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Presented by
The Permanent Court of Arbitration
The Houston International Arbitration Club, Inc.
The University of Texas School of Law

Sponsors
Clifford Chance
ExxonMobil Corporation
Fulbright & Jaworski L.L.P.
King & Spalding LLP
LECG
Mayer Brown LLP
Vinson & Elkins LLP
Weil, Gotshal & Manges LLP

Media Partners
Oil, Gas & Energy Law Intelligence (OGEL)
Transnational Dispute Management (TDM)
Conference art
Artwork Details

2008

Remedies in Commercial, Investment, and Energy Arbitrations

Houston Apr 16*, 17-18, 2008 St. Regis Hotel
*optional Wed Evening session
Conference Concluded
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Overview

What can the arbitrator do in fashioning remedies in commercial, investment and energy arbitrations? This program — jointly sponsored by the Permanent Court of Arbitration (PCA), the Houston International Arbitration Club (HIAC), and The University of Texas School of Law — brings together an internationally-renowned faculty from Europe, Latin America, Canada and the U.S., in a special conference focused on the law, economics, advocacy and enforcement of remedies in commercial and investment cases. The conference blends analysis with practical application of economic and legal principles to solve real problems facing the international energy and construction sectors. The conference ends with a distinguished General Counsel’s panel, including counsel from Exxon Mobil, ConocoPhillips, Baker Hughes, and Grupo ICA. Don’t miss this unique and valuable program!

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Event Schedule

Program is subject to change.
All times are Central Time Zone.

  • Day 1 April 16, 2008
  • Day 2 April 17, 2008
  • Day 3 April 18, 2008
  • Time
    Credit
    Subject
    Speaker
  • Wednesday Afternoon, Apr. 16, 2008
  • 5:30 pm
    1.00 hr
    Opening Cocktail Reception
    St. Regis Hotel-The Plaza

    Hosted by LECG and the Houston International Arbitration Club

     

  • Time
    Credit
    Subject
    Speaker
  • Thursday Morning, Apr. 17, 2008
    Presiding Officer:
    Paul W. Wright, ExxonMobil Corporation - Houston, TX
  • 8:00 am
    Registration Opens
    Includes continental breakfast.

  • 8:50 am
    Welcoming Remarks

  • 9:00 am
    1.50 hrs
    Remedies: Principles and Practice in International Arbitration
    What discretion do arbitrators find they have within the bounds of the applicable law? How do arbitrators decide remedies issues? What gets balanced? What are problematic issues for arbitrators, and for advocates? What flexibility do arbitrators have in making awards?

    Moderator:
    Gerald Aksen, Thelen Reid Brown Raysman & Steiner LLP - New York, NY
    Guillermo Aguilar-Alvarez, Weil, Gotshal & Manges LLP - New York, NY
    Jan Paulsson, Freshfields Bruckhaus Deringer - Paris, France

  • 10:30 am
    Break

  • 10:45 am
    1.75 hrs
    Part I: Economic Principles of Damages
    A panel of leading economic and valuation experts discuss key conceptual and empirical issues in the construction and calculation of damages and restitution, including common mistakes, pitfalls, and best practices.

    Moderator:
    Timothy J. Tyler, Vinson & Elkins L.L.P. - Houston, TX
    Scott T. Jones, FTI Consulting, Inc. - Cambridge, MA
    Brent C. Kaczmarek, Navigant Consulting, Inc. - Washington, DC
    Stewart C. Myers, MIT Sloan Management - Cambridge, MA
    Pablo T. Spiller, LECG, LLC - Emeryville, CA

  • Thursday Afternoon, Apr. 17, 2008
  • 12:30 pm
    Lunch

  • 1:00 pm
    0.67 hr
    Luncheon Presentation: The New Dawn: New Wine in New Bottles
    Addressing new solutions and new opportunities for investment arbitration.

