2018 Commercial Litigation & Arbitration Forum

Commercial Litigation & Arbitration Forum 2018

Navigating the global dispute resolution market during turbulent times

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08:15 - 08:45
Registration & networking breakfast

08:45 - 08:55
Chairman’s welcome:
Sir William Blair, 3VB, UK
Clare Lynch, Senior Solicitor, Vodafone Group, UK

08:55 - 09:20
Opening keynote: In pole position- a look at the future of the Commercial Court 
Interviewer: Hilton Mervis, Partner, Arnold & Porter, UK
Interviewee: The Hon. Mr Justice Popplewell, Judge in Charge, Commercial Court, London, UK

09:20 - 10:00
Disclosure- one year on
The opening panel of today's conference will provide an update on the significant changes set to modernise the approach taken to disclosure under CPR Part 31 in the Business and Property Courts. The changes were the result of a review undertaken by the Rolls Building Disclosure Working Group (DWG) over the past 18 months, in consultation with the profession. The panel, which includes the chair of the DWG, Dame Elizabeth Gloster, and three members of the drafting committee (Justice Knowles, Chief Master Marsh and Ed Crosse) will outline what the new rules are and what they will mean in practice for clients and their advisers:
Moderator: The Rt Hon. Dame Elizabeth Gloster DBE, UK
Ed Crosse, Partner, Simmons & Simmons, UK
The Hon. Mr Justice Knowles CBE, Commercial Court, London, UK
Chief Master Marsh, UK
Samantha Stinton, Lawyer, Lloyds Banking Group, UK 

10:00 - 10:40
Privilege- time for change
Regulatory investigations have raised the stakes on privilege. The session will provide an update on the law of privilege following the decision in SFO v ENRC:
• What is the scope now for claiming privilege when investigations are ongoing?
• What are the practical steps that you can take to ensure privilege can be claimed?
• How will decisions that you make at an early stage of an investigation impact litigation later down the line?
Moderator: Colin Passmore, Senior Partner, Simmons & Simmons, UK
Tom Spender, General Counsel for Group Litigation, Regulatory and Competition, Lloyds Banking Group, UK
Tamara Oppenheimer, Barrister, Fountain Court Chambers, UK
David Wilson, Managing Director, Goldman Sachs, UK

10:40 - 11:00
Refreshment & networking break

11:00 - 11:45
The rise of group litigation
Group litigation is on the rise in the UK. Join our expert panel as they outline the current trends and changes in the UK as well as the steps that you can take to minimise the risk and cost associated with these claims that are not only cross-party but can also be multi-jurisdictional:
• What does best practice and management of a group litigation case look like?
• What is the availability of funding for group litigation?
• How do you effectively settle a multi-party dispute?
Moderator: Davina Given, Partner, RPC, UK 
Dr Ronnie Barnes, Principal, Cornerstone Research, UK
Clive Zietman, Partner, Stewarts, UK 
Lawson Caisley, Partner, Allen & Overy, UK 
Brian Strange, Partner, Strange & Butler, USA 

11:45 - 12:45
Breakout sessions
Our expertly facilitated workshop groups allow you to choose topics that are of the most importance and relevance to you. Come prepared for in-depth discussions and detailed peer-to-peer knowledge sharing.

A) The secrets of key LCIA arbitration rules revealed
Our expert speakers will outline the current trends in arbitration and the steps that you should take to navigate them:
• Tribunal formation and Articles 8 and 9
• Article 12 situations 
• Counsel conduct and Article 18 
• London default seat - good or bad? 
• Can dilatory manoeuvres be sanctioned effectively? 
David Goldberg, Partner, White & Case, UK & Russia
James Castello, Partner, King & Spalding, Paris

B) Surviving brand death: Protection in the digital age 
A cyber attack can cause devastating damage to any organisation and there is a myriad of issues that follow a breach. Our expert speakers will provide key takeaways and will discuss the litigation and practical responses that both law firms and client can implement: 
• What does the threat landscape look like? 
• Preparation is essential to the success handling of a cyber incident - but how? What should your incident response plan include? 
• Is GDPR the real threat that corporates should be concerned about? 
Richard Little, Partner, Eversheds Sutherland, UK
Mark Reynolds, Associate General Counsel, Data Privacy Advice & Risk Management, Group Legal, HSBC, UK

C) Thrive in today’s world: Technology & innovation that is impacting the dispute resolution
Technology is set to impact the world of dispute resolution such as the use of artificial intelligence in the preparation of briefs and case analysis. Yet, what does this truly mean and how will it impact you? This session will aim to address the key questions surrounding the uncertainty of the new legal era and our speakers will outline their own perspective and uptake of technology throughout the lifecycle of a dispute. 
Dave Hart, Head of Litigation, BT Group, UK
Sophia Adams Bhatti, Director of Legal & Regulatory Policy, The Law Society, UK
Donald Macdonald, Consultant, Consilio 

12:45 - 13:35
Networking lunch

13:35 - 14:10
Afternoon address: An insider view of the Supreme Court
Interviewer: Sarah Lee, Partner, Slaughter and May, UK
Interviewee: The Rt. Hon. Lord Neuberger of Abbotsbury, UK

14:10 - 14:55
A current guide to Brexit 
With 29 March fast approaching, a leading panel will at what practitioners need to know about the current position. 
• The question of arbitration vs litigation, choice of law and jurisdiction, news on tactics, and new venues opening up in Mainland Europe. 
• How to cope with uncertainty and opportunity in a Brexit world- the outlook for the transitional period, and beyond. 
Moderator: Sir William Blair, 3VB, UK
David Greene, Senior Partner, Edwin Coe; Vice President of the Law Society of England and Wales in 2019 & President in 2020, UK
Belinda McRaeCounsel, 20 Essex Street, UK
Edward Sparrow, Senior Consultant, Ashurst; Chairman of the City of London Law Society, UK
Ali Malek QC, 3VB, UK
Joanna Perkins, Chief Executive, Financial Markets Law Committee, UK

14:55 - 15:55
Breakout sessions
Our expertly facilitated workshop groups allow you to choose topics that are of the most importance and relevance to you. Come prepared for in-depth discussions and detailed peer-to-peer knowledge sharing.

