ICC Canada Annual Conference

ICC Canada Arbitration Committee Annual Conference 2022

The New World

21 October 2022

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Conference Program

8:45 a.m. – 9:00 a.m. : Welcome to the Conference

Welcome remarks – Janet Walker, Chair, ICC Canada

9:00 a.m. – 10:15 a.m.: Including the world : achieving equity, diversity and inclusiveness 

The international arbitration community has embraced the call to challenge the status quo, taking active steps toward greater representation and diversity. What changes are we seeing and what else can and should be done to benefit from the equity, diversity and inclusiveness that are critical “both to the effectiveness of our services and to the international nature of our practices and clients?

Moderator:
Todd Weiler, Independent Arbitrator

Panelists:
Nancy Thevenin, General Counsel, USCIB
Dana MacGrath, Independent Arbitrator
Dr. Ayodele Akenroye, FCIArb, Independent Arbitrator
Hon. Clément Gascon, Arbitrator, former Justice of the Supreme Court of Canada, Woods LLP

10:15 a.m. – 10:45 a.m.: Morning Coffee Break sponsored by Dentons LLP 

10:45 a.m. – 12:00 p.m. Roundtable Discussions

Topic #1: Over the last few years, several “modern” investment treaties have entered into force, containing provisions that seek to preserve regulatory space or alter traditional articulations of protections. Canada’s new Model FIPPA adopts this approach. Who or what is driving these modern investment treaties and what does it mean for investor state disputes?

Facilitators & Rapporteurs:
Pierre Bienvenu, Ad. E., Avocat-conseil, IMK s.e.n.c.r.l./LLP, Arbitre indépendant, Arbitration Place
Alexandra Dosman, Counsel, Trade Law Bureau, Government of Canada

Topic #2: Technology has greatly reshaped the current business landscape and how international arbitrations are conducted. While some technology has been employed as a matter of necessity, this is not always the case. What are the benefits and drawbacks, along with key considerations – practical, logistical, cognitive, behavioral, other – that need to be considered by “when determining” the use of technology in international arbitrations?

Facilitators & Rapporteurs:
Stephanie Cohen, Independent Arbitrator
Michael Kotrly, Barrister, One Essex Court

Topic #3: “Efficiency” is often cited as a benefit to international arbitration. Indeed many recent iterations of rules or guidelines are promulgated under the goal of achieving greater efficiency. Is efficiency an appropriate objective for international arbitration, or are there counter-balancing objectives such as expense or quality, and what does the future hold in the quest for further efficiency?

Facilitators & Rapporteurs:
David Roney, Partner, Sidley Austin LLP
Ema Vidak Gojković, Independent Counsel & Arbitrator

Topic #4: The seat for an international arbitration can be critical with respect to local court assistance, when needed, and challenges to arbitration awards. In light of what
is required for a legal seat, what are the strengths and weaknesses of Montreal as a seat and how can Montreal raise its profile in this regard?

Facilitators & Rapporteurs:
Philippe Boisvert, Counsel, Borden Ladner Gervais LLP
Annie Lespérance, Omni Bridgeway

12:00 p.m. – 12:50 p.m.: Lunch

12:50 p.m. – 1:00 p.m.: Reports on Roundtable Discussions

1:00 p.m. – 1:20 p.m.: Keynote Speaker 
Meg Kinnear, Secretary General, International Centre for Settlement of Investment Disputes

1:20 p.m. – 2:30 p.m. ICC Canada modified Tylney
Moderator:
Robert Deane, Partner, Borden Ladner Gervais LLP

Panelists:
Fabien Gélinas, Full Professor, Sir William C. Macdonald Chair, McGill University
Erin Miller Rankin, Freshfields Bruckhaus Deringer

2:30 p.m. – 2:35 p.m. Announcement of and Welcome Remarks from new incoming ICC Canada Arbitration Committee Vice-Chair 

2:35 p.m. – 3:00p.m. Afternoon Coffee Break

3:00 p.m. – 3:15 p.m. Special Guest Speaker
Michael McIlwrath, MDisputes; Chair, ICC Governing Body for Dispute Resolution
Services; Chair, Corporate Counsel Committee of Campaign for Greener Arbitrations

Role of ICC Governing Body for Dispute Resolution Services – A brief overview of the important role of the Governing Body in overseeing ICC Arbitration and ADR.

Campaign for Greener Arbitrations (CGA) – Introduction to the CGA and its Corporate Counsel Committee, including practical techniques to conduct arbitrations cost-efficiently and effectively with a reduced environmental impact

3:15 p.m. – 4:15 p.m. Debate
Proposition: Be it resolved that financial, trade and political sanctions must be adhered to by arbitral institutions and tribunals, and such adherence does not negatively impact neutrality, independence, and impartiality.

Moderator:
Colin Trehearne, Counsel, Mori Hamada & Matsumoto

Debaters:
Joseph Chedrawe, Vice-Chair, Disputes, Europe, Middle East, and Africa, Covington & Burling LLP
Jessica Crow, Independent Arbitrator

4:15 p.m. – 4:30 p.m.: Concluding Remarks
Closing remarks – Myriam Seers, Vice-Chair, ICC Canada