3rd Annual ICC-ITA-IEL Joint Conference on International Energy Arbitration

Court ribbons 2014
  • Location: Houston
  • Date: 14/01/2016 - 15/01/2016
  • Event Type: Joint Conference
  • Language: English

The ICC International Court of Arbitration, the Institute for Transnational Arbitration (ITA) and the Institute for Energy Law (ITL) are organizing a joint conference on International Energy Arbitration. The event will be held on 14-15 January 2016 in Houston, Texas. It is kindly supported by the Centre for Energy, Petroleum & Mineral Law & Policy, the Houston International Arbitration Club and the Kay Bailey Hutchison Center for Energy, Law & Business.

This joint event will be co-chaired by Mark Baker (Norton Rose Fulbright), Karl Hennessee (Halliburton) and Toni Hennike (Hess Corporation) and will cover the following:

  • 2015 Energy Arbitration Year in Review
  • Navigating the Changing Geopolitical Landscape
  • Energy Arbitrator Selection
  • Emergency Proceedings in O&G Disputes
  • Luncheon featuring Charles D. Davidson, Venture Partner, Quantum Energy Partners; former Chairman/CEO, Noble Energy, Inc.
  • Young Lawyers Roundtable

Who should attend

Arbitrators, legal practitioners, in-house counsel, and academics who would like to learn more about developments in international energy arbitration.

January 14

2:30 REGISTRATION

3:00 WELCOME

- Wendy F. Daboval, IEL Chair, Vice President and General Counsel, Land, Chevron North America Exploration and Production Company, Houston

- Rocío Digón, Managing Director and Counsel, ICC International Court of Arbitration, SICANA, Inc., New York

- Abby Cohen Smutny, ITA Chair, White & Case LLP, Washington D.C.

3:05 WELCOME TO THE ROUNDTABLE

Roundtable Co-Chairs:

- Robert Carlton, IEL YEP Representative, Haynes and Boone, LLP, Houston

- Teresa Garcia Reyes, ICC YAF Representative, Senior Counsel - Litigation, GE Oil & Gas, Houston

- Silvia Marchili, ITA YAI Vice Chair, King & Spalding LLP, Houston

3:10 ETHICS AND THE IBA GUIDELINES ON PARTY REPRESENTATION

In today's increasingly globalized legal market, attorneys from different corners of the world often have different interpretations of attorney conflict principles. The IBA recently revised its Guidelines on Party Representation in an attempt to remove uncertainty and standardize party representation rules in international arbitration. This session addresses questions including: What conflict issues may arise in the practice of international arbitration? How have practitioners responded to the IBA Guidelines since their adoption? Have they been a game-changer or a non-event? Have parties and attorneys been implementing their suggestions?

Moderator: Silvia Marchili, King & Spalding LLP, Houston

Panelists:

- Soledad G. O'Donnell, Mayer Brown LLP, Houston

- Ina C. Popova, Debevoise & Plimpton LLP, New York

- Eugene J. Silva II, Counsel, ExxonMobil Corporation, Houston

4:00 CYBERSECURITY AND DATA PRIVACY

This session analyzes the impact of recent breaches of cybersecurity and data privacy on the arbitration community. Who is most at risk of being faced with a security breach -- arbitrators, tribunals, law firms, or parties themselves? Are there lessons to be learned from the recent investment arbitration breaches that may be applied to commercial arbitration? How may such breaches be avoided in the future?

Moderator: Robert Carlton, Haynes and Boone, LLP, Houston

Panelists:

- Jonathan Fairtlough, Managing Director, Cyber Security and Investigations, Kroll, Los Angeles

- Melinda L. McLellan, BakerHostetler, New York

- Jennifer Permesly, Chaff etz Lindsey LLP, New York

5:00 WELCOME RECEPTION

7:00 ITA-IEL-ICC JOINT CONFERENCE RECEPTION AND DINNER

Optional for all Joint Conference registrants, faculty and members of the sponsoring organizations

January 15

7:45 YOUNG LAWYERS NETWORKING BREAKFAST

For members of the ITA Young Arbitrators Initiative (YAI), the IEL Young Energy Professionals (YEP), the ICC Young Arbitrators Forum (YAF) and other young lawyers interested in international energy arbitration.

