USC Gould and JAMS are pleased to invite you to the Second Annual Judith O. Hollinger Program ADR Symposium. The symposium features preeminent scholars and practitioners in alternative dispute resolution (ADR) who will explore significant developments that affect ethical issues pertaining to both domestic and international arbitration and mediation. Participants and attendees will include ADR practitioners, ADR panel administrators and managers, litigators, judges and members of the academic community.
USC Gould School of Law, a State Bar of California-approved MCLE provider, certifies that this activity qualifies for minimum continuing legal education credit in the amount of 2 hours, of which 2 hours apply to legal ethics credit.
*Registrants for the Global Pound Conference on March 16, 2017 at USC will receive a $25 credit on their registration for the ADR Symposium. Enter GPC25 as the promotional code when you register. The Global Pound Conference facilitates the development of 21st century commercial and civil dispute resolution tools at the domestic, regional and international levels. See http://losangeles2017.globalpoundconference.org/.
We wish to thank our partnering organizations, whose members are eligible for the sponsor discount.
For more information, contact Jack R. Goetz, associate director of the Judge Judith O. Hollinger Program in Alternative Dispute Resolution Program at USC Gould.
A SPECIAL THANKS TO OUR HOLLINGER PROGRAM SPONSORS:
8:30 AM: Registration
9:00 AM: Welcome
Lisa Klerman, Director of the Judith O. Hollinger Program in Alternative Dispute Resolution, USC Gould School of Law
9:05 AM: Opening Remarks
Dean Andrew Guzman, USC Gould School of Law
9:15 AM - 10:30 AM: Keynote - Jan Paulsson: "Sore Losers and What to Do About Them"
Designing for legitimacy: Can we overcome entrenchment, capture and non-transparency? (Not to mention the unilateral appointment of arbitrators)
Response: Richard Chernick, Maria Chedid, David Huebner
10:30 AM: Coffee Break
10:40 AM - 11:55 AM: How International Arbitrators Decide (and Write) Awards
A panel of highly experienced international arbitrators discuss the deliberative process and how agreement is achieved and awards are written. Richard Chernick (Moderator), David Huebner; Gerald Ghikas; Horacio Grigera Naon
12:00 - 1:30 PM: Lunch Keynote - International Use of Mixed Mode Dispute Resolution Processes
International dispute resolution processes are often characterized by a mixing of modes involving interplay between arbitration and settlement-oriented facilitation. Among these are scenarios such as med-arb in which neutrals "switch hats," mediators helping set the stage for litigation and arbitrators helping promote settlement. An international task force is exploring these and other scenarios against the backdrop of different legal traditions, cultures and process goals, and considering guidelines for international practice. Tom Stipanowich
1:45 PM - 3:00 PM: Multi-Party Arbitration: A Review of Best Practices
International arbitrations that involve more than two parties can pose particular challenges. Everything from drafting an arbitration clause to picking arbitrators becomes more complex when multiple parties are involved. This panel will discuss the common challenges as well as solutions which may be used to successfully organize multiparty international arbitrations. Nathan O'Malley (Moderator), Tina Cicchetti, Jeffrey Dasteel, Salvador Fonseca
3:00 PM: Coffee Break
3:15 PM - 4:30 PM: Ethical Challenges in International Arbitration: The Search for Solutions
The lack of clear rules of engagement makes international arbitration an ethical minefield for the unwary practitioner or arbitrator. This panel will consider some of the more significant challenges in this area and explore solutions that have been implemented or that are under consideration. Steven Sletten (Moderator), Joseph LoBue, Steven Smith, Katia Yannaca-Small
4:30 PM - 5:30 PM: Cocktail Reception
All attendees are invited to a cocktail reception hosted by JAMS and honoring Judge Judith O. Hollinger.
For those traveling from out of town, a block of rooms has been reserved at the Radisson Los Angeles Midtown at USC, including free high-speed Internet access, a 24-hour business center, on-site dining at two restaurants and a lounge. The hotel is located a short walk from the Gould School of Law. The hotel also offers an outdoor swimming pool, a fitness center and a gift shop.
Radisson Los Angeles Midtown at USC
3540 South Figueroa Street
Los Angeles, CA 90007
If you plan to stay at the hotel, you will need to make your own reservations by calling (800) 333-3333 or online. Use the group name "USC-JAMS Arbitration Institute". The discounted room rate of $179 plus tax per night (block dates March 16 and 17) is offered until February 23, 2017 pending availability. Parking is an additional $25 per night with in-and-out privileges. If you desire to stay longer than the block dates, please make reservations through the hotel directly by calling 213-748-4141.
Attendees will have non-hosted parking at Parking Structure X on the USC University Park Campus. The current charge is $12/day.
Directions to USC and the parking garage:
From downtown Los Angeles, take the 110 Freeway South. Exit at Exposition Blvd. Turn right on Exposition, and then right on Figueroa. (If you are traveling northbound on the 110 Freeway, exit at Exposition and then turn left on Exposition and right on Figueroa). You will see the campus on the left side of the street. Within half a block you will see a street on the left called USC McCarthy Way and a sign for Parking Structure X and Entrance 3. Turn into that driveway (it will be labeled USC McCarthy Way) and stop at the kiosk.
The Exposition light rail line travels past USC Gould, stopping at the USC/Expo Park Station.
USC operates a shuttle to and from Union Station (UPC to Union Station).
Richard Chernick, Co-chair
Richard Chernick is vice president and managing director of JAMS' Arbitration Practice. He has conducted hundreds of complex arbitrations and mediations before major administering institutions, both domestic and international. He is a former chair of the Dispute Resolution Section of the American Bar Association and the founding president of the College of Commercial Arbitrators. He served as the ABA's sdvisor to the Revised Uniform Arbitration Act. He teaches arbitration at USC Gould School of Law and currently serves as chair of the school's Board of Councilors.
