2016 Commercial Litigation & Arbitration Forum


This programme is subject to change. 
Last updated: 11/10/2016

08.30 Registration and Breakfast

09.00 Chairpersons’ Welcome
The Hon Sir Bernard Eder, Essex Court
Jonathan Warne, partner, Nabarro

09.10 Keynote: Commercial dispute resolution – current developments in the Commercial Court
The Honourable Mr Justice Blair

09.30 Client panel – tips and tactics for managing projects and delivering value on costs
The opening panel of today’s agenda will focus on the changing needs of the client. It will explore the internal and external considerations which surround decision making in today’s dispute resolution environment and take an in depth view on effective project management techniques that can deliver value on costs.
Chair: Mark Baker, Global Co-Head of International Arbitration, Norton Rose
Dave Hart, head of litigation, BT Group
Dr. Elmar Kutsch, senior lecturer in risk management, International Centre for Programme Management, Cranfield School of Management

10.30 Panel debate: Funding: the good, the bad and the ugly
Third party funding can be difficult to obtain, but in the current economic climate there is likely to be a greater need amongst businesses in order to justify the costs at play. Today’s funding market is rife with new models and greater analysis being offered by a more diverse variety of funders. Expect to gain an insight into the new funding models being developed and top tips on how to approach 3rd party funders.
- Partial damages based assessment 
- Tactics against funded parties - settlement
Chair: Jonathan Warne, partner, Nabarro
Tim Brown, partner, RPC
Paul Convery, partner, William Fry
Jeremy Marshall, chief investment officer, Bentham Europe
Robert Marven, barrister, 4 New Square

11.10 Coffee and Networking

11.30 Streamed Sessions
A: Interim remedies
Freezing injunctions have become quite commonplace in court judgments, but are they being used too frequently and when are they legitimate? This session will address the key considerations when awarding interim remedies and will also question whether there should be reforms of anti-suit injunctions in addressing breach of agreements. Steven Gee QC is the author of Commercial Injunctions, which is highly regarded as the leading text for legal professionals advising clients on commercial pre-emptive remedies, including injunctions. 
Steven Gee QC, partner, Joseph Hage Aaronson

B: Russian disputes in Russia, London and elsewhere
Russian related disputes have dominated legal news in London for more than 10 years.  They usually involve bitterly fought arbitration and litigation around the world with more than one jurisdiction involved and with significant amounts of money at stake. The new Russian arbitration law came into force in September.  Will it change the way Russian disputes are resolved?  Will this law make Russia more attractive as the place of arbitration?   How sanctions introduced by the West against Russia affect the future for Russian related work in London?  Will London retain its leading role and keep its attraction as primary choice for resolving Russian disputes?  Crimea related arbitrations – is investment arbitration right forum for these claims?
David Goldberg, partner, White & Case

C: Expert evidence: maximising impact / minimising cost and delay
Expert evidence is a key features of modern litigation, encountered by practitioners in many (if not most) disputes.  In this session, we will explore how to maximise the impact and value of expert evidence, whilst minimising unnecessary complexity, cost, and delay.  In particular, we will consider:
- Emerging best practice? The CJC review? More rigorous control by the judiciary?
- What works? The expert's perspective
- The state of play in other common law jurisdictions: Australia, the US, Hong Kong and Singapore
- Lessons to learn from civil jurisdictions/arbitration?
Jeffrey Davidson, managing director, Honeycomb Forensic Accounting
Charles Balmain, partner, White & Case

12.30 Networking Lunch
Buffet, seated in the Palm Court

13.30 Practical advice on the assumption we have a hard Brexit
The post Brexit fallout has hit the UK hard and deep. Whilst it will take many years to discover the true implications, business and litigators have to forge on and adapt to a constantly changing foreground. Indeed the weak pound may, in the short-term, see an uptick in the attractiveness of London as a litigation hub. This opening keynote will offer an insightful perspective on the state of dispute resolution in the light of political and economic trauma.
- Choice of law and jurisdiction
- What will UK competition law look like?
- Competition and class actions
Chair: The Hon Sir Bernard Eder, Essex Court
George Peretz QC, Monkton Chambers 
Boris Bronfentrinker, partner, Quinn Emanuel
Helen Davies QC, Brick Court Chambers 