8:00 REGISTRATION AND CONTINENTAL BREAKFAST

9:00 WELCOME BACK

Conference Co-Chairs:

- C. Mark Baker, Global Co-Head of International Arbitration, Norton Rose Fulbright US LLP, Houston

- Karl Hennessee, Vice President - Public Law and Technology, Halliburton, Houston

- Toni D. Hennike, Vice President Legal - Exploration, Development, Drilling & Services, Hess Corporation, Houston

9:05 KEYNOTE PRESENTATION: THE FUTURE OF INTERNATIONAL ENERGY - WEAVING THROUGH THE MAZE OF COMMERCIAL AND POLITICAL RISK

- Charles D. "Chuck" Davidson, Venture Partner, Quantum Energy Partners, Former Chairman and CEO, Noble Energy, Inc., Houston

9:30 NAVIGATING THE CHANGING GEOPOLITICAL LANDSCAPE DURING AN ENERGY DISPUTE - BALANCING THE POLITICAL AND ARBITRAL DEVELOPMENTS IN REGARD TO IRAN, IRAQ, RUSSIA, LIBYA, SYRIA AND ISDS ISSUES WITH FAILED OR FAILING STATES

This panel will address the geopolitical issues surrounding energy disputes in Iran, Iraq, Russia, Syria and Libya, and their implications for international arbitration. Are Iraq, Syria, and Libya failed states? If so, with whom does one negotiate? Do these states have BITs that can be accessed today? Is international arbitration a valid forum for resolving these disputes? The panel will address concrete problems and real examples. What are the implications for international arbitration of the sanctions regimes involving Iran and Russia? Is the situation progressing or regressing? The panel will discuss instances of political sanctions in international arbitration, including the Libyan Sun Oil case from the 1980s.

Moderator: R. Doak Bishop, King & Spalding LLP, Houston

Panelists:

- Suzana M. Blades, Managing Counsel of Arbitrations, ConocoPhillips, Houston

- James L. Loftis, Vinson & Elkins LLP, London

- Marc D. Veit, LALIVE, Zurich

10:20 BREAK

10:40 DOES YUKOS CHANGE THE PARADIGM OF INVESTMENT ARBITRATION?

Beyond the hyperbole, what do the Yukos Awards bring to the investment arbitration field? Is it a sui generis case decided on its (highly unusual) facts, or one that takes the treatment of the Energy Charter Treaty and the treatment of damages in a new direction? How politicized, if at all, may we consider the Tribunal's decisions? Does it matter, as is being alleged in the challenge pending before the Dutch Courts, that the Tribunal Secretary drafted the Award, rather than the Tribunal itself?

Moderator: Sophie Nappert, 3VB, London

Panelists:

- Professor Julián Cárdenas García, University of Houston, Houston

- Alexandra Dosman, Executive Director, New York International Arbitration Center, New York

- Roman Khodykin, Berwin Leighton Paisner LLP, London

11:25 2015 YEAR IN REVIEW: THE TOP 10 DEVELOPMENTS IN INTERNATIONAL ENERGY ARBITRATION

This presentation will consider both investor-state and contractual disputes in the energy sector. It will cast an eye over the wide range of matters that have come before arbitral tribunals in 2015, and will attempt to identify the ten special rulings and industry trends that will have the most important influence on energy arbitration in 2016 and beyond.

- Laurence Shore, Herbert Smith Freehills New York LLP, New York

12:00 LUNCHEON

A Conversation with:

-Gerald Aksen Arbitrator & Mediator, New York

-Andrea K. Bjorklund, L. Yves Fortier Chair in International Arbitration and International Commercial Law McGill University Faculty of Law, Montreal

1:45 ARBITRATION'S "USUAL SUSPECTS" - MYTH OR REALITY?

Is the stereotype of the same few arbitrators routinely receiving arbitrator appointments a reality or a misconception? Who will become tomorrow's leading arbitrators, and how are they being developed? Will a public forum for evaluating an arbitrator's performance help diversify choices and improve performance? Who is ultimately responsible for the quality of an appointed arbitrator?

Moderator: Karl Hennessee, Vice President - Public Law and Technology, Halliburton, Houston

Panelists:

- John Fellas, Hughes Hubbard & Reed LLP, New York

- Louis B. Kimmelman, Sidley Austin LLP, New York

- Michael L. Morkin, Baker & McKenzie LLP, Chicago

2:30 EMERGENCY ARBITRATOR PROCEEDINGS IN OIL & GAS DISPUTES

Since their appearance just a few years ago, emergency arbitrator provisions are now a mainstay of the leading arbitration rules worldwide. What utility can emergency arbitrators have in oil and gas cases? What standards and procedures govern the granting of emergency relief? Do courts enforce emergency arbitrator rulings? A panel of experienced practitioners and arbitrators will address these and other questions relating to emergency arbitration.

