2018 Commercial Litigation & Arbitration Forum
Commercial Litigation & Arbitration Forum

Thursday 2 November 2017 

08:15 - 08:45
Registration & networking breakfast

08:45 - 08:50
Opening remarks: 
Hilton Mervis, Partner, Arnold & Porter Kaye Scholer, UK 

08:50 - 09:00
Co-chairs welcome: 
Sarah Lee, Partner, Slaughter & May, UK
John Reynolds, Partner, White & Case, UK

09:00 - 09:25
Opening keynote: The future of the Commercial Court 
The Hon. Mr Justice Popplewell, Judge in Charge, Commercial Court, London, UK 

09:25 - 10:05
Disclosure- time for change 
The opening panel of today's conference will outline some significant proposals to modernise the approach taken to disclosure under CPR Part 31 in the Business and Property Courts. The proposals are 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, Lady Justice Gloster, and two members of the drafting committee (Justice Knowles and Ed Crosse) will outline what these proposals will mean in practice for clients and their advisers, and why the reforms are needed.
Moderator: The Rt Hon. Lady Justice Gloster 
Richard Blann, Head of Group Litigation, Lloyds Banking Group, UK 
Ed Crosse, Partner, Simmons & Simmons and President of the London Solicitors Litigation Association, UK 
Caroline Field, Partner, Fox & Partners, UK
The Hon. Mr Justice Knowles CBE, Commercial Court, London, UK  

10:05 - 10:50
What makes a great litigator in today's world? 
The panel will discuss what clients are looking for when searching for the 'perfect' litigator. 
Moderator: Simon Davis, Partner, Clifford Chance, UK
Tracey Dovaston, Managing Director, Head of Litigation, Investigations & Enforcement EME, Barclays, UK
Warren Little, Senior Lawyer, BT, UK
Clare Lynch, Senior Solicitor, Vodafone Group, UK

10:50 - 11:10
Refreshment & networking break

11:10 - 11:50
War game: Cyber security & data protection 
Sponsored by Stroz Friedberg
Cyber security is one of the biggest current risks facing any organisation. The panellists will discuss the litigation and practical responses and considerations for the clients and law firms. 
Moderator: Richard Little, Partner, Eversheds Sutherland, UK
Cameron Craig, Deputy General Counsel, Group Head of Data Privacy, Group Legal, HSBC, UK
Spencer Lynch, Managing Director, Stroz Friedberg 
Simon Fawell, Partner, Sidley Austin, UK  
Johannes Stillig, Head of Cyber, Schillings, UK
Ashley Winton, Partner, McDermott Will & Emery, UK

11:50 - 12:40
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) Perfecting cost control Join this interactive session to discover the key pitfalls to avoid and practical tips to ensure you budget from the outset and stay on track when trying to control costs. Our expert speakers will discuss cost recovery and budgeting for large cases and a portfolio of cases and the lessons that you can learn to contain costs. 
Suber Akther, Head of Litigation, Siemens, UK
Mark J. Forte, Partner, Conyers Dill & Pearman, BVI 

B) Disrupt or be disruptedTechnology is set to impact the world of dispute resolution. 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 on technology throughout the lifecycle of a dispute. 
Damian Bisseker, Head of Litigation EMEA, Credit Suisse, UK
Paul Lowenstein QC, Barrister, 20 Essex Street, UK
Tom Snelling, Partner, Freshfields Bruckhaus Deringer, UK 

C) War stories: legal privilegeRegulatory 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 and debate issues such as what is the scope now for claiming privilege when investigations are ongoing? What are the practical steps that you 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?
Tamara Oppenheimer, Barrister, Fountain Court Chambers, UK
Stephen Paget-Brown, Partner, Travers Smith, UK 

