06-07Nov

New Frontiers of ADR: From Commercial and Investment Matters to Regulatory Violations

Montreal, Canada, • English

A Conference presented by the IBA Mediation Committee and the IBA North American Regional Forum, co-organised by the International Chamber of Commerce (ICC), McGill University and the University of Montreal

Description

This conference will include the following topics:

  • The growing success and the new challenges of international mediation: comparing North and South Americas
  • The crisis of investor-state disputes: can mediation offer the way out?
  • Negotiated settlements in regulatory matters (fraud, sanctions, tax) as a form of Alternative Dispute Resolution
  • Comparative approaches to ethics, transparency, third party funding and financial interests in arbitration and mediation proceedings

Programme

Tuesday 6 November

18:00 – 20:00Welcome reception

McGill Faculty Club and Conference Centre

Wednesday 7 November

08:15 – 09:00Registration
09:00 – 09:10Welcome and Introduction

–    Jalal El Ahdab
–    Alexander G. Fessas
–    Professor Fabien Gélinas

09:10 – 09:30Keynote speaker

Donald M McRae

09:30 – 11:15The growing success and the new challenges of international mediation: comparing North and South America

This panel will focus on mediation as a rising alternative to arbitration, with reference to the regional example of Asia.

Speakers will discuss the forthcoming UNCITRAL Convention on the Recognition and Enforcement of Conciliated Settlement Agreements along with the potential for new ethical requirements for mediators and mediation centres. The comparative practice of international mediation, in the United States and Canada, but also in Brazil and Mexico, will be also a major theme of debate for this panel.

Moderator

–    Professor Fabien Gélinas

Panellists

–    Henri C Alvarez QC
–    Julie Bédard
–    India Johnson
–    Luíza Kömel
–    Corinne Montineri
–    Fernando Navarro Sánchez

11:15 – 11:45Coffee/tea break
11:45 – 13:00The crisis of investor-state disputes: can mediation offer the way out?

Building on the idea of mediation as an alternative to arbitration, this session will discuss the how and why of mediation clauses in bilateral investment treaties. Panellists will explore the use of mediation in investor-state disputes in practice, with reference to the 2012 IBA Rules for Investor-State Mediation.

Moderator

–    Jalal El Ahdab

Panellists

–    Martin Doe
–    Kun Fan
–    Alexander G. Fessas
–    Barry Leon
–    Frauke Nitschke
–    Wolf Von Kumberg

13:00 – 14:30Lunch

Introduction

–    Gary Birnberg

Speaker

–    Justice Babak Barin

14:30 – 16:00Negotiated settlements in regulatory matters (fraud, sanctions, tax) as a form of Alternative Dispute Resolution

This session will explore how negotiations and alternative dispute resolution (ADR) principles can be applied when representing clients in foreign bribery enforcement actions, specifically in countries where it is possible to reach a settlement arrangement with the relevant law enforcement authorities (for example, Non-Prosecution Agreements, Deferred Prosecution Agreements and Plea Agreements in the United States and Deferred Prosecution Agreements in the United Kingdom). The panellists will also compare the prevailing and current systems in the UK, US and Canada with other new laws in Europe, such as in France (Loi Sapin II) to introduce such possibilities for negotiated sanctions in other countries.

Moderator

–         Paul Lalonde

Panellists

–         Douglas Breithaupt
–         Timothy G Cameron
–         Stéphane de Navacelle
–         Nicholas Gould
–         Stefan Hoffman-Kuhnt
–         Norm Keith

16:00 – 16:30Coffee/tea break
16:30 – 17:45Comparative approaches to ethics, transparency, third party funding and financial interests in arbitration and mediation proceedings

The concluding session will examine the various scenarios in which corruption can arise in the context of international arbitrations and mediations. It will analyse the roles of parties, counsel, tribunals and mediators in effectively preventing and combatting corruption in such proceedings and discuss the dichotomy between confidentiality and transparency. In doing so, it will discuss the 2014 UNCITRAL Rules on Transparency in Treaty based

Investor-State Arbitration as a model for mediation. The options for sanctioning corruption in arbitration and mediation proceedings will also be discussed, including the remedies available to arbitrators and mediators, such as referring suspicions

of corruption to competent national law enforcement authorities or international bodies or issues of fraudulent consent awards.

Moderator

–         Marie-Claude Rigaud

Panellists

–         Gary Birnberg
–         Laurence Burger
–         Alexandra Dosman
–         Isabelle Michou
–         Caline Mouawad
–         Diana Paraguacuto Maheo
–         Professor Janet Walker

17:45 – 18:00Concluding remarks

–         Paul Lalonde
–         Marie-Claude Rigaud

19:00Conference dinner

Restaurant Mkt, 2044 Metcalfe, Montreal

Entry is by ticket only, using the bar code on your badge.

Ticket price: US$75

See Information for details.

