White & Case LLP - Events - The New IBA Guidelines for Drafting International Arbitration Clauses and the New Queen Mary Survey of Corporate Choices in International Arbitration

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The New IBA Guidelines for Drafting International Arbitration Clauses and the New Queen Mary Survey of Corporate Choices in International Arbitration
March 15, 2011

This seminar, co-hosted by White & Case and the CPR Institute, will cover two recent developments in international arbitration which should be of significant interest to inside counsel of international corporations: the IBA Guidelines for Drafting International Arbitration Clauses ("IBA Guidelines") and the Queen Mary, University of London, Survey of Corporate Choices in International Arbitration ("QMUL Survey").

The IBA Guidelines are designed to help parties achieve effective arbitration clauses which unambiguously embody their wishes. They provide detailed guidance about the essential elements of an effective clause, the choices available to parties, the pitfalls to avoid, and what features of the process can be determined in advance. The IBA Guidelines are an indispensable resource for anyone involved with drafting arbitration clauses, reflecting the best current practices in international arbitration.

The QMUL Survey, entitled "Choices in International Arbitration," provides empirical insight, unavailable until now, into the choices that corporate counsel make in relation to their use of international arbitration, and the reasons behind those choices. It addresses issues such as how decisions are made about governing law, seat of arbitration, arbitral institution and arbitrators, and what considerations are uppermost in the minds of corporate counsel when they negotiate arbitration clauses. An unprecedented number of corporate counsel from across the globe contributed to the QMUL Survey through questionnaires and interviews.

This seminar will cover the key aspects and practical implications of the IBA Guidelines and the QMUL Survey.

Speakers Include:

Introduction: Helena Tavares Erickson
Senior Vice President & Secretary, International Institute for Conflict Prevention and Resolution
Ms. Erickson is the Secretary for CPR's Board of Directors and Executive Committee and is responsible for a wide range of CPR activities including ADR counseling and research for CPR members, committees, publications, education, CLE-training and CPR's Awards Program. In addition, Ms. Erickson serves as CPR's Challenge Review Officer and oversees the Dispute Resolution Services and Panels departments in administering complex matters.

Moderator: Paul Friedland
Partner, International Arbitration Practice Group, White & Case, New York
Mr. Friedland is Head of the White & Case International Arbitration Practice Group. He served as the Chair of the IBA Task Force on Drafting International Arbitration Clauses, which prepared the IBA Guidelines. Mr. Friedland has acted as counsel or arbitrator in numerous international arbitrations, both commercial and investor/State. He holds leadership positions in several arbitration institutes (including the American Arbitration Association, the International Bar Association, the International Chamber of Commerce and the Institute for Transnational Arbitration), and is repeatedly ranked by industry publications among the top arbitration practitioners.

On the IBA Guidelines:

Professor Frédéric Bachand, McGill University
Professor Bachand has been a professor of law at McGill University since 2003 and is particularly interested in the judicial and extrajudicial resolution of civil and commercial disputes, whether they occur in a domestic or international context. He currently teaches transsystemic courses on evidence in civil matters, civil procedure, extrajudicial means of dispute resolution and NAFTA Chapter 11 arbitration. Professor Bachand holds doctoral degrees from Université Panthéon-Assas (Paris II) and Université de Montréal, as well as an LL.M. from the University of Cambridge. He is the co-director—with Professor Thomas E. Carbonneau of Penn State University—of the McGill Summer Program in Arbitration, a member of the NAFTA Advisory Committee on Private Commercial Disputes and an editor of the Stockholm International Arbitration Review.

Stephen E. Smith, Independent Arbitrator, Mediator and Consultant
Former Vice President and General Counsel, Lockheed Martin Space Systems Company
Mr. Smith is an independent arbitrator, mediator and consultant. He retired on February 1, 2011 from the position of Vice President and General Counsel for Lockheed Martin Space Systems Company, which he held since 1995. In these capacities, Mr. Smith had responsibility for the oversight of all legal functions of the operating elements reporting to the business area. He negotiated or oversaw the negotiation of over 100 launch services contracts and satellite manufacturing contracts, and had the lead role in multiple disputes involving launch services and satellite manufacturing contracts with customers and insurers. This included managing a considerable number of U.S. domestic and international arbitrations and mediations, including proceedings before the AAA, ICDR, ICC and LCIA.

