArbitralWomen member, Associate, of Appeals set aside an award on challenging. Due diligence research on Cleary Gottlieb Steen & Hamilton, the basis of serious indications of international treaties and reciprocity Paris, France

GIAC Arbitration Days, 9 to 11 October 2019, Tbilisi, Georgia

Regulatory Affairs at Airbus SAS, Paris), James Bridgeman (FCIArb Chartered Arbitrator, London), Giorgi Batlidze (BLC Law Office, Tbilisi) and Marina Matousekova (CastaldiPartners, Paris). The third panel on “Mediation: worth to try?”, was moderated by Irakli Kordzakhia (Kordzakhia, Jgenti Law Firm, Tbilisi) and the speakers were Sophie Chachava (Independent mediator, Tbilisi), Diana Paraguacuto- Maheo (Foley Hoag, Paris) and Sophie Tkemaladze (Chair of the Georgian

Left to Right: James Bridgeman SC, Nick Gvinadze, Giorgi Batlidze, Marina Matousekova Association of Arbitrators). On day two, the first panel dis- Georgian International lowed a keynote address by Professor cussed “Protect to Attract vs. Protect to Arbitration Centre (GIAC) held its Emmanuel Gaillard (Shearman & Protect” with moderator Yas Banifatemi Sixth Annual International Arbitration Sterling, Paris) on “The sociology of in- (Shearman & Sterling, Paris) and pan- Conference in Tbilisi from 9 to 11 ternational arbitration”. elists Patrick W. Pearsall (Jenner & October 2019. During the two-day con- The first panel commented on The“ re- Block, Washington DC), John Willems ference, panels composed of leading gional developments of arbitration” with (White&Case, Paris) and Markiyan advocates, in house counsel, experts, moderator Ketevan Betaneli (Freshfields Kliuchkovskyi (Asters, Kiev). academics and arbitrators discussed Bruckhaus Deringer, Paris) and speak- The second panel on “Measures “The role of dispute resolution in State ers Mariam Gotsiridze (Head of the available in arbitration” was moder- economy,” with an audience of experi- Department of State Representation ated by Fadri Lenggenhager (Lenz enced practitioners coming from Asia, in Arbitration and Foreign State & Staehelin, Geneva) and presented Europe and the Middle East. Courts, Ministry of Justice of Georgia), by panelists José Feris (Squire Patton On the first day, Giorgi Pertaia Živa Filipič (Managing Counsel, ICC Boggs, Paris), Sebastian Seelmann- (President of the Georgian Chamber International Court of Arbitration, Paris) Eggebert (Latham & Watkins LLP, of Commerce and Industry), Thea and Beka Injia (Secretary General GIAC). Hamburg) and Alice Fremuth-Wolf Tsulukiani (Minister of Justice of The second panel dealt with “Business (Secretary General at VIAC). Georgia), Carl Hartzell (EU Ambassador on dispute resolution” with moderator to Georgia) and Louisa Vinton Nick Gvinadze (Gvinadze & Partners, Submitted by Marina Matousekova, (Representative of UNDP in Georgia) Tbilisi) and panelists Karl Hennessee ArbitralWomen Member, CastaldiPart- made some opening remarks, fol- (Vice-President and Head of Litigation & ners, Partner, Paris, France

24 9th Investment Treaty Arbitration Conference, 9-11 October 2019, Prague, Czech Republic

This autumn, Prague saw participants had a unique opportunity rent practice as well as the future of the 9th edition of the Investment Trea- to discuss somewhat less traditional investment arbitration from an arbi- ty Arbitration Conference. The con- areas relating to investment arbitration, trator’s perspective. The Achmea pan- ference and the related workshops including human rights and environmen- el was chaired by Stephen Anway, were organised under the auspices of tal issues, as well as some of the hottest Partner, Squire Patton Boggs. the Ministry of Finance of the Czech topics in the field, including the recent The conference was accompa- Republic by the advisory firm KPMG. Achmea case. nied by several workshops: a prac- The conference was aimed at shar- The panel on the non-traditional is- tical session for respondent states, ing of experience between senior sues was chaired by Susanne Spears, chaired by Erica Stein, Partner, government officials and top legal Partner, Allen & Overy. The other Dechert, a KPMG facilitated work- practitioners in the field of invest- panels tackled the topics of new tech- shop on quantum, an update on the ment arbitration. niques in investment treaty drafting ISDS reform by Anna Joubin-Bret The main conference day (October (chaired by Jeremy Sharpe, Partner, (Secretary of UNCITRAL) and Young 10) started with opening addresses Shearman & Sterling), and the problem ICCA sessions, which included an of Jiří Urban, CEE Dispute Advisory of legitimate expectations (chaired by all-female panel on enforcement Leader with KPMG, and Martina Zachary Douglas QC, Arbitrator, Matrix of awards moderated by Kristen Matejová, Director of the Legislation Chambers). Zachary Douglas also deliv- Young, Partner, White & Case. and Dispute Agenda Department ered the conference’s keynote speech at the Ministry of Finance, Czech titled “The Perils of a Siege Mentality”, in Submitted by Suzanne Spears, Part- Republic. This year, the conference which he shared his views on the cur- ner, Allen & Overy LLP

Shifting Tides: Recent Developments in Latin American Rule of Law, 10 October 2019, New York, USA

