Past Online Member Programs
Force Majeure in New York Law: A Guide for
International Commercial Arbitrators
May 27, 2020 5:00pm – 6:00 p.m. ET
The full extent of COVID-19’s impact remains to be determined but no doubt will include the ability of commercial parties to perform their obligations in the manner set forth in their contracts.
Substantive bodies of law differ on the question of whether, and under what circumstances contract performance may be excused or contract obligations adapted to changed circumstances. Commercial agreements governed by New York substantive law tend to deal with this question in force majeure clauses. In some industries, these clauses are negotiated with great care; in others, lawyers copy a clause from one agreement to the next and the contracting parties give it little, if any attention. When an unexpected occurrence beyond the control of the parties materially changes the economics of the bargain, the resolution of disputes may turn as much on the language of the force majeure clause as on the facts that give rise to the defense.
Our guide through a discussion of the New York law of force majeure will be Ethan J. Leib, John D Calamari Distinguished Professor of Law at Fordham Law School. Professor Leib has been teaching contract law for 15 years and regularly serves as an expert on New York contract law, as amicus curiae to the New York Court of Appeals and in foreign litigation and international arbitration. See bio
A comparative law perspective will be provided by Alejandro Garro, Adjunct Professor of Law and Senior Research Scholar of the Parker School of Foreign and Comparative Law of Columbia University. Professor Garro served as a member of the Working Group for the UNIDROIT Principles of International Commercial Contracts and currently serves as a member of the Argentine delegation to UNCITRAL. See bio
The discussion will be led by Jennifer Kirby, FCIArb, As Principal of the arbitration boutique Kirby and an internationally recognized arbitration practitioner based in Paris and New York, Ms. Kirby acts as counsel and sits as arbitrator in a wide variety of commercial arbitrations around the world. See bioDownload PDF
Registration: [click here]
Become a Member: [click here]
USCIB/ICC USA’s Sole Practitioners Group and
the Chartered Institute of Arbitrators New York Branch
Arbitrators Series: Nuts and Bolts of Conducting
Arbitral Hearings via Videoconference
April 28, 2020 3:00pm – 4:00pmET
Since the onset of the COVID-19 pandemic, arbitrators and arbitration counsel have increasingly looked to web-based video conferencing technology for the conduct of arbitration hearings. Over the past several weeks, the arbitral community has been inundated by advice from arbitral institutions and practitioners on whether and how to fairly and efficiently conduct arbitration hearings by video.
This program will offer best practices and meaningful “nuts and bolts” suggestions geared to arbitrators and arbitration counsel in sole practice for conducting video hearings.
Nancy M. Thevenin, FCIArb, USCIB’s general counsel, will provide a brief update on USCIB/ICC USA’s Arbitration committee activities. See bio.
Marek Krasula, the North America counsel for the ICC International Court of Arbitration®, will discuss the ICC Guidance Note on Possible Measures Aimed at Mitigating the effects of COVID-19 Pandemic. See bio.
Stephanie Cohen, FCIArb, a New York-based arbitrator, will address her Draft Zoom Hearing Procedural Order, which was published by Transnational Dispute Management on April 14, 2020. Ms. Cohen is Vice Chair of the New York Branch of the Chartered Institute of Arbitrators and a member of the ICC Commission on Arbitration and ADR. See bio.
Matthew Draper, FCIArb, who serves as Chair of the Sole Practitioner’s Committee and Treasurer of the New York Branch of the Chartered Institute of Arbitrators, will moderate the discussion. See bio.
Registration for this event is now closed
MARCH 2020 VIDEO CONFERENCE PROGRAM FOR BRANCH MEMBERS
APPLYING THE INTERNATIONAL STANDARD FOR INTERIM MEASURES IN
INTERNATIONAL INCLUDING EMERGENCY ARBITRATION
When: March 25, 2020 from 12:30-2:30 p.m.
