PATHWAYS PARTNERSHIP IB LTMORE HOTEL MARCH 2-4, 2017 CORAL GABLES FLORIDA
PATHWAYS TO PARTNERSHIP There is a proverbial “Chinese Curse” – May he live in interesting times. Robert F. Kennedy referenced it in a 1966 speech, citing times of danger and uncertainty but also unprecedented creativity. You could argue that it’s extraordinarily meaningful, but the only problem is that it’s actually not Chinese, and actually not a curse. In fact, it appears to have originated from a nineteenth century speech by a British politician and statesman, Joseph Chamberlain, the only man to have split both major British parties in the course of his career and the father of Neville Chamberlain. As he put it: “I think that you will all agree that we are living in most interesting times. I never remember myself a time in which our history was so full, in which day by day brought us new objects of interest, and, let me say also, new objects for anxiety.” Needless to say, the more things change, the more they remain the same. As we continue to experience “interesting times” and, most recently, a downward spiral in the nature of not-so-civil discourse, the need for improved understanding and use of effective approaches to dispute prevention and resolution only grows. What is true for our
society as a whole is also true for commercial dispute resolution. Treaty-based arbitration is being challenged as a violation of state sovereignty, ethical concerns are being raised in both investor-state and broader commercial arbitration contexts. As the use of mediation grows, calls for national and international standards increase, as does the need to identify new and better ways to resolve disputes. Across the board, there is a pressing need to find preventative techniques that can nip disputes in the bud. The importance of these issues is reflected in the pending proposals for multilateral negotiations to address these issues within the United Nations Commission on International Trade Law (UNCITRAL), as well as new approaches being developed at national and institutional levels. Where we will end up is not clear, but one thing is: Change is in the air. Join CPR and our esteemed colleagues for the 2017 Annual Meeting as we examine these and other issues and join forces in a partnership to find pathways forward in interesting times. Register today at www.cprmeeting.org.
2017 Miami Steering Committee JOSE ASTIGARRAGA Astigarraga Davis
MAURICIO GOMM SANTOS GST LLP
JUDITH KORCHIN Holland & Knight
Law Office of Deborah Mastin, P.A.
CARLOS F. CONCEPCION Jones Day
2017 CPR Annual Meeting Advisory Committee
We would like to extend our thanks to the 2017 Annual Meeting Advisory Committee, whose efforts on behalf of CPR have made this event possible: MARK C. BAKER
JOHN B. PINNEY
RICARDO H. PUENTE
HON. WILLIAM BASSLER
LAWRENCE S. SCHANER
DANIELLE G. STOCK
C. MICHAEL MOORE
JOHN M. LANDE
JOHN HON. WAGNER
Norton Rose Fulbright Shook, Hardy & Bacon LLP
KATHERINE BENESCH Benesch & Associates
Bickerman Dispute Resolution PLLC
MELANIE BLUNSCHI Latham & Watkins LLP
Williams & Connelly
TAI-HENG CHENG Quinn Emmanuel
STEVEN COMEN Goodwin
VANESSA DUVANEL ALARCON White & Case LLP
Sutherland, Asbill, & Brennan LLP Hogan Lovells US LLP
Sponsel Miller Greenberg PLLC Blank Rome LLP Sidley Austin
Kelley Drye & Warren LLP Debevoise & Plimpton LLP Lampert ADR
University of Missouri School of Law Wartsila Corporation
Williams & Connelly Stanford Law School Schiff Hardin LLP Dentons
Fitzpatrick, Cella, Harper & Scinto Lazareff Le Bars
Paul Hastings LLP
Graydon, Head & Ritchey LLP Jones Day Jones Day
Jenner & Block LLP Sedgwick LLP Pfizer Inc.
