International Arbitration: Practical Tips and Best Strategies
Recording Available: Wednesday, July 15, 2020
International arbitration has historically been considered a cheaper and faster way than litigation to settle disputes. However, some question whether that remains true today in light of the so-called “due process paranoia,” where tribunals allow too much procedural latitude at the expense of additional time and cost to the parties. Before choosing international arbitration as a resolution method, in-house counsel need to understand the current pros and cons of this dispute resolution method. And with an ever-evolving backdrop, litigators need up-to-date knowledge and strategies to gain favorable results for their clients, including understanding the different international arbitration regimes, how best to research potential arbitrators’ backgrounds, best practices for framing the matter to the tribunal, cost-effective and results-driven discovery techniques, and data protection and enforcement of settlement arrangements.
Join arbitration lawyers John Michael McNutt (Lazareff Le Bars) and Ana C. Reyes (Williams & Connolly LLP) as they provide an in-depth analysis of the recent trends and hot issues in the evolving field of international arbitration. They will also offer helpful insights on how to best address potential pitfalls as well as strategies to effectively navigate this landscape.
Key topics include:
- International Arbitration – Recent Significant Issues
- Potential Pitfalls and How to Address Them
- Implications of COVID-19
- Best Strategies
- What’s Ahead?
John Michael McNutt, Senior Litigation Advisor & Of Counsel
Lazareff Le Bars
- Arbitration as an investment: Claimant SWOT analysis & budgeting vs Respondent defense & Counterclaim analysis including determination of Panel Members and the Applicable Rules
- Jurisdictional challenges, Parallel Proceedings & Preliminary Injunctive Relief
- Merits considerations in multi-cultural Tribunals: Burden of Proof requires Clear Causal Link and Direct Damages
- COVID impact on Case Strategies- Procedural considerations as well as use of Witnesses & Experts
Ana C. Reyes, Partner
Williams & Connolly LLP
- Current issues in international arbitration, including litigating and conducting hearings in the age of COVID.
- The most important in-house counsel decision: choosing your party-appointed arbitrator.
- The most important outside-counsel role: framing the case for the arbitrators from day one.
- Practical steps to ensure the efficiency and cost-effectiveness of international arbitration.
Who Should Attend:
- Arbitration Practitioners
- Dispute Resolution Lawyers
- In-House Counsel
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.
A former US and EU-based investment banker as well as a manager/director based in Europe with two of the ‘Big Four’ accountancy firms, Michael possesses extensive knowledge and experience in the formulation of investment strategies (including PPP or other State Aid schemes), post-acquisition restructuring and its implementation, as well as accountancy (IAS, US GAAP etc.) and valuations/damages assessment.
Michael’s investment and privatisation advisory experience involving both Investor – State contracting as well as commercial merger & acquisitions in transition and developing economies is relevant in particular for understanding the financial basis for the dispute and quantification of damages. Prior to the commencement of a dispute, Michael often works with the client to confirm an estimated quantum of damages that may be used as a benchmark for settlement discussions. In addition, and in the event settlement is not possible, Michael routinely assists testifying damages experts in the formulation of the damages model, collection and providing evidence to support the model collected from the client and ensuring that such evidence (including witness evidence) complements the evidence used to support the legal claim prepared by legal counsel.
Michael has been particularly effective in providing valuable insight for the construction of the settlement and litigation strategy to ensure that evidence and witness collection is relevant, time efficient and cost effective for clients. His experience and understanding how transition economies developed with foreign aid and attraction of investments combined with such dispute- sensitive witness mapping and evidence collection supports the legal strategy with the strong evidentiary tools and insight into the origin of the dispute and mitigating or complicating factors.
In certain instances, Michael has acted as interim manager of the domestic legal entity which may be required to litigate as claimant and to ensure that corporate managers can be redeployed by firms which aids in limiting the risk of intimidation or harassment of management that may occur during the dispute. As a result, Michael has also testified before courts and arbitration panels on various occasions in support of claims or in the defense against claims.
His negotiation skills are relevant and Michael has been particularly effective in settlement of disputes related to investments involving a partner from a more mature market dealing with either governments or firms locally executing a commercial arrangement in a dynamic local legal environment (i.e. Hungary, Romania, Mongolia, Brazil, Russia, etc.).
Michael is responsible for assisting clients in preparing case investment budgets, managing the execution of case investment model and where required to assist in the payment of all 3rd party experts, administration and other expenses. Working therefore systematically with the client, support for the claiming of litigation expenses and confirmation to the client for internal or audit purposes of dispute expenditure and forecasted expenditure is possible and can greatly reduce the time that client management or in-house counsel needs to spend on such administrative matters.
Michael is a Senior Litigation Advisor & Of Counsel with more than 20 years practice in investment and commercial arbitration. …
Ana Reyes Co-Chairs the firm’s International Disputes practice group and focuses her practice on complex litigation and international arbitration. She has handled matters involving foreign governments, foreign officials, multi-national corporations, and international organizations, representing clients throughout the world. Along with her admissions to Bars of the United States, Ana is listed on the Roll of Solicitors in England and Wales. And she is a Clinical Visiting Lecturer at Yale Law School, where she co-teaches Advocacy in International Arbitration.
In 2017, Ana was named as the D.C. Women’s Bar Association’s Woman Lawyer of the Year in recognition of her international litigation practice and for her efforts in representing the rights of those seeking asylum in the United States. She has also been named by Benchmark Litigation as a "Local Litigation Star" in International Arbitration (2019-2020), and she has been named by The National Law Journal in its Winning Litigators list, which recognizes trial attorneys who, “scored great results for clients in high-stakes matters” (2018).
Ana was born in Montevideo, Uruguay, and grew up in Louisville, Kentucky. She received her B.A., summa cum laude, from Transylvania University in 1996. She received her J.D., magna cum laude, from Harvard Law School in 2000, where she was an editor of the Harvard Law Review. In 2014, Ana also received a Master’s in International Public Policy, with distinction, from the Johns Hopkins University, School of Advanced International Studies.
Ana Reyes Co-Chairs the firm’s International Disputes practice group and focuses her practice on complex litigation and international arbitration. She …
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Method of Presentation:
General knowledge of dispute resolution
NY Category of CLE Credit:
Areas of Professional Practice
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About Lazareff Le Bars
Lazareff Le Bars is a boutique firm specialized in international dispute resolution.
Our teams are involved in institutional and ad hoc arbitration, spanning from traditional and complex legal proceedings, institutional mediation and conciliation, to alternative dispute resolution (dispute board, expert opinions, etc.).
To this day, our professionals have been involved in over 250 ad hoc and institutional arbitration proceedings (including ICC, LCIA, ICSID, CCJA, UNCITRAL, ICDR/AAA, CEPANI, SIAC, HKIAC, DIAC, MIAC).
Our lawyers have a thorough understanding of ADR (alternative dispute resolution) and have successfully led several mediations and conciliations, including disputes involving governments and state entities.
Our lawyers draw on their in-depth experience to allow each client to settle their dispute amicably and encourage parties, when appropriate, to maintain their business relationships.
About Williams & Connolly LLP
Williams & Connolly is recognized as one of the world’s premier litigation firms. Our lawyers successfully handle significant civil and criminal matters in courts across the country and forums around the world. We bring a unique blend of talent, tenacity and teamwork to every case we handle in the relentless pursuit of the best possible outcomes for our clients.