This presentation will focus on when the UNCITRAL Model Law standard for interim measures and emergency arbitrations can be applied, its elements, and how each element should be applied. You will hear from CIArb Fellow Jose F. Sanchez, an arbitrator and counsel with Vinson & Elkins LLP in New York, whose article, “Applying the Model Law’s Standard for Interim Measures in International Arbitration,” will be published by the Journal of International Arbitration in February 2020. Mr. Sanchez will address how to correctly apply the international standard for interim measures and emergency arbitrations by providing an overview of precedents and authority from around the world on, and the legislative history of, each element of the standard. Members and guests in attendance will receive a multi-page cheat sheet designed to help an arbitrator determine how to apply each element of the international standard. There will be time for discussion following the presentation, for example, as to the potential difference in practice between requiring a showing of a “reasonable possibility” of success and requiring a showing of “likelihood” of success on the merits. The discussion will be led by Rainbow Willard, Counsel in the International Arbitration practice at Chaffetz Lindsey LLP.
Application for New York accreditation of this program is pending.
Do you have any burning questions? The speaker would be happy to address your questions, so please e-mail us at email@example.com if there are particular issues you would like us to cover.
When: September 24, 2019 from 3:45-5:45 p.m.
Where: King & Spalding LLP
1185 Avenue of the Americas
New York, NY 10036
The program will be followed at 6:00 p.m. by the Branch’s Annual General Meeting and reception.
Space is limited; registration is first-come, first-served. Priority will be given to Branch members.
Free for CIArb New York Branch Members; $50 for others
Submit questions in advance: firstname.lastname@example.org
A DISCUSSION OF DAMAGES AND PRE-JUDGMENT INTEREST
Will there be math on the test? Many lawyers asked that question before choosing their careers. Yet, in high-stakes commercial disputes, understanding the underpinnings of damages models is crucial. The selection of an interest rate to be applied from the date of breach can also have a significant effect on the outcome.
You’ll hear from James Donohue (Jim) of Charles River Associates, who has been engaged for substantial damages consulting assignments in a wide range of areas, including intellectual property, securities, breach of contract, and fraud. Jim will present on building a damages model, with an emphasis on the discounted cash flow (DCF) method and the choice of an appropriate discount rate.
Thomas C. Childs (Tom), who chaired the sub-committee that produced the ICDC Report on interest awards in international arbitration seated in New York, will discuss factors arbitrators should consider when choosing pre-award and post-award interest rates and will describe what arbitrators are actually doing in practice.
Do you have any burning questions on the intersection of law and economics? Though we have a draft agenda, we can’t cover it all and want to prioritize your questions, so please e-mail us at email@example.com if there are particular issues you would like us to cover.
This program is FREE for members of the CIArb New York Branch and $50 for non-members. Space is limited. Priority will be given to Branch members.
Cybersecurity How-To for Arbitrators
When: April 18, 2019 from 12-2:30 p.m.
Where: Katten Muchin Rosenman
575 Madison Avenue
New York, NY 10022
Space is limited; registration is first come, first served.
Free for CIArb New York Branch Members; $50 for others
Submit questions in advance: firstname.lastname@example.org
Arbitrators are increasingly aware of their ethical and regulatory obligations to take reasonable steps to safeguard cybersecurity of arbitration-related information, yet may be left with a myriad of practical questions about technical terms (what is a VPN, for example, and how does it work?), what features to look for when comparing different products and services such as anti-virus and anti-malware solutions or cloud storage, and how to figure out if they are taking advantage of factory built-in protections such as laptop full-disk encryption. In this highly practical, lunchtime program, our aim is to demystify cybersecurity “how-to” with easy-to-implement tips and information that will facilitate working with an IT professional to implement cybersecurity measures tailored to your practice and preferences.
You’ll hear from Darragh Fitzpatrick, an IT professional whose company Tabush Group offers 24-hour IT services to small businesses and solo professionals, lawyer Joshua Druckerman and arbitrator/lawyer Sherman Kahn FCIArb, both of whom advise clients on protective cybersecurity measures and responding to data breaches, and arbitrator Stephanie Cohen FCIArb, co-author of A Call to Cyberarms: The International Arbitrator’s Duty to Avoid Digital Intrusion and member of the ICCA-NYC Bar-CPR Working Group on Cybersecurity in International Arbitration. Former cybercrime prosecutor and arbitrator/lawyer Joseph DeMarco ACIArb will offer final take-aways.
Do you have any burning cybersecurity questions? Though we have a draft agenda, we can’t cover it all and want to prioritize your questions, so please e-mail us at email@example.com if there are particular issues you would like us to cover.
This program is FREE for members of the CIArb New York Branch and $50 for non-members.
