Neil Kaplan CBE QC SBS and Chiann Bao hosted Lord Neuberger. The recording is available here.

Lord Neuberger is a leading arbitrator, member of One Essex Court. From 2012 to 2017, he served as President of the Supreme Court of the United Kingdom. He was a Lord of Appeal in Ordinary until the House of Lords' judicial functions were transferred to the new Supreme Court in 2009, at which point he became Master of the Rolls. Since 2010, Lord Neuberger has been a Non-Permanent Judge of the Hong Kong Court of Final Appeal. He is an honorary Fellow of the Royal Society, and an honorary member of the Royal Institution of Chartered Surveyors.

Neil Kaplan CBE QC SBS and Chiann Bao hosted Dr Michael Pryles AO PBM. The recording is available here.

Dr Michael Pryles is a leading independent arbitrator. Chambers Asia-Pacific has consistently rated him as one of the “star individuals” who are most in demand in the Asia-Pacific region. He was previously the chairman of the Singapore International Arbitration Centre (SIAC) and then President of its Court of Arbitration. He has also served as a court member of the LCIA; board member of DIAC; President of ACICA and Chairman of ICC Australia. For over 8 years, he was a Commissioner of the United Nations Compensation Commission, adjudicating claims against Iraq following the first Gulf War, and he was also a Commissioner of the Australian Law Reform Commission. Prior to becoming a full-time arbitrator he was a partner in the Australian law firm Minter Ellison, and before that he held the Henry Bournes Higgins chair of law at Monash University in Melbourne.

Neil Kaplan CBE QC SBS and Chiann Bao hosted Toby Landau QC. The recording is available here.

Toby Landau QC is a member of the Delos Board of Advisors. He is a barrister and arbitrator, and a member of the Bars of England & Wales, Singapore, New York, the BVI and Northern Ireland, and is registered in the DIFC.  He was the first QC to be admitted as a full member of the Singapore Bar, and practices from Essex Court Chambers in London, and Essex Court Chambers Duxton in Singapore.   As Counsel he has argued hundreds of major international commercial and investor-State arbitrations, as well as many ground-breaking arbitration cases in the Courts of England, Singapore, Pakistan and the Caribbean.  As Arbitrator, he has extensive experience sitting in commercial and investor-State disputes worldwide. He is Visiting Professor at Kings College London; Court Member of the LCIA and the SIAC; Fellow of the CIArb; UK delegate to the UNCITRAL Working Group on Arbitration (1994-2013); and a draftsman of the English Arbitration Act 1996; the Pakistan Arbitration (International Investment Disputes) Ordinance, 2006; the Mauritius International Arbitration Act 2008, as well as many institutional rules. He holds a first-class law degree and a first class BCL from Oxford University (Eldon Scholar), and an LL.M. from Harvard Law School (Kennedy Scholar).

Neil Kaplan CBE QC SBS and Chiann Bao hosted Wendy Miles QC. The recording is available here.

Wendy Miles QC is a partner at Debevoise & Plimpton, in London, and a member of the firm's International Dispute Resolution Group. With over 20 years of experience, Ms Miles has acted as counsel in arbitrations under all the major institutions, as well as ad hoc arbitrations and significant public international law cases. She has advised a wide range of multinationals, sovereign states and state entities in public and private international law and international dispute resolution, including commercial and investor state arbitration. Ms Miles is currently a Vice President of the ICC Court of Arbitration and a member of the ICC Commission on Arbitration and ADR. She co-chaired the ICC Task Forces on Costs Allocation in Arbitration (report published in 2017) and Climate Change Related Disputes (report published in 2019). She is also active on various other professional bodies including the IBA, ICCA, Stockholm Arbitration Association, FIAA and the gender diversity initiative Equal Representation in Arbitration Pledge. She regularly teaches and publishes. Ms Miles is admitted to practice in England & Wales, and New Zealand. She became Queen’s Counsel in 2015.

Neil Kaplan CBE QC SBS and Chiann Bao hosted Lucy Reed. The recording is available here.

