A one and one-half day symposium exploring the practical differences in arbitral procedure across the globe, including the significance of local cultural issues. October 4 – 5, 2007 • The City Club, San Francisco, CA Topics will include: Day 1 • When is arbitration the right choice? • The case for and against institutionally administered arbitration • Cross-cultural factors impacting arbitral procedure viewed from Europe, Latin America, Asia and the United States • How do different aspects of local dispute resolution culture impact procedure? • Differences in the approach to initiating and subsequently setting out a party’s case • Dealing with documentary and witness evidence • Are concepts of “due process” universal? • Dealing with the “arbitration terrorist” Day 2 • Ethics in international arbitration • Protecting confidential information • Cost control techniques Panelists will include: • Corporate counsel from DuPont, Boston Scientific, Honeywell, URS and Clorox • Leading arbitrators and mediators from Europe, Latin America, the United States and Asia • Senior Representatives of the Court of Arbitration of the International Chamber of Commerce (ICC), the American Arbitration Association/International Centre for Dispute Resolution (AAA/ICDR) and the Hong Kong International Arbitration Centre (HKIAC) • PricewaterhouseCoopers — commissioners of a recent survey on corporate attitudes and practices in international arbitration Kirkpatrick & Lockhart Preston Gates Ellis LLP 1400 LAWYERS ON THREE CONTINENTS Managing Cross-Cultural Factors
Transcript
A one and one-half day symposium exploring the
practical differences in arbitral procedure across the
globe, including the signifi cance of local cultural issues.
October 4 – 5, 2007 • The City Club, San Francisco, CA
Topics will include:Day 1
• When is arbitration the right choice?
• The case for and against institutionally administered arbitration
• Cross-cultural factors impacting arbitral procedure viewed from Europe, Latin America, Asia and the United States • How do different aspects of local dispute resolution culture impact procedure? • Differences in the approach to initiating and subsequently setting out a party’s case • Dealing with documentary and witness evidence • Are concepts of “due process” universal?
• Dealing with the “arbitration terrorist”
Day 2
• Ethics in international arbitration
• Protecting confi dential information
• Cost control techniques
Panelists will include:• Corporate counsel from DuPont, Boston Scientifi c,
Honeywell, URS and Clorox
• Leading arbitrators and mediators from Europe, Latin America, the United States and Asia
• Senior Representatives of the Court of Arbitration of the International Chamber of Commerce (ICC), the American Arbitration Association/International Centre for Dispute Resolution (AAA/ICDR) and the Hong Kong International Arbitration Centre (HKIAC)
• PricewaterhouseCoopers — commissioners of a recent survey on corporate attitudes and practices in international arbitration
Kirkpatrick & Lockhart Preston Gates Ellis LLP
1400 LAW YERS ON THREE CONT INENTS
Managing Cross-Cultural Factors
Day 1Panel 1 – When is arbitration the right choice?
• A review of empirical data on corporate attitudes towards arbitration
• The in-house perspective
Panel 2 – The strengths and weaknesses of administered arbitration
• The case for ad hoc administration under the UNCITRAL Rules
• The material differences between administered arbitration under the rules of the ICC, AAA/ICDR and HKIAC
Panel 3 – Cross-cultural factors impacting arbitral procedure viewed from Europe, Latin America, Asia and the United States
Panel 3A – Initiating a claim and presenting your case
• When is it better to keep your cards close to your chest?
• Is it ever prudent to produce your evidence with your Request for Arbitration?
• Can the Tribunal be an agent for settlement?
Panel 3B – Dealing with documentary and witness evidence
• Do innovative document recovery and management techniques have a place in international arbitration?
• The special challenges of dealing with electronically stored information (ESI)
• Are the IBA rules of evidence helpful or not helpful?
• What is witness conferencing and when can it be useful?
• Are depositions ever a good idea?
Panel 3C – Is there a universal concept of “due process”?
• Should a party have the right to cross-examine?
• What constitutes bullying of a witness and when should a Tribunal intervene?
• Is a hearing always necessary?
• Can an arbitrator act as a mediator?
Panel 4 – Dealing with the “arbitration terrorist”
• What are the common techniques of the disruptive party?
• How should the Tribunal and the opposing party respond to a party that is intent on de-railing the arbitration?
• The importance of cultural awareness
Jack Boos – Partner in K&L Gates’ San Francisco offi ce, focusing on U.S. and international business litigation, arbitration and mediation and international claims. Jack has served extensively as both arbitrator and counsel.
David Burt – Corporate Counsel, DuPont, USA. David’s practice centers on litigation, international arbitration (in the U.S., Asia and Europe) and other forms of ADR.
Wing L. Cheung – Consultant to K&L Gates’ Hong Kong offi ce, focusing on arbitration and litigation and copyright piracy.
Jesse Franklin – Partner in K&L Gates’ Seattle offi ce, focusing his practice on construction law consulting and litigation, and general business litigation. He has developed and prepared project specifi c and master form contracts for hundreds of projects.