14.15 Streamed sessions

A: Privilege in regulatory investigations
Regulatory investigations for multi-national business can come from a myriad of different bodies. Whether it’s FCA, DOJ or ECJ, the rules governing regulatory privilege and their consequent ramifications for any subsequent civil litigation can sometimes be misunderstood. We will explore the various incarnations of privilege that are at play and understand what documents generated as part of regulatory investigations claimants can and cannot use in future civil litigation procedures.  
- Update and structure of legal privilege in UK
- Treatment of foreign parties who have no privilege in their own jurisdiction
- Update on dominant purpose test
- Shared privilege and waiver
- Treatment of settlement offers 
Simon Davis, partner, Clifford Chance
Charles Evans, partner, Milbank
Tom Connor, partner, Ashurst

B: Gathering evidence in foreign jurisdictions 
Our expert panel will cover Russia, Singapore, France, US and the Middle East and will provide first hand perspectives on how trials are conducted and how to effectively prepare your disclosure documents prior to trial in foreign jurisdictions. 
Benjamin Jacob, partner, PDGB Société d'Avocats
Paul Reed QC, Hardwicke Chambers

C: How should institutions ensure quality and independence of your arbitrator, adjudicator & mediator
There has been much debate relating to tribunal quality and ethical rules on individuals accepting appointments from institutions in the past year. Clients are often faced with a difficult choice when faced with an appointee that they have concerns about. Are institutions rightly or wrongly perceived as protecting the appointee rather than the users (when it comes to delay and cost)? The session will also consider what clients want to see improved in institutions processes for making appointments.
- What are the tests for neutrality?
Angeline Welsh, barrister, Matrix Chambers 
Suber Akther, senior litigation lawyer, Siemens
Edwin Glasgow QC, 39 Essex Chambers

15.15 Coffee and Networking break

15.35 Technology and its revolutionary impact on the world of litigation
Disrupt or be disrupted. That’s today’s digital chant. It is commonly accepted that digital disruption, sometimes referred to as the consumerisation of IT, is changing things across industries and changing how we think. The legal profession is not exempt, but how aware are you of the evolution or revolution you are currently or will soon face in the conduct of your practice? We will consider how current digital and data challenges are being addressed; and looking forward, we will discuss how the effect of digital disruption, including the consumerisation of artificial intelligence and the adoption of software automation may impact and enhance both the conduct and management of legal practice.
Trevor Horwitz, partner - Fraud Investigation & Dispute Services, UK & Ireland, EY
Christian Toms, partner, Brown Rudnick

16.20 The long arm of the US jurisdiction 
The extent to which US jurisdiction has extended across the global market under the guise of DOJ, SEC and FCPA rulings has vexed many clients and their lawyers. It is clear to see that if you conduct your business in the US market, you are held accountable by US laws, regardless of where your business is domiciled. But what authority does the long arm of the US jurisdiction have over non-U.S. companies and how can their powers be applied to international defendants?
Daniel Hawke, partner, Arnold & Porter

16.50 PechaKucha style updates on the law – the latest cases and concerns
Join this high octane session as the speakers are battling against auto advanced slides and the clock in order to brief you on the key cases of the moment in the least amount of time. Ready, set, go….
20 seconds a slide for 6 minutes
- Attribution case - Jetivia SA v Bilta (UK) Limited (in liquidation) [2015]
Alex Barden, barrister, Fountain Court Chambers

- Law on repudiatory breach
Matthew Bradley, barrister, Henderson Chambers

- Supreme Court’s recent decision in Makdessi v Cavendish Square Holding [2015] 3 WLR 1373  -  the law of penalties
Nicholas Hill, barrister, Outer Temple Chambers

- Contractual interpretation
Ed Pepperall QC, St Philips Stone Chambers

- Section 69

David Lewis QC, 20 Essex Street

- Privilege - Unambiguous impropriety
Sohrab Daneshku, managing associate, Lewis Silkin

17.35 Closing remarks from the Chairs
The Hon Sir Bernard Eder, Essex Court
Jonathan Warne, partner, Nabarro

17.40 Drinks are served in the Palm Court – in presence of the speaker faculty

19.00 Carriages