On the QMUL Survey:

Professor Loukas Mistelis, School of International Arbitration, Queen Mary, University of London
Professor Mistelis is the Clive Schmitthoff Professor of Transnational Commercial Law and Arbitration and the Director of the School of International Arbitration, Queen Mary, University of London, which prepared the QMUL Survey. He studied law at Athens, Strasbourg, Hanover and Keio Universities, and has been a Member of the Athens Bar since 1993. Professor Mistelis has been listed as one of the "leading lights in international arbitration", being ranked in the top 15 of GAR's 45 under 45, and one of the 25 academics listed in the International Who's Who of Commercial Arbitration. He maintains a selective arbitration and consulting practice in international commercial and investment disputes. Professor Mistelis has been a Visiting Professor at Columbia University, Keio University (Tokyo), and teaches at NYU in London. He has also participated in a number of experts groups, including for the ICC, UNCITRAL, and UNCTAD.

Erin Gleason Alvarez, Director, Office of Dispute Resolution, Chartis
Ms. Gleason Alvarez is Director of the Office of Dispute Resolution in the Litigation Management Division of Chartis. Her responsibilities include promoting early and strategic use of dispute resolution. She also assists in the development and delivery of internal training programs, which encourage ADR. Ms. Gleason Alvarez is co-chair of the Best Practices Sub-Committee of the ABA Section of Dispute Resolution Arbitration Committee, and a member of the Arbitration Committees of the Association of the Bar of the City of New York and the International Institute for Conflict Prevention and Resolution. In 2008, she received an award at the 25th Annual CPR Institute Awards Program for her paper, "International Arbitral Appeals: What Are We So Afraid Of?"

Ank Santens, Partner, International Arbitration, White & Case, New York
Ms. Santens has served as counsel in arbitrations under all major arbitral rules and involving many jurisdictions around the world. She has experience in multiple industry sectors, in particular infrastructure/construction, energy, financial services, insurance, M&A, mining and telecommunications. Ms. Santens is civil and common law educated and her working languages, besides English, are French, Spanish and Flemish/Dutch. She serves inter alia on the Executive Committee of the Foundation for International Arbitration Advocacy, the ICC Task Force on Decisions as to Costs, the New York City Bar's International Commercial Disputes Committee, and the IBA's Sub-Committee on the Recognition and Enforcement of Arbitral Awards. Ms. Santens' practice is regularly highlighted in industry publications such as Chambers and Legal 500.

NY CLE will be offered.

