Legal Series: International Arbitration in 2013
International Arbitration is being acknowledged as one of the most effective methods being used by companies to resolve cross border disputes and lawsuits. Our panel of key thought leaders and practitioners will offer a refresher and updates on the latest and significant issues surrounding this year’s International Arbitration to avoid common ethical pitfalls and most importantly, how to best handle ethical problems and situations.
This two-hour LIVE webinar will address the key following issues:
· International Arbitration 2013: an Overview
· Using U.S. courts in aid of international arbitration
· Emerging venues: Brazil, Japan, Spain and Egypt
· The international arbitrator’s point of view and best practices
Patrick M. Norton, tiPartner, Co-Chair, International Arbitration Practice Group tle,
Steptoe & Johnson LLP
A View from the Arbitrators’ Perspective
- Selecting a panel: What do you need to look for when you appoint an arbitrator? What contacts with the candidates are appropriate? What role do the parties play in selecting the chair? What do you look for in a chair?
- Balancing fairness and expediency: The parties to an arbitration want a fair opportunity to have their claims heard and a reasonably expeditious, cost-effective procedure. How do you balance the two? To what extent should the procedures be shaped by the parties’ expectations from their own legal systems?
- How important is a consensus award? Are trade-offs to get to a consensus worth it? When should an arbitrator file a dissent? What effect should the dissent have the majority opinion?
Wendy Kennedy Venoit, Partner,
McElroy, Deutsch, Mulvaney & Carpenter, LLP
- International arbitration overview – what it is intended to achieve and the “pros” to it – particularly with respect to international commercial transactions involving parties or states that do not have well developed or reliable legal systems / laws.
- Is international arbitration achieving its stated goals of providing an efficient and cost effective means to resolve disputes?
- What can the parties and arbitrators do to make international arbitration more cost effective and efficient so that the parties are satisfied with the process (even if they are not ultimately satisfied with the result)?
- What innovative approaches exist which can lead to a more efficient and satisfactory process?
Martin F. Gusy , Member, Chair, International Arbitration Practice Group,
- Procedural overview of international arbitration and courts – Top-level stages of an arbitration in need of court involvement and why might the parties need judicial assistance at all?
- What judicial assistance do U.S. courts give with regard to an international arbitration in correspondence with these stages? What types are helpful?
- How do U.S. courts provide so-called relief “in aid of arbitration”? Examples and Explanations.
Who Should Attend:
– Attorneys defending class actions
– International Arbitration Law Attorneys
– In-House Counsel
– Legal Consultants
– General Counsel & Vice President of Human Resources Public Companies
– HR and personnel professionals
– Employment law advisors
– In-house lawyers and solicitors
– Private practitioners
– Other professionals who are involved in the arbitration of international disputes
Patrick M. Norton is a partner in the London and Washington offices of Steptoe & Johnson LLP and is Co-Chair of the firm’s International Arbitration Practice Group. Mr. Norton previously practiced law for more than 20 years with other leading law firms, including more than six years in China. He also served in the US State Department as Assistant Legal Adviser for East Asia and later for the Near East and South Asia. Mr. Norton represented the United States in more than 100 arbitrations before the Iran-US Claims Tribunal and in Nicaragua vs. United States before the International Court of Justice.
Mr. Norton also has extensive experience in international commercial arbitration and trade disputes. He regularly serves as an arbitrator under the rules of various international arbitration institutions. Mr. Norton is the author of numerous articles on public and private international law and is a co-editor of The International Lawyer’s Deskbook (2d ed. 2002).
Mr. Norton is a graduate of the University of Pennsylvania, Oxford University, and the Harvard Law School. He is a former Rhodes Scholar. Mr. Norton is proficient in Mandarin Chinese, French, and German.