New York University School of legislator, Ligia Bolivar, professor at City), and Janice Deaton, Course Law held a symposium on Latin America Andres Bello Catholic University, and Director at University of San Diego. The and the Rule of Law, organized by the Moises Rendon, Director, Center for panellists discussed anti-corruption le- Journal of International Law and Politics. Strategic and International Studies. The gal reforms taking place in Mexico. Ms. José Alvarez, former president of the panellists highlighted Venezuela’s rapid Rios estimated that annually there are American Society of International Law, devolution into a totalitarian state, cit- over 40 million cases of corruption in provided the welcoming remarks. He ing instances of political persecution as Mexico, encompassing everything from noted that the rule of law was a timely well as increased restrictions on political direct bribery to conflicts of interest and and critical topic, encompassing a variety participation. They also described the nepotism. She noted that corruption of metrics including equal application worsening economic situation, increased has measurable economic costs, includ- of the law, the right to a fair trial, the refugee outflows, and widespread pov- ing reduced foreign investment, protection of fundamental human rights, erty and food scarcity. decreased job creation, the protection of liberty and security, The second panel, and GDP loss. Mr. and the means to resolve civil disputes “Mexico: An Ongoing Cárdenas highlight- without delay. Anti-Corruption Battle ed challenges facing Banner: Shifting Tides, Recent and a Constitution law firms operating Developments in Latin American Rule Reformed,” was mod- in countries with high of Law erated by Richard levels of corruption. Philip Alston, former UN Human Epstein, NYU Law pro- Alberto Mora, Rights Council Special Rapporteur mod- fessor. He was joined Associate Executive erated the panel entitled “Venezuela: by Viridiana Rios, Director for Global A Breakdown of the Rule of Law.” He Harvard University Programs, American acknowledged the “scope of tragedy professor, Antonio Bar Association (ABA) unfolding in Venezuela.” He was joined Cárdenas, Partner, provided the keynote by Allan Brewer, former Venezuelan White & Case (Mexico address. He noted the

25 December 2019 Newsletter

ABA’s commitment to promoting the rule on human rights in Latin America. that under Colombian law, children born of law globally, stating that the “rule of He was joined by Juliana Barrios, to the undocumented in Colombia are law is foundational and imperative to hu- Managing Legal Officer, Open Society not granted Colombian citizenship upon man liberty.” He provided an overview of Justice Initiative (OSJI) and Alejandra birth. OSJI worked to ensure that the measures adopted by the ABA, including Cicero, Program Officer, International children born to Venezuelan migrants training attorneys and justices, promul- Senior Lawyers Project (ISLP). Professor are now granted Colombian citizenship. gating technical guidelines, combatting Castenada described the potential of Ms. Cicero highlighted ISLP’s efforts to corruption, and partnering with local bar the Inter-american Human Rights improve environmental standards in associations, to encourage civil society Commission to advance the rule of law the Amazon through training programs engagement and advance the rule of law. but lamented that it lacked resources and with local civil society organizations that The final panel was called universal support across Latin America. lacked access to lawyers. “NGOs: Providing International Help Next, Ms Barrios provided an overview for International Solutions.” Jorge of OSJI’s global rule of law initiatives. This Submitted by Nilufar Hossain, Legal Castaneda, NYU Wagner professor, included a project in Colombia aimed at Counsel, Bentham IMF, New York, New moderated the panel, which focused reducing statelessness. She explained York

AW-YAWP SpeedNet, 15 October 2019, Paris, France

The evening began with welcome Participants in the SpeedNet remarks from Asoid Garcia-Marquez, (Please crop this, remove the front Vice President of ArbitralWomen and part below the table at least. Then Chair of the YAWP Steering Committee it won’t look so cramped in the rear. and Cherine Foty, YAWP Steering Also if it can be lightened a bit the Committee Member and Senior faces would show.) Associate at Jones Day. They remarked Participants then engaged in that this was the second YAWP event several rounds of exchanges with to be held in Paris, and the first joint each other, with more established SpeedNet between ArbitralWomen attendees primarily discussing with and YAWP. younger attendees, mostly students A number ArbitralWomen Board and interns. The evening ended with Members were also in attendance drinks and refreshments. including, Mirèze Philippe, Juliette Fortin, Ileana Smeureanu, Elena Submitted by Cherine Foty, YAWP Gutiérrez Garcia, Affef Ben Mansour, Steering Committee Member, Senior and Vanina Sucharitkul. Associate at Jones Day, Paris, France

Left to right: Asoid Garcia-Marquez and Cherine Foty ArbitralWomen and Young ArbitralWomen Practitioners, in conjunction with Jones Day law firm, held a joint speed networking event for female arbitration and dispute resolution professionals of all ages. The event was designed to be an inter-generational networking event in which professionals, students, interns, and arbitrators alike had the chance to meet their peers and

exchange experiences in an informal Left to right: Vanina Sucharitkul, Affef Ben Mansour, Mirèze Philippe and Juliette Fortin setting.

26 Settlement of Investor-State Disputes: Are there alternatives to treaty arbitration? 16 October 2019, Vienna, Austria

On 16 October 2019, law firms DORDA and Jeantet organized a round table entitled “Settlement of Investor-State Disputes – is there a need for alternatives to treaty arbitration? State and Investor perspectives - UNCITRAL Working Group III and beyond”, hosted by DORDA in Vienna. The event was organized on the occasion of the autumn annual session of the UNCITRAL Working Group III, which took place in Vienna between 14-18 October 2019. The Working Group III received a mandate to work on the possible reform of investor-State dispute settlement. Left to Right: Crina Baltag, Martina Polasek, August Reinisch, Tom Sikkora, Florian Kremslehner Judit Knieper (Legal Officer, International Trade Law Division, the UNCITRAL Secretariat into working tion into the reforms which are currently UNCTAD) introduced the audience to papers (there are 6 of them as of now). under discussion within ICSID, while the the state of the ongoing discussions with- Following this comprehensive other speakers addressed more specific in the Working Group III. The Working presentation of the ongoing discus- reforms, such as: the consistency and Group has already completed the first sions within the Working Group, the coherence of arbitral decisions as well two phases of its mandate. Namely, it speakers of the round table addressed as the concept of “correctness”, the pro- identified the concerns regarding ISDS the ongoing ICSID reforms, as well as posed reforms regarding the creation (phase 1) and considered whether re- some of the UNCITRAL Working Group of an investment court and appellate form is desirable in light of the identified reform proposals more in detail. The body and the cost and reputation of concerns (phase 2). The current phase, speakers of the round table were: Crina investment arbitration. The questions third and last, consists of developing rel- Baltag (Attorney-at-law, Senior Lecturer from the audience, composed of prac- evant solutions for reform in those areas in Law), Martina Polasek (Deputy titioners, members of State delegations, in which the Working Group concluded Secretary-General, ICSID), August arbitrators and legal counsel, allowed the that reform is needed. These areas are: Reinisch (Professor of International speakers to address further concerns (i) cost and duration, (ii) consistency, co- and European Law, University of and issues and gave rise to a dynamic herence, predictability and correctness, Vienna) and Tom Sikora (Senior exchange between the speakers and (iii) arbitrators and decision makers and Counsel, International Disputes Group, the audience. (iv) third party funding. The reform op- ExxonMobil). The round table was The event closed with a cocktail tions are focusing on procedural aspects moderated by Florian Kremslehner reception. of ISDS, rather than substantive issues, (Partner, DORDA) and Ioana Knoll- are based on submissions by States with Tudor (Local Partner, Jeantet). Submitted by Ioana Knoll-Tudor, Local reform proposals and are developed by Martina Polasek gave an introduc- Partner, Jeantet, Paris

