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4^th Annual

Arbitration and National Courts: Conflict and Cooperation

Houston May 13-14, 2010 Four Seasons Hotel
Conference Concluded

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Overview

This program blends cutting-edge analysis, including comprehensive and detailed papers, with practical perspectives from practitioners and general counsel from major energy companies on the role of arbitrators and the courts.

The 2010 program features an internationally-renowned faculty including keynote speakers Lord Leonard H. Hoffmann of Chadwick, Retired Law Lord, Brick Court Chambers, London, U.K, and Mariano Gomezperalta Casali, General Counsel for Trade Negotiations, Ministry of the Economy, Mexico City, Mexico.

Select papers and conference proceedings will be published in The American Review of International Arbitration, a quarterly law review by the Parker School of Foreign and Comparative Law at Columbia University.

Event Schedule

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

Day 1 May 13, 2010
Day 2 May 14, 2010

Time

Credit

Subject

Speaker
Thursday Morning, May 13, 2010
Presiding Officer:
Jason E. Doughty, ConocoPhillips - New York, NY
8:00 am

Registration Opens

Includes continental breakfast.
9:05 am

Welcoming Remarks
9:15 am

0.75 hr

An Introduction to Arbitral Jurisdiction: Who Decides?

"Everything interesting happens at the borders between domains of power." What are the relative responsibilities of courts and arbitrators in setting the process in motion, and in allocating arbitral jurisdiction? How should power be allocated among different legal systems—for example, between the state where an arbitration has its "seat," and other jurisdictions where an award may be brought for purposes of enforcement? How should we resolve the tension between the parties' choice of a place for the arbitration, and the possible concerns of other states for the interests of their own nationals? These questions are critical to the international arbitration system, and provide an introduction to many of the themes to be touched on throughout the symposium.

Commentator:
Alan S. Rau, The University of Texas School of Law - Austin, TX
W. Michael Reisman, Yale Law School - New Haven, CT
10:00 am

Break
10:15 am

1.75 hrs

Injunctions in Favor of and Against Arbitration

The traditional function of courts in assisting local arbitrations, by enjoining parallel litigation elsewhere, has increasingly, in recent years, been accompanied by the reverse phenomenon: where courts seek to intervene on behalf of a local party who claims that he never agreed, or was not really a party to, any binding obligation to arbitrate at all. Both forms of injunctive relief have been particularly controversial within the EU—where they seem to collide with Community Law, and developments are ongoing—but the matter will assume increasing importance in other states as well.

Moderator:
James L. Loftis, Vinson & Elkins RLLP - London, United Kingdom
Panelists:
Brooks Daly, Permanent Court of Arbitration - The Hague, Netherlands
Panelists:
Hon. Dominique T. Hascher, Cour d'Appel, France - Paris, France
Panelists:
Gabrielle Kaufmann-Kohler, Lévy Kaufmann-Kohler - Geneva , Switzerland
Panelists:
Loukas Mistelis, Centre for Commercial Law Studies, Queen Mary, University of London - London, United Kingdom
12:00 pm

0.25 hr

Enabling the Proceeding?: Court-Assisted Evidence Gathering

What role do (and should) courts play in the gathering of evidence for arbitration cases? Parties in arbitration increasingly cite 28 U.S.C. Section 1782 to seek court-ordered document production and depositions in support of international arbitration cases. A discussion of this trend and the role of arbitrators in the process.

Kevin M. O'Gorman, Fulbright & Jaworski L.L.P. - Houston, TX
12:15 pm

0.25 hr

Arbitral Subpoenas

An update on the authority of arbitrators to subpoena witnesses and a discussion of the timing, scope, and judicial enforcement of arbitral subpoenas in the United States, including subpoenas directed to third parties for pre-hearing testimony or document production.

Ben H. Sheppard Jr., University of Houston Law Center - Houston, TX
Thursday Afternoon, May 13, 2010
Presiding Officer:
Jennifer Smith, Baker Botts L.L.P. - Houston, TX
KEYNOTE LUNCHEON PRESENTATION FEATURING LORD HOFFMAN
12:30 pm

Break for Lunch

Included in conference registration.
1:00 pm

0.75 hr

Arbitrators and the Courts

How do arbitrators and the courts act so as to minimize mutual rubbing/conflict between the dual jurisdictions? What are the differences in decision-making techniques? In opinion-writing techniques? In their respective attitudes towards the formal/official body of "law" promulgated by public authorities? What about conflicts between national judiciaries? Who has primary responsibility for supervising/monitoring the arbitral process? Where does England go after West Tankers?