Patrick M. Norton is a partner in the London and Washington offices of Steptoe & Johnson LLP and is Co-Chair …
WENDY KENNEDY VENOIT is a partner with the law firm, McElroy, Deutsch, Mulvaney & Carpenter, LLP, working out of its Connecticut office. Her practice is concentrated on construction litigation and dispute resolution. Ms. Venoit has litigated in state and federal forums throughout the country, and has mediated and arbitrated construction disputes both nationally and internationally before the LCIA, ICC, ICDR, JAMs, and AAA. She also serves as an arbitrator and is a member of the Construction Panel of the AAA, the ICDR panel of neutrals, the CPR Institute Distinguished Panel of Neutrals (Construction Panel, Insurance and Policyholder Panel, and Boston at large Panel), and is a Member of the Chartered Institute of Arbitrators. She also counsels clients with respect to claims that arise during the course of construction projects so as to avoid litigation and achieve resolutions that are optimal to the client. She also has extensive experience in both prosecuting and defending complex insurance coverage disputes. Ms. Venoit is the Treasurer of the Connecticut Chapter of the Professional Women in Construction (PWC), after serving as President (2007-2009, 2011-2012), Secretary (2005-2007), General Counsel, and as a Board member (2010-2011). Ms. Venoit is heavily involved in the ABA Forum on the Construction Industry, and is currently serving on the Forum Governing Committee and as Chair of the Membership Committee of the Forum. She is a former Chair of the International Construction Division (Division 8) and was co-chair of the 2009 Midwinter Meeting. She is the Governing Committee liaison for the 2014 Annual Meeting in New Orleans. She is also a member of the International Construction Projects group of the International Bar Association. She was the Treasurer of the Lawyers Collaborative for Diversity from 2009-2013. Ms. Venoit has lectured and authored articles on the topics of International Dispute Resolution, insurance coverage issues arising out of construction defects, E-Discovery, ethics, and legislation and issues affecting the construction industry. Ms. Venoit was the Executive Editor of “International Construction Law,” published by the ABA Press in the Fall 2009, and co-authored a chapter on construction manager tort liability in the “Design Professional and Construction Law” handbook (ABA Press). Ms. Venoit was named in the 2013 International Who’s Who of Construction Law, by the Hartford Business Journal as one of its “40 under Forty” business professionals and by the National MS Society Connecticut Chapter as one of the “2008” Corporate Achievers”, and is a past recipient of the Connecticut Law Tribune’s New Leaders of the Law Award. She is ranked AV Preeminent by Martindale-Hubbell. Ms. Venoit received a B.A. degree in economics and Spanish from the College of the Holy Cross, and a J.D. degree, magna cum laude, Valedictorian, from Pace University School of Law. While attending law school, Ms. Venoit was an editor on the Pace Law Review and authored multiple publications. Ms. Venoit is admitted to the State and Federal bars of Connecticut, New York, and New Jersey, as well as the Second and Third Circuit Courts of Appeals.
WENDY KENNEDY VENOIT is a partner with the law firm, McElroy, Deutsch, Mulvaney & Carpenter, LLP, working out of its …
Martin Gusy joined Cozen O’Connor’s New York office in 2013 as a member in the firm’s International Arbitration and Litigation practice and is the chair of Cozen O’Connor’s International Arbitration Practice Group. Martin has more than a decade of experience as an international dispute resolution attorney and was formerly the head of Gusy Van der Zandt LLP’s Litigation & Arbitration practice. Gusy Van der Zandt was the 2010 Corporate Intl Magazine “International Arbitration Advisory Firm of the Year in the USA.” Martin also regularly advises European businesses in the process of setting up their U.S. structures.
Martin has represented domestic and international parties in about 100 U.S. court and international arbitrations. His arbitration experience includes legal work in more than 50 international arbitrations as counsel and 17 cases as an arbitrator (both commercial and investment (AAA/ICDR, ICSID, ICC, LCIA, DIS, VIAC, UNCITRAL, ad hoc)). These matters include technology, energy, manufacturing, distribution, agency, IP licensing, construction, mining, joint venture and postmerger disputes. Martin has also represented oil & gas and energy companies in disputes resulting from investments in Europe, Latin America, the Middle East and Asia.
In January 2011, Martin was listed as a Leading Lawyer 100 in the field of Dispute Resolution by Lawyer Monthly. Martin is a member of the AAA/ICDR Roster of Arbitrators and Mediators, the Chartered Institute of Arbitrators (MCIArb) and coauthor of A Guide to the ICDR International Arbitration Rules published by Oxford University Press.
Martin Gusy joined Cozen O’Connor’s New York office in 2013 as a member in the firm’s International Arbitration and Litigation …
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About Steptoe & Johnson LLP
Steptoe & Johnson LLP has an international reputation for vigorous representation of clients before governmental agencies, successful advocacy in litigation and arbitration, and creative and practical advice in guiding business transactions. The firm currently has over 500 lawyers and other professionals across offices in Beijing, Brussels, Century City, Chicago, London, Los Angeles, New York, Phoenix, and Washington, DC. Steptoe has leading practices in: international arbitration, international trade, public international law, complex litigation, intellectual property, energy and natural resources, antitrust, white-collar criminal defense, international regulation, and FCPA/anti-corruption. Steptoe’s lawyers are consistently ranked as leaders in their fields by Chambers USA, Chambers Asia, Chambers Global, Legal 500, and Best Lawyers in America.
About McElroy, Deutsch, Mulvaney & Carpenter, LLP
About Cozen O’Connor
Established in 1970, Cozen O’Connor has 575 attorneys who help clients manage risk and make better business decisions. The firm counsels clients on their most sophisticated legal matters in all areas of the law, including international arbitration, litigation, corporate, and regulatory law. Representing a broad array of leading global corporations and middle market companies, Cozen O’Connor serves its clients’ needs through 23 offices across two continents.