The 8th Dublin International Arbitration Day

T H E 8T H A N NUA L DU B LIN IN T E R N AT I O NA L

A R BI T R ATION DAY

F R I D AY 20TH NOVEMBER 2020 14.30 – 17.30 GMT V I R T UA L E V E N T H O ST E D BY I C S I D W E B E X P L AT FO R M

REGISTER HERE Sponsored by:

T HE 8 T H AN NUA L D U BL I N I N TERNATIO NAL A R B I T R AT I O N DAY

WELCOME ADDRESS Paul Gardiner SC

PANEL

1

REMEDIES AND DEFENCES IN COVID-19 RELATED ARBITRATION

President, Arbitration Ireland

Chair: Nicola Dunleavy

Paul was called to the Bar in 1987 and to the Inner Bar

Matheson

in October 2000. He has appeared as counsel in many significant commercial litigation cases, and acted as arbitrator both domestically and internationally, while also appearing as counsel in many arbitrations. He is an accredited mediator with the CEDR, and has acted as mediator in a number of significant commercial disputes.

Nicola is a Partner in Matheson’s Commercial Litigation and Dispute Resolution Department. She leads the Matheson arbitration team and her expertise includes advocacy in alternative dispute resolution, encompassing expert determination, adjudication and mediation.

Nicola is also an Associate of the Chartered Institute of Arbitrators.

Charlie Caher

WilmerHale, London

OPENING REMARKS Meg Kinnear Secretary-General, ICSID, Washington DC Meg Kinnear is a Vice President of the World Bank Group and the Secretary-General of the International Centre for Settlement of Investment Disputes (ICSID). As Secretary-General, she oversees a staff of 70 people, administering more than 300 investment arbitrations each year. Ms. Kinnear was formerly the Senior General Counsel and Director General of the Trade Law Bureau of Canada.

KEYNOTE ADDRESS Paul Gallagher SC Attorney General of Ireland

Charlie Caher is a partner in WilmerHale’s International Arbitration Group. Mr. Caher is based in London, where he practices international arbitration and English litigation.

Ronnie Barnes

Cornerstone Research, London Ronnie Barnes coheads Cornerstone Research’s international arbitration and litigation practice. Dr. Barnes is an expert on accounting, damages, and valuation. He specializes in complex valuation methodologies, including estimating the cost of capital, determining country risk premia, and conducting valuation of complex financial instruments such as derivatives and structured finance products.

Peggy O'Rourke SC The Bar of Ireland Professional Qualifications: LLB, LLM (Harv), Attorney at Law (NY1996). Peggy specialises in Arbitration Dispute resolution, Commercial/Chancery and Construction Law.

Elizabeth Silbert

King & Spalding, Atlanta Elizabeth is a partner in King & Spalding’s Atlanta office and a member of the firm's International Arbitration team.

Focusing on the energy, infrastructure, and technology industries, Elizabeth specializes in complex disputes involving multiple parties, joint ventures, governmental entities, and multijurisdictional issues. Her counsel experience includes arbitrations convened under the AAA/ICDR, CPR, ICC, ICSID, LCIA, SIAC, and UNCITRAL Arbitration Rules

T HE 8TH ANNUAL D UB L IN INTER NATI ONA L ARBIT RAT ION DAY

PANEL

2

WHY INTERNATIONAL LAW AND POLITICS MATTER TO INTERNATIONAL ARBITRATION

Chair: Pierre Yves Tschanz Tavernier Tschanz, Geneva Pierre Yves Tschanz is a partner at Tavernier Tschanz, Geneva. He has been admitted to the Bar in Paris, New York and Geneva, and has served as an arbitrator in over 100 cases.

Janet Whittaker

Clifford Chance, Washington DC Janet Whittaker is Senior Counsel at Clifford Chance based in Washington, DC. Her practice focuses on international arbitration, business and human rights, international trade, and climate change issues.

Martina Polasek

Deputy Secretary-General, ICSID, Washington DC Martina Polasek is Deputy Secretary-General at the International Centre for Settlement of Investment Disputes (ICSID). Ms. Polasek joined ICSID in September 2001 and has served as secretary of tribunals in over 50 arbitrations under the ICSID Convention, the ICSID Additional Facility Rules and the United Nations Commission on International Trade Law Rules.

Thomas Walsh

Freshfields, New York Thomas is Special Counsel in Freshfields’ US international arbitration practice group. His practice is focused on complex arbitration (commercial and investor-state) and litigation matters, and management of multi-jurisdictional crises and disputes. He has served as counsel in numerous arbitrations under most of the major arbitration rules, and litigations in U.S. federal courts. Thomas also serves as arbitrator in commercial arbitrations.

PANEL

QUICKFIRE TOPICS

3 Chair: The Hon. Mr Justice David Barniville High Court of Ireland David Barniville was appointed a judge of the High Court of Ireland in December 2017. He is currently the judge in charge of the Commercial Division of that Court. He is also designated as the Arbitration Judge to hear all arbitration related matters in the High Court. In July 2018 he was appointed as a member of Ireland’s National Group on the Permanent Court of Arbitration in The Hague.

Louis Flannery QC Mishcon de Reya, LLP, London Partner, Mishcon de Reya LLP since May 2020, specialising in international arbitration and crossborder litigation. Queens Counsel 2018. Co-author of Merkin and Flannery on the Arbitration Act 1996 (6th ed., 2020) and Consultant Editor Arbitration Law by Professor Merkin (Informa, looseleaf).

