10th Dublin International Arbitration Day Conference 2022

Sponsored by:

8.00 – 9.00 REGISTRATION AND REFRESHMENTS 9.00 – 9.10 OPENING AND WELCOME ADDRESS

Nicola Dunleavy SC, Matheson & President of Arbitration Ireland

9.15 – 10.30

PANEL 1

The impact of the war in Ukraine on international arbitration with focus on energy (oil/gas) disputes

Moderator: Michael M. Collins SC, The Bar of Ireland

Speakers:

Kevin O’Gorman, Norton Rose Fulbright US LLP, Houston

Charlie Caher, WilmerHale, London

Pavlo Bogachenko, Kinstellar, Kyiv

Philippa Charles, Stewarts, London 10.30 – 11.00 COFFEE BREAK

11.00 – 12.15 PANEL 2

Tech panel: cutting edge technology disputes

Moderator: Sarah Reynolds, Goldman Ismail Tomaselli Brennan & Baum LLP, Chicago

Speakers: Dr Nils Rauer MJI, Pinsent Masons, Frankfurt

Eva Nagle, Associate General Counsel, Meta, Dublin Charlotte Hill, Pennington Manches Cooper, London 12.15 – 13.45 LUNCH KINDLY SPONSORED BY CORNERSTONE RESEARCH

13.45 – 15.00 PANEL 3

Construction arbitrations: focus on large international projects

Moderator: Rory Kirrane SC, Mason, Hayes & Curran, Dublin

Speakers:

Anneliese Day KC, Fountain Court Chambers, London

Siobhan Fahey, Chartered Engineer and Chartered Arbitrator, Ireland

Mehmet Karakoc, Secretariat International, London

Jon Elvey, Jon Elvey Consultancy, London

16.45

Efficiencies in international arbitration

Moderator: David Herlihy, Allen & Overy, Dublin

Speakers:

Franz T. Schwarz, WilmerHale, London

Clare Ambrose, Twenty Essex, London

Francisco Abriani, Legal Counsel, ICSID, Washington

Simon Parrott, Partner, EY Forensic & Integrity Services, London

Quick fire round

Moderator: The Hon. Mr Justice David Barniville, President of the High Court, Ireland

Speakers:

Judith Mulholland, Baker McKenzie, London

Stephen Dowling SC, The Bar of Ireland/TrialView

John McElroy, Hausfeld, London

Heidi Walsh, Mishcon de Reya, London

Ruth Byrne KC, King & Spalding, London

Ronan McGoldrick, Ogier Leman, Dublin

Frances Bivens, Davis Polk & Wardwell LLP, New York

Matthew York, Vice President, Operations, JAMS, New York

ARBITRATION DAY

KEVIN O’GORMAN

Norton Rose Fulbright US LLP, Houston

Kevin is the US Head of Arbitration and serves as Partner-inCharge of the Norton Rose Fulbright, Houston office. He is recognised in the US and globally for his experience in international arbitration, US domestic arbitration, and international litigation. He has experience with commercial, corporate, energy, sovereign, treaty and construction disputes. He has handled cases under the major arbitral rules, as well under the UNCITRAL arbitration rules. He has served as an arbitrator in domestic and international cases for over a decade.

CHARLIE CAHER

WilmerHale,

WELCOME:

NICOLA DUNLEAVY SC

Matheson & President of Arbitration Ireland

Nicola is a Partner in Matheson’s Commercial Litigation and Dispute Resolution Department and a Senior Counsel. She is the President of Arbitration Ireland and leads the Matheson arbitration team. Her expertise includes cross-border disputes and advocacy in all aspects of alternative dispute resolution. She is a chartered tax advisor and a member of the Court of the London Court of International Arbitration.

PANEL 1: THE IMPACT OF THE WAR IN UKRAINE ON INTERNATIONAL ARBITRATION WITH FOCUS ON ENERGY (OIL/GAS) DISPUTES

MICHAEL M. COLLINS SC

The Bar of Ireland

Michael is a Senior Counsel in Ireland and a door tenant in Monckton Chambers, London. He practises in the fields of international and domestic arbitration, commercial litigation, competition law, EU law and constitutional law. He is a graduate of University College Dublin, with first-class honours master’s degrees in both economics and law. He graduated with an LLM from the University of Pennsylvania and practised as an associate with the New York law firm of Shearman and Sterling.

