The Joint Conference is presented by The Institute for Transnational Arbitration (ITA), The Institute for Energy Law (IEL) (both subsidiaries of The Center for American and International Law (CAIL)) and The International Court of Arbitration of the International Chamber of Commerce (ICC).
The 1½-day ITA-IEL-ICC Joint Conference is presented annually in Houston with the support of other leading regional and global arbitration organizations. The Joint Conference traditionally includes a year-in-review analysis of key developments in international energy arbitration practice during the preceding year, panels and debates concerning these developments, a Forum for off-the-record discussion of current issues, a Young Arbitrators Roundtable and a variety of social networking activities.
Conference Co-Chairs
Gabriela Álvarez-Ávila
Partner
DLA Piper
Mexico City, Mexico
Eugene Silva
Senior Disputes Counsel
Exxon Mobil Corporation
Houston, TX, USA
Willie Wood
Partner
Pillsbury Winthrop Shaw Pittman LLP
Houston, TX, USA
Young Lawyers Roundtable Co-Chairs
Dustin Appel
Bradley Arant Boult Cummings LLP
Houston, TX, USA
Eugenie Rogers
Baker McKenzie
Dallas, TX, USA
Sylvia Sámano
Hogan Lovells LLP
Mexico City, Mexico
Schedule and Faculty
Thursday, January 18
2:30-2:45 pm - Welcome
- Alexander G. Fessas, Secretary General, ICC International Court of Arbitration, Paris, France
- Michael P. Lennon, Jr., IEL Chair, Mayer Brown, Houston, Texas
- Tomasz J. Sikora, ITA Chair, Senior Counsel - International Disputes Group, Exxon Mobil Corporation, Spring, Texas
YOUNG LAWYERS ROUNDTABLE
Presented by
ICC Young Arbitrators & ADR Forum (YAAF)
IEL Young Energy Professionals (YEP)
Young ITA (YITA)
Roundtable Co-Chairs
- Dustin Appel, IEL YEP Representative, Bradley Arant Boult Cummings LLP, Houston, Texas
- Eugenie Rogers, ICC YAAF Representative, Baker McKenzie, Dallas, Texas
- Sylvia Sámano Beristain, Young ITA Representative, Hogan Lovells, Mexico City, Mexico
2:45-2:50 pm - Welcome to the Roundtable
2:50-3:50 pm - Ensuring the Independence and Impartiality of Experts in Arbitration
Panelists will address the delicate balance of securing engagements by counsel and the parties they represent in arbitration, while maintaining the requisite independence and impartiality from counsel and party appointees to uphold the professional and ethical duties that apply to experts. Panelists will discuss the ethical duties owed to the tribunal in connection with expert evidence, the different approaches taken by counsel in preparing experts for oral evidence, and the tension and various considerations that may be encountered.
As part of the discussion, the panel will consider a number of hypothetical scenarios that illustrate possible conflicts of interest or impairments to impartiality and ways that parties or tribunals might address these issues.
Moderator: Eugenie Rogers, Baker McKenzie, Dallas, Texas
Panelists:
- Christina L. Beharry, Foley Hoag, Washington, D.C.
- F. Teresa Garcia-Reyes, Baker Hughes, Houston, Texas
- Miguel A. Nakhle, Compass Lexecon, Houston, Texas
- Charline Yim, Gibson, Dunn & Crutcher LLP, New York
3:50-4:55 pm - Adapting to New Energy Contracts: How Will Energy Transition Change Arbitration Practice?
Energy transition will bring new transactions with new issues and new deal structures. Panelists will explore how these phenomena will reshape the substantive practice of energy-related arbitration.
Moderator: Ruxandra Esanu, Wordstone Dispute Resolution, Paris, France
Panelists:
- Clea Bigelow-Nuttal, Pinsent Masons LLP, London, United Kingdom
- Nathan O’Malley, Musick, Peeler & Garrett LLP, Los Angeles, California
- Irina Tsveklova, Weil, Gotshal & Manges LLP, Houston, Texas
5:00-6:15 pm - Welcome Reception
6:30-8:30 pm - Joint Conference Dinner
Optional Ticketed Event – Space Limited - We are sorry but the conference dinner has sold out. If space becomes available through cancellations, we will advise attendees at the conference.