Julie Anne Halter – Partner in K&L Gates’ Seattle offi ce, focusing on general business litigation and the management of large, document-intensive cases, specifi cally those involving electronic discovery.
Nicolás Gamboa-Morales – Founding partner of the leading Colombian law fi rm Gamboa, Chalela, Gamboa & Useche in Bogotá, Colombia.
Michael S. Greco – Partner in K&L Gates’ Boston offi ce and the immediate past president of the 414,000 member American Bar Association, with extensive experience as trial counsel, arbitrator and mediator.
Philipp Habegger – Partner at Walder Wyss & Partners, Zurich, Switzerland.
James Hudson – Partner in K&L Gates’ London offi ce, focusing on construction and engineering related disputes. James is a TeCSA-accredited adjudicator and a CEDR-accredited mediator.
Mark Kantor – Leading arbitrator and instructor of International Arbitration and International Business Transactions at Georgetown University Law Center.
Panelists
Day 2Panel 5 – Ethics in international arbitration
• Is the party-appointed arbitrator “neutral” or “advocate”?
• The IBA guidelines on confl icts – duties to disclose/challenges
• The impact of the decision in Ovalar Makine Ticaret ve Sanayi v. Applied Industrial Materials Corporation
Panel 6 – Protecting confi dential information
• When and where are arbitral proceedings treated as confi dential?
• When are IP disputes arbitrable?
• Protecting confi dential information
Panel 7 – Substantive cost control techniques
• The lessons from the ICC report on “Controlling Costs and Reducing Delay”
• How far is the expanding scope of document production a contributory factor in escalating costs?
• The role played by overly aggressive counsel
• Can “risk sharing” under alternative fee structures provide a partial answer?
ScheduleDay 1
08:30 Registration (coffee/pastries)
09:00 Welcome - Ian Meredith
09:10 Panel 1 – When is arbitration the right choice?
10:00 Coffee
10:15 Panel 2 – The strengths and weaknesses of administered arbitration
11:15 Coffee
11:30 Panel 3A – Initiating a Claim
12:45 Lunch
2:00 Panel 3B – Dealing with documentary and witness evidence
3:15 Coffee
3:30 Panel 3C – Are concepts of “due process” universal?
4:15 Coffee
4:30 Panel 4 – Dealing with the “arbitration terrorist”
5:15 Closing Comments
5:25 Close
5:30 Champagne Reception
Day 2
8:40 Registration (coffee/pastries)
9:00 Welcome - Ian Meredith
9:10 Panel 5 – Ethics in International Arbitration
10:15 Coffee
10:30 Panel 6 – Protecting confi dential information
11:30 Coffee
11:45 Panel 7 – Cost control techniques
12:45 Lunch
2:00 Close
Donald J. Kintzer – Partner in the forensic services team of PricewaterhouseCoopers LLP (San Francisco), commissioners of a recent survey on corporate attitudes and practices regarding international arbitration.
Ian Meredith – Partner in K&L Gates’ London offi ce and the fi rm’s Arbitration Group. Ian is a fellow of the Chartered Institute of Arbitrators and a CEDR-accredited mediator.
Joe Moore – Legal department at URS Corporation.
Richard Naimark – Senior Vice President of the International Centre for Dispute Resolution, a division of the American Arbitration Association.
Richard Paciaroni – Partner in K&L Gates’ Pittsburgh offi ce, focusing on construction litigation and arbitration.
Brian Rudick – Senior Contracts Manager, U.S., UOP LLC, A Honeywell Company. Brian’s current practice focuses on drafting and negotiating complex commercial agreements and previously was responsible for managing UOP’s global litigation and arbitration docket.
Paul Sandman – Executive Vice President, Secretary and General Counsel at Boston Scientifi c Corporation. He is responsible for worldwide management of the company’s legal functions.
Laura Stein – Senior Vice President/General Counsel, The Clorox Company.
Nancy Thevanin – Deputy Director of the International Chamber of Commerce in North America.
Christopher To – Secretary-General, Hong Kong International Arbitration Centre.
Timothy Walker – Partner in K&L Gates’ San Francisco offi ce, focusing on patent and trade secret litigation.
K&L Gates comprises approximately 1,400 lawyers in 22 offi ces located in North America, Europe and Asia, and represents capital markets participants, entrepreneurs, growth and middle market companies, leading FORTUNE 100 and FTSE 100 global corporations and public sector entities. For more information, please visit www.klgates.com.
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RegistrationPlease indicate if you wish to join in person or via webcast by sending an e-mail [email protected] or by telephoning Kathy Schwarz at 206.370.5858.
Alternatively you can register online by visiting www.klgates.com/events.
CLE credits pending.
WebcastWith access to an Internet-enabled computer and telephone line you will be able to join any of our sessions in real time. You can listen to the panel members as they give their presentations, follow their Powerpoint slides on screen and e-mail questions or comments to put to the speakers. You will have online access to our delegate pack, enabling you to download notes or contact details that are of particular interest to you or your business.