Monday, Oct. 29, 2018
The Great Debate: Ad Hoc vs. Administered Arbitration
Registration: 5:00 – 5:30 p.m.
Debate: 5:30 – 6:30 p.m.
CIArb NY Branch Fall Kick-Off
Reception: 6:30 – 8:00 p.m.
Location: SIDLEY AUSTIN LLP 787 Seventh Avenue, New York, NY 10019
On October 29, 2018, Sidley, in conjunction with CIArb New York and CIArb Canada will host a debate discussing the pros and cons of Ad Hoc vs. Institutional Arbitration.
WILLIAM G. HORTON
For Ad Hoc Arbitration, Commercial Arbitrator, Toronto, FCIArb
LOUIS B. KIMMELMAN
For Institutional Arbitration, Partner, Sidley, FCIArb
International Arbitrator, London
There will be no charge for the debate or reception. Space is limited, however; registration is required and early registration is recommended.
Registration is now closed.
Roundtable Lunch with Dr. Jacomijn van Haersolte-van Hof Director General London Court of International Arbitration
When: Thursday, April 6, 2017 at 12:30 – 2 p.m.
Location: Squire Patton Boggs (US) LLP
30 Rockefeller Plaza, 23rd Floor
New York, NY 10112
Dr. van Haersolte-van Hof will discuss recent developments in arbitration at the LCIA as well as Brexit’s anticipated impact, if any, on London as a seat for international commercial arbitration.
Wednesday, March 22nd, 2017
Arbitrating Patent Disputes: Innovative Approaches and New Concerns
Four-location, video-linked conference featuring speakers from the United States and Europe
PANEL 1: Innovative Approaches to Patent Arbitration: Lessons from the Trenches
The program will discuss specific ways to use the flexibility of arbitration to resolve patent-related disputes in a more efficient way than can be done in litigation. Topics to be discussed include effective case management techniques that involve a standard arbitration clause as well as innovative arbitration clauses that include special procedures.
Moderator: Marc Peters, Morrison & Foerster LLP, Palo Alto
Speakers: P. Jean Baker, American Arbitration Association, Washington, DC • Ignacio de Castro, Deputy Director, WIPO Arbitration and Mediation Center, Geneva • Scott Donahey, Independent Arbitrator, Palo Alto • Cynthia Lopez, Global Head Licensing and Litigation, Novartis Services, Inc • Harrie Samaras, Independent Arbitrator, Pennsylvania
PANEL 2: Patent Law: A Public Policy Basis for Vacatur?
The program will examine the circumstances under which a patent arbitration award may (or should) be denied recognition or enforcement under the public policy exception of Article V of the New York Convention. Topics to be discussed include how the public policy exception has been interpreted by American and European courts; what aspects of patent law, if any, qualify as Mandatory Law; and the intersection of patent and competition law.
Moderator: Steven H. Reisberg, Chaffetz Lindsey LLP, New York • Speakers: Annet van Hooft, Bird & Bird, Paris • Sherman Kahn, Mauriel Kapouytian Woods LLP, New York • Grant L. Kim, LimNexus LLP, San Francisco • Charles R. Macedo, Amster, Rothstein & Ebenstein, LLP, New York
Friday, October 14, 2016
11th Annual Fordham International Arbitration and Mediation Conference
Fordham Law School, 150 W 62nd St, New York City
The Branch is a co-sponsor of this annual conference, which this year will focus on “New Developments, New Challenges, and New Ideas in International Dispute Resolution.” Panels will discuss the arbitrator’s role in settlement, emergency arbitrators and interim measures, the enforceability of awards set aside at the seat, issues in Latin America and cyber security and artificial intelligence in arbitration. Organized by conference co-chairs Benno Kimmelman and Edna Sussman, this year’s keynote speaker will be Gerald Aksen and the conference will feature a special pre-conference breakfast organized by ArbitralWomen on “Unconscious Bias.” Additional information about the conference can be found here.