Leonard H. Hoffmann, Brick Court Chambers - London, United Kingdom
2:00 pm

Break
Enforcing and Reviewing Awards
2:15 pm

1.50 hrs

The Second Look Doctrine: Twenty-Five plus Years after Mitsubishi

Having permitted the arbitration to go forward, what opportunity do the national courts have at the award-enforcement stage to ensure that important public policies (i.e., antitrust, competition, securities) have been properly addressed? The panel addresses the Second Look Doctrine described in Mitsubishi, its evolvement in the following years, and the similar doctrine in European countries.

Moderator:
Michael S. Goldberg, Baker Botts, LLP - Houston, TX
Panelists:
David D. Caron, University of California, Berkeley - Boalt Hall School of Law - Berkeley, CA
Panelists:
Pierre Mayer, Dechert LLP - Paris, France
3:45 pm

Break
4:00 pm

1.50 hrs

Argentine Impasse: Enforcing Awards against State Parties

Implications for the future of investor/state arbitration if awards are not promptly paid by the state party: an examination of state immunity and pre-award sheltering of assets and the long term implications. This panel addresses state immunity laws in U.S. and European jurisdictions, as well as applicable conventions; suggests possible solutions to maximize an investor's ability to collect a damages award; explores the implications for the future of investor/state arbitrations when damages awards are a fraction of the amount claimed; and reviews the arguably conflicting policy considerations underpinnning state immunity and the substantive and procedural rights granted to investors by investment treaties, with enforcement of awards against Argentina and Russia as examples of that clash.

Moderator:
Tomasz J. Sikora, El Paso Corporation - Houston, TX
Panelists:
Andrea K. Bjorklund, UC Davis School of Law - Davis, CA
Panelists:
Toni D. Hennike, Exxon Mobil Corporation - Houston, TX
Panelists:
John M. Minor, Alliant Emerging Markets - Chicago, IL
5:30 pm

Adjourn to Reception

Time

Credit

Subject

Speaker
Friday Morning, May 14, 2010
Presiding Officer:
Timothy J. Tyler, Vinson & Elkins L.L.P. - Houston, TX
8:30 am

Conference Room Opens

Includes continental breakfast.
9:15 am

1.75 hrs

Arbitrators and the Role of Law

An examination of the different perspectives from which arbitrators and national courts approach legal issues, including the same legal issue that may be presented at different times to an arbitral tribunal and a national court over the life of the dispute.

Moderator:
C. Mark Baker, Fulbright & Jaworski L.L.P. - Houston, TX
Panelists:
John Bowman, King & Spalding LLP - Houston, TX
Panelists:
W. Laurence Craig, Orrick - Paris, France
Panelists:
Anthony Evans, Dubai International Financial Centre Courts, and Arbitrator - London, United Kingdom
11:00 am

Break
11:20 am

1.00 hr

Escaping National Court Review: ICSID Annulment

This panel highlights issues that have arisen in the context of two different scenarios for challenging international arbitration awards. The first scenario concerns the challenge before national courts (at the seat, or legal place, of arbitration) of arbitration awards that decide claims under treaties for the protection of investments. The second scenario concerns applications for the annulment of awards under the provisions of the ICSID Convention (decided by an ad hoc Committee appointed in accordance with the Convention).

R. Doak Bishop, King & Spalding LLP - Houston, TX
Alejandro A. Escobar, Baker Botts (UK) LLP - London, United Kingdom
Friday Afternoon, May 14, 2010
Presiding Officer:
Alan R. Crain, Baker Hughes Incorporated - Houston, TX
KEYNOTE LUNCHEON
12:20 pm

Lunch

Included in conference registration.
12:50 pm

0.67 hr

Representation of State Parties in Investment Arbitration

Investor-state arbitration rules under most modern Bilateral Investment Treaties and Investment Chapters in Free Trade Agreements provide investors with a right to bring an international claim against the state which allegedly breached an investment obligation under the treaty without having to convince its own state to make a claim on its behalf. Governments have used this private right of action as an important element of their foreign investment promotion strategies. Such right, however, has also carried significant financial and even political risks to sovereigns as investor-state arbitration rules not only provide private parties with a right of direct access to international arbitration but also empower arbitral tribunals to award monetary damages in favor of such parties (who are typically one-time users of the arbitration system). The foregoing elements have given rise to an interesting interaction among states (which, as “repeated players”, seek to mitigate the risks of arbitration) as well as highly divergent positions between sovereigns and investors when they appear before arbitral tribunals.