University of Missouri School of Law Freeborn & Peters LLP
Wagner Law Firm, P.C. Jenner & Block LLP
Join Us at the Biltmore Hotel in Coral Gables – Miami, FL CPR’s 2017 Annual Meeting promises to be the latest in a series of exceptionally engaging events. Once again, meeting panelists and participants will include an outstanding group of General Counsel, leading practitioners, noted academics and jurists, and expert international arbitrators and mediators. Keynote speakers will include Jan Paulsson, the noted international arbitration scholar and practitioner who has acted as advocate or arbitrator in hundreds of arbitrations in all familiar venues. Jan is the immediate past President of the London Court of International Arbitration and the International Council for Commercial Arbitration, has served as a Vice-President of the ICC International Court of Arbitration, and holds the Michael Klein Distinguished Scholar Chair as professor of law at the University of Miami. On Day One, the panels will begin with “The Rise of the Legal COO” a panel exploring the roles of Chief Operating Officers, in companies and in law firms, as clients and counsel incorporate dispute resolution as an important element of defining value in their relationships. The next panel, “Dispute Resolution in the Caribbean”, takes advantage Miami’s special role as a center for dispute resolution in Latin America and addresses a range of issues, including emerging opportunities in Cuba. The afternoon of Day One will begin with “Court Ordered Mediation in Practice – The Florida Model”, taking advantage of Florida’s leading role in developing highlyeffective court annexed mediation to enable a robust discussion of what works and why. The next panel.
Noah Hanft President & Chief Executive Officer
“Facilitating Settlements: Does the Arbitrator Have a Role” then turns to methods of enabling settlements in the course of arbitral proceedings while maintaining arbitrator independence and impartiality. Finally, Day One will conclude with “Preventative Lawyering: Lessons Learned from the Construction Industry”, an extended panel addressing techniques to nip disputes in the bud. On Day Two, the panels will continue with Breakout Sessions including an IP panel addressing the impact of changes in the law, judicial decisions and BREXIT on IP disputes around the world, a Y-ADR Skills Training Session, addressing witness cross-examination in arbitration, and a panel on “The Promise of Online Dispute Resolution”. The morning will continue with “Arbitration: Procedural Fairness v. Efficiency”, exploring the tension between reducing delay and expense – a hallmark of arbitral “best practice” – and assuring a fair process. Day Two will conclude with two CPR perennial favorites. First, CPR’s Business Roundtable, during which leading General Counsel from around the world will discuss issues raised in the course of the meeting and strategic issues they face as they implement a thoughtful approach to dispute resolution. Second, we will once again convene a dynamic and interactive Ethics Panel exploring issues involved in balancing arbitral efficiency and fairness, with a specific focus on arbitrator conflicts of interest, developments in disclosure obligations of arbitrators, and disclosure obligations of counsel. We look forward to seeing you at the Biltmore Hotel in Coral Gables-Miami, FL!
Annual Meeting Premium Sponsors
Day 1: Thursday, March 2, 2017 7:00-8:00 am Registration and Networking Breakfast 8:00-8:05 am Welcome Remarks 8:05-8:25 am President and CEO Address
“The 2017 Annual Conference in Miami is another example of CPR’s commitment to developing and promoting international dispute resolution in Latin America and the Caribbean. As an advocate for my clients who care about the Rule of Law in Latin America, I am proud to partner with the CPR in these important initiatives.” Carlos F. Concepcion Partner Jones Day
8:25-8:30 am Introduction of Keynote Speaker 8:30-9:30 am Keynote Address: Jan Paulsson Jan Paulsson previously headed the global arbitration and public international law groups at a leading international law firm, which for many years under his leadership held first place in the Global Arbitration Review list of 100 top international arbitration practices. He has acted as advocate or arbitrator in hundreds of arbitrations in all familiar venues. Jan is the immediate past President of the London Court of International Arbitration and the International Council for Commercial Arbitration and has served as a Vice-President of the ICC International Court of Arbitration. He holds the Michael Klein Distinguished Scholar Chair as professor of law at the University of Miami. Jan is a graduate of Harvard College, Yale Law School (where he was an editor of the Yale Law Journal) , and the University of Paris (Sorbonne).
