PLAY RECORDING

Broadcast Date: Wednesday, February 16, 2022 from 12:00 pm to 1:30 pm (ET)

Overview:

With the tighter restrictions on public gathering brought by the COVID-19 pandemic, the international arbitration community turned to remote hearings and proceedings for a more flexible and continuous dispute resolution. However, this “new normal” has instigated significant hurdles, particularly in contractual defenses and damages analysis.

In this LIVE Webcast, a panel of thought leaders organized by The Knowledge Group will provide an in-depth discussion of the recent developments in the international arbitration area. Speakers will analyze the different challenges faced by arbitrators to ensure an efficient dispute resolution amidst the pandemic. They will also examine critical issues and layout effective case management techniques for facilitating dispute settlement in a rapidly evolving legal landscape.

Some of the major topics that will be covered in this course are:

  • International Arbitration Trends and Developments
  • COVID-19 Impact on Dispute Resolution Enforcement
  • Critical Issues and Notable Cases
  • Dispute Related Case Management Techniques
  • What Lies Ahead

Credit:

Advance Preparation:

Print and review course materials

 

Method of Presentation:

On-Demand Webcast

 

Prerequisite:

General knowledge of international arbitration laws

 

Course Code:

149680

 

NY Category of CLE Credit:

Areas of Professional Practice

 

Total Credit:

1.5 CLE

Speaker Panel:

Justin Lee, Senior Counsel
Wuersch & Gering LLP

Justin serves as senior counsel at Wuersch & Gering LLP, an international boutique located in New York, New York. He advises clients in complex disputes involving international arbitration and business litigation. He has significant experience across a number of sectors, including construction, oil and gas, mining, casino gaming and factoring. Justin has managed arbitrations under many of the major institutional rules, including ICC, ICSID, SIAC, AAA and JAMS. He has published several articles on international arbitration.

John Michael McNutt, Senior Litigation Advisor & Of Counsel
Lazareff Le Bars

Michael is a Senior Litigation Advisor & Of Counsel with more than 20 years practice in investment and commercial arbitration.

Michael McNutt has been assisting in settlement of investment disputes and complex arbitrations for over 20 years in the World Bank (ICSID), ICC, UNCITRAL and as well as in domestic proceedings in UK High Court, French, United States, and New Zealand courts.

Michael has significant experience in relevant offshore jurisdictions, including most UK offshore centers (IOM, Jersey, BVI, Cayman Islands, etc.), Caribbean jurisdictions, Malta, Cyprus and the United Arab Emirates during the same period. Relevant investor State cases in which Michael was lead strategist together with lead counsel include Noble Ventures v Romania, EDF v Romania, Emmis Radio v Hungary, Novera v Bulgaria, Mezzanine & Danubius v Hungary and a pending Strasbourg case (and related investment treaty claim) against Hungary. Michael is also actively involved in commercial litigation and enforcement cases involving UAE, Senegal, United States, France, Italy, Ireland, Bulgaria and Isle of Man, Cayman Islands, Cyprus and others.

Penny Madden, Partner
Gibson, Dunn & Crutcher LLP

Penny Madden is an English qualified Queen’s Counsel and serves as Co-Partner-in-Charge of the London office of Gibson, Dunn & Crutcher. She has a wide range of experience in all key aspects of international arbitration with particular expertise in shareholder, telecommunications, SPA, energy, international trade and insurance disputes. In addition to representing clients as counsel and advocate, Ms. Madden regularly sits as an arbitrator. Ms. Madden also has significant experience in high court litigation, enforcement proceedings and regulatory investigations, and frequently advises European companies registered in the United Kingdom and/or the United States on complex multi-jurisdictional regulatory enforcement issues.

She is a member of the LCIA, CIArb, the Financial Sector Arbitration Group and the editorial board of Commercial Dispute Resolution. She writes and lectures on a wide variety of arbitration issues and is the international arbitration specialist for the Diplomatic Book and Website for foreign Embassies and High Commissions.

Agenda:

SEGMENT 1:

Justin Lee, Senior Counsel

Wuersch & Gering LLP

  • Impact of COVID-19 on international arbitration/cross-border disputes
  • COVID-19 defenses to breach of contract
  • Common law vs. Civil law approaches to COVID-19 defenses
  • Practical Tips to managing COVID-19 disputes

SEGMENT 2:

Penny MaddenPartner

Gibson, Dunn & Crutcher LLP

Recent Trends and Developments in International Arbitration

  • Increase in Demand for International Arbitration
  • Remote Hearings Post-Pandemic
  • Institutions Have Introduced New Rules to Increase Expediency, Transparency and Cost-Efficiency
  • Increase in Challenges to Arbitrators for Failure to Disclose Potential Conflicts
  • Increase in Potential Investor State Claims in Relation to Changes in Energy Legislation 
  • Overall Trends in Investor State Claims
  • The Impact of Brexit

SEGMENT 3:

John Michael McNuttSenior Litigation Advisor & Of Counsel

Lazareff Le Bars

  • Potential Defense to COVID-19 – Force Majeure
  • Other Defenses – Civil law “Imprevision” – “Unpredictability”
  • Key Civil Law Defenses
  • Common Law Vs Civil Law – Economic Hardship
  • Key Takeaways
  • Other Civil Law Defenses – Impossibility
  • Practical Impact on Proceedings

Materials:

Download Course Materials

Who Should Attend:

  • Arbitration Lawyers and Practitioners
  • Cross-Border Litigation Lawyers
  • Dispute Resolution Lawyers
  • International Arbitrators and Mediators
  • Corporate Attorneys
  • General Counsel
  • Legal Executives

SPEAKERS

Justin LeeSenior Counsel
Wuersch & Gering LLP
John Michael McNuttSenior Litigation Advisor & Of Counsel
Lazareff Le Bars
Penny MaddenPartner
Gibson, Dunn & Crutcher LLP

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