Mariano Gomezperalta Casali, Robert Wray PLLC - Mexico City, DF
1:30 pm

Break
1:40 pm

1.33 hrs

General Counsels' Forum

Our distinguished panel of corporate counsel will provide the client perspective on critical issues that impact the fundamental decision regarding whether to arbitrate or not and the potential viability of international arbitration in the future. Arbitration is a creature of contract, and our panel provides insight into how companies determine whether arbitration will be selected as the dispute resolution mechanism and the critical questions that are faced by these users of international arbitration.

Moderator:
Alan R. Crain, Baker Hughes Incorporated - Houston, TX
Panelists:
Robert W. Baker, El Paso Corporation - Houston, TX
Panelists:
Jason E. Doughty, ConocoPhillips - New York, NY
Panelists:
David A. Isenegger, Shell U.K. Limited - Aberdeen, United Kingdom
Panelists:
Mark E. Lowes, KBR, Inc. - Houston, TX
3:00 pm

Adjourn

Day 1 May 13, 2010
Day 2 May 14, 2010

Download Schedule

Conference Faculty

C. Mark Baker

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

Robert W. Baker

El Paso Corporation
Houston, TX

R. Doak Bishop

King & Spalding LLP
Houston, TX

Andrea K. Bjorklund

UC Davis School of Law
Davis, CA

John Bowman

King & Spalding LLP
Houston, TX

David D. Caron

University of California, Berkeley - Boalt Hall School of Law
Berkeley, CA

W. Laurence Craig

Orrick
Paris, France

Alan R. Crain

Baker Hughes Incorporated
Houston, TX

Brooks Daly

Permanent Court of Arbitration
The Hague, Netherlands

Jason E. Doughty

ConocoPhillips
New York, NY

Alejandro A. Escobar

Baker Botts (UK) LLP
London, United Kingdom

Anthony Evans

Dubai International Financial Centre Courts, and Arbitrator
London, United Kingdom

Michael S. Goldberg

Baker Botts, LLP
Houston, TX

Mariano Gomezperalta Casali

Robert Wray PLLC
Mexico City, DF

Hon. Dominique T. Hascher

Cour d'Appel, France
Paris, France

Toni D. Hennike

Exxon Mobil Corporation
Houston, TX

Leonard H. Hoffmann

Brick Court Chambers
London, United Kingdom

David A. Isenegger

Shell U.K. Limited
Aberdeen, United Kingdom

Gabrielle Kaufmann-Kohler

Lévy Kaufmann-Kohler
Geneva , Switzerland

James L. Loftis

Vinson & Elkins RLLP
London, United Kingdom

Mark E. Lowes

KBR, Inc.
Houston, TX

Pierre Mayer

Dechert LLP
Paris, France

John M. Minor

Alliant Emerging Markets
Chicago, IL

Loukas Mistelis

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

Kevin M. O'Gorman

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

Alan S. Rau

The University of Texas School of Law
Austin, TX

W. Michael Reisman

Yale Law School
New Haven, CT

Ben H. Sheppard Jr.

University of Houston Law Center
Houston, TX

Tomasz J. Sikora

El Paso Corporation
Houston, TX

Planning Committee

R. Doak Bishop

King & Spalding LLP
Houston, TX

John Bowman

King & Spalding LLP
Houston, TX

Alan R. Crain

Baker Hughes Incorporated
Houston, TX

Brooks Daly

Permanent Court of Arbitration
The Hague, Netherlands

Jason E. Doughty

ConocoPhillips
New York, NY

Michael J. Esposito

The University of Texas School of Law
Austin, TX

Theodore M. Frois

Exxon Mobil Corporation (retired)
Houston, TX

Michael S. Goldberg

Baker Botts, LLP
Houston, TX

William H. Knull III

Mayer Brown LLP
Houston, TX

James L. Loftis

Vinson & Elkins RLLP
London, United Kingdom

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

Ben H. Sheppard Jr.

University of Houston Law Center
Houston, TX

Tomasz J. Sikora

El Paso Corporation
Houston, TX

Jennifer Smith

Baker Botts L.L.P.
Houston, TX

Timothy J. Tyler

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

Paul W. Wright

Exxon Mobil Corporation -- Retired
Houston, TX

Credit Info

Houston

MCLE Credit

Texas – 11.50 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.

California – 11.50 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.