Philippa Charles Stewarts, London Philippa Charles is Partner and Head of International Arbitration with Stewarts. Philippa specialises in complex and high-value cross-border arbitration disputes, and has 20 years’ experience of proceedings before the major arbitral institutions. She has acted for clients including major global corporations in the aviation, pharmaceutical, power, and oil and gas industries. She is a Solicitor-Advocate and also sits as an arbitrator.

Patrick Leonard SC The Bar of Ireland Patrick Leonard SC was called to the Bar in 1997 and took silk in 2013. He practises in general commercial and chancery litigation, with a specialist interest in arbitration.

He was an elected member of the Bar Council from 2016 to 2018, the chair of its Arbitration Committee (2016/2017), and is a member of the Irish National Committee of the ICC. He has played a leading part in the ongoing Bar Council initiative to promote Irish law and Irish lawyers “Promoting Ireland as a leading centre globally for international legal services”.

Ravi Aswani 36 Stone, London Ravi Aswani is a commercial dispute resolution barrister practising from 36 Stone in London. He has an extensive international arbitration practice and is recommended for his work as counsel in this field in the Chambers & Partners UK Bar and Global Directories, the Legal 500 UK Bar Directory and Who’s Who Legal (which has identified him as an Arbitration Future Leader). He also practices as an arbitrator and has received appointments from the ICC and the LCIA as well as ad hoc appointments in a wide range of cases.

Susan Ahern BL The Bar of Ireland Susan is a barrister at the Law Library in Dublin and international arbitrator at 33 Bedford Row Chambers, London. She is a Fellow of the Chartered Institute of Arbitrators. Susan is a member of the ICSID Conciliator Panel, the Court of Arbitration for Sport (CAS), Sport Resolutions UK and the Bar of Ireland Arbitration and ADR Committee.

Clare Ambrose Twenty Essex, London Clare is a full-time arbitrator with over 25 years’ experience of arbitration and litigation. She has practised from Twenty Essex as a barrister and now as an arbitrator.

She is a Fellow of CIArb and a Centre for Dispute Resolution (CEDR) accredited mediator. In 2017, she became a full member of the LMAA. She was appointed a Deputy High Court Judge in 2018.

Mark Kantor Milbank, Tweed, Hadley & McCloy Mark Kantor is a retired partner of Milbank, Tweed, Hadley & McCloy, an international arbitrator in investment and commercial disputes, Adjunct Professor at the Georgetown University Law Center, Editor-in-Chief of the online journal Transnational Dispute Management and a member of the World Bank Group Sanctions Board. He is on the Council of the American Arbitration Association (former member, Board of Directors), and former Chair of the DC Bar International Investment Committee and the DC Bar International Dispute Resolution Committee. More information at www.mark-kantor.com

The 8th Annual Dublin International Arbitration Day, Ireland’s leading conference on international arbitration will be hosted virtually this year by the International Centre for Settlement of Investment Disputes (ICSID) using the WebEx platform from 2.30pm – 5.30pm, on Friday, 20 November. The Conference has attracted an impressive array of national and international speakers on relevant and topical matters.

Panel discussions will include: ■ Remedies and Defences in Covid-19 related Arbitration; ■ Why International Law and Politics Matter to International Arbitration; and, ■ Quickfire Topics.

The CPD-accredited sessions will conclude with a Zoom social call to facilitate networking and will include the facility to chat and enjoy traditional Irish music.

For more information please visit https://arbitrationireland.com/

SEMINAR PROGRAMME 2:30 – 2:35

Welcome Address Paul Gardiner SC, President of Arbitration Ireland

2.35 – 2.40

Opening Remarks Meg Kinnear, Secretary-General of ICSID

2:40 – 2:50

Keynote Address Mr Paul Gallagher SC, Attorney General of Ireland

2:50 – 3:40

PANEL 1

SUPPORTED BY

Remedies and Defences in Covid-19 related Arbitration Chair Nicola Dunleavy (Matheson) Speakers Charlie Caher (WilmerHale) Ronnie Barnes (Cornerstone Research) Peggy O'Rourke SC (The Bar of Ireland) Elizabeth Silbert (King & Spalding, Atlanta) Q&A 3:45 – 4:35

PANEL 2 Why International Law and Politics Matter to International Arbitration Chair Pierre Yves Tschanz (Tavernier Tschanz) Speakers Janet Whittaker (Clifford Chance) Martina Polasek (ICSID) Thomas Walsh (Freshfields)

4:40 – 5:30

PANEL 3 Quickfire Topics Chair The Hon. Mr. Justice David Barniville Speakers Philippa Charles (Stewarts) Susan Ahern BL, (The Bar of Ireland) Louis Flannery QC (Mishcon de Reya, LLP) Patrick Leonard SC (The Bar of Ireland) Ravi Aswani (36 Stone) Clare Ambrose (Twenty Essex, London) Mark Kantor (Milbank, Tweed, Hadley & McCloy) Q&A

5.30

CLOSING REMARKS Paul Gardiner SC, President of Arbitration Ireland

5.30 – 6.30

FEES Arbitration Ireland Members

Free

Virtual Social Gathering including Traditional Music and Chat

Non Member

€50

A Zoom link will be circulated in advance to all registered attendees.

Young Practitioner/Students

Free