Millennial Q&A: The key to unlocking and retaining talent
In a first for the Commercial Litigation & Arbitration Forum, millennials from a range of firms will candidly discuss what motivates them in the field of dispute resolution. What optimises a harmonises team and produces the best outcome for the client?
Moderator: Lois Horne, Partner, Macfarlanes, UK 
Natalie Osafo, Associate, Slaughter and May, UK
Josie Greener, Associate, Arnold & Porter, UK 
Bruno Bainsfair,
Associate, Enyo Law 

B) Russian and CIS related disputes
Topics for an expert-led discussion to include the following hottest topics
• “The last of the Mohicans” - Deripaska v Abramovich and Potanin – is this the last oligarch battle in the English courts or is more yet to come?
• “Hiding in Plain Sight” – the Otkritie investigations and related proceedings – relevance of England as a jurisdiction for Russian & CIS disputes
• “One size fits all or as complex as a game of chess” - Russian Federation and other former USSR countries as a parties to investment arbitration claims – an analysis of latest developments of the largest cases and the approach of states to such disputes
• “Winter is coming” – litigating in the current political climate, disputes arising from sanctions, anti-sanctions, UWOs and other legislative and regulatory instruments
• “Other people’s money” – growth of bankruptcy proceedings in Russia and how they fit into cross-border bankruptcies involving Russian and CIS parties
Moderator: Artem Doudko, Partner, Osborne Clarke
Olga Tsvetkova,
 Senior Associate, EPAM
Maxim Kulkov, Partner, KK&P
Katerina Haslam-Jones, Partner, Padva Haslam-Jones & Partners
Kirill Trukhanov, Managing Partner, Trubor Law Firm, Russia 

C) Transatlantic litigation: Our rules not yours
Discover the latest litigation trends in the USA and the impact that they may have on the global litigation market. Our expert speakers will compare and contrast approaches to litigation on both sides of the Atlantic-such as privilege and the long arm reach of the US regulators.
Jack Baughman, Partner, Paul Weiss, US
Steven Molo, Founding Partner, MoloLamken, US 
Bill Leone, Co-Head of Disputes, Norton Rose Fulbright, US
Bishu Solomon Girma, Senior Director, Client Services - Europe, Epiq

15:55 - 16:10
Refreshment & networking break

16:10 - 16:55
Strategy planning: The client perspective on improving the service of external lawyers
Join our final panel of the day as they speak candidly and explore how the relationship between in-house counsel and private practice teams can be improved:
• Uniquely there is feedback on what make a good in-house lawyer from an outside law firms perspective
• How to create and lead the best litigation team and the expectations from both in-house and external lawyers?
• Many clients have rigorous panel reviews, what are the looking for and what lessons can be learnt?
Moderator: Damian Bisseker, Head of Litigation & Investigation EMEA, Credit Suisse, UK
Clare Lynch, Senior Solicitor, Vodafone Group, UK 
Tepo Din, EMEA Head of Litigation, Enforcement and Investigations, BNY Mellon, UK
Daisy Levay, Head of Corporate Legal and Litigation, Nomura, UK 
Colin Hutton, Partner, CMS, UK

16:55 - 17:30
PechaKucha updates on the law- the latest cases and concerns
Join this high octane session as the speakers are battling against auto advanced slides & the clock in order to brief you on what they believe is the most important cases of the past five years. Ready, set, go... 20 seconds a slide for 6 minutes.
  • "Rock Advertising Ltd v MBB Business Exchange Centre Ltd [2018] UKSC 24"
    Laura Newton
    , Junior Counsel, Brick Court Chambers

  • "Reflective Loss and Asset Stripping: Garcia v Marex"
    Steven Gee QC, Joseph Hage Aaronson 
  • Sophie Weber, Junior Counsel, One Essex Court 

17:30 - 17:40 
Just a minute: Should cost recovery be abolished? Join this quickfire, entertaining, debate as the speaker's battle against the clock and discuss whether cost recovery should be abolished. 
  • Nicholas Bacon QC, 4 New Square, UK
  • Andrew Ayres QC, Maitland Chambers, UK
  • Ted Greeno, Quinn Emanuel, UK
  • Heiko Heppner, Dentons, Germany

17:40 - 17:45
Closing remarks from chairman
Sir William Blair, 3VB, UK
Clare Lynch, Senior Solicitor, Vodafone Group, UK

Drinks reception
Sponsored by 3VB
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Commercial Litigation & Arbitration Forum Pricing
Early Bird

(Ends 15/09/18)
£495 +VAT

£695 +VAT
In-house Lawyer Rate


Paul Goldie-Jones
Email: pgjones@alm.com
Tel. +44 7771 500002


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Substitutions may be sent at any time. All cancellations are subject to a 15% administration fee. To receive a refund, your written cancellation must be received a minimum of 21 days before the conference date. Refunds will not be issued after that date. To notify of a cancellation, please contact Duncan Campbell at dcampbell@alm.com.