Other Credit

TX Accounting CPE – 13.00 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 – May 13-14, 2010 – Four Seasons Hotel

Conference Concluded

Buy

Houston

Standard Registration
Last day for $595.00 Regular pricing: May 7, 2010

$645.00 for registrations received after this time

Last day for cancellation (full refund): May 7, 2010

$50 processing fee applied after this date

Last day for cancellation: May 10, 2010

Venue

Four Seasons Hotel

1300 Lamar St
Houston, TX
713.650.1300 (reservations)
Map

Accommodations

$220.00 good through May 13, 2010

Parking Information

Valet $13 per day / $28 Overnight

Our Sponsors

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

Baker Botts L.L.P.

Baker Botts L.L.P.

Baker Botts is an international law firm recognized for their creative approach to the legal and business issues facing their clients. With approximately 800 lawyers and worldwide network of offices, Baker Botts works with their clients on a wide range of matters. Our approach to the law practice is collaborative, with lawyers functioning as integrated teams to bring the most appropriate response to client needs. www.bakerbotts.com www.bakerbotts.com/
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 LLP

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

www.kslaw.com/portal/server.pt
KPMG LLP

KPMG International is a global network of professional firms providing Audit, Tax, and Advisory services. KPMG operates in 145 countries and has more than 133,000 professionals, including more than 7,100 partners, working in member firms around the world. Its member firms aim to provide clients with a globally consistent set of multidisciplinary services based on deep industry knowledge. In the United States, KPMG LLP traces its origins back to 1897 and provides Audit, Advisory, and Tax services through more than 1,700 partners and 22,000 other client service professionals in 88 offices. www.kpmg.com www.kpmg.com/
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/
StoneTurn Group, LLP

The StoneTurn Group is a multinational partnership of experienced and credentialed accounting, economics, valuation and technology consultants and expert witnesses supporting business clients and their legal advisors. Our spectrum of services includes, among other things: serving as accounting, economics, damages and valuation experts in litigations and arbitrations; conducting accounting, fraud and other financial investigations as a result of regulatory, internal, creditor and owner inquiries; acquiring, recovering and preserving electronic data; and assisting in the valuation, licensing, and enforcement of intellectual property rights. StoneTurn has resident professionals in Austin, Boston, Chicago, Houston, London and San Francisco. www.stoneturn.com www.stoneturn.com/
Vinson & Elkins Llp

Vinson & Elkins Llp

www.velaw.com/

4th Annual

Arbitration and National Courts: Conflict and Cooperation

Houston May 13-14, 2010 Four Seasons Hotel Conference Concluded

Buy

Related products: Materials

Overview

Event Schedule

Thursday Morning, May 13, 2010

Thursday Afternoon, May 13, 2010

Friday Morning, May 14, 2010

Friday Afternoon, May 14, 2010

Conference Faculty

C. Mark Baker

Robert W. Baker

R. Doak Bishop

Andrea K. Bjorklund

John Bowman

David D. Caron

W. Laurence Craig

Alan R. Crain

Brooks Daly

Jason E. Doughty

Alejandro A. Escobar

Anthony Evans

Michael S. Goldberg

Mariano Gomezperalta Casali

Hon. Dominique T. Hascher

Toni D. Hennike

Leonard H. Hoffmann

David A. Isenegger

Gabrielle Kaufmann-Kohler

James L. Loftis

Mark E. Lowes

Pierre Mayer

John M. Minor

Loukas Mistelis

Kevin M. O'Gorman

Alan S. Rau

W. Michael Reisman

Ben H. Sheppard Jr.

Tomasz J. Sikora

Planning Committee

R. Doak Bishop

John Bowman

Alan R. Crain

Brooks Daly

Jason E. Doughty

Michael J. Esposito

Theodore M. Frois

Michael S. Goldberg

William H. Knull III

James L. Loftis

Ewell E. Murphy Jr.

Kevin M. O'Gorman

Alan S. Rau

Ben H. Sheppard Jr.

Tomasz J. Sikora

Jennifer Smith

Timothy J. Tyler

Paul W. Wright

Credit Info

MCLE Credit

Other Credit

Key Dates

Venue

Four Seasons Hotel

Accommodations

Parking Information

Our Sponsors

Baker Botts L.L.P.

Exxon Mobil Corporation

King & Spalding

Vinson & Elkins Llp

Stay in the loop with UT Law CLE

4^th Annual

Houston May 13-14, 2010 Four Seasons Hotel
Conference Concluded