Lucy Reed joined Arbitration Chambers in New York in January 2020 as an independent arbitrator. She returned to the US after over seven years in Asia, first in Hong Kong and Singapore as head of the Freshfields global international arbitration group, and then as Director of the Centre for International Law and Professor of Practice on the Law Faculty of the National University of Singapore. Lucy is President of ICCA and a Vice-President of the SIAC Court, having formerly served as President of the American Society of International Law and a Vice President of the ICC Court. Over her career, Lucy has represented private and public clients in investment treaty and complex commercial arbitrations, and sat as arbitrator in some 50 cases, including on the Eritrea-Ethiopia Claims Commission (a Geneva Convention tribunal). Her earlier positions include Co-Director of the Claims Resolution Tribunal for Dormant Accounts in Switzerland (the first Holocaust tribunal), general counsel of the Korean Peninsula Energy Development Organization (dealing with North Korea nuclear issues) and, while with the US State Department, the US Agent to the Iran-US Claims Tribunal. A New York qualified lawyer, she was educated at the University of Chicago Law School and Brown University.

Neil Kaplan CBE QC SBS and Chiann Bao hosted Professor Bernard Hanotiau. The recording is available here.

Professor Bernard Hanotiau is a member of the Brussels and Paris Bars. Since 1978, He has been actively involved in more than 500 international arbitration cases as party-appointed arbitrator, chairman, sole arbitrator, counsel and expert in all parts of the world. Mr. Hanotiau is professor emeritus of the law school of Louvain University (Belgium). He is a member of the ICCA Governing Board and of the Council of the ICC Institute and a member of the ICC International Arbitration Commission. He is also a former vice-president of the Institute of Transnational Arbitration (Dallas) and a former vice-president of the LCIA Court. He is a member of the Court of Arbitration of SIAC and of the Governing Board of DIAC (Dubai). He is the author of Complex Arbitrations: Multiparty, Multicontract, Multi-issue and Class Actions (Kluwer, 2006) and of more than 120 articles, most of them relating to international commercial law and arbitration. In March 2011, Mr. Hanotiau received the GAR “Arbitrator of the Year” award. In April 2016, he also received the Who’s Who Legal “Lawyer of the Year” for Arbitration award.

Neil Kaplan CBE QC SBS and Chiann Bao hosted Sir Bernard Rix. The recording is available here.

Sir Bernard Rix is a leading arbitrator, member of Twenty Essex. He retired in 2013 as a Lord Justice of Appeal with 20 years’ experience in the Commercial Court and the Court of Appeal. He is also an International Judge of the Singapore International Commercial Court and a member of the Cayman Islands Court of Appeal. He is also Professor of International Commercial Law at The Centre of Commercial Law Studies at Queen Mary, University of London.

Neil Kaplan CBE QC SBS discussed his approach to Procedural Order No. 1, with Amanda Lee and Hafez Virjee. The recording is available here.

Neil Kaplan CBE QC SBS is a member of the Delos Board of Advisors. He has been a full-time practising arbitrator since 1995.  He has been involved in several hundred arbitrations as arbitrator.  Called to the Bar of England in 1965, Mr. Kaplan has practiced as a barrister, Principal Crown Counsel at the Hong Kong Attorney General’s Chambers, and served as a Judge of the Supreme Court of Hong Kong in charge of the Arbitration List. He was Chair of the Hong Kong International Arbitration Centre (HKIAC) for 13 years and President of the Chartered Institute of Arbitrators (CIArb) in 1999/2000. Since 2017 he has been the President of the Court of the Mauritius Chamber of Commerce and Industry Arbitration and Mediation Centre (MARC).

Professor Doug Jones AO and Professor Janet Walker were 'tagged' by Neil Kaplan CBE QC SBS. They discussed what comes after Procedural Order No. 1, i.e. "PO1 – The beginning or the end?", with Dr Kabir Duggal and Amanda Lee. The recording is available here.