Lawyering in the Digital Age, 17-18 October 2019, Amsterdam, The Netherlands

A conference on “Lawyering Lyon Catholic University, Larry DiMat- addressed LegalTech matters from in the Digital Age” held in Amsterdam teo from University of Florida, Francisco different perspectives. from 17 to 19 October 2019 was or- de Elizalde from IE University Madrid The first panel addressed the top- ganised by Professors André Janssen and Mateja Durovic from King’s Col- ic of the Effects of Technology on and Pietro Ortolani from Radboud lege London. All topics discussed on the Legal Practice. A panellist presented University, Michel Cannarsa from various panels were fascinating. They the Litigation Platform of Hangzhou

27 December 2019 Newsletter

Internet Court and mentioned that estate and neighbourhood disputes. between August 2017 and August LegalTech in Consumer Relations 2019, over 26.000 cases were filed and Small Claims was the topic of and that cases are solved online time- the third panel. Then LegalTech in ly. She also indicated that Alibaba the Public Sector was discussed on solves 95% of the disputes in-house the fourth panel, and the fifth panel and that only 5% go to the Hangzhou debated about Legal Ethics that con- Internet Court. Regarding ODR servic- fronts Technology. es, it was indicated that people take It was observed that artificial in- what we give them. Fear of losing telligence is useful because it can an- jobs is wrong said a speaker, we will alyse a considerable amount of data simply work differently. in a matter of minutes or hours de- The second panel shared with pending on the search, which human the audience the experience in beings cannot do, but that human LegalTech in ADR. Raffaele Battaglini, beings’ appreciation and intuition Battaglini-De Sabo Law Firm, present- remain indispensable. They think ed the smart ODR platform he is de- outside the box, which machines can veloping. Mirèze Philippe, Special Left to right: Raffaele Battaglini, Mirèze Philippe, so far not do, and even if machines Jin Ho Verdonschot Counsel, ICC, and ArbitralWomen will be able to do it, humans should co-founder, shared her experience in to retrieve them easily. In responding to always keep control. It was also point- ODR and in building the ICC NetCase questions and comments she shared ed out that some services are tech- platform. She explained how best her concern about the lack of access to nologically possible but not ethically to use technology in arbitration justice and the fact that millions of people acceptable or desirable, and that a whether a platform is used or only are deprived from remedy in civil and certain amount of standardisation is tech tools, while drawing attention commercial small disputes, and indicated desirable but not everything should to issues of cybersecurity and data that the various ODR services such those be standardised. protection which must be addressed presented at this conference are a hope at the outset of a procedure. She also for the users. Finally, Jin Ho Verdonschot, Submitted by Mirèze Philippe, mentioned how important it is to CEO Legal Tech, Justice Innovation, ODR, Co-founder ArbitralWomen, Special organise electronic documents in a showed the platform he had built to re- Counsel, ICC International Court of coherent and intelligible way in order solve civil claims including family, real Arbitration

Women in Arbitration and International Law, 19 October 2019, Vienna, Austria

On 19 October 2019, the third Freshfield’s Women in Arbitration and International Law breakfast event took place at the very foggy rooftop terrace of the 25 Hours Hotel overlooking Vi- enna. The event was attended by approximately 60 enthusiastic women in law. The event was kicked off with a Key Note Speech from Dana Denis-Smith, CEO of Obelisk Support and the First- 100Years project who reflected on the path of women since they were admitted to study law in 1919. Thereafter Alice Fremuth-Wolf, Secretary General of the VIAC and one of the Austrian members of the ERA Pledge Steering Committee gave an update on the future plans for Left to right: Alice Fremuth-Wolf, Catherine Kessedijan , Lucy Greenwood, Niamh, Dana Denis-Smith. Back left to right: Ioana Knoll-Tudor, Aine Morgan the ERA Pledge.

28 The discussion continued amongst ful career in international law. Àine ing the entire Vienna IAG team, who the truly international panel of Lucy Morgan-Bauer, gave a refreshing per- asked questions and provided com- Greenwood (London), Catherine spective from her coaching practice. ments throughout. The atmosphere Kessedjian (Paris), Ioana Knoll-Tudor The topics addressed included imposter was inspiring and empowering. (Budapest) moderated by Niamh syndrome, the lack of role models, the Leinwather, Principal Associate at mental load as well as the measures Submitted by Niamh Leinwather, Re- Freshfields, Vienna. The panelists law firms can take to put a stop to the chtsanwältin, Freshfields Bruckhaus provided an insight into their person- leaky pipeline. The event was attended Deringer, Vienna, Austria al experiences in forging a success- by a very interactive audience, includ-

São Paulo Arbitration Week and Launch of the Brazil Branch of CIArb, 21-27 October 2019, São Paulo, Brazil

