Thursday, February 28, 2019

Keynote Address by Professor George A. Bermann

AM19 began with an opening keynote address by Professor George A. Bermann, Jean Monnet Professor of EU Law, Walter Gellhorn Professor of Law, and the director for the Center for International Commercial and Investment Arbitration (CICIA) at Columbia Law School. He is also a CPR distinguished neutral.

SESSION #1: General Counsel Roundtable

What is your general approach to mediation/arbitration? What devices do you use to avoid disputes? When do you use arbitration? For what types of disputes? When is it most useful? When do you use mediation? For what types of disputes? V. What factors do you consider in selecting a mediator or arbitrator? What are your observations about the level of diversity among mediators/arbitrators? Do you see any ways in which diversity can be increased?

Moderator:
KENNETH GALLO | Paul Weiss

Speakers:
E. ROBERT LUPONE | Textron
PILAR RAMOS | MasterCard
DAVID STRYKER | Huntsman

SESSION 2: PSYCHOLOGY OF DECISION MAKING

Classical economic analysis of unsuccessful negotiations identifies differences in estimation of the net expected value of an agreement, differences in risk aversion, and exogenous factors (e.g., linkage, reputation, revenge) as the principal causes of negotiation failure. In the context of an actual or threatened lawsuit, the predicted outcome of the case after trial or appeal is a critical influence in negotiations/mediation as it is often the most likely alternative to a negotiated agreement (settlement). But what psychological and behavorial phenomenon influence the parties’ and lawyers’ assessments of the legal outcome, the risks, and extrinsic influences? Is it possible to identify these underlying drivers of decision-making in the face of the uncertainty created by a legal dispute. And is it possible to affect these underlying factors, change the dynamics, and improve dispute resolution behavior in negotiation and mediation? A panel comprised of leading inside litigation counsel, outside counsel, mediator, and academic experts on these subjects will lead a lively dialogue and demonstration of critical psychological/behavior influences on conflict resolution.

Moderator:
ERIC GREEN | Resolutions LLP

Speakers:
MARY BETH CANTRELL | Amgen
HON. NANCY GERTNER (RET.) | Harvard Law School
JEFFREY M. SENGER | Sidley Austin

SESSION #3A: ADR IN GOVERNMENT CONTRACTING

An overview of ADR in federal contract disputes.

Moderator:
W. BARRON AVERY | BakerHostetler LLP

Speakers:
HON. LYNDA T. O'SULLIVAN | Armed Services Board of Contract Appeals
RUSSELL SHULTIS | Naval Litigation Office - US NAVY
DON YENOVKIAN | Fluor Corporation

SESSION #3B: CYBERSECURITY AND DATA PRIVACY

To provide an update on the cybersecurity working group and expand the discussion to data privacy.

Moderator:
HAGIT MURIEL ELUL | Hughes Hubbard & Reed

Speakers:
TATIANA CAMPELLO | Demarest
HUGH CARLSON | Three Crowns
RALF LINDBÄCK | Wärtsillä
KATHLEEN PAISLEY | Ambos Law

SESSION #4: ASSAULT ON ARBITRATION AS A DISPUTE RESOLUTION MECHANISM

The New York Times recently described arbitration clauses as “a far-reaching power play orchestrated by American corporations” to devise “a way to circumvent the courts and bar people from joining together in class-action lawsuits, realistically the only tool citizens have to fight illegal or deceitful business practices.” The criticism once reserved for consumer and employment cases has spread to commercial and investor-state arbitrations. General counsel who once viewed arbitration as the faster, more efficient, and confidential dispute resolution mechanism, now express disappointment. In the investor-state arena, governments and interest groups deride decisions affecting public policy by private arbitrators as anti-democratic. This panel will explore the full scope of the criticism and suggest solutions.

Moderator:
MARK CYMROT | BakerHostetler LLP

Speakers:
FRANCES BIVENS | Davis Polk
WILLIAM H. CROSBY, JR. | Interpublic Group
ADOLFO JIMENEZ | Holland & Knight
JAMES SEARBY | FTI Consulting

SESSION #5A: DISPUTE RESOLUTION IN INDIA

Launch of the India Supplement to the Corporate Counsel Drafting Manual.

Moderator:
VIREN MICHAEL MASCARENHAS | King & Spalding

Speakers:
FRANCES E. BIVENS | Davis Polk
THOMAS CHILDS | King & Spalding
BETSY A. HELLMANN | Skadden

SESSION #5B: DRIVING MEDIATION INTO THE ARBITRATION PROCESS

How to inject more mediation and/or settlement opportunities into arbitration, arbigociation and other tactics for settling.

Moderator:
JONATHAN L. GREENBLATT | Shearman & Sterling

Speakers:
THERESA COETZEE | Marriott International
CHARLES E. HARRIS, JR. | Bechtel Nuclear, Security & Environmental, Inc.
ROLAND SCHROEDER | General Electric Company

Inspiring Innovation Award Dinner

Thursday night was the Inspiring Innovation Award Dinner, Honoring Mastercard and James Masterson, Assistant General Counsel, Litigation, for their innovative ADR thinking and excellence in execution. 

Friday, March 01, 2019

SESSION #6: FASTER, BETTER, STRONGER: EXPEDITED PROCEDURES IN ARBITRATION

Explore the use of expedited procedures in arbitration, including summary disposition of claims and fast track rules.