9:30-10:45 am Session 1: Rise of the Legal COO Contrary to popular belief, the billable hour has not always been the measure of legal value. In the not-so distant past, outside counsel would present clients with a range of choices, including pure contingency, pure billable hours, or a discounted hourly rate with a contingency kicker. This third choice often offered clients the “best ” deal in terms of outcomes and costs, but required a client who would work collaboratively with counsel to assess a case and determine the best path forward. We are in the midst of a return to different approaches to assessing legal value and many firms now have COOs from the corporate sector who assist them to make thoughtful analyses and proposals that incorporate a sophisticated understanding of the role of
ADR in creating a value proposition that is truly effective for both clients and counsel. This panel will address how this approach is reshaping client relationships and client billing in order to provide better outcomes. Moderator Michael Caplan Chief Operating Officer Goodwin New York, NY Panelists David Allen, Mass Mutual Lucy Fato, Nardello & Co. Ronald Prague, Synchronoss Tom Sabatino, Aetna
10:30-11:00 am Coffee Break 11:00-12:00 pm Session 2: Dispute Resolution in the Caribbean Nearly two dozen countries are part of the Caribbean and each country brings different cultural and societal norms. The countries have adopted various civil or common legal systems based on their colonial histories, and because of this, unifying legal traditions can be difficult. However, the harmonization of certain laws and principles across the region is an important step if the Caribbean wants to become a go-to destination for ADR. Given the diverse legal traditions, harmonization presents a challenging, yet important opportunity for the Caribbean. The Organization for the Harmonization of Business Law in the Caribbean (OHADAC) has started the process of harmonizing legal principles across the region and promoting ADR. However, more work is necessary as several nations still seem reluctant to reform their
Day 1: Thursday, March 2, 2017 arbitration laws or adopt common draft laws. If the region continues to stall, they could become outpaced by other areas that are also seeking to promote ADR. This panel will address, given the varied legal traditions of the Caribbean, how the region can further harmonize their laws to promote ADR in the region. Topics discussed may include: • The challenges in reconciling civil and common law principles across a region that has various cultures and languages; • Why certain countries in the region have been reluctant to reform their arbitral laws while others have enacted recent reforms to their arbitral laws; • What role organizations like OHADAC, CPR, and the Caribbean Center of Arbitration should play; and • Whether practitioners in the North America (common law) and South America (civil law) can aid in helping the region harmonize its ADR laws, and how so. Moderator Carlos F. Concepcion Partner Jones Day Miami, FL Panelists Leidylin Contreras, Chamber of Commerce of Santo Domingo Mauricio Gomm Santos, GST LLP Calvin Hamilton, University of the West Indies Ryan Reetz, Bryan Cave Francisco A. Rodriguez, Akerman
12:00-1:00 pm Lunch 1:00-2:00 pm Session 3: Court-Ordered Mediation in Practice – The Florida Model Sharon Press, the Director of the Mitchell Hamline School of Law’s Dispute Resolution Institute in St. Paul, Minn., crafted a revolutionary program of mandatory court-ordered mediation as Director of the Florida Supreme Court’s Dispute Resolution Center. Over time, the program became universal in Florida state trial courts, as well as some appellate courts. While mediation has become a feature of virtually all state court systems, the Florida model is where it began, emphasizing a mediator certification program with continuing education requirements, and permitting
“CPR provides insight into ADR strategies and current trends and best practices in dispute resolution. Networking with other members allows us to compare theory against practice.” Jean-Claude Najar Partner Lazareff Le Bars
litigants to freely select their own neutral, who is paid full commercial rates for their time. The system has institutionalized trained, skill and experienced mediators to resolve their disputes. Sharon will return to the CPR Annual Meeting to moderate a panel that will address how the Florida model drives excellence in court-approved mediation. Moderator Sharon Press Director, Dispute Resolution Institute Mitchell Hamline School of Law St. Paul, MN Panelists Larry Watson, Upchurch Watson White & Max Hon. Jay Cohen, Florida Fifth District Court of Appeal Judge Judy Korchin, Holland & Knight Deborah Mastin, Law Office of Deborah Mastin
2:00 pm - 3:00 pm Session 4: Facilitating Settlements: Does the Arbitrator Have a Role? The CPR Administered Rules, and Swiss and German arbitrators adopt proactive attitudes toward the promotion of settlements. In contrast, common law arbitrators and counsel have always been skeptical of or opposed to arbitrators having any role in settlement facilitation. This panel will explore the Swiss-German approach, including how settlement conferences are conducted under that regime, explain how this approach differs from mediation, explore its potential for preserving business relationships. Using the CPR experience, the panel will also discuss whether U.S. arbitration practice could learn any useful lessons from this approach or whether it is incompatible with arbitrator independence and impartiality and arbitrators’ ethical obligations, including. the controversy over using the same neutral for arbitration and mediation.