October 27th, November 22nd, and December 14th 2016
The In Camera Breakfast Series:
Exploring Intra-Tribunal Dynamics and Decision-Making
American Arbitration Association, 150 E. 42nd St., New York, NY
Part I: Deliberations
October 26, 2016 (NYIAC)
Part II: Delegation
November 22, 2016 (White & Case LLP)
Part III: Ethical Issues & Misconduct
December 14, 2016 (Dorsey & Whitney LLP)
Please join the NYSBA’s International Dispute Resolution Committee, in cooperation with NYIAC and the Chartered Institute of Arbitrators’ New York Branch, for a three-part series on the inner workings of arbitral tribunals. We will explore different approaches to building tribunal cohesion and collegiality, organizing deliberations, delegating responsibilities among tribunal members and to tribunal assistants, and dealing with arbitrator misconduct.
This series offers a unique opportunity for counsel to better understand how tribunals make decisions and for arbitrators to consider how they might be more effective as co-arbitrators or chairs.
Organized by: NYSBA International Dispute Resolution Committee Co-Chairs Stephanie Cohen & Marc Goldstein
Tuesday, May 3, 2016
Red Flag Alert: Data Security in Arbitration
5:30 – 8:00 p.m.
Debevoise & Plimpton LLP
919 Third Avenue (at 55th St.)
35th Floor Conference Center
New York City
Hosted by Debevoise & Plimpton LLP and co-sponsored by NYIAC, this Branch program focuses on whether the arbitration community is paying adequate attention to data security in arbitration. Discussions include practical approaches for avoiding and handling data security breaches during an arbitration and sources of potential legal and ethical obligations relating to data security. The panel is organized and moderated by Stephanie Cohen, FCIArb, and the speakers include Mark C. Morril, FCIArb of Morril ADR, Jim Pastore and Jeewon Serrato both of Debevoise & Plimpton LLP and Edna Sussman, FCIArb of SussmanADR LLC. To register, please click here and provide your contact details.
Monday, April 18, 2016
2nd Annual GAR Live BITs
The Branch is also a supporting organization of this annual conference, which is chaired this year by Jean Kalicki of Arnold & Porter and Matthew Slater of Cleary Gottlieb Steen & Hamilton. Save the date on your calendars. More information about this conference will be provided shortly.
Tuesday to Saturday, April 12 – 16, 2016
ABA Section of International Law Spring Meeting
Grand Hyatt, New York, NY
The Branch is a cooperating entity of this New York City meeting, which features lively panels on international dispute resolution, including on “What You Don’t Know Can Hurt You: Ethics Considerations When Choosing a Seat of Arbitration,” “Proof of Foreign Law – A Comparison of the Approaches in U.S. Courts and in International Arbitration,” and “The Role of Mediation in Resolving U.S. Claims against Cuba.” More information about the conference and registration information can be found here.
Friday, April 1, 2016
International Arbitration Opportunities in New York City for LL.M. Graduates
4:00 p.m. – 7:30 p.m.
Place: NYIAC and ICDR Hearing Centers, 150 East 42nd Street (between Third & Lexington Avenues), 17th floor
This New York Branch program and reception is designed for international LL.M. students currently enrolled at New York law schools. Panelists include Ank Santens of White & Case (Columbia LL.M. alum), Brian King of Freshfields (NYU J.D. alum) and James Berger of King & Spalding (Fordham J.D. alum). This is a Q&A panel followed by a reception. Branch members are invited to attend the 5:30 p.m. reception. Registration information about this event will be provided shortly.
Thursday, March 17, 2016
4th Annual GAR Live Brazil
9:00 a.m. – 7:00 p.m.
Hotel Unique, Sao Paolo, Brazil
The Branch is a supporting organization of this annual GAR conference, which is organized in association with CAM/CCBC. Chaired by Eduardo Damião Gonçalves of Mattos Filho, Veiga Filho, Marrey Jr. e Quiroga and Adriana Braghetta of L.O. Baptista, Schmidt, Valois, Miranda, Ferreira & Agel, the sessions include “How Different and What are the Challenges of Arbitrations Involving States and State Entities?,” “Private vs. Public Disputes – a View from Inside,” “Anti-Corruption Legislation and Investigation Impacts – Leading Cases Around the World,” and “Focus on So-Called Guerrilla Tactics and Their Use in International Arbitration.” More information about the conference and registration information can be found here.PDF Download (Members Only)
Friday, February 19, 2016
Columbia Arbitration Day 2016 – The System Reexamined: Challenging Assumptions in International Arbitration
9:00 a.m. – 7:00 p.m.