    Jan Paulsson, Freshfields Bruckhaus Deringer - Paris, France

  • 1:45 pm
    1.25 hrs
    Part II: Expropriation Damages and Methodologies, Fair Market Value and Discrete Damage Problems
    A discussion of general principles, methodologies, and special problems in conceptualizing, analyzing, and determining compensation and damages in international arbitration.

    Moderator:
    Craig S. Miles, King & Spalding LLP - Houston, TX
    Charles A. Beach, Exxon Mobil Corporation - Irving, TX
    Irmgard Marboe, University of Vienna - Vienna
    Andrea Menaker, White & Case LLP - Washington, DC

  • 3:00 pm
    Break

  • 3:15 pm
    1.50 hrs
    Part III: Unpacking Lost Profits
    This panel will discuss issues affecting the award of the net present value of lost revenues in commercial and investor-state arbitrations from the perspectives of claimants and respondents, including questions such as the conditions for the award of lost revenues; purposes of awarding lost revenues and implications for their calculation; the nature or risks relevant to value based on projections of future revenues; obligation to mitigate; treatment of individual losses in the context of general crises; avoiding double counting; and the potential for moral hazard resulting from excessive or inadequate compensation.

    Moderator:
    William H. Knull III, Mayer Brown LLP - Houston, TX
    Ignacio Gomez-Palacio, Gomez-Palacio y Asociados - 11930 Mexico, DF
    Edward G. Kehoe, King & Spalding - New York, NY
    Louis T. Wells, Harvard Business School - Boston, MA

  • 4:45 pm
    1.00 hr
    Declaratory Relief and Injunctions
    To what extent is declaratory relief available in investor-state arbitrations, what effect can it have, and how would it be enforced? What are the prudential considerations a tribunal considers in deciding to enjoin national court proceedings? What is the role of comity in deciding these questions and how should panels with different mandates make way for each other?

    Moderator:
    Alan S. Rau, The University of Texas School of Law - Austin, TX
    David R. Haigh Q.C., Burnet, Duckworth & Palmer LLP - Calgary, AB
    Loukas Mistelis, Centre for Commercial Law Studies, Queen Mary, University of London - London, United Kingdom
    Francisco Orrego Vicuna, 20 Essex St. Barristers - London , United Kingdom

  • 5:45 pm
    Adjourn to Reception

  • Time
    Credit
    Subject
    Speaker
  • Friday Morning, Apr. 18, 2008
    Presiding Officer:
    R. Doak Bishop, King & Spalding LLP - Houston, TX
  • 8:30 am
    1.00 hr
    Interest, Currency and Tax Issues
    Interest in investor-state arbitration. What trend is detectable from current cases on prejudgment interest? How do taxation principles figure in the law and amounts of awards? At what time and what rate should currencies be converted, or should that matter be left to enforcing courts?

    Moderator:
    Tomasz J. Sikora, El Paso Corporation - Houston, TX
    John Gotanda, Villanova University - Villanova, PA
    Thierry Senechal, Banking Commission, International Chamber of Commerce (ICC) - Paris, France
    Richard E. "Rory" Walck, Global Financial Analytics, LLC - Washington, DC

  • 9:30 am
    0.75 hr
    Attorney Fees and Costs
    This session addresses the latest developments with attorney fees and costs in international arbitrations. Are contingency fees available in international arbitration and what is the likelihood of a tribunal awarding them?

    Moderator:
    C. Mark Baker, Fulbright & Jaworski, L.L.P. - Houston, TX
    William W. Russell, Schirrmeister Diaz-Arrastia Brem - Houston, TX
    Audley Sheppard, Clifford Chance - London, United Kingdom

  • 10:15 am
    Break

  • 10:30 am
    1.00 hr
    Enforcement Options Against Sovereigns
    In investor state arbitration, what practical recourse is available under the ICSID Convention if a state party refuses to pay an award? Enforcement options in US courts. Availability of post award execution and discovery under 28 USC § 1782.