Speakers

Henri C Alvarez QCVancouver Arbitration Chambers, Vancouver
Justice Babak BarinSuperior Court of Quebec, Montreal
Julie BédardSkadden Arps Slate Meagher & Flom, New York/São Paolo; Co-Chair, IBA Arbitration Committee
Gary BirnbergJAMS, Miami; Senior Vice Chair, IBA Mediation Committee
Douglas BreithauptGeneral Counsel, Criminal Law Policy Section, Department of Justice Canada, Ottawa
Laurence BurgerLandolt & Koch, Geneva
Timothy G CameronCravath Swaine & Moore, New York
Martin DoePermanent Court of Arbitration, The Hague
Alexandra DosmanVannin Capital, New York
Jalal El AhdabGineste Magellan Paley-Vincent, Paris; former Chair, IBA Mediation Committee
Kun FanAssociate Professor of Law, Faculty of Law, McGill University, Montreal
Alexander G. FessasSecretary General, ICC International Court of Arbitration and Director, ICC Dispute Resolution Services, Paris
Professor Fabien GélinasSir William C Macdonald Chair, Faculty of Law, McGill University, Montreal
Nicholas GouldFenwick Elliott, London
Stefan Hoffman-KuhntPresident and Managing Director, Pohlmann & Company, Frankfurt
India JohnsonPresident and Chief Executive Officer, American Arbitration Association-International Centre for Dispute Resolution, New York
Norm KeithFasken Martineau Dumoulin, Toronto
Luíza KömelLegal Deputy Secretary-General, CAM-CCBC, São Paulo
Paul LalondeDentons Canada, Toronto; Council Member, IBA Legal Practice Division
Barry LeonArbitration Place, Tortola
Donald M McRaeHyman Soloway Chair and Emeritus Professor, Faculty of Law – Common Law Section, University of Ottawa, Ottawa
Isabelle MichouQuinn Emanuel, Paris
Corinne MontineriLegal Officer, International Trade Law Division, UNCITRAL, Vienna
Caline MouawadKing & Spalding, New York
Stéphane de NavacelleNavacelle, Paris; IBA Council Member, Ordre des Avocats de Paris
Fernando Navarro SánchezJAMS, Mexico City
Frauke NitschkeLegal Counsel, ICSID, Washington DC
Diana Paraguacuto MaheoNgo Jung & Partners, Paris
Marie-Claude RigaudVice Dean, Faculty of Law, Montreal University, Montreal
Wolf Von KumbergArbDB Chambers, London
Professor Janet WalkerArbitration Place, Toronto

Logistical notes

Venue

McGill Faculty Club and Conference Centre
3450 McTavish Street
Montreal
Quebec H3A 0E5

Social programme

Tuesday 6 November
18:00 – 20:00 Welcome Reception, McGill Faculty Club and Conference Center, 3450 McTavish Street, Montreal
All registered delegates and guests are invited to attend the Welcome Reception.

Wednesday 7 November
19:00 – 22:00 Conference Dinner, Restaurant Mkt, 2440 Metcalfe, Montreal
Restaurant Mkt is conveniently situated close to McGill University. Chef Marino Tavares uses as many locally sourced ingredients as possible to offer unique blends of Mediterranean food. Join us for a three-course meal in bright, airy surroundings to relax and network with fellow delegates.
Dinner fee: US$ 75. Entry is by ticket only, using the barcode on your badge.

Social event places cannot be guaranteed unless payment has been received before 1 November 2018, subject to availability

For more information about travel and accommodation, please check the Conference website

Registration

Register online by 31 October 2018 at the Conference website and make payment by credit card to avail of the 10% online registration discount or complete the registration form that can be found in the Conference brochure and return it to the Conference Department at the IBA together with your bank transfer/cheque payment. You should receive an email confirmation of your registration within five days; if you do not, please contact confs@int-bar.org.

Sponsorship Opportunities

For details of how to become a sponsor for this event, email Andrew Webster-Dunn, Head of Sponsorship, International Bar Association.

Registration Fees

Online registrations received:on or before 28 Septemberuntil 31 October
ICC / IBA / AAA / CIArb / ICSID / PCA member*$530$645
Non-member**$695$810
Young lawyers (under 30 years)$395$810
Academic (full time)$395$810
Public lawyers$395$810
Corporate counsel***$480$810
Guest$65$65
Conference dinner$75

After 31 October registrations must be received in hard copy at the IBA office.

Hard copy registration forms and fees received:on or before 28 Septemberafter 28 September
ICC / IBA / AAA / CIArb / ICSID / PCA member*$590$715
Non-member**$775$900
Young lawyers (under 30 years)$440$900
Academic/Judges (full time)$440$900
Public lawyers$440$900
Corporate counsel***$440$900
Guest$65$65
Conference dinner$75

* Members of AAA, CIArb, ICSID, Permanent Court of Arbitration and ICC may register at the IBA member rate. Please download the registration form and return to the IBA office. Registration can only be accepted in hard copy. The relevant online fee will be charged.

** By paying the non-member fee, we welcome you as a delegate member of the IBA for the year in which this conference is held, which entitles you to the following benefits:

  • Password access to certain parts of the IBA website.
  • Receipt of IBA E-news and access to online versions of IBA Global Insight.
  • Pay the member rate

*** A reduced rate is offered to IBA Corporate Group Members. Please register online to obtain a 25% discount on the IBA Member fee

Hours & Credits

The number of CPD/CLE hours available may vary depending on the rules applied by the members’ bar association/law society on time recording criteria.

For conference delegates from jurisdictions where CPD/CLE is mandatory, the IBA will provide a Certificate of Attendance for the conference. Subject to CPD/CLE requirements, this can be used by conference delegates to obtain the relevant number of hours’ accreditation.

A CPD/CLE Certificate of Attendance is available to conference delegates on request. Please ask at the IBA conference registration desk for information on how to obtain the certificate.

Contact

  • IBA Conference Department
  • +44 (0)20 7842 0090