London

Charlie is a partner in WilmerHale’s Litigation Department, and a member of the International Arbitration Practice Group. He is based in the London office, where he practises international arbitration and English High Court litigation. His international commercial arbitration practice covers a wide range of industries, with a particular focus on energy, construction, insurance, financial services, telecommunications, and aerospace.

PAVLO BOGACHENKO

Kinstellar, Kyiv

Pavlo is a Senior Associate in the Kyiv office of Kinstellar, focusing on international arbitrations, investment disputes, cross-border litigations, sanctions, and sensitive investigation matters. His 10 years of experience at leading Ukrainian and international law firms includes handling contentious matters for clients from various industries, including aviation, energy and natural resources, infrastructure, insurance, and financial markets.

PHILIPPA CHARLES

Stewarts,

London

Philippa is Partner and Head of International Arbitration with Stewarts. She specialises in complex and high-value crossborder 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.

PANEL 2:TECH PANEL: CUTTING EDGE TECHNOLOGY DISPUTES

SARAH REYNOLDS

Sarah

DR NILS RAUER MJI

Pinsent Masons, Frankfurt

Nils is a partner with Pinsent Masons located in Frankfurt, Germany. He heads up the firm’s German intellectual property practice. He focuses on digital transformation, the digital single market within the EU as well as the protection, use and enforcement of IP rights, notably copyright. He enjoys a long-standing reputation as litigator. On numerous occasions, he has represented clients in precedent-setting cases before the German Federal Court as well as the European Court of Justice.

EVA NAGLE

Associate General Counsel, Meta, Dublin

Eva is Associate General Counsel on the EMEA Disputes team of Meta Ireland, based in Dublin. She manages a broad portfolio of work, comprising regulatory interactions, investigations and litigation involving the company across Europe, including before the Court of Justice of the European Union (CJEU). She has represented the company before regulatory hearings in different European jurisdictions. She previously worked as legal counsel for an international telecommunications provider and is a qualified barrister.

CHARLOTTE HILL

Penningtons Manches Cooper LLP, London

Charlotte is an experienced commercial litigator and has been awarded the ‘Rising Star’ accolade in The Legal 500 on four occasions during 2021 and 2022. She advises on a broad range of complex, high-value cross-border disputes across a number of commercial and business sectors. She has specialist expertise in digital assets, where she advises clients about cryptocurrencies and blockchain disputes, and recently acted in one of the very few contested cryptocurrency disputes.

PANEL 3: CONSTRUCTION ARBITRATIONS: FOCUS ON LARGE INTERNATIONAL PROJECTS

RORY KIRRANE SC

Mason Hayes & Curran, Dublin

Rory is Head of the Mason, Hayes & Curran Construction, Infrastructure and Utilities Department and co-heads the energy team. He was appointed Senior Counsel by the Government of Ireland in 2020, the first occasion the title has been conferred on solicitors. He frequently represents clients in all forms of ADR, particularly arbitration, and has appeared before Ireland’s Commercial Court as advocate. He is widely recognised as a superb negotiator and advocate for clients.

ANNELIESE DAY KC

Fountain Court Chambers, London Anneliese is a “leading lawyer of her generation” and a “standout genius”, who is frequently instructed in high-value and complex cases, both nationally and internationally. She acts as both counsel and arbitrator and has been instructed and/or appointed in various arbitration forums including the LCIA, ICC, ICSID, SIAC, SCC, and ad hoc. She was appointed as a member of the LCIA Court and to the SIAC panel of arbitrators in 2019.