    Alexander B. Blumrosen, Bernard-Hertz-Béjot - Paris, France
    James L. Loftis, Vinson & Elkins L.L.P. - Houston, TX
    Kevin M. O'Gorman, Fulbright & Jaworski L.L.P. - Houston, TX

  • 11:30 am
    1.00 hr
    Non-Expropriation Damages in Investment Cases
    Treaty claims and the methodologies used in calculating damages in these claims will be explored in this segment.

    Moderator:
    R. Doak Bishop, King & Spalding LLP - Houston, TX
    Stephen Jagusch, Allen & Overy LLP - London, United Kingdom
    Pierre-Yves Tschanz, Tavernier Tschanz - Geneve, Switzerland

  • Friday Afternoon, Apr. 18, 2008
  • 12:30 pm
    Lunch

  • 1:00 pm
    0.50 hr
    Luncheon Presentation: International Energy Disputes: Past, Present and Future
    The dynamic interaction between the transformation of an industry and the resolution of its disputes.

    Ewell E. Murphy Jr., Attorney at Law - Houston, TX

  • 1:45 pm
    2.00 hrs
    General Counsel Panel Discussion
    General Counsel from leading international energy industry companies will review and analyze remedies and their relative importance in the context of international commercial and investor-state arbitrations, as well as how counsel develop damage models and view the ability to collect under various arbitration regimes.

    Moderator:
    Alan R. Crain Jr., Baker Hughes, Inc. - Houston, TX
    Theodore M. Frois, ExxonMobil Corporation - Houston, TX
    Kristin Furnish, Grupo ICA - Mexico City, DF
    Clyde W. Lea, ConocoPhillips - Houston, TX

  • 3:45 pm
    Adjourn

  • Day 1 April 16, 2008
  • Day 2 April 17, 2008
  • Day 3 April 18, 2008
Download Schedule

Conference Faculty

Guillermo Aguilar-Alvarez

Weil, Gotshal & Manges LLP
New York, NY

Gerald Aksen

Thelen Reid Brown Raysman & Steiner LLP
New York, NY

C. Mark Baker

Fulbright & Jaworski, L.L.P.
Houston, TX

Charles A. Beach

Exxon Mobil Corporation
Irving, TX

R. Doak Bishop

King & Spalding LLP
Houston, TX

Alexander B. Blumrosen

Bernard-Hertz-Béjot
Paris, France

Alan R. Crain Jr.

Baker Hughes, Inc.
Houston, TX

Theodore M. Frois

ExxonMobil Corporation
Houston, TX

Kristin Furnish

Grupo ICA
Mexico City, DF

Ignacio Gomez-Palacio

Gomez-Palacio y Asociados
11930 Mexico, DF

John Gotanda

Villanova University
Villanova, PA

David R. Haigh Q.C.

Burnet, Duckworth & Palmer LLP
Calgary, AB

Stephen Jagusch

Allen & Overy LLP
London, United Kingdom

Scott T. Jones

FTI Consulting, Inc.
Cambridge, MA

Brent C. Kaczmarek

Navigant Consulting, Inc.
Washington, DC

Edward G. Kehoe

King & Spalding
New York, NY

William H. Knull III

Mayer Brown LLP
Houston, TX

Clyde W. Lea

ConocoPhillips
Houston, TX

James L. Loftis

Vinson & Elkins L.L.P.
Houston, TX

Irmgard Marboe

University of Vienna
Vienna

Andrea Menaker

White & Case LLP
Washington, DC

Craig S. Miles

King & Spalding LLP
Houston, TX

Loukas Mistelis

Centre for Commercial Law Studies, Queen Mary, University of London
London, United Kingdom

Ewell E. Murphy Jr.