Moderator:
JOHN J. BUCKLEY, JR. | Williams & Connolly LLP

Speakers:
WILLIAM HORTON | William G. Horton Corporation
MELISSA MAGLIANA | LALIVE
JOSEPH E. NEUHAUS | Sullivan & Cromwell
LAURA ROBERTSON | ConocoPhillips

SESSION #7: PREPARING FOR THE ROBO-REVOLUTION: ARBITRATING SMART CONTRACT DISPUTES

The future role of ADR from algorithms to arbitration in unique disputes arising out of e-commerce and blockchain technology.

Moderator:
DAVID L. EARNEST | Shearman & Sterling

Speakers:
DANIEL E. GONZALEZ | Hogan Lovells
ANDREW JAMES LOM | Norton Rose Fulbright
LEE SCHNEIDER | block.one

SESSION #8A: MASTER MEDIATORS ANSWER MEDIATION'S MOST INTRIGUING QUESTIONS

In this interactive session, a panel of experienced mediators will address many of today's most intriguing, often controversial, issues. The Panel will answer questions such as "How should a mediator respond when participants ask to dispense with a joint session?" "What does it mean to be an 'evaluative' mediator?" "Is it okay to lie to the mediator?" And "What are some of the hidden barriers to resolution typically unknown to mediation advocates?"

Moderator:
BENNETT PICKER | Stradley Ronon Stevens & Young LLP

Speakers:
EILEEN CARROLL | CEDR
MICHAEL K. LEWIS | JAMS
JUDITH MEYER | Commercial Dispute Solutions

SESSION #8B: NAVIGATING RISKY BUSINESS: NAFTA, BITs, ITAs, AND GLOBAL TRADE

Private arbitration panels making public policy.

Moderator:
ANK SANTENS | White & Case

Speakers:
ARIF ALI | Dechert LLP
MÉLIDA N. HODGSON | Foley Hoag
MARK A. LUZ | Trade Law Bureau (JLT), Global Affairs Canada

SESSION #9A: WHAT MAKES A GREAT ARBITRATOR (AND WHAT DOES NOT)?

Users define what they see as qualities that make a great arbitrator and arbitrators missteps they have seen.

Moderator:
ALEXANDRE DE GRAMONT | Dechert LLP

Speakers:
DAVID BELL | Marriott International
ELOÏSE OBADIA | International Investment Law Practitioner and Arbitrator/Mediator
FERNANDO SEREC | TozziniFreire

SESSION #9B: IP AND ADR

How can U.S. Patent and Trademark Office (USPTO) post grant proceedings, such as IPRs, benefit from ADR? In International Trade Commission (ITC) proceedings, what are the best ways to improve upon ADR procedures?

Moderator:
JAMES AMEND | JAMS

Speakers:
ANDREI IANCU | United States Patent and Trademark Office
LYNN M. RUSSO | Hughes Hubbard & Reed
RODRIGO DE ASSIS TORRES | Dannemann Siemsen

SESSION #10: CPR-CEDR INSIGHTS RESEARCH

CPR and CEDR have issued a joint report “Insights into Alternative Dispute Resolution” which summarizes two studies conducted over the last 12 months: a survey of the attitudes and dispute resolution practices of a cross-section of CPR’s corporate members and a separate survey, undertaken by CEDR in collaboration with CPR, to audit the experience and attitudes of commercial mediators in both the US and UK markets.Over the past year, the International Institute for Conflict Prevention and Resolution (“CPR”) and the Centre for Effective Dispute Resolution (“CEDR”), two of the world’s leading bodies in the field of Alternative Dispute Resolution (“ADR”), have collaborated to examine the status of modern-day dispute resolution approaches in the corporate sector. 

Olivier P. André, CPR’s Senior Vice President, International, and James South, CEDR’s Managing Director, Senior Consultant & Mediator, will report and discuss some of the Report’s findings.

Speakers:
OLIVIER ANDRÉ | CPR Institute
JAMES SOUTH | CEDR

SESSION #11: ETHICS IN ADR (SPONSORED BY Y-ADR)

Confidentiality in the arbitral process: Key motivator or unreal expectation?

Moderator:

PATRICK PEARSALL | Jenner & Block

Speakers:
PETER BUCKLEY | Fox Rothschild LLP
VANESSA ALARCON DUVANEL | White and Case
JOSHUA KARTON | Queen's University Faculty of Law
DANA MACGRATH | Bentham IMF
JENNIFER THORNTON | Arent Fox

Saturday, March 02, 2019

SESSION #12: PRACTICAL TAKE-AWAYS FROM COURT DECISIONS

Update on Scotus, Post Epic, mandatory SH arbitration.

Moderator:
MARK KANTOR | Independent Arbitrator

Speakers:
LISA BANKS | Katz, Marshall & Banks, LLP
S.I. STRONG | University of Missouri School of Law

BRUNCH WITH GCs

We will engage in a conversation and learn how GCs manage crises and resolve resulting disputes using innovate ADR tools and techniques. Real world, critical infrastructure and related experiences will be shared with lessons learned and tips on preparation, staffing and solving the problems and conflicts which most crises produce. Board of directors approvals and/or other involvement included.

Speakers:
SCOTT PARTRIDGE | Bayer
LESLIE THORNTON | Washington Gas (Ret.)