Columbia Law School, New York, NY
Columbia Arbitration Day (CAD) 2016 will focus on cutting-edge issues in both commercial and investment arbitration. This year’s conference will consider new perspectives on issues that have long been accepted as canonical aspects of the system. Four panels will reevaluate preconceptions of international arbitration: the trends and prospects of class arbitration, the role of auxiliaries and associated conflicts of interest, challenges to the system’s legitimacy, and the enforcement of arbitral awards in situations of public international law violations. As a new feature, CAD 2016 will provide ethics credits in addition to CLE credits for an expected total of seven CLE credits. For further information and to register, please visit the CAD 2016 website here.
Friday, January 29, 2016
Resolving Disputes with Companies from Asia: What is the Best Approach?
9:00 a.m. – 7:00 p.m.
UC Hastings College of the Law, San Francisco, CA
This Asia-focused arbitration conference is organized by the North American Branch of CIArb and features an amazing group of speakers, including Sundra Rajoo from Malaysia, incoming Chartered Institute President and Director of the Kuala Lumpur Regional Centre for Arbitration and Teresa Cheng from Hong Kong, former Chartered Institute President and current Chair of the Hong Kong International Arbitration Centre. The conference brochure and registration information for this exciting practice-focused conference can be found here.
Wednesday, January 27, 2016
Cross-Cultural Mediation: American and European Perspectives
6:00 p.m. – 8:00 p.m.
Foley Hoag LLP, 1540 Broadway, 8th Floor, New York, NY
Organized by CPR and hosted by Foley Hoag, this seminar will be an opportunity to discuss mediation with experienced mediators and practitioners from the United States and Europe. CPR will also introduce its new European Mediation & ADR Guide, a practical tool to help in-house counsel understand the benefits of mediation and how to use it effectively to resolve commercial disputes. The conference brochure and registration information can be found here.
Joint New York Branch and UNCITRAL Conference on the UNCITRAL Guide to the New York Convention
Organizer: CIArb New York Branch and UNCITRAL
Date: October 21, 2015
Place: At the Association of the Bar of the City of New York at 42 West 44th Street in New York City, and at UNCITRAL’s offices in Vienna
Overview: This New York Branch Centenary event will address the UNCITRAL Guide to the New York Convention and feature speakers from both New York and Vienna.
The event will feature video-linked conference venues in New York City (at the Association of the Bar of the City of New York at 42 West 44th Street) and UNCITRAL’s offices in Vienna. A separate audience will be present at each venue. The event will be free, streamed onto the Internet for remote attendance, recorded and posted for subsequent free access through the New York Branch and UNCITRAL websites.
An optional ticketed, paid lunch at the Princeton Club in Midtown Manhattan will immediately follow the conference for those at the New York venue and will feature Mr. Gerald Aksen (International Arbitrator and former General Counsel of the AAA) as its keynote speaker.
The Center for International Commercial and Investment Arbitration (CICIA) at Columbia Law School is a major sponsor of this event.
Speakers: Speakers in New York currently include Professor Emmanuel Gaillard and Dr. Yas Banifatemi, both of Shearman and Sterling’s Paris office, and Prof. George Bermann of Columbia Law School. The Vienna speakers currently include Mr. Santiago Villalpando, Head of the U.N. Treaty Section, as well as Mr. Renaud Sorieul and Ms. Corinne Montineri, both of UNCITRAL. More speakers are currently being added to the program.
Contact us for more information.
When: September 24, 2015,
Where: 7 World Trade Center, New York City
This one-day event, co-chaired by Mark Friedman, Debevoise & Plimpton & John Fellas, Hughes Hubbard & Reed, will bring together an elite line-up of institutional and private practice speakers to discuss a variety of topics at the forefront of Arbitration. For speaker list and program updates, here: www.GlobalArbitrationReview.com/NewYork2015. CIArb members are entitled to a discounted registration rate.
For more information, please contact Jason Danes at Jason.Danes@GlobalArbitrationReview.com
Use of Technology in Dispute Resolution
Organizer: The CIArb’s New York and South East England Branches
Date: September 18, 2015
Time: 8:00 a.m. – 12:30 p.m.
Place: In England, at Cantebury Cathedral Lodge, and in New York, at Alston & Bird LLP, 90 Park Avenue, New York City
Overview: This conference will feature a panel discussion followed by a live remote examination, by videoconference, of an international arbitration witness. Counsel will be in Canterbury, England; the witness will be in New York.