Attorney at Law
Houston, TX

Stewart C. Myers

MIT Sloan Management
Cambridge, MA

Kevin M. O'Gorman

Fulbright & Jaworski L.L.P.
Houston, TX

Francisco Orrego Vicuna

20 Essex St. Barristers
London , United Kingdom

Jan Paulsson

Freshfields Bruckhaus Deringer
Paris, France

Alan S. Rau

The University of Texas School of Law
Austin, TX

William W. Russell

Schirrmeister Diaz-Arrastia Brem
Houston, TX

Thierry Senechal

Banking Commission, International Chamber of Commerce (ICC)
Paris, France

Audley Sheppard

Clifford Chance
London, United Kingdom

Tomasz J. Sikora

El Paso Corporation
Houston, TX

Pablo T. Spiller

LECG, LLC
Emeryville, CA

Pierre-Yves Tschanz

Tavernier Tschanz
Geneve, Switzerland

Timothy J. Tyler

Vinson & Elkins L.L.P.
Houston, TX

Richard E. "Rory" Walck

Global Financial Analytics, LLC
Washington, DC

Louis T. Wells

Harvard Business School
Boston, MA

Planning Committee

John P. Bowman

King & Spalding LLP
Houston, TX

Alan R. Crain Jr.

Baker Hughes, Inc.
Houston, TX

Brooks Daly

Permanent Court of Arbitration
The Hague, Netherlands

John S. Dzienkowski

UT School of Law
Austin, TX

James L. Loftis

Vinson & Elkins L.L.P.
Houston, TX

Belinda Macmahon

Permanent Court of Arbitration
The Hague, Netherlands

Ewell E. Murphy Jr.

Attorney at Law
Houston, TX

Kevin M. O'Gorman

Fulbright & Jaworski L.L.P.
Houston, TX

Alan S. Rau

The University of Texas School of Law
Austin, TX

Benjamin H. Sheppard Jr.

University Of Houston Law Center
Houston, TX

Tomasz J. Sikora

El Paso Corporation
Houston, TX

Timothy J. Tyler

Vinson & Elkins L.L.P.
Houston, TX

Credit Info

  • Houston
MCLE Credit
Toggle view Texas – 14.00 hrs
You may claim your credit online in Your Briefcase, and UT Law CLE will report credit on your behalf to the State Bar of Texas. A Certificate of Attendance will be provided in Your Briefcase for your records. The system reports Texas CLE credit every Tuesday. If you are claiming credit in the last week of your birth month, self-report your CLE credit directly to the State Bar of Texas at texasbar.com, using the course number  provided on your certificate of attendance.
Toggle view California – 14.00 hrs
You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. UT Law CLE is required to provide the State Bar with electronic attendance records for any MCLE participatory activity within 60 days of completion of the activity. The California licensee is responsible for reporting their compliance/credit hours earned to the State Bar at the end of their reporting period directly to the State Bar of California at calbar.ca.gov.  UT Law CLE will maintain Attendance Records for four years.  
Toggle view Illinois – 0.00 hr
Within 10 days of the conference you must claim and certify your credit online in Your Briefcase, then you will be provided a Certificate of Attendance for your records. UT Law CLE will verify the number of Illinois attorneys in attendance within 10 days after the conference and will report your credit to the MCLE Board of the Supreme Court of Illinois. Failure to submit your credit within 10 days may result in attendance not being reported or may result in additional fees being assessed to you for credit reporting. UT Law CLE will maintain Attendance Records for four years.
Toggle view New York – 16.75 hrs
As The University of Texas School of Law is a Oklahoma Bar Association presumptively approved MCLE provider (#169), and Oklahoma is a New York Approved Jurisdiction on List A, our courses are approved for MCLE credit based on a 50-minute credit hour, and in accordance with the Program Rules and the Regulations and Guidelines of the New York State Continuing Legal Education Board. More information and details can be found at Section 6 of the Regulations and Guidelines (PDF).

 You must claim and certify your credit online in your UTCLE "Briefcase", and will then be provided a Certificate of Attendance for your records. Self-report your CLE credit directly to the New York State Bar Association. UT Law CLE will maintain Attendance Records for four years.  
Other Credit
Toggle view TX Accounting CPE – 16.75 hrs
The University of Texas School of Law (Provider #250) live conferences are presumptively approved by The Texas State Board of Public Accountancy for Texas Accounting CPE credit based on a 50-minute credit hour. Approved for general CPE credit only.