During the week of October 21, São Paulo hosted the second edition of São Paulo Arbitration Week (SPAW). SPAW is a collaborative event for law firms, universities, associations and institutions from across Brazil to promote events relating to ADR. Various events were hosted around the city and the consensus among the attendees is that SPAW was once again a success. For the first two days of SPAW, CAM-CCBC held its Sixth Annual Congress on arbitration “Today and Tomorrow in Arbitration.” Attracting nearly 500 registrants, Congress addressed the most current challenges facing arbi- Left to right is Massimo Bendettelli, Ane Elisa Perez, Maria Claudia Procopoak, Ann Ryan Robertson and Jose Astigarraga tration and arbitration trends while encouraging debate in search of new the tribunal’s limits, artificial intelligence Periera, Jeffery Elkinson, Brandon solutions. Panelists from around the and class action arbitration. Malone, Frederico Singarajah, globe explored a variety of topics, ArbitralWomen Member and Vice- Andrea Galhardo Palma, Joaquim including the user’s perspective on President of the Chartered Institute of Muniz and Eugenia Marolla. The arbitration, transparency in arbitra- Arbitrators (CIArb) Ann Ryan Robertson, panel discussion was followed by a tion, cybersecurity and data protec- FCIArb, participated on a panel with Ane lively rooftop cocktail reception host- tion, corruption in arbitration and Elisa Perez, Jose Astigarraga, Maria ed by the firm of Pinheiro Neto. São Claudia Procopiak and Massimo Paulo has a vibrant ADR community Bendettelli. The panel’s topic “What as evidenced by the fact that over 120 can arbitration still do to promote foreign people attended the launch despite investment?” was of particular interest there being approximately six com- and relevance to the registrants because peting events that evening. Especially Brazil is party to only one bilateral in- pleasing was the fact that over a third vestment treaty currently in force (the of the attendees were women, includ- Brazil-Angola one). ing partners and associates of Brazil’s Also during SPAW, the CIArb launched leading law firms, as well as mem- its Brazil Branch with a panel discussion bers of the judiciary and government. focusing on various arbitration issues. The Brazil Branch is the 41st branch of Submitted by Ann Ryan Robert- the CIArb. Ann Ryan Robertson spoke son, ArbitralWomen Member and on ethics in arbitration. Other speak- Vice-President of the Chartered In- Ann Ryan Robertson ers and commentators included Cesar stitute of Arbitrators (CIArb)

29 December 2019 Newsletter

ArbitralWomen Challenge: New Ways to Challenge Diversity, 21 October 2019, Hong Kong

During Hong Kong Arbitration week, ArbitralWomen hosted an interactive breakfast discussion entitled “ArbitralWomen Challenge: New Ways to Champion Diversity”. The panellists were Neil Kaplan CBE QC SBS, Arbitrator, Arbitration Cham- bers, Chiann Bao, Arbitrator, Arbitration Chambers, Dana MacGrath, President, ArbitralWomen and Investment Man- ager & Legal Counsel, Bentham IMF, Christopher Boog, Partner Schellenberg Wittmer, and Sarah Thomas, Partner, Morrison & Forester. The Panel was moderated by Nassim Hooshmandnia, Registered Foreign Lawyer at Winston & Strawn in Hong Kong. Vanina Sucharitkul, ArbitralWomen Board Member, Asia Events Director organized the event. Nassim introduced the topic of championing diversity and explained that the intention of the event was to move beyond the questions of (i) whether a diversity (or gender) gap exists in Left to Right: Christopher Boog, Dana MacGrath, Nassim Hooshmandnia, Sarah Thomas, Chiann Bao and Neil Kaplan arbitration and (ii) whether improving diversity is better for the arbitration field. nicities and ages must contribute to by women and encouraging diversity The discussion was meant to cover how championing diversity. Dana shared in advocacy, respectively. Sixth, law exactly to champion diversity through the importance of diverse practitioners, firms can similarly make an impact by sponsorship, mentorship, and other including women, taking on support investing in and promoting diversity. forms of support to diverse arbitration roles, but the importance of men doing A person’s parental obligations should practitioners, including women. so as well. Second, Chris shared that not impact the support they receive. Neil Kaplan and Chiann Bao kicked unconscious bias is often, if not always, Chiann shared that Chris had promoted off the discussion by discussing the gen- unavoidable; it is making an effort to en- three women in one year, all excellent esis and evolution of their sponsorship sure that our responses and actions are lawyers who happened to be pregnant. relationship beginning when Chiann was not dictated by such bias that is most Finally, Neil expressed the importance Neil's student, then serving as his first important. Third, the recipient of the of awareness. He described the lack of arbitration legal assistant. Neil told us support must do their part too. Sarah awareness as one of the biggest hurdles about how he came to suggest Chiann explained that they should be assertive, against diversity and shared that the for the Secretary-General position at communicate what their goals are (e.g. Goff Lecture had male speakers for 20 the HKIAC and conversed about his oth- declare that they would like to make years because no one had noticed the er legal assistants with diverse gender, partner), and give their supporters lack of diversity. nationalities and ethnicities. their own support and loyalty. Fourth, The event was sponsored by Dana, Chris, and Sarah shared their Dana and Chris encouraged other to Stephenson Harwood and Winston & personal sponsorship stories. Dana and make a conscious personal decision Strawn with the support of the Chartered Sarah explained how they were support- to make a change to improve diversity Institute of Arbitrators (East Asia Branch). ed by male leaders in private practice, with practical tips such as refusing to while Chris shared that his sponsor as speak on non-diverse panels, for each Submitted by Nassim Hooshmandnia, a young lawyer was a woman. self-promotion on LinkedIn promote ArbitralWomen member, Registered The interactive discussion that two women colleagues. Fifth, Chiann Foreign Lawyer at Winston & Strawn, ensued covered a number of topics. discussed how arbitral institutions Hong Kong with contributions from Ka- First, we all have a role to play. Men and tribunals can continue to make rah Howard, Senior Associate, Pinsent and women and individuals of all eth- an impact by continuing to be chaired Masons, Hong Kong

30 VI Arbitration Congress CAM-CCBC—São Paulo Arbitration Week, 21 October 2019, Säo Paolo, Brazil

Left to Right: Frederico Singarajah, Eliana Baraldi, Alfredo Bullard, Ari MacKinnon and Ava Borrasso FCIArb