Professor Doug Jones AO is a leading independent international commercial and investor-state arbitrator with over 40 years' prior experience as an international transactional and disputes project lawyer. Doug is a door tenant at Atkin Chambers London, an arbitrator member at Arbitration Place in Toronto, and has an office in Sydney. Doug is also an International Judge of the Singapore International Commercial Court (SICC). He has been involved in over 120 arbitrations spanning over 30 jurisdictions in disputes of values exceeding some billions $US. In addition, Doug has held appointments at several international professional associations, including as President of the Chartered Institute of Arbitrators (CIArb) and the Australian Centre for International Commercial Arbitration (ACICA).

Professor Janet Walker is an independent arbitrator with chambers at Arbitration Place, Toronto; Int-Arb Arbitrators, London; and Sydney Arbitration Chambers, Australia. Janet has served as sole arbitrator, co-arbitrator and chair in ICC, ICDR, DIAC, HKIAC, KCAB and SIAC-administered, and in ad hoc arbitrations in a variety of seats. Her matters range from construction, M&A, shareholder, intellectual property, pharma and environmental. She has a good working knowledge of Spanish and French. Janet is professor of law (past associate dean) at Osgoode Hall Law School, a member of the Ontario Bar, and a licensed legal consultant of the New York State Bar. She authors Canada’s main text on private international law, cited in more than 350 judgments. She is chair-elect of ICC Canada.

Sir Bernard Eder was 'tagged' by Professors Doug Jones AO and Janet Walker. He discussed "Issue Estoppel under the New York Convention", with Dr Kabir Duggal and Amanda Lee. The recording is available here.

Sir Bernard Eder is an international arbitrator/mediator based at 24 Lincoln’s Inn Fields, London. He previously practised as a barrister at Essex Court Chambers for almost 35 years – between 1976 and 2010 - specialising in commercial litigation and international arbitration. He was appointed Queen’s Counsel in 1991. During his practice at the English Bar, he acted as Counsel in over 100 reported cases (including in the Commercial Court, the Court of Appeal, the House of Lords and the Privy Council) and over 200 international arbitrations. In 2011, he was appointed a Judge of the High Court of England and Wales. He resigned from the Bench in April 2015. During that time, he sat mainly in the Commercial Court in London where he presided over a number of high-profile trials. In 2015, he was appointed an International Judge at the Singapore International Commercial Court (SICC). He was formerly Chair of ARIAS (UK). Over the years, he has been appointed as arbitrator in over 300 international arbitrations.

About the topic: the ability to enforce an award in different jurisdictions is an important part of the arbitral process. In that context, an important issue arises as to whether the decision of a Court in Country A as to the enforceability of an award under the New York Convention can give rise to an issue estoppel in Country B – and, if so, when. That issue has been considered in a number of cases in the English High Court including most recently (31 March 2020) in Carpatsky Petroleum Corp v PJSC Ukrnafta [2020] EWHC 769 (Comm). In this TagTime webinair, Sir Bernard Eder will review the English authorities (including his own earlier decision in Diag Human SE v Czech Republic [2014] EWHC 1639 (Comm)).

Meg Kinnear discussed "Tracking the Evolution of the ICSID Rules" with Dr Kabir Duggal and Amanda Lee. The recording is available here.

Meg Kinnear is a Vice President of the World Bank Group and the Secretary-General of the International Centre for Settlement of Investment Disputes (ICSID). Ms. Kinnear was formerly the Senior General Counsel and Director General of the Trade Law Bureau of Canada. In November 2002, Ms. Kinnear was also named Chair of the Negotiating Group on Dispute Settlement for the Free Trade of the Americas Agreement. From October 1996 to April 1999, Ms. Kinnear was Executive Assistant to the Deputy Minister of Justice of Canada. Prior to this, Ms. Kinnear was Counsel at the Civil Litigation Section of the Canadian Department of Justice (from June 1984 to October 1996). Ms. Kinnear is currently Editor-in-Chief of the ICSID Review, and a co-author of Investment Disputes under NAFTA (published in 2006 and updated in 2008 & 2009), Federal Court Practice (1988-1990, 1991-1992, and 1993-2009 annually) and 1995 Crown Liability and Proceedings Act Annotated (1994).