Day 1: Thursday, March 2, 2017 Moderator John Buckley Partner Williams & Connolly Washington, DC
Panelists Deborah Mastin, Law Office of Deborah Mastin, PLLC Sarah Biser, Fox Rothschild Scott S. Partridge, Monsanto Company Richard H. Lowe, Duane Morris LLP
Panelists Catherine Amifar, Debevoise Tai Heng Cheng, Quinn Emmanuel Dr. Hansjรถrg Stutzer, Thouvenin Javier Samaniego, Samaniego Law, S.L.
6:00 pm - 7:00 pm Cocktail Reception
3:00 pm - 3:15 pm Coffee Break 3:15 pm - 4:30 pm Session 5: Preventative Lawyering: Lessons Learned from the Construction Industry In the 1970s, the Florida Department of Transportation became one of the first government agencies to adopt the use of dispute boards to resolve claims that arise on its road, bridge, tunnel and rail projects. After implementing DRBs on all its projects, FDOT experienced a significant drop in its litigation and arbitration caseloads. Since that time, pro-active DRBs have been implemented in a variety Florida infrastructure projects, including Miami International Airport, Ft. Lauderdale-Hollywood International Airport, Orlando Airport, Miami Beach Convention Center. These DRBs are primarily tasked with avoiding or at least minimizing claims on these long-term projects, and only as a secondary function act to render recommendations as to liability to the parties. This experience was not lost on Brazilians, who implemented a DRB program for the temporary structures needed for the infrastructure for the Olympic games (also happened at the London Olympics infrastructure program). Experienced construction lawyers, arbitrators and mediators know that this preventative approach minimizes and resolves most construction disputes without any thought of trial. This panel will address how this approach can be deployed in other contexts to nip a problem in the bud before it becomes a dispute, much less a trial, and to enable parties to focus on enabling business solutions. Moderator Jennifer Wheatley Fletcher Partner Sutherland Asbill & Brennan LLP Atlanta
7:00 pm - 9:00 pm Inspiring Innovation Award Dinner In recognition of its development and implementation of a sustainable approach to reinventing its dispute resolution processes in the face of a significant industry downturn that reduced resources even as it increased disputes, CPR is proud to present the 2017 Inspiring Innovation Award to:
Laura Robertson Deputy General Counsel for Litigation, Arbitration and Claims
Day 2: Friday, March 3, 2017 7:00-8:00 am Breakfast 8:00 am - 8:05 am Introduction of Keynote Speaker 8:05 am - 9:00 am Keynote Address: TBD 9:00 am - 10:00 am Session 6: Tracked Sessions (1 CLE): Track A: IP This panel will address recent judicial decisions, changes in the law around the world and BREXIT, and their impact on CPR members as they manage their IP portfolios and issues, such as: • The Ongoing Impact of the America Invents Act • The Impact of BREXIT on Planning and Managing Patent Dispute Resolution in Europe • U.S. Supreme Court Decisions and Their Continuing Impact on IP Dispute Management • Other U.S. Legal Developments and Their Impacts • Amendments to the Federal Rules of Civil Procedure • Defend Trade Secrets Act of 2016 (DTSA)
Panelists Brian King, Freshfields Bruckhaus Deringer LLP Vanessa Alarcon Duvanel, White & Case LLP C.J. Mahoney, Williams & Connolly Lucy Greenwood, GreenwoodArbitration Stephen L. Dryner, (TBD) Alberto F. Ravell, ConocoPhilips Track C: The Potential and Promise of Online Dispute Resolution What is Online Dispute Resolution (ODR)? What does it look like? How does it integrate with other technological innovations and operational changes impacting the legal landscape? Why have the UN, EU, APEC, domestic courts and in-house counsel taken a more serious jump into ODR in the last year? It’s probably not what you think it is. Leading experts representing all of these vantage points will discuss the present and inevitable future application of ODR in a session intended to “future proof” dispute resolution. Moderator Vikki Rogers Director, Institute of International Commercial Law Pace School of Law White Plains, NY Panelists James South, CEDR Larry W. Bridgesmith, Vanderbilt Law School
• ITC Troll Legislation
10:00 am - 10:30 am Coffee Break
Moderator John Murnane Partner Fitzpatrick, Cella, Harper & Scinto New York, NY
10:30 am - 12:00 pm Session 7: Arbitration: Procedural Fairness v. Efficiency