ArbitralWomen member in international arbitration, having as Ari MacKinnon closed the panel Eliana Baraldi moderated a pan- a starting point the toolkit for arbitra- with a report on recent case law in el on Corruption in Arbitration and tors discussed in January 2019 at the the US, focusing on enforceability the Arbitral Tribunal’s Limits at International Arbitration and Corruption of an arbitral award construing a the VI Congress CAM-CCBC during Conference that took place in Basel. contract that was allegedly obtained São Paulo Arbitration Week with Alfredo Bullard brought a very inter- through bribery and on how US ArbitralWomen member and pan- esting view of the limits of arbitrators’ courts have been dealing with public elist Ava Borrasso FCIArb. The panel jurisdiction to decide agreements related policy arguments thus far. also included Frederico Singarajah, to corruption, discussing the relation be- Alfredo Bullard and Ari MacKinnon. tween public order and the arbitrability Submitted by Eliana Baraldi, The Congress was attended by more of corrupt acts. ArbitralWomen member, partner than 450 attendees. Frederico Singarajah addressed the at Baraldi Mariani Advogados, São Ava Borrasso FCIArb discussed challenge of producing evidence to sub- Paulo, Brazil & Ava Borrasso FCIArb, valuable strategies for detecting stantiate existence of corruption related ArbitralWomen member, principal of corruption and money laundering to an agreement. Ava J Borrasso, P.A., Miami, Florida

9th Annual GAR Live Hong Kong, 23 October 2019

Session four: The IA topics relevant to working prac- team of the future – greener, tices in arbitration, including: more diverse, and better at com- mental and physical well-being/ bining cases with family life? work-life balance; the impact The 9th Annual GAR Live of arbitration on the environ- Hong Kong took place during ment; juggling career and family Hong Kong Arbitration Week life; and career choices beyond 2019. The fourth and final ses- the law firm for younger practi- sion was on the topic of ‘The IA tioners. The speakers speaking team of the future – greener, against narrowly won the day. more diverse, and better at com- Given the day-to-day rele- bining cases with family life?’. vance of these issues to many Rather than a traditional Left to Right: Sir Bernard Rix, May Tai, Sarah Grimmer, Swee Yen Koh, practitioners, this proved an in- Steve Finizio panel session, it was structured teresting and lively debate with as an Oxford-style debate on the motion for the motion, and Sir Bernard Rix a lot of contributions from the floor. 'The older generation in international ar- (Twenty Essex) and May Tai (Herbert bitration got it wrong in how they worked; Smith Freehills) spoke against. The de- Submitted by May Tai, ArbitralWomen the younger generation will do it bet- bate was chaired by Sarah Grimmer, member, Managing Partner – Greater ter.' Swee Yen Koh (WongPartnership) HKIAC Secretary-General. China, Herbert Smith Freehills, Hong and Steven Finizio (WilmerHale) spoke The debate ranged across a variety of Kong

31 December 2019 Newsletter

10th International Conference—“Alternative Dispute Resolution – The Cooperation between Public Administration and Judiciary with the Business Sector”, 23-24 October 2019, Zagreb, Croatia

Lleft to right: Christoph Riedmann, Tat Lim, Joe Tirado, Suzana Kolesar, Ines Medić, Delphine Borne, Brian Hutchinson and Maria Beatriz Burghetto

The topic of this year’s son, Associate Professor at the Universi- ti-party clause is triggered, practition- conference of the Croatian Chamber ty of Dublin, spoke about mediation as ers must ensure that the parties have of Trades and Crafts (HOK) was a useful tool in cross-border disputes. performed all steps required by the ADR and it was sponsored by On the second day, Suzana Kolesar, multi-tiered clause prior to commenc- the President of the Republic of Registrar of the HOK’s Court of Honor ing or resuming arbitration; careful- Croatia, Kolinda Grabar-Kitarović, and the HOK’s Centre for Mediation, ly document the commencement, and Croatia’s Ministry of Economy, and Delphine Borne described the EU performance and completion of all Entrepreneurship and Crafts. The Commission’s projects in the field of con- pre-arbitral steps and ensure that conference was inaugurated by the sumer protection. ArbitralWomen Board all claims, including counterclaims, President of the Supreme Court of Member, Maria Beatriz Burghetto, form part of the pre-arbitral steps. the Republic of Croatia, Đuro Sessa, spoke about multi-tiered clauses in Other speakers included Joe who emphasized the advantages of cross-border transactions, their ben- Tirado, Partner at Garrigues UK LLP, ADR and also its role in strengthening efits and drawbacks, and the aspects who spoke about international com- the rule of law and legal certainty in on which practitioners should focus mercial and investment mediation, Croatia. After a welcome speech by when drafting this type of clauses. She Tat Lim, partner at Equitas Law LLP, the HOK’s Vice President, various assessed two examples of such clauses: Maxwell Mediators, who introduced government officials expressed the Singapore Arb-Med-Arb clause and the topic of cross-cultural differences their support for mediation. The a real-life clause from an international between parties in mediation and conference was chaired by Ines Medić, contract, and concluded that drafters Frauke Nitschke, senior counsel Associate Professor at the Faculty of of these clauses must define in a clear, with the World Bank, who participat- Law of the University of Split, Croatia. unambiguous manner, the steps to be ed by video-link and gave an overview On the first day, among other followed by parties when implementing of ICSID's mediation rules in ISDS. speakers, Nina Betteto, member of them; whether the pre-arbitral steps are the Mediation Working Group of the a condition precedent to the arbitration Submitted by Maria Beatriz Burgh- Council of Europe Committee on the or whether parties may commence ar- etto, ArbitralWomen Board Member, Judiciary, introduced the work of the bitration while attempting an amicable Of-counsel at JA Cremades & partners, group and Professor Brian Hutchin- solution to the dispute. Once the mul- Paris, France

32 “Inspir-Acción. Mujeres de éxito: del dicho al hecho” (Inspir-Action: Successful women: from words to actions) 24 October 2019, Madrid, Spain

Left to Right: Elena Gutierrez, Ana Ormaechea, Alma Gómez, Cristina Balbás, Cristina Jimenez