12:40 - 13:35 

Networking lunch 

13:35 - 14:20
Brexit one year closer 
sponsored by 3VB 
Our expert speakers will offer an insightful perspective on the state of dispute resolution in light of the political and economic trauma following the UK's decision to leave the EU. What impact will Brexit have on the enforceability of both English and EU judgments? Will London remain a competitive forum? How can we prepare for the unknown and what are the options when considering dispute resolution clauses for new contracts? The session will focus on the ramifications of Brexit on cross-border litigation and arbitration as well as the jurisdictional issues that may arise. 
Moderator: The Hon. Sir William Blair, Professor of Financial Law & Ethics, Queen Mary University of London, UK 
David GreenePartner, Edwin Coe, UK 
David Kavanagh QC, Partner, Skadden, Arps, Slate Meagher & Flom, UK 
Ali Malek QC, Barrister, 3VB, UK
Rosemary Martin, Group General Counsel & Company Secretary, Vodafone Group, UK

14:20 - 15:05 
The evolution of arbitration 
In recent years arbitration has become more prevalent but arguably is becoming increasingly similar to litigation. Is this true and what impact is this having? 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? 
Moderator: James Rogers, Partner, Norton Rose Fulbright, UK 
Dr Jacomijn van Haersolte-van Hof, Director General, LCIA, UK
Tom Price, Partner, Gowling WLG, UK 
George Spalton, Barrister, 4 New Square, UK 

15:05 - 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) Reputational management: navigating PR in litigation cases24-hour news and social media mean PR can be of strategic importance during a dispute or crisis. To what extent can PR help or hinder a case; do parties want to settle quickly to avoid reputational damage or does it fuel action through the courts? The session will offer insights and practical tips on managing reputational issues during litigation. 
Jeremy Drew, Partner, RPC, UK 
Dan Tench, Partner, CMS, UK

B) Negotiation tools & strategy for the futureJoin this session to explore the key techniques required to negotiate in high-pressure and demanding situations. What is driving the different parties and how can you build alliances and develop the skill set to resolve issues without recourse to the courts/arbitration? 
Kirk Kinnell, Former Head of Hostage Negotiation & Armed Policing, Scotland
Manuel Liatowitsch, partner, Schellenberg Wittmer, Switzerland 
Jane Player, Independent Mediator, UK 

C) 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 (a) the enforcement of English judgements and arbitral awards in Russia/CIS and vice versa (b) statute of limitations issues arising in CIS jurisdictions and (c) recent trends in investment arbitrations involving CIS states and CIS investors.
David Goldberg, Partner, White & Case, UK & Russia 
Katerina Haslam-Jones, Partner, Padva Haslam-Jones & Partners, UK 
Mona Vaswani,  Partner, Allen & Overy, UK

15:55 - 16:10
Refreshment & networking break

16:10 - 16:50
Hot topics in the USA: contrast & learn
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 witness preparation, cost recovery and funding- and will outline how this impacts on the dynamic of a dispute.
Moderator: Tom Canning, Partner, Milbank, Tweed, Hadley & McCloy, UK 
Jack Baughman, Partner, Paul Weiss, USA
Steven H. Reisberg, Partner, Chaffetz Lindsey, USA 

16:50 - 17:45
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. 
  • 'Who's right: Hollander or Knowles J? Recent decisions on the collateral use of documents'
    Matthew Bradley, Barrister, Henderson Chambers, UK 

  • 'Market manipulation and e-commerce - Not only a financial crime!'
    Markus Wiget, Partner, SPSW, Italy  

  • 'Interim relief against third parties to an arbitration: where are we now in light of DTEK?' 
    Fionn Pilbrow, Barrister, Brick Court Chambers, UK 

  • 'Enforcement of foreign arbitral awards in India and practical challenge'
    Kunaal Shah, Partner, Trilegal, India 

  • 'What to expect when you are litigating a patent case in the US'
    Ira Levy, Partner, Goodwin, USA

  • 'Choice of Court Agreements under the Revised Brussels I Regulation'
    Wilhelm Danelzik, Partner, Andersen Tax & Legal, Germany 

  • 'Fulton Shipping v Globalia - What has the Supreme Court decided is the law on deduction of benefits from claims of damages' 
    Steve Gee QC, Partner, Joseph Hage Aaronson, UK  
17:45 - 17:50
Closing remarks from the co-chairs 
Sarah Lee, partner, Slaughter & May 
John Reynolds, partner, White & Case

Drinks reception 
Sponsored by Opentext