Track B: Y-ADR-Sponsored Skills-Building Training Session A program specifically designed for young lawyers and will focus on cross-examination of witnesses in arbitration, including perspective from. seasoned practitioners and arbitrators about cross examination “do’s and don’ts,” live cross-examination simulations, and a Q&A session. Moderator Dana MacGrath Counsel Sidley & Austin New York, NY
The goal of every arbitration is to resolve the dispute without delay or undue expense, while ensuring equal treatment of the parties and affording them a reasonably opportunity to present their case. This panel will bring to bear the perspectives of the arbitral institution, the arbitrators, the parties’ representatives, and the parties’ in-house counsel regarding the question of what procedures are (or are not) best suited to achieve these goals. It will consider procedural steps and other measures that may, consistent with due process requirements, usefully be incorporated into arbitration agreements, institutional rules, or procedural orders to ensure speed, efficiency and effectiveness in addressing a range of issues, including:
Day 2: Friday, March 3, 2017 • Arbitrator selection • Early dismissal of claims and defenses • Limitations on document exchange or other disclosure devices • Sequencing of and limitations on written submissions and witnesses • Expedited procedures and time limitations • Cost awards for delay, and mechanisms to ensure timely issuance of final arbitral awards The panel will also consider whether U.S. domestic arbitration could benefit by borrowing techniques developed in international arbitration and the advantages and disadvantages of these and other procedural techniques. Moderator Laurence S. Schaner Partner Jenner & Block Chicago, IL Panelists Maria Chedid, Baker & McKenzie Mary Beth Cantrell, Amgen, Inc. Adolfo E. Jimenez, Holland & Knight C. Mark Baker, Norton Rose Fulbright
2:45 pm - 4:25 pm Session 9: Ethics Exploration of ethics issues involved in balancing arbitral efficiency and fairness, with a specific focus on arbitrator conflicts of interest, developments in disclosure obligations of arbitrators, and disclosure obligations of counsel. Moderator Gregory S. Gallopoulos Senior Vice President General Counsel and Corporate Secretary General Dynamics Corporation Falls Church, VA Panelists John M. Barkett, Shook Hardy Sarah Rudolph Cole, Moritz College of Law Richard Ziegler, Jenner & Block
4:25 pm - 4:30 pm Closing Remarks 5:00 pm - 6:00 pm Y-ADR Social Event 6:00 pm - 7:00 pm Cocktail Reception
12:00 pm - 1:00 pm Lunch (Y-ADR Award/Other Awards) 1:00 pm - 2:30 pm Session 8: Business Roundtable Leading General Counsel from around the world discuss issues raised in the course of the meeting and strategic issues they face as they implement thoughtful approaches to dispute resolution. Moderator TBD Panelists Kelly Mahon Tullier, Visa Inc. Bart R. Schwartz, Assurant Inc. Sara E. Moss, Estée Lauder Carlos M. Hernandez, Fluor
2:30 pm - 2:45 pm Coffee Break
21ST CENTURY PLEDGE “Our company pledges to commit its resources to manage and resolve disputes through negotiation, mediation and other ADR processes when appropriate, with a view to establishing and practicing global, sustainable dispute management and resolution processes.” For more information on the Pledge, > Learn more
Day 3: Saturday, March 4, 2017 8:00-9:00 am Committee Meetings Breakfast 9:00-12:00 pm CPR Arbitration Committee Meeting: Introduction of the In-house Counsel Guide
“Having attended a number of ADR conferences in recent years, I can say that the CPR annual meeting is the best mix of substance and networking that I have found. The fact that CPR draws together some of the world’s top outside and in-house counsel to share their perspectives on ADR makes this a truly one-of-a-kind event.” C.J. Mahoney Williams & Connolly LLP
“I am sure CPR’s Annual Meeting will prove to be a productive and inspiring meeting. Both Carlos (Fluor’s Chief Legal Officer) and I are active members in CPR (Carlos on the Board of Directors, me on the CPR Council), and we have found that the exchange of ideas and views on dispute resolution and alternatives have been rewarding. The opportunity to meet with many other corporate counsel and officers has been equally rewarding in the creation of relationships throughout the business world – US and International.”