SIOBHAN FAHEY

Chartered Engineer and Chartered Arbitrator, Ireland Siobhan is a Chartered Engineer and Chartered Arbitrator and works full-time as an arbitrator, dispute board member, adjudicator, conciliator, and mediator of construction disputes on cases in Ireland, the UK, Europe, Canada, the Middle East and Far East. She was Principal Drafter of the FIDIC (International Federation of Consulting Engineers) 2017 contracts, and is one of the Irish members of the International Chamber of Commerce (ICC) Commission on Arbitration and ADR.

JON ELVEY

Jon Elvey Consultancy, London

Jon is a full-time commercial arbitrator, specialising in London maritime arbitration. He is a full member of the London Maritime Arbitrators Association (LMAA) and its committee. He has been appointed in several hundred arbitrations as a tribunal member or sole arbitrator. He has also been appointed under other rules in Singapore, Stockholm, Dubai and Rotterdam. He is also a mediator and one of the founders of a mediation set in Athens.

MEHMET KARAKOC

Secretariat International, London

Mehmet is a Managing Director with Secretariat based in London. He has more than 17 years of experience and is specialising in delay, programming and disruption and quantum matters. He has been appointed as a delay and quantum expert on many occasions (both as a party-appointed and a tribunalappointed expert) and testified several times in arbitration proceedings, including giving concurrent expert evidence. WWL recognises him in its arbitration, consulting and construction expert witness categories.

Goldman Ismail Tomaselli Brennan & Baum LLP, Chicago

is Managing Partner of Goldman Ismail and CEO of the Silicon Valley Arbitration and Mediation Center. As arbitration counsel, she represents technology and pharmaceutical companies before domestic and international arbitral bodies. She is a Fellow of the Chartered Institute of Arbitrators (CIArb) and is a Center for Conflict Resolution-trained mediator. She is named on the International Centre for Dispute Resolution (ICDR) Panel of Arbitrators and Mediators.

PANEL 4: EFFICIENCIES

IN

INTERNATIONAL ARBITRATION

DAVID HERLIHY

Allen & Overy, Dublin

David is a partner in Allen & Overy’s International Arbitration Group. He has 20 years’ experience in international arbitration, with a focus on international commercial arbitration, investment treaty arbitration, and public international law. He is qualified in Ireland, England & Wales, and New York. He has an undefeated track record of success in investor-state arbitration, acting both for investors and for states over the last two decades.

FRANZ T. SCHWARZ

WilmerHale, London

Franz co-chairs the international arbitration practice at WilmerHale. He has been involved in more than 250 arbitrations as counsel and arbitrator, both ad-hoc and before all major arbitral institutions. He frequently advises parties on the protection of foreign investments under bilateral investment treaties and similar instruments. He currently serves as Vice President of the Vienna International Arbitration Centre and as a member of the Executive Board of the Swiss Arbitration Association.

CLARE AMBROSE

Twenty Essex, London

Clare is a full-time arbitrator at Twenty Essex with over 25 years’ experience of arbitration and litigation. She has extensive experience as a commercial arbitrator, with over 200 appointments in international arbitrations, particularly in shipping and international trade, shipbuilding and repair, and in a variety of commercial disputes. She is a Fellow of the Chartered Institute of Arbitrators (CIArb) and a Centre for Dispute Resolution (CEDR)accredited mediator.

FRANCISCO ABRIANI

Legal Counsel, ICSID, Washington

Francisco is Legal Counsel at the International Centre for Settlement of Investment Disputes (ICSID), where he acts as Secretary of arbitral tribunals, conciliation commissions and mediations in investor-state proceedings. Before joining the ICSID, he worked for eight years at Freshfields Bruckhaus Deringer in Paris and New York, where he acted as counsel for companies and states in international investment and commercial arbitrations, as well as in proceedings before the International Court of Justice.

SIMON PARROTT

Partner, EY Forensic & Integrity Services, London

Simon is a Partner in EY’s Forensic & Integrity Services practice. For over 15 years, he has specialised in providing expert advice and opinions on accounting, financial and valuation matters in litigation, international arbitration and other alternative dispute resolution mechanisms, including expert determinations (both as advisor and as expert determiner). He has been instructed across a number of industries, particularly in the financial services, hospitality and energy sectors.