On 24 October 2019 CEA These female leaders from very in the next 5/10 years. Mujeres, the female branch of the diverse fields (media, engineering, sci- The event gathered more than 80 Spanish Arbitration Club, which has ence, education and law) shared stories practitioners, including lawyers, arbitra- attracted more than 1.000 members of their journey to the top, including tors, academics, and in-house lawyers. from 43 countries, organized a round their successes, failures and drivers. table in collaboration with Hogan Lovells They also debated on the importance Submitted by Elena Gutierrez, Inde- with the theme “Inspiring by action”. of having role models and mentors, and pendent Arbitrator and Arbitral Women AW Board Member Elena Gutierrez even dared to give their forecast on the Director (Paris, France) (Independent Arbitrator and co-founder key challenges our society will be facing of CEA Mujeres) gave some welcoming words on behalf of CEA Mujeres and introduced the speakers. AW members Deva Villanúa (Partner at Armesto & Asociados and co-founder of CEA Mujeres) and Silvia Martinez (Senior Associate at Hogan Lovells) acted as very active and teasing moderators. Speakers included Alma Gómez, Deputy Director of the legal department of Técnicas Reunidas, Ana Ormaechea, Head of Digital Product of Prisa Radio & Founder of Cuonda podcast, Cristina Balbás, co-founder of Escuelab, and Left to Right: Filipa Cansado Carvalho, Elena Gutierrez, Ana Ormaechea, Alma Gómez, Cristina Balbás, Cristina Jimenez, Silvia Martinez, Deva Villanúa Cristina Jiménez, president of FIDE.

33 December 2019 Newsletter

Fifth Sarajevo Arbitration Day, 24 October 2019, Sarajevo, Bosnia & Herzegovina

On the first panel moderated by Benjamin Davis, professor of law, University of Toledo, the panellists Filip Boras, partner, Baker McKenzie, Dina Durakovic, partner, DMB Legal, and Ileana Smeureanu, ArbitralWomen Board member, lawyer, Jones Day, shared their experiences of the various biases they were confronted with in their career. The next panels enlightened the audience about local practices,

Mirèze Philippe tendencies and difficulties, first in Concession Agreements in BiH Nevena Jevremovic, I matter. Full stop!” The author of the Legal Practice, and second in FIDIC Manager, Corporate Learning at citation is Chimamanda Adichie, a Contracts, Law & Practice. IACCM, and founder of Association Nigerian novel writer. “Every woman After the closing remarks by Arbitri, organised another successful matters just like every human being Ms Jevremovic, the speakers were edition of the “Sarajevo Arbitration matters”, she added. Why we are still invited to an excellent dinner in Days” gathering a hundred partici- addressing diversity in 2019 and do a trendy restaurant, The Four pants. The keynote speech given by diversity and inclusion matter? She Rooms of Mrs Safija. Everyone Mirèze Philippe, Special Counsel, presented the work of some of the in- looked forward to the 6th edition. ICC, and ArbitralWomen co-founder, itiatives that contributed to close some (A full report will be published addressed the issue of diversity. One gender gap, such as ArbitralWomen on the website of the association of the 14 citations used by Google on and the Pledge, and said that every on www.associationarbitri.com). the International Women’s Day this initiative matters. She went on dis- year, she said, particularly resonat- cussing how bias invades our lives and Submitted by Mirèze Philippe, ed with her and ties in with all the decision-marking processes, before ad- Co-founder ArbitralWomen, Spe- efforts she has been undertaking in dressing ways to recognise our biases cial Counsel, ICC International Court the past 25 years: “I matter. I matter and try to minimise them. (Her speech of Arbitration. Photo: Association equally. Not if only, not as long as. will be part of a paper to be published). ARBITRI

Perception v. Reality: Inclusion, Transparency and Efficiency in Arbitration, 29 October 2019, Houston, Texas, USA

On 29 October 2019, the Houston office of Locke LLP, with the support of The Pledge, hosted a seminar entitled “Perception v. Reality: Inclusion, Transparency and Efficiency in Arbitration.” The panel was moderated by ArbitralWomen member Ann Ryan Robertson, Fellow and Vice President, CIArb. Panelists included Olivier P. Andre, Senior Vice President, International, CPR: International Institute for Conflict Preventions and Resolution, Yanett

Quiroz, Director, International Centre for Left to Right: Ann Ryan Robertson, Marcela Berdion-Straub, Olivier P. Andre and Yanett Quiroz Dispute Resolution and Marcela Berdion-

34 Straub, Lead Counsel-Litigation, TOTAL. cused not only on what institutions are part to promote inclusion, transpar- Ms. Robertson began by giving an doing to promote transparency but also ency and efficiency but that for these overview of The Pledge and its goals on whether more transparency is wanted three elements to be completely ful- and urging those who had not yet signed and needed by end users. The final topic, filled will require the concerted effort the Pledge to do so. Following these efficiency, was an examination of what of outside counsel, in-house coun- introductory remarks, Ms. Robertson the institutions are doing to promote sel, end users, as well as the institu- utilized results from the Queen Mary efficiency, including their oversight of -ar tions. While gains have been made, Survey to inform the audience of general bitrators and the revisions to their rules. there is much left to accomplish. perceptions. The first issue discussed Also examined was whether end-users by the panel was inclusion and more are proponents of techniques such as Submitted by Ann Ryan Robertson, particularly the actions being taken by summary judgment in arbitration. ArbitralWomen Member and Vice-Pres- the institutions to foster diversity and The conclusions reached were that ident of the Chartered Institute of Arbi- inclusion. The issue of transparency fo- the institutions are striving to do their trators (CIArb)

Young AW Practitioners event | Arbitral Parents: Managing Parenthood in the context of an International Practice, 30 October 2019, Milan, Italy

Although there is no magic for- mula and certainly not a one-fit for all solution, the discussion landed on a very reasonable driver to suc- cessfully balance parenthood (or, more in general, private life) with a successful arbitration practice, and that is Flexibility, Flexibility, Flexibility! The audience praised this kind of event, which is quite unusual in Italy, and suggested that more senior management should also be involved in Left to Right: Federica Bocci, Valentine Chessa, Giulio Giannini, Anna Biasiolo, Marco de Benito, such discussions. We have accepted Carmen Martinez Lòpez and Chiara Garofoli this challenge, so… stay tuned! On 30 October 2019 the at Three Crowns, also ArbitralWomen Milan office of DLA Piper, with the member, and in-house counsel, such as Submitted by the event co-organis- support of CEA Mujeres (Club Español Giulio Giannini, DS Smith and Chiara ers: Federica Bocci, Lead Lawyer at de Arbitraje), hosted a YAWP – Young Garofoli, Google. DLA Piper in Milan (Italy) and member ArbitralWomen Practitioners - event The panellists’ ability to share very of ArbitralWomen, and Annabelle concerning the challenges that personal and emotional insights triggered Möckesch, Senior Associate at Schel- arbitration practitioners (men and overwhelming participation from the au- lenberg Wittmer in Zurich (Switzer- women) face when trying to balance dience, which resulted in an invaluable land), member of the YAWP Steering parenthood and an international exchange of opinions and suggestions. Committee practice. Valentine Chessa, Partner at Castaldi Partners and ArbitralWomen Board Member, moderated the lively discussion amongst the panellists, including both arbitration practitioners, such as Anna Biasiolo, Associate at BonelliErede, ArbitralWomen member, Marco de Benito, Founding Partner of Estudio de Arbitraje, Carmen Martinez Lopez, Partner

