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:
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 - 10:35
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

10:35 - 11:00
Refreshment & networking break

11:00 - 11:40
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:
• Disclosure- how is it working in practice?
• Speed v fair hearing
• Securing the award as well as costs
• Tactics for choosing the correct arbitrator 

11:40 - 12:35
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) 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?

B) Surviving brand death: Data breaches & 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?
Richard Little, Partner, Eversheds Sutherland

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. 
David McCahon, Global Head of Commercial, Innovation and Technology Lead, Barclays
Sophia Adams Bhatti, Director of Legal & Regulatory Policy, The Law Society

12:35 - 13:30
Networking lunch

13:30 - 13:50
Afternoon address: An insider view of the Supreme Court
Interviewer: Sarah Lee, Partner, Slaughter & May
Interviewee: The Rt. Hon. Lord Neuberger of Abbotsbury

13:55 - 14:40
Optimising jurisdictional litigation tactics
Brexit is inevitable and fast approaching, this panel will seek to debate the effect that Brexit will have on London as the heart of the dispute resolution market and will offer practical tips on the jurisdictional litigation tactics you can use:
• Will Brexit make a difference to the dominance of the UK commercial court?
• How are clients preparing for the transitional period and beyond?
Moderator: Sir William Blair

14:40 - 14:55
Just a minute: Should cost recovery be abolished?
Join this quick fire, entertaining, debate as the speaker’s battle against the clock and discuss whether cost recovery should be abolished.

14:55 - 15:50
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 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?

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: David Goldberg, Partner, White & Case
Artem Doudko, Partner, Osborne Clarke
Olga Tsvetkova, Partner, EPAM
Maxim Kulkov, Partner, KK&P
Katerina Haslam-Jones, Partner, Padva Haslam-Jones & Partners

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.

15:50 - 16:10
Refreshment & networking break

16:10 - 16:50
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, Credit Suisse

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 what they believe is the most important cases of the past five years. Ready, set, go... 20 seconds a slide for 6 minutes.

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

Drinks reception