At the conference, you are welcome to sign in on the Accounting CPE Record of Attendance form at the registration desk, but we are now reporting all credit online. You will receive a Texas Accounting Certificate of Completion in Your Briefcase. Self-report your CPE credit directly to TSBPA. UT Law CLE will maintain Attendance Records for four years.  

Contact us at accreditation@utcle.org if you have additional questions.

Key Dates

Houston – Apr 16*, 17-18, 2008 – St. Regis Hotel
*optional Wed Evening session
Conference Concluded
Buy
  • Houston
Standard Registration
Last day for $595.00 Regular pricing: Apr 9, 2008

$645.00 for registrations received after this time

Last day for cancellation (full refund): Apr 11, 2008

$50 processing fee applied after this date

Last day for cancellation: Apr 14, 2008

Venue

speaker

St. Regis Hotel

1919 Briar Oaks Ln
Houston, TX
(713) 840-7600 (reservations)

Accommodations

$235.00 good through Mar 21, 2008

Parking Information

Valet Only, $12 day, $25 overnight

Our Sponsors

Thank you to our sponsors! Click each logo below to learn more.

  • Clifford Chance

    Clifford Chance

  • Exxon Mobil Corporation

    Exxon Mobil Corporation
    ExxonMobil is the world's largest publicly traded international oil and gas company, with an industry-leading inventory of global oil and gas resources. ExxonMobil is the world's largest refiner and marketer of petroleum products. And their chemical company ranks among the world's largest. But ExxonMobil is also a technology company, applying science and innovation to find better, safer and cleaner ways to deliver the energy the world needs. www.exxonmobil.com www.exxonmobil.com/corporate/
  • Fulbright & Jaworski L.L.P. logo
    Fulbright & Jaworski L.L.P.
    The Fulbright Arbitration and ADR group is widely recognized as one of the world's leading international arbitration practices. With strategic locations in the United States, Europe, Asia and the Middle East, Fulbright is positioned to handle international arbitration disputes wherever they may arise. A record of obtaining successful outcomes in major arbitrations involving a variety of governing laws, jurisdictions and arbitral rules has lead Fulbright to be selected as a leading law firm in the field of international arbitration by the 2008 Chambers Global Guide and one of the top ten arbitration firms worldwide based on total number of arbitrations by the 2007 ALM Focus Europe. Fulbright was the recipient of LatinLawyer Magazine's Deal of the Year: Disputes Category for 2007. The firm's multi-national team of arbitration lawyers is fluent in more than a dozen languages and is experienced in appearing as advocates before arbitrators from a wide range of cultural backgrounds under the rules of all of the major international arbitration institutions. Clients around the world have called on us for some of the most politically charged and high-stakes disputes of recent years, in the public and private sectors. www.fulbright.com www.fulbright.com/

  • King & Spalding

    King & Spalding

  • Lecg

    Lecg
  • Mayer Brown Llp logo
    Mayer Brown Llp
    Mayer Brown is a leading global law firm with 21 offices in key business centers across the Americas, Asia and Europe. The firm's Asia presence is enhanced by its combination with JSM (formerly known as Johnson Stokes & Master), a leading Asia law firm. Mayer Brown delivers timely, innovative and practical solutions to transactional, dispute resolution and regulatory challenges. The firm's International Arbitration practice represents corporate and governmental entities before the world's leading arbitration institutions and advises clients on how to reduce risk when entering into cross-border transactions and investments. The practice is known for its intellectual depth and industry insight, applied to the unique needs of each client. www.mayerbrown.com www.mayerbrown.com/

  • Vinson & Elkins LLP

    Vinson & Elkins LLP
    www.velaw.com/

  • Weil Gotshal & Manges

    Weil Gotshal & Manges
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