35 December 2019 Newsletter

2019 International ODR Forum, Measures and Metrics, Boldly Going Where the Numbers Lead, 28-30 October 2019, Williamsburg, Virginia (USA)

Group photo with the speakers at the door of the Colonial Williamsburg Courthouse

The ODR Forum 2019 in focusing more particularly on technology outdated, lose business and lose the Williamsburg (Virginia, USA) which in state courts since 2016 at the ODR objective of access to justice. Ethics and was held from 28 to 30 October 2019 Forum in The Hague, and continued to standards have been important matters was jointly organised by the National do so at the ODR Forum in Paris in 2017, discussed at almost every ODR Forum Center for Technology & Dispute then in Liverpool in 2018 and this year in in the recent years. Resolution (NCTDR) and the National Williamsburg. The latter Forum was the “What does it take to bring justice Center for State Courts (NCSC). It was most important one in addressing the online?” was the topic discussed by the biggest annual forum attended by experience of state courts which offer ac- Mirèze Philippe, Special Counsel, ICC, approximately 300 participants from cess to justice online. Some courts are in- and ArbitralWomen co-founder. She ad- nearly 20 countries. Paul Embley spiring models which may convince other dressed the issue of denial of justice as from NCSC succeeded to gather ODR courts to invest in bringing justice online. millions of small claims remain unsettled experts and non-experts from all profiles, The keynote of Justice Constandinos and said that denial may be effectively including state courts, ODR providers, Himones from Utah Supreme Court was cured through ODR, but that online jus- dispute resolution organisations and particularly impressive. If anyone in the tice is lagging behind. She explained the universities, and also people participating room still had doubts about the benefits undeniable advantages of ODR before for the first time in these forums. In of giving access to courts online, Judge discussing the lessons to learn from past addition to being a successful event, Himones certainly succeeded to remove experiences which may help avoiding all panels were extremely interesting. such doubts. His inspiring words gave future recurring mistakes. She added The speakers’ papers will be published the tone for the rest of the conference. that digitalising courts is undisputably in the International Journal of Online The various panels presented how a progress and that their success will Dispute Resolution. Nearly half of the public and private initiatives have increase users’ confidence in public and speakers were women. brought justice online in some jurisdic- private justice conducted online. The most striking novelty at this tions. Current online services, ongoing The three-day intensive programme year’s edition was the massive partici- and future initiatives discussed demon- ended with a visit of the charming pation from practitioners coming from strated not only that ODR is gaining field, Colonial Williamsburg. state courts in the United States; several but most importantly that stakeholders courts are bringing justice online and who may not yet be involved in bring- Submitted by Mirèze Philippe, Co-found- these efforts are certainly driving change ing justice online are realising that they er ArbitralWomen, Special Counsel, ICC in public justice. The ODR Forums started must invest in ODR now before they get International Court of Arbitration

36 2020 AW Moot Funding Programme Campaign

Each year ArbitralWomen provides support to student international arbitration. Many ArbitralWomen members teams to participate in dispute resolution competitions assist moot teams as coaches in their jurisdiction, and/or by paying the team’s registration fee. ArbitralWomen is sit as arbitrators in the competitions and are invariably proud to support teams competing in the Vis or Vis East impressed by the quality of the students’ work and International Arbitration Moots and other international performance. You can find first-hand reports from law and ADR moot competitions. the 2019 moot teams whose financial sponsorship was Moot competitions provide law students with an provided or coordinated by ArbitralWomen in our July invaluable opportunity to effectively handle a major 2019 ArbitralWomen Newsletter.

ArbitralWomen’s successful moot funding programme would not be possible without the sponsorship of its partners! We need your support!

ArbitralWomen has already received students’ appli- support young future practitioners from all over the world cation for the 2020 ArbitralWomen funding programme. in their participation in enriching international arbitration Please encourage your colleagues and other contacts to moot competitions.

You may contact Affef Ben Mansour and Juliette Fortin at [email protected] for more information on how to support the 2020 Moot Funding Programme.

ArbitralWomen is celebrating the 10th anniversary of its Moot Funding Programme developed by Louise Barrington and in effect since 2009

As the founder and director of Vis East Moot convening in students, as they have the opportu- Hong Kong, the sister of the Vis International Arbitration Moot nity to play a role it would otherwise take decades of practice to achieve. taking place in Vienna, Louise had been confronted with teams The students work hard in preparing who did not have the chance to compete due to lack of funds, their memorials and arguments, and material or coaches. She thus suggested that AW provide as- perform spectacularly. In March 2017, one of the sponsored teams, the West sistance to teams in any possible way to enable talented young Bengal National University from India, people to compete. came first in the Vis East Moot, a huge success for the university. AW was hon- Where possible the funds are con- they wish, or even invite one or more oured to have contributed to the team’s tributed by firms and occasionally by of these students to serve as trainees victory. individuals, so that the cost does not in their firm. It is a win/win situation From 2009 to 2014 AW funded 3 to become too much of a burden to all around, as many teams would not 4 teams each year. From 2015 to 2017, ArbitralWomen itself. The more firms afford to participate without this assis- AW succeeded to fund 5 to 8 teams, and and individuals are willing to provide tance. Although the support is limited in 2018 the number rose to 10 teams. sponsorship the more teams can be to payment of the registration fee, there The support of a higher number of funded, and there are excellent public is nothing to prevent sponsors from moot teams was achieved thanks to relations benefits to the sponsors. Each providing additional assistance to the generous sponsors. sponsor’s donation carries the donor’s teams if they should so desire. Some testimonials from teams sup- title on the award, and sponsors may be The Vis and other moots are an ex- ported confirms the importance of con- introduced to the teams they funded if tremely valuable experience for law tinuing such programme.