Caracol Restaurant
2200 Post Oak Blvd., #160
Houston, TX
Friday, January 19
8:00 – 9:00 am - REGISTRATION AND CONTINENTAL BREAKFAST
9:00 – 9:05 am - Welcome Back
Conference Co-Chairs
- Gabriela Alvarez-Avila, DLA Piper, Mexico City, Mexico
- Eugene Silva, ExxonMobil, Houston, Texas
- Willie Wood, Pillsbury Winthrop Shaw Pittman, Houston, Texas
9:05 – 9:40 am - Keynote Address: An Overview of the Impact of Recent Geopolitical Disruption on International Business
- The Hon. Mark W. Menezes, President & Chief Executive Officer, United States Energy Association, Washington, D.C.
9:40 – 10:40 am - The Impact of Wartime and Related Sanctions on Arbitration Proceedings and the Enforcement of Awards
Navigating an international arbitration under optimal circumstances is complicated enough. Geopolitical disruptions such as war, sanctions, and boycotts introduce even greater challenges. The panel will consider how to address potential disruptions during the conduct of proceedings and the subsequent enforcement of awards.
Moderator: David Y. Livshiz, Freshfields Bruckhaus Deringer LLP, New York, New York
Panelists:
- Laurie Achtouk-Spivak, Cleary Gottlieb Steen & Hamilton LLP, Paris, France
- Alexander G. Fessas, Secretary General, ICC International Court of Arbitration, Paris, France
- Charlene Sun, DLA Piper, New York, New York
10:40 – 11:10 am - COFFEE BREAK
11:10 – 12:10 pm - Political Risks in Big Energy Projects: If Not Investment Treaties, Then What?
Mitigating risk through investment treaty protection has become de rigueur in most large, cross-border energy projects. However, there are challenges to this conventional wisdom. From restrictions on access, redefinition of rights, and even outright repudiation, practitioners in this area must think creatively for new ways to manage political risk. Panelists will survey this emerging reality and share their thoughts on what the future of investment protection could look like.
Moderator: Ann Ryan Robertson, Locke Lord LLP, Houston, Texas
Panelists:
- Mónica Jiménez, GeoPark Colombia, Bogotá,Colombia
- Silvia Marchili, White & Case LLP, Miami, Florida
- Alberto Ravell, Managing Counsel – Commercial & Environmental Litigation, ConocoPhillips, Houston, Texas
- David Weiss, Mayer Brown LLP, Houston, Texas
12:10 – 2:00 pm - Luncheon and Oral History Interview
A Conversation with
Doak Bishop
King & Spalding LLP
Houston, Texas
Interviewed by
Tomasz J. Sikora
Exxon Mobil Corporation
Houston, Texas
This interview is the latest in a series organized by the ITA Academic Council to record the evolution of modern international arbitration in the words of those who have led it.
2:00 – 2:40 pm - 2023 Year in Review: The Top 10 (Or Close To 10) Developments in International Energy Arbitration
This presentation will survey investor-state and commercial disputes in the energy sector and highlight the biggest developments of the last year. Casting an eye over the wide range of matters that have come before arbitral tribunals in 2023, speakers will identify rulings and industry trends that are likely to influence energy arbitration into 2024 and beyond.
- Kevin O’Gorman, Norton Rose Fulbright US LLP, Houston, Texas
- Laura Sinisterra, Debevoise & Plimpton, New York, New York
2:40 – 3:40 pm - Identifying, Quantifying, and Proving Damages in Energy Projects: How to Incorporate Risks in Calculating Damages Based on Unforeseen Circumstances?
This panel will explore recent developments and strategies in addressing risks, including both unforeseen regime and regulatory changes, in modeling damages. It will address, among other developments, (i) assessment of risk for renewable energy projects that have not commenced operations, and (ii) how changes in the “equilibrium of the contract” should or should not affect damages awarded by arbitral tribunals.
Moderator: Richard D. Deutsch, Pillsbury Winthrop Shaw Pittman LLP, Houston
Panelists:
- Veronica Irastorza, The Brattle Group, San Francisco, California
- John Burritt McArthur, Law Office of John Burritt McArthur, Berkeley, California
- Dr. Blanca Perea, FTI Consulting, Miami, Florida
- Almir Smajlovic, Secretariat Advisors, LLC, Houston, Texas
3:40 – 4:00 pm - COFFEE BREAK
4:00 – 5:00 pm - ITA-IEL-ICC Forum
The Forum is an open and informal discussion that provides arbitrators, arbitration counsel, and in-house counsel the opportunity to share experiences and raise concerns about arbitration practice in an off-the-record format. The agenda for the Forum is determined by the participants, by pre-submitted questions and topics and by spontaneous remarks at the event. Registrants will receive instructions on how to submit questions or topics for discussion at the Forum.
Moderators:
- Adrián Magallanes, Von Wobeser y Sierra, S.C., Mexico City, Mexico
- Dr. Diora M. Ziyaeva, Dentons US LLP, New York, New York