	Events
Expertise International Arbitration Lawyers Paul Friedland Ank A. Santens Locations New York	The New IBA Guidelines for Drafting International Arbitration Clauses and the New Queen Mary Survey of Corporate Choices in International Arbitration March 15, 2011 This seminar, co-hosted by White & Case and the CPR Institute, will cover two recent developments in international arbitration which should be of significant interest to inside counsel of international corporations: the IBA Guidelines for Drafting International Arbitration Clauses ("IBA Guidelines") and the Queen Mary, University of London, Survey of Corporate Choices in International Arbitration ("QMUL Survey"). The IBA Guidelines are designed to help parties achieve effective arbitration clauses which unambiguously embody their wishes. They provide detailed guidance about the essential elements of an effective clause, the choices available to parties, the pitfalls to avoid, and what features of the process can be determined in advance. The IBA Guidelines are an indispensable resource for anyone involved with drafting arbitration clauses, reflecting the best current practices in international arbitration. The QMUL Survey, entitled "Choices in International Arbitration," provides empirical insight, unavailable until now, into the choices that corporate counsel make in relation to their use of international arbitration, and the reasons behind those choices. It addresses issues such as how decisions are made about governing law, seat of arbitration, arbitral institution and arbitrators, and what considerations are uppermost in the minds of corporate counsel when they negotiate arbitration clauses. An unprecedented number of corporate counsel from across the globe contributed to the QMUL Survey through questionnaires and interviews. This seminar will cover the key aspects and practical implications of the IBA Guidelines and the QMUL Survey. Speakers Include: Introduction: Helena Tavares Erickson Senior Vice President & Secretary, International Institute for Conflict Prevention and Resolution Ms. Erickson is the Secretary for CPR's Board of Directors and Executive Committee and is responsible for a wide range of CPR activities including ADR counseling and research for CPR members, committees, publications, education, CLE-training and CPR's Awards Program. In addition, Ms. Erickson serves as CPR's Challenge Review Officer and oversees the Dispute Resolution Services and Panels departments in administering complex matters. Moderator: Paul Friedland Partner, International Arbitration Practice Group, White & Case, New York Mr. Friedland is Head of the White & Case International Arbitration Practice Group. He served as the Chair of the IBA Task Force on Drafting International Arbitration Clauses, which prepared the IBA Guidelines. Mr. Friedland has acted as counsel or arbitrator in numerous international arbitrations, both commercial and investor/State. He holds leadership positions in several arbitration institutes (including the American Arbitration Association, the International Bar Association, the International Chamber of Commerce and the Institute for Transnational Arbitration), and is repeatedly ranked by industry publications among the top arbitration practitioners. On the IBA Guidelines: Professor Frédéric Bachand, McGill University Professor Bachand has been a professor of law at McGill University since 2003 and is particularly interested in the judicial and extrajudicial resolution of civil and commercial disputes, whether they occur in a domestic or international context. He currently teaches transsystemic courses on evidence in civil matters, civil procedure, extrajudicial means of dispute resolution and NAFTA Chapter 11 arbitration. Professor Bachand holds doctoral degrees from Université Panthéon-Assas (Paris II) and Université de Montréal, as well as an LL.M. from the University of Cambridge. He is the co-director—with Professor Thomas E. Carbonneau of Penn State University—of the McGill Summer Program in Arbitration, a member of the NAFTA Advisory Committee on Private Commercial Disputes and an editor of the Stockholm International Arbitration Review. Stephen E. Smith, Independent Arbitrator, Mediator and Consultant Former Vice President and General Counsel, Lockheed Martin Space Systems Company Mr. Smith is an independent arbitrator, mediator and consultant. He retired on February 1, 2011 from the position of Vice President and General Counsel for Lockheed Martin Space Systems Company, which he held since 1995. In these capacities, Mr. Smith had responsibility for the oversight of all legal functions of the operating elements reporting to the business area. He negotiated or oversaw the negotiation of over 100 launch services contracts and satellite manufacturing contracts, and had the lead role in multiple disputes involving launch services and satellite manufacturing contracts with customers and insurers. This included managing a considerable number of U.S. domestic and international arbitrations and mediations, including proceedings before the AAA, ICDR, ICC and LCIA. On the QMUL Survey: Professor Loukas Mistelis, School of International Arbitration, Queen Mary, University of London Professor Mistelis is the Clive Schmitthoff Professor of Transnational Commercial Law and Arbitration and the Director of the School of International Arbitration, Queen Mary, University of London, which prepared the QMUL Survey. He studied law at Athens, Strasbourg, Hanover and Keio Universities, and has been a Member of the Athens Bar since 1993. Professor Mistelis has been listed as one of the "leading lights in international arbitration", being ranked in the top 15 of GAR's 45 under 45, and one of the 25 academics listed in the International Who's Who of Commercial Arbitration. He maintains a selective arbitration and consulting practice in international commercial and investment disputes. Professor Mistelis has been a Visiting Professor at Columbia University, Keio University (Tokyo), and teaches at NYU in London. He has also participated in a number of experts groups, including for the ICC, UNCITRAL, and UNCTAD. Erin Gleason Alvarez, Director, Office of Dispute Resolution, Chartis Ms. Gleason Alvarez is Director of the Office of Dispute Resolution in the Litigation Management Division of Chartis. Her responsibilities include promoting early and strategic use of dispute resolution. She also assists in the development and delivery of internal training programs, which encourage ADR. Ms. Gleason Alvarez is co-chair of the Best Practices Sub-Committee of the ABA Section of Dispute Resolution Arbitration Committee, and a member of the Arbitration Committees of the Association of the Bar of the City of New York and the International Institute for Conflict Prevention and Resolution. In 2008, she received an award at the 25th Annual CPR Institute Awards Program for her paper, "International Arbitral Appeals: What Are We So Afraid Of?" Ank Santens, Partner, International Arbitration, White & Case, New York Ms. Santens has served as counsel in arbitrations under all major arbitral rules and involving many jurisdictions around the world. She has experience in multiple industry sectors, in particular infrastructure/construction, energy, financial services, insurance, M&A, mining and telecommunications. Ms. Santens is civil and common law educated and her working languages, besides English, are French, Spanish and Flemish/Dutch. She serves inter alia on the Executive Committee of the Foundation for International Arbitration Advocacy, the ICC Task Force on Decisions as to Costs, the New York City Bar's International Commercial Disputes Committee, and the IBA's Sub-Committee on the Recognition and Enforcement of Arbitral Awards. Ms. Santens' practice is regularly highlighted in industry publications such as Chambers and Legal 500. NY CLE will be offered.