PANEL 5: QUICK FIRE ROUND

THE HON. MR JUSTICE DAVID BARNIVILLE

JUDITH MULHOLLAND

Baker McKenzie,

London

Judith is a Partner at the Baker McKenzie Dispute Resolution team based in London. She has considerable experience in international commercial arbitration, including ICC, LCIA, SCC, UNCITRAL and ad hoc arbitration under the Arbitration Act 1996, as well as ancillary and enforcement proceedings before the English courts. She also regularly advises clients on complex and high-value litigation and other forms of alternative dispute resolution.

JOHN MCELROY Hausfeld, London

Originally from Co. Fermanagh, John is a commercial dispute resolution expert and Head of the Commercial Disputes team at Hausfeld in London. He has extensive experience dealing with complex and high-value commercial litigation and international arbitration matters, with a particular emphasis on financial services disputes. He is currently acting in arbitrations before the London Court of International Arbitration (LCIA) and the International Chamber of Commerce (ICC).

STEPHEN DOWLING SC

The Bar of Ireland/TrialView

Stephen is Senior Counsel at The Bar of Ireland and has 20 years’ experience in commercial litigation and arbitration. He is the author of The Commercial Court (Round Hall, 2nd Edition). He is also founder of TrialView, a platform that facilitates the digital preparation and presentation of evidence in complex arbitrations.

RONAN MCGOLDRICK

Ogier Leman, Dublin

Ronan is a Partner and leads Ogier Leman’s Financial Services (FS) Dispute Resolution Team. He is a commercial litigator with 17 years’ experience of high-value complex disputes. His specialist areas include FS disputes involving funds, banking and securities, insolvency and restructuring, and more. He has developed expertise in project managing complex and high-value claims in the Commercial Division of the High Court, the Court of Appeal and before the International Court of Arbitration.

President of the High Court, Ireland

David was appointed a judge of the High Court in December 2017 after almost 27 years in practice as a barrister. He was the judge in charge of the Commercial Division of that Court. He was also designated to hear all arbitration-related matters. He was appointed to the Court of Appeal in August 2021 and appointed President of the High Court in July 2022. Prior to his appointment to the High Court, David was Chairperson of the Council of the Bar of Ireland.

RUTH M.D. BYRNE KC

King & Spalding, London

Ruth specialises in international commercial and investment disputes, with a focus on energy, life sciences, fraud and enforcement. She has advised clients on disputes arising in multiple jurisdictions and has appeared as counsel in 100+ arbitrations, as well sitting regularly as arbitrator. She also appears frequently in the English High Court. She is a member of the International Chamber of Commerce (ICC) UK Selection Subcommittee and is a former Young International Arbitration Group (YIAG) Co-Chair.

HEIDI WALSH

Mishcon de Reya, London

Heidi is a managing associate in the international arbitration group of Mishcon de Reya in London. She advises and represents clients in arbitrations at the International Centre for Settlement of Investment Disputes (ICSID), London Court of Arbitration (LCIA), International Chamber of Commerce (ICC), the Vienna International Arbitral Centre (VIAC), and in ad hoc arbitrations. Her practice encompasses a range of sectors including oil and gas, renewable energy, complex shareholder and general commercial disputes.

FRANCES BIVENS

Davis Polk & Wardwell LLP, New York

Frances serves as lead counsel in a range of commercial and investor-state arbitrations internationally, and commercial litigation matters in US federal and state courts. She has an electrical engineering degree and is experienced in litigation involving technical issues. She handles complex financial cases and post-mergers and acquisitions disputes. She is chair of the International Commercial Disputes Committee of the New York City Bar and second vice-chair of the New York International Arbitration Center.

MATTHEW YORK

Vice President, Operations, JAMS, New York

Matthew is a Vice-President at JAMS. He is responsible for all northeast US and mid-Atlantic operations for the largest private provider of dispute resolution services in the world. He joined JAMS 17 years ago and helped open the Philadelphia Resolution Centre. In 2012, he assumed responsibility for the flagship New York Resolution Centre and shortly thereafter took over regional responsibility for the Boston and Philadelphia locations.

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