2018 Commercial Litigation & Arbitration Forum
 
Commercial Litigation & Arbitration Forum 2018

Tuesday 6 November 2018


08:15 - 08:50
Registration & networking breakfast

08:50 - 09:00
Chairman’s welcome:
The Hon. Sir William Blair, UK
Tracey Dovaston, Head of Litigation, Investigations & Enforcement EME, Barclays, UK

09:00 - 09:25
Opening keynote: A candid look at the future of the Commercial Court
Interviewer: Hilton Mervis, Partner, Arnold & Porter Kaye Scholer, UK
Interviewee: The Hon. Mr Justice Popplewell, Judge in Charge, Commercial Court, London, UK

09:25 - 10:05
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 two members of the drafting committee (Justice Knowles 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
Gayathri Kamalanathan, UK Head of Litigation & Regulatory Enforcement, Deutsche Bank
The Hon. Mr Justice Knowles CBE, Commercial Court, London, UK
Chief Master Marsh, UK

10:05 - 10:45
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
Tamara Oppenheimer, Barrister, Fountain Court Chambers, UK

10:45 - 11:05
Refreshment & networking break

11:05 - 11:45
Caught in the crossfire: The rise of mass party litigation
Mass party litigation is on the rise in the UK. Join our expert panel as they outline the current trends and changes that the UK is seeing with mass party litigation 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 mass party case look like?
• What is the availability of funding for a mass party litigation?
• How do you effectively settle a multi-party dispute?

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 evolution of arbitration
In recent years arbitration has become more prevalent but arguably is becoming increasingly similar to litigation. Our expert speakers will debate if there are still advantages of arbitration in modern disputes and are there novel ways that arbitration procedural rules can be used to create a strategic advantage?

B) Will London remain at the heart of disputes resolution?
Join this interactive session to debate the effect that Brexit will have on London as the heart of dispute resolution market:
• Where have we got and where are the negotiations heading?
• Will Brexit make a difference to the dominance of the UK commercial court?
• How are clients preparing for Brexit, are they beginning to favour jurisdictional clauses?

12:45 - 13:45
Networking lunch 

13:45 - 14:10
Afternoon address 
The Rt. Hon. Lord Neuberger of Abbotsbury

14:10 - 15:10
The implications of GDPR in practice
The General Data Protection Regulation (GDPR) has been at the forefront of everyone’s mind, but now that the regulation has come into force what is the litigation risk that is arising? Is GDPR the real threat that corporates should be concerned about? And what are the consequences following a breach of the GDPR regulation and the means by which the enforcement regime will develop?

15:10 - 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.

A) Strategy planning for your internal corporate investigations
Join this interactive session as General Counsel share the route that they take when running internal investigations. What is the role of the legal team in investigations and who should run them, compliance or legal? What governance models do corporates use to oversee an investigation? What is best practice? How far should you go to protect a whistleblower?

B) 
Russian and CIS related disputes
The volume of complex high-value Russian and CIS-related disputes in the High Court and LCIA is steadily increasing. Join us to discuss:
• The enforcement of English judgements and arbitral awards in Russia/CIS and vice versa
• Statute of recent trends in investment arbitrations involving CIS states and CIS investors.

15:55 - 16:10
Refreshment & networking break

16:10 - 16:50
Hot topics in the USA: your rules not mine
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 and will outline how this impacts on the dynamic of a dispute.

16:50 - 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 the key cases of the moment in the least amount of time. Ready, set, go... 20 seconds a slide for 6 minutes.

17:30 - 17:35
Closing remarks from chairman
The Hon. Sir William Blair, UK
Tracey Dovaston, Head of Litigation, Investigations & Enforcement EME, Barclays, UK

17:35
Drinks reception