About the topic: the ICSID Rules and Regulations have evolved since they first took effect in 1968, reflecting a continuous effort to modernize and improve upon the most commonly used procedural rules in investor-State dispute settlement. In this webinar, Meg Kinnear, Secretary-General of ICSID, will highlight key changes to the rules over time. She will also outline the amendments currently under consideration as part of the fourth amendment of the ICSID rules, as well as the newly published Code of Conduct for Adjudicators developed with UNCITRAL.

Gourab Banerji SA was 'tagged' by Sir Bernard Eder. He discussed "Recent Developments in the Enforcement of New York Convention Awards in India" with Dr Kabir Duggal and Amanda Lee, and reviewed the history of enforcement of foreign awards of India. The recording is available here.

Gourab Banerji is a Senior Advocate, practicing mainly before the Supreme Court of India. He is an Overseas Associate of Essex Court Chambers. Graduating from the University of Cambridge in 1989 with First Class Honours, he was called to the Bar from Lincolns Inn in 1990. He was designated as a Senior Advocate in 2003 and served as the Additional Solicitor General of India from July 2009 to May 2014. In this capacity, he represented the Government of India in a number of landmark cases. His practice before the courts is mainly in commercial matters, particularly relating to arbitration and contractual disputes. Gourab sits as an arbitrator in domestic and international commercial arbitrations, apart from appearing as counsel. He has represented the Republic of India in its investment treaty arbitrations. He has been a part of various governmental and inter-governmental committees and assisted the Law Commission in its reports relating to arbitration.

About the topic: the discussion retraced the history of enforcement of New York Convention awards in India before turning to the recent Indian Supreme Court judgments in Vijay Karia & Ors. v. Prysmian Cavi E Sistemi S.r.I. (2020) and National Agricultural Co-operative Marketing Federation of India Ltd. (NAFED) v. Alimenta S.A. (2020).

Funke Adekoya SAN was 'tagged' by Gourab Banerji SA. She discussed "Damages and Costs: Can Fair Compensation Be Too Much?" with Dr Kabir Duggal and Amanda Lee, reviewed the manner in which damages were pleaded and addressed in certain particularly large awards, and the practice of allocation of costs, both in commercial and investment arbitration. The recording is available here.

Funke Adekoya SAN is a founding Partner at Nigerian law firm ǼLEX, one of the largest full service commercial law firms in Nigeria where she heads the Dispute Resolution practice group. She is a Fellow of the Chartered Institute of Arbitrators, also a Chartered Arbitrator, a past Chairman of its Nigerian Branch, and a member of the ICCA Governing Board. Funke has over 45 years’ experience in Litigation and Arbitration. Funke received her legal education at University of Ile, Nigeria and Harvard Law School (LL.M.). She was elevated to the rank of Senior Advocate of Nigeria (SAN) in 2001. She has been a member of Nigeria’s Body of Benchers since 1999 and was elevated to Life Bencher in March, 2007. She is also a frequent speaker at conferences in the fields of litigation and arbitration.

Yas Banifatemi was 'tagged' by Meg Kinnear. She discussed "Arbitration as a means of improving human rights protections at sea" with Dr Kabir Duggal and Amanda Lee. The recording is available here and her presentation here.

Yas Banifatemi is a partner and Co-Head of the International Arbitration practice at Shearman & Sterling. She also leads the firm’s Public International Law practice, and co-heads the firm’s Energy practice. She is widely recognized as one of the most prominent international arbitration and public international law specialists worldwide. Yas Banifatemi is a Vice-President of the ICC International Court of Arbitration, a member of the LCIA Court and a member of the SIAC Court of Arbitration. She is also a member of the ICSID Panel of Arbitrators, appointed by the Chairman of ICSID’s Administrative Council. Yas Banifatemi teaches at Harvard Law School, Yale Law School and Panthéon-Sorbonne University. In the Summer 2019, she gave a course at The Hague Academy of International Law on the powers of the arbitrator. She researches in the areas of public international law and international arbitration, and has authored numerous publications in, and regularly speaks about, both these fields. 

To find out more about the topic, you can download the White Paper of 5 May 2020 (updated) from the website of Human Rights at Sea (HRAS), which also has it in French. This initiative was reported here by Global Arbitration Review, as reproduced here (free access) with permission by HRAS.