Moderator: Kevin O'Gorman, Norton Rose Fulbright US LLP, Houston

Panelists:

- Rocío Digón, Managing Director and Counsel, ICC International Court of Arbitration, SICANA, Inc., New York

- Mark W. Friedman, Debevoise & Plimpton LLP, New York

- Simon Greenberg, Cliff ord Chance, Paris

3:10 BREAK

3:30 DAMAGES AWARDS IN ENERGY DISPUTES

This panel will address the questions that often arise following the notification of an award on damages in investor-state arbitration. Specific topics to be considered include why tribunals may encounter difficulties in assessing damages, recent trends in damages awards in international arbitration and the investor's perspective on problematic damages awards.

Moderator: Toni D. Hennike, Vice President Legal - Exploration, Development, Drilling & Services, Hess Corporation, Houston

Panelists:

- Francisco Balduzzi, Senior Counsel - Latin America, Wood Group, Houston

- Andrew Flower, Global Head of Dispute Consulting, Deloitte LLP, Paris

- Prof. John Y. Gotanda, Villanova University School of Law, Villanova

4:15 ITA-IEL-ICC FORUM

The Forum is an open informal discussion providing the opportunity for arbitrators, arbitration counsel and in-house counsel to share experiences and raise concerns in transnational arbitration in an off -the-record unstructured dialogue 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.

Moderator: C. Mark Baker, Global Co-Head of International Arbitration, Norton Rose Fulbright US LLP, Houston

5:00 CLOSING REMARKS

Gerald Aksen , Arbitrator & Mediator, New York

C. Mark Baker , Global Co-Head of International Arbitration, Norton Rose Fulbright US LLP, Houston

Francisco Balduzzi , Senior Counsel - Latin America, Wood Group, Houston

Andrea K. Bjorklund , L. Yves Fortier Chair in International Arbitration and International Commercial Law McGill University Faculty of Law, Montreal

Suzana M. Blades , Managing Counsel of Arbitrations, ConocoPhillips, Houston

Professor Julián Cárdenas García , University of Houston, Houston

Robert Carlton , IEL YEP Representative, Haynes and Boone, LLP, Houston

Charles D. "Chuck" Davidson , Venture Partner, Quantum Energy Partners, Former Chairman and CEO, Noble Energy, Inc., Houston

Abby Cohen Smutny , ITA Chair, White & Case LLP, Washington D.C.

Wendy F. Daboval , IEL Chair, Vice President and General Counsel, Land, Chevron North America Exploration and Production Company, Houston

Rocío Digón , Managing Director and Counsel, ICC International Court of Arbitration, SICANA, Inc., New York

R. Doak Bishop , King & Spalding LLP, Houston

Alexandra Dosman , Executive Director, New York International Arbitration Center, New York

Jonathan Fairtlough , Managing Director, Cyber Security and Investigations, Kroll, Los Angeles

John Fellas , Hughes Hubbard & Reed LLP, New York

Andrew Flower , Global Head of Dispute Consulting, Deloitte LLP, Paris

Mark W. Friedman , Debevoise & Plimpton LLP, New York

Teresa Garcia Reyes , ICC YAF Representative, Senior Counsel - Litigation, GE Oil & Gas, Houston

Prof. John Y. Gotanda , Villanova University School of Law, Villanova.

Simon Greenberg , Cliff ord Chance, Paris

Karl Hennessee , Vice President - Public Law and Technology, Halliburton, Houston

Toni D. Hennike , Vice President Legal - Exploration, Development, Drilling & Services, Hess Corporation, Houston

Roman Khodykin , Berwin Leighton Paisner LLP, London

Louis B. Kimmelman , Sidley Austin LLP, New York

James L. Loftis , Vinson & Elkins LLP, London

Silvia Marchili , ITA YAI Vice Chair, King & Spalding LLP, Houston

Melinda L. McLellan , BakerHostetler, New York

Michael L. Morkin , Baker & McKenzie LLP, Chicago

Sophie Nappert , 3VB, London

Soledad G. O'Donnell , Mayer Brown LLP, Houston

Kevin O'Gorman , Norton Rose Fulbright US LLP, Houston

Jennifer Permesly , Chaff etz Lindsey LLP, New York

Ina C. Popova , Debevoise & Plimpton LLP, New York

Laurence Shore , Herbert Smith Freehills New York LLP, New York

Eugene J. Silva II , Counsel, ExxonMobil Corporation, Houston

Marc D. Veit , LALIVE, Zurich

Venue:

Omni Houston Hotel

Four Riverway, Houston, Texas

Registration:

Please note that the full programme will be available shortly. For more information on this event please contact: Alexandra Akerly at aay@iccwbo.org