Space is limited, so RSVP today to: Lindsey.Fisher@alston.com
Speakers: Charles Brown, CIArb President, Gerard Garcia, Chair of CIArb South East Branch, Sir Vivian Ramsey, former High Court Judge, International Judge in the Singapore International Commercial Court, Paul Darling, QC, Head of Keating Chambers, Andrew Parsons, CIArb Southern Branch Chairman, Tom Halket, Partner Halket Weitz LLP and CIArb New York Branch Vice-Chair
BREAKFAST & NETWORKING: 8:00 A.M. – 8:30 A.M.
Session 1: 8:30 a.m. – 10:30 a.m.
Perspectives on the present and future use of technology in dispute resolution.
COFFEE & TEA: 10:30 A.M. – 10:45 A.M.
Session 2: 10:45 a.m. – 12:30 p.m.
The session will include a remote arbitration witness examination, conducted by video-link, with our colleagues in the South East Branch in Canterbury, England.
Tom Halket, New York Branch Vice Chair, will be participating from Canterbury.
The State Bar of New York has approved this program for 4.5 CLE accreditation hours.
When: Week of May 11, 2015
Where: New York International Arbitration Center (NYIAC), 150 East 42nd Street, New York City
CIArb New York Branch Joint Columbia University Law School Course on International Arbitration.
A systematic and comprehensive examination of the law and practice in international arbitration. The course, compressed into a week’s time with both lecture and interactive segments, is designed for arbitrators, advocates, in-house counsel and others interested in international arbitration. The course is jointly provided by Columbia University School of Law, through its Center for International Commercial and Investment Arbitration (CICIA), and the Chartered Institute of Arbitrators (CIArb), through its New York Branch.Download the Course Report
Date: Wednesday, February 25, 2015
Times & Locations:
12:00 Noon Eastern
30 Rockefeller Plaza
12:00 Noon Eastern
2550 M Street, NW
5:00 p.m. GMT
7 Devonshire Square
6:00 p.m. GMT+1
4 Avenue Velasquez
6:00 p.m. GMT+1
Topic: A 90-Minute Introduction for Contract Drafters, Litigation Counsel, IDR Advocates and Arbitrators. UNIDROIT Principles Working Group participants speaking from five video-linked locations will address practical topics and answer questions from all locations. A light lunch will be served in New York and Washington D.C.; refreshments will be served in London, Paris & Frankfurt. There is no charge for members of sponsoring organizations.Listen To The Record Event Now
When: Thursday and Friday, November 6 and 7, 2014
Designed for potential parties in mediation and arbitration, the Workshops will take participants through the main stages of the WIPO mediation and arbitration procedures, including case management techniques. Participants may register for one or both Workshops.
When: Wednesday, November 5, 2014, 8:00 AM to 2:30 PM
Where: Harvard Club, New York City
Join U.S. and Brazilian business leaders, government officials and sector specialists at the 2014 Brazil Infrastructure Investments Forum. We will continue to deepen the debate of strategic areas in the infrastructure sector and opportunities for investment in Brazil.
BROWN-BAG LUNCH LECTURE
When: October 29, 2014, from Noon to 2 p.m. EDT
Where: Hinshaw & Culbertson LLP
800 Third Avenue (between 49th and 50th Streets), 13th floor
New York, New York 10022
Topic: Enforcement of Foreign Arbitral Awards in Australia, Hong Kong, Indonesia and Singapore
When: Friday, 19 September 2014
Where: University Club, New York City
Chaired by: David W. Rivkin, Debevoise & Plimpton and Pierre Bienvenu, Norton Rose Fulbright
When: February 28, 2014, from Noon to 2:30 p.m.
What Should Judges Do? A distinguished international panel share views of the judicial role in reviewing awards of investor-state arbitration panels, with reflections on Canada’s experience in the Cargill v. Mexico NAFTA case as we await the US Supreme Court decision in the BG Group v. Argentina case.
When: January 16-18, 2014
Where: New York International Arbitration Center and International Centre for Dispute Resolution, New York City
A unique opportunity for international arbitration practitioners to improve their advocacy skills in a learning-by-doing workshop.
When: December 5, 2013
Emergency relief for problems that will not wait.