37 December 2019 Newsletter

Testimonials from “It was a tremendous educational event, a unique experience, and an occasion to see the professional world before graduating. We discov- teams supported ered a new world, as we made contacts with very impressive people.”

“You believed in us and encouraged us. Thanks to your support, we “Thank you so much! None of this would have been possible without were strongly inspired to complete our memoranda and to participate the support extended by ArbitralWomen. We had been turned down in the Moot. We consider this to be a miracle and we worked hard to by so many firms in India and our only hope for any help was your show our appreciation…” organization. We hope to continue taking women ahead in the field in the future as well.” “Thank you for contributing to the realization of our opportunity to compete against big names and in front of eminent law practition- “With every small step, we used to be confident about our prepa- ers, so that our national flag waved at the event, so that we come to ration, but doubtful about the enormous finances to cover. Within this realize that coming from a less-developed nation does not necessarily conflict came a huge blessing for us from ArbitralWomen” make us any less competent. That, perhaps, is the biggest and most meaningful souvenir to take away. “Very close to when registration fee was due, we had not yet been able to get the money to pay for it, which caused us a lot of additional “Our participation in the Hong Kong 7th Vis Moot turned out to worry. Thus, the economic help granted to us to cover those costs, took a be an unforgettable memory to all members of the team. In addition, lot of weight off our shoulders and gave us an additional impulse to keep we made friends and learned about other cultures. The Moot was a moving forward. In a way, ArbitralWomen made it possible for us to once-in-a-lifetime event for us. With the support of all those who officially embark on this unforgettable journey, which changed our lives helped, they made our dream come true.” forever and promoted the participation of five women on this important academic event in the realm of international commercial arbitration.” “Participating in the Moot was an invaluable experience. The Moot was the best place to learn the practice of international commercial “It was not a light feeling to know that the financial problem could arbitration and the art of advocacy, skills which we would never only be resolved a few months before the actual competition. And at have been able to get from in-class learning. Throughout the tough the same time, it was quite distracting for us to focus on researching oral rounds, we learned how to improve ourselves, address every while having to save up for the competition. In fact, we all took different question of the arbitrators, and develop teamwork. We had a great part-time jobs to make some minor savings. Luckily, we were selected time in Vienna and we were happy to live this experience. It was rich to receive the funding from a law firm to cover our registration fee. on the academic level, the social events, and the people we met. We That was genuinely encouraging for us to know that a big firm saw now have friends from all over the world.” our potential, our need and was willing to help.”

ArbitralWomen thanks all SPEAKING AT AN EVENT? contributors for sharing their stories.

If you or other ArbitralWomen members are speaking at Social Media an event related to dispute resolution, please let us know so Follow us on Twitter @ArbitralWomen that we can promote the event on our website and mention and our LinkedIn page: www.linkedin. it in our upcoming events email alerts! com/company/arbitralwomen/

If you wish to organise an event with ArbitralWomen, please send the Newsletter Editorial Board following information to [email protected]: Maria Beatriz Burghetto, Dana MacGrath, Karen Mills, • Title of event or proposed event Mirèze Philippe, Erika Williams • Date and time Newsletter Committee • Names of ArbitralWomen members speaking at the event or who Affef Ben Mansour, Gaëlle Filhol, are potential speakers Sara Koleilat-Aranjo, Amanda Lee, • Venue Vanina Sucharitkul • Flyer or draft flyer which must be approved by ArbitralWomen Executive Board Graphic Design: Diego Souza Mello • Short summary of the event for advertising purposes [email protected] • How to register/registration link AW Board at a Glance: click here AW Activities at a Glance: click here

38 Membership Runs Now Annually from Date of ArbitralWomen Individual Payment & Corporate Membership

ArbitralWomen website is the only hub offering a database of female practitioners in any dispute resolution role including arbitrators, mediators, experts, adjudicators, surveyors, facilitators, lawyers, neutrals, ombudswomen and forensic consultants. It is regularly visited by professionals searching for dispute resolution practitioners.

The many benefits of ArbitralWomen membership are namely:

• Searchability under Member Directory and • Visibility on the News page if you contribute Find Practitioners to any dispute resolution related news and • Visibility under your profile and under ArbitralWomen news Publications once you add articles under My • Visibility on the News about AW Members to Account / My Articles announce news about members’ promotions • Opportunity to contribute to ArbitralWomen’s and professional developments section under Kluwer Arbitration Blog • Ability to obtain referrals of dispute • Promotion of your dispute resolution resolution practitioners speaking engagements on our Events page • Networking with other women practitioners • Opportunity to showcase your professional • Opportunity to participate in ArbitralWomen’s news in ArbitralWomen’s periodic news alerts various programmes such as our Mentoring and Newsletter Programme

We encourage female practitioners to join us Membership: click here for the list. either individually or through their firm. Joining is easy and takes a few minutes: go to ‘Apply ArbitralWomen is globally recognised as the Now’ and complete the application form. leading professional organisation forum for advancement of women in dispute resolution. Individual Membership: 150 Euros. Your continued support will ensure that we can provide you with opportunities to grow your Corporate Membership: ArbitralWomen network and your visibility, with all the terrific Corporate Membership entitles firms work we have accomplished to date as reported to a discount on the cost of individual in our Newsletters. memberships. For 650 Euros annually (instead of 750), firms can designate up to five individuals ArbitralWomen membership has grown to based at any of the firms’ offices worldwide, and approximately one thousand, from over 40 for each additional member a membership at countries. Forty firms have so far subscribed for the rate of 135 Euros (instead of 150). corporate membership, sometimes for as many Over forty firms have subscribed a Corporate as 40 practitioners from their firms.

Do not hesitate to contact [email protected], we would be happy to answer any questions.