NATIONAL TASK FORCE ON DIVERSITY DIVERSITY COMMITMENT
Paul Bruno Managing General Counsel Fluor Corporation
DIVERSITY MATTERS “As an outside counsel focused on international disputes, I see the high value-add that CPR is bringing to the discussion. Through its several initiatives, such as its 21st Century Corporate ADR Pledge© and online dispute resolution work, it is driving change and making people think about how to continually improve their dispute processes.” Jose I. Astigarraga Astigarraga Davis
At our company, we recognize that our greatest successes come when we value and draw upon the knowledge, experience and talents of all people by being both diverse and inclusive. To achieve those successes, our company seeks diversity not only in its work force but also in its providers of goods and services.
Registration & Venue Full Registration Fees
Venue and Accommodations
CPR Member: Early Bird Rate* Standard Rate
Non-Member: Early Bird Rate* Standard Rate
CPR Neutral: $1,570 For Spouse/Guest registration, please contact email@example.com. *Early Bird Rate ends on December 15, 2015.
For attendees needing overnight accommodations, a block of rooms has been reserved at the special CPR rate of $289 per night plus taxes. This is a significant savings on the standard room rate.
CPR Member: Early Bird Rate* Standard Rate
CPR’s 2017 Annual Meeting will be held at The Biltmore Hotel, a National Historic Landmark. The 150-acre Mediterranean-style resort set within Coral Gables/ Miami, is a haven of serenity and sophistication and set within the passion and excitement of Miami. Offering championship golf, tennis, the largest hotel swimming pool in the country (with new private Cabana Suites), a stunning world-class spa and an award-winning fitness center, the 273-room Biltmore is one of the very few true destination resorts in a major metropolitan area. Host to Kings and Presidents, extraordinary weddings and charity galas, social and corporate meetings, Biltmore Hotel is a signature symbol of South Florida’s warmth and hospitality.
Hotel Information: $695 $895
Non-Member: Early Bird Rate* Standard:
For Spouse/Guest registration, please contact firstname.lastname@example.org. *Early Bird Rate ends on December 16, 2016. Y-ADR Special Rate: Attorneys who are 45 years old or younger or those with less than eight years of professional experience: $500 for a day or $950 for the whole conference. Call Vincent Gilbert at +1.646.753.8243 or email@example.com
The Biltmore Hotel 1200 Anastasia Ave Coral Gables, FL 33134 (855) 311-6903 *Hotel accommodations and transportation are the responsibility of the attendee. Hotel Reservations: 1) By phone: Dial 305 445-1926 or toll free (877)-576-0793. To get the CPR rate, use the group name: Institute for Conflict Prevention and Resolution (CPR) and reference code 422 2) By e-mail: Reservations@biltmorehotel.com reference code 422 3) On the hotel website: https://book.biltmorehotel.com/biltmore/#groupSignIn **Guest must enter group code 422
What Does This Fee Cover Your registration fee includes conference and course book materials; all coffee breaks; Thursday’s breakfast, lunch, cocktail reception and awards dinner; Friday’s breakfast, lunch and cocktail reception; and Saturday’s breakfast. This fee also helps CPR cover the facility and administrative costs related to hosting our Miami-based Annual Meeting.
WIN AN iPAD MINI The first 75 paid registrants will be elgible to WIN an iPad MINI!
The Biltmore Hotel, Coral Gables â€“ Miami
International Institute for Conflict Prevention and Resolution 30 East 33rd Street, 6th Floor | New York, New York 10016 Phone: +1.212.949.6490 | Fax: +1.212.949.8859 | firstname.lastname@example.org Visit us on the web at www.cpradr.org