International Arbitration Day

Keynote followed by Panel discussion on Best practices and bug bears: a world tour of in-house counsel jurisdictional perspectives on international arbitration

Keynote form Kevin Nash,  Director General of the London Court of International Arbitration (LCIA)

The keynote will be followed by a panel discussion on

Best practices and bug bears: a world tour of in-house counsel jurisdictional perspectives on international arbitration

The panellists include:

Keynote followed by Panel discussion on Arbitration in corporate and private equity: lessons from Asia

The keynote speaker will be followed by a panel discussion on:

Arbitration in corporate and private equity: lessons from Asia

Recent experiences from Asia demonstrate how jurisdictional nuances and cultural context influence the arbitration of corporate and private equity disputes. By examining these lessons, the panel will offer insights into best practices, strategic considerations, and the evolving role of arbitration in managing business risk and securing investment outcome.

The panellists include:

• Gourab Banerji (Essex Court Chambers) - moderator
• David Blumenal (Simmons & Simmons)
• James Nicholson (FTI Consulting)
• Kathryn Sanger (Herbert Smith Freehills)
• Duncan Watson KC (Quinn Emanuel)

Keynote followed by Panel discussion on Challenging sovereignty: arbitrations against States and State-owned entities

Keynote from The Honorable Mrs Justice Cockerill, DBE followed by a panel session on:

Challenging sovereignty: arbitrations against States and State-owned entities

Many practitioners agree on the merits of robust systemes to resolve disputes involving the obligations of States and State-owned entities ('SOEs').  However, in both the treaty-based and commercial spheres, challenges to the legitimacy and effectiveness of arbitration as such a system are mounting. Outsized arbitral awards and settlements, intrusive and wide-ranging provisional measures including injunctive relief, geopolitical tensions and the spectre of corruption have corroded public trust in the arbitration process where sovereign interests are involved. In parallel (and partly as a result) we have seen a retrenchment from the ISDS system by certain major sovereign players, despite significant reform projects, as well as serial non-compliance by certain States and SOEs with both commercial and investor-State awards, which in turn has an impact on the confidence in arbitration of commercial users of the system. As we move into the second quarter of the century, we will ask our panel to comment on these developments, consider whether the issues faced today differ from what has come before, and consider what shape future cases are likely to take.

Panellists include:

• Makane Mbengue (University of Geneva)

An ideal seat? Perspectives from established and emerging seats

What  makes one jurisdiction stand out as the 'ideal' seat for international arbitration? Panellists will consider key factors such as legal infrastructure, judicial support, predictability, and enforceability, and debate whether one size truly fits all - or if the 'ideal' seat depends on the nature and nuances of each case.

Panellists include:

• Emilia Onymema (SOAS) - moderator
• Stuart Dutson (Simmons & Simmons)
• Catherine Schroeder (Schroeder Arbitration)

On the frontier of disputes in the Middle East: Giga projects, economic diversification and the role of arbitration

In recent years mega-projects have come to the fore as a drivere of significant growth in the Middle East.  Bat as they move from planning, to development, to realisation, disputes, will, and have, invariably begun to arise. In this session, a panel of regional experts, drawn from the construction and legal sectors, will examine the unique complexities that such disputes pose, and the role of arbitration, dispute boards and other forms of ADR, in resolving them.

The panellists for this session are:

• Teresa Laboucarie-Polak (Linklaters) - moderator
• Sean Cameron (Neom)
• Haroon Niazi (HKA)

Disputes in Central Asia: challenges and strategies amidst geopolitical uncertainty

Central Asia occupies an important intersection between many of the forces shaping the world today. With strong geographical and economic ties to both Russia and China (in particular through its recent exposure to the Belt and Road Initiative), and substantial deposits of strategically important natural resources such as rare earths and hydrocarbons, the region will continue to grow in political significance. Against this backdrop, this session will consider what features can be drawn from disputes that have occurred in Central Asia to date, as well as the trends we are likely to see in disputes going forward. Panellists will comprise practitioners and experts with first-hand knowledge of the region’s unique dynamics, providing an insight into doing business there and resolving disputes involving parties or enterprises coming from it.

Panellists include:

• Bahar Charyevva (Squire Patton Boggs) - moderator
• Bagdat Kuzhatov  (PSA, Kazakhstan)
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Russia related disputes, international sanctions and differing perspectives on anti-suit relief: supporting arbitration or overstepping boundaries?

The imposition of sanctions arising from the war in Ukraine has led to a fundamental shift in the disputes landscape with jurisdictional competition arising between the parties' chosen forum, and legislative responses by sanctioned countries such as Russia. In this session our panel will look at the competing interests, policy responses, and seek to examine, form the perspective of different jurisdictional traditions, the appropriate place of anti-suit relief in protecting international arbitration.

The panellists include:

Renewable energy projects and arbitration: diverging paths in the Americas

As Latin America and North America embark on ambitious renewable energy transitions, arbitration proceedings are reflecting a growing divide in policy priorities, investor protections, and regulatory approaches. This discussion will illuminate the emerging fault lines, highlight evolving treaty trends, and explore how counsel and parties can navigate this complex and rapidly changing landscape.

Panellists include:

• Wendy Miles KC (Twenty Essex) - Moderator
• David Weiss (Mayer Brown)
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Behind the curtain: ask the arbitrator anything

Have you ever sat in a hearing and wondered what an arbitrator was really thinking? This is your opportunity to ask. This will be a Chatham House-style discussion led primarily by audience questions. Suggested topics include the dynamics of tribunal deliberations, what really is the role of the tribunal secretary, how to manage arbitrator work alongside private practice, breaking into the arbitrator club, and managing cultural differences among tribunal members/parties, among others.

Panellists include:

• Loretta Malintoppi (39 Essex Chambers)

Procedural efficiency - enough tools already, or more innovation to come?

Representatives from the international arbitration community, institutions and arbitrators alike, will share their thoughts and insights on the current state of institutional rules and arbitral practice - with a particular focus on whether, and how, procedural efficiency is best being optimised. Is the current state of affairs, and offering to users, satisfactory? Is there room for more to be done? Or are we at risk of a procedural arms race?

The panellists include:

The impact of the EU's approach to ISDS: international perspectives

In the wake of the Achmea decision, practitioners are grappling with the implications for the enforcement of intra-EU investment awards. This panel will examine the challenges involved in enforcing intra-EU awards, the treatment of Achmea across different jurisdictions, and the ultimate impact of Achmea on the investment dispute system.

Panellists include:

• Christopher Vajda KC (Monckton Chambers) - Moderator
• Chester Brown (7 Wentworth Selborne)
• Sylvia Tonova (Pinsent Masons)
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Tale of two Continents: cross-jurisdictional perspectives on mining arbitrations from Latin America and Africa

Mining is booming – and with it, mining disputes. Rapidly growing demand for critical minerals in clean energy and advanced semiconductor technologies has prompted a rise in investment in the sector. However, in certain parts of the world it has also prompted a rise in resource nationalism. This session is designed to be a conversation between two prominent regional mining hubs, both of which have had well-publicised experiences with arbitration as a means of addressing this phenomenon, but whose characteristics and backgrounds have led to differing approaches and perspectives. The panel will discuss trends arising out of recent commercial and investment treaty mining cases and the shared challenges associated with sovereign measures addressing environmental, social and governance issues. As technological and political developments bring with changes to the mining sector, the session will consider what these regions’ divergent experiences can teach us about dispute resolution in mining.

Panellists include:

• Naomi Briercliffe (Squire Patton Boggs) - moderator
• Luiz Aboim (Mayer Brown)