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Nathan O'Malley, Co-chair
Nathan O'Malley is a partner with Musick Peeler & Garrett and Chair of the International Arbitration and Litigation Practice. His practice focuses on international arbitration and dispute resolution. He has acted in numerous international arbitrations and represented clients before arbitral tribunals seated in The Hague, Geneva, Zurich, London, Amsterdam, Singapore, Abu Dhabi, Frankfurt am Main and in the United States. He teaches International Business Dispute Resolution and Advanced International Dispute Resolution at USC Gould School of Law.
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Steven Sletten, Co-chair
Steven Sletten is a partner at the international law firm Gibson Dunn & Crutcher where he has been a member of the firm's litigation and international arbitration practice groups for the past 34 years. His ADR experience includes domestic and international arbitrations under ICC, AAA, LCIA, and CPR rules as well as ad hoc arrangements. He is former President of the Association of Business Trial Lawyers in Los Angeles and currently serves on the Advisory Board of the USC Gould School of Law Judith Hollinger Program in Alternative Dispute Resolution.
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Maria Chedid is a partner with Baker & McKenzie LLP in San Francisco. She regularly serves as lead counsel in international commercial and investor-state arbitrations. Maria holds various executive and advisory board positions in international law and arbitration, including serving as the current president of the Northern California International Arbitration Club. She has served on the Executive Committee of the International Law Section of the California State Bar Association, and as a Member of the Regional/National Committee for the United States for the Singapore International Arbitration Centre. She is fluent in Arabic, and is a frequent guest-lecturer and speaker about international dispute resolution at law schools and conferences worldwide.
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Tina Cicchetti is a partner at Fasken Martineau DuMoulin LLP in Vancouver whose practice focuses on domestic and international commercial arbitration and investment arbitration. She has been arbitrator, counsel or tribunal secretary in a wide range of matters and has experience with cases under the ICC, AAA, ICDR, JCAA, Swiss, LCIA, UNCITRAL and BCICAC Rules. She routinely advises clients on the drafting of arbitration clauses and strategic options available in commercial and investment arbitration.
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Jeff Dasteel is an adjunct faculty member at UCLA School of Law, where he teaches International Commercial Arbitration. A fellow of the Chartered Institute of Arbitrators, he serves as co-chair of the ADR Committee of the Litigation Section of the California State Bar, is a member of the executive committee of the North American Branch of the Chartered Institute of Arbitrators and is co-chair of the Southwest Arbitration SubCommittee for the United States Council for International Business and former member of the ICC Commission on Arbitration. His publications include International Commercial Arbitration for Law Students (2nd ed., 2014).
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Salvador Fonseca is a partner of Baker McKenzie. He coordinates the Dispute Resolution practice of the firm in Mexico City. He graduated with honors from the University of Guadalajara, has a diploma on Post Graduate Studies at Law from Universidad Panamericana in Mexico City and a Master Degree on Laws from the School of Law of the New York University. Salvador has participated in arbitrations under the rules of the major arbitral institutions and is knowledgeable in dealing with dispute boards and other methods of solving disputes. He has served as sole arbitrator and chairman of arbitral tribunals in several international and local cases (under the UNCITRAL, ICC, CANACO, CAM and other rules and including a case administered by the Permanent Court of Arbitration in the Hague). He teaches Civil Procedure, Arbitration and Dispute Resolution in prestigious universities in Mexico and chairs the ICDR Mexican Advisory Committee.
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Gerald W. Ghikas
Gerald W. Ghikas, Q.C., is a Canadian commercial arbitrator who practices from Vancouver Arbitration Chambers. He has authored numerous arbitration awards as tribunal president or sole arbitrator in administered and ad hoc international and domestic cases, many of them involving energy, mining and intellectual property matters. He is chair of the Uniform Law Conference of Canada's Arbitration Legislation Review Project, a vice president of LCIA's North American User's Counsel and a member of the ICDR's Canadian Advisory Committee and the Nominations Committee of the ICC Canadian National Committee. He is a past chair of ICC Canada, a former Canadian delegate to UNCITRAL and a fellow of the College of Commercial Arbitrators and the Chartered Institute of Arbitrators.
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Ambassador (r.) David Huebner
Ambassador (r.) David Huebner is an independent arbitrator who over the course of his career has handled more than 150 arbitrations around the world as neutral or advocate. A fellow of the Chartered Institute of Arbitrators, he serves on the panels of the principal international arbitration institutions and has particular expertise in technology, life sciences, energy, infrastructure, construction and investment disputes. He has held senior positions in the Asia Pacific region, including as ambassador to New Zealand and Samoa, chairman and CEO of an international law firm, founding chief representative of an AmLaw 100 law firm in Shanghai and special policy assistant to a member of Japan's Diet in Tokyo. He has taught arbitration, intellectual property, and international business transactions at universities in the U.S., China, Germany, and New Zealand, and speaks regularly on international dispute resolution at conferences and corporate retreats.
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Joseph LoBue is a litigation partner at Fried, Frank, Harris, Shriver & Jacobson LLP, resident in the firm's Washington, D.C. office. He is a member of Fried Frank's International Arbitration, Aerospace and Defense and Intellectual Property Practice Groups. Joe represents a wide variety of clients in international commercial, international patent and investor-state arbitrations, as well as in traditional litigation. He has extensive experience in complex disputes involving aerospace, energy and telecommunications technologies. Joe received a Bachelor's Degree in Engineering from the Cooper Union for the Advancement of Science and Art and his J.D. magna cum laude from the Catholic University of America. Prior to attending law school, he served as an officer and aviator in the United States Navy and retired as a Commander in the United States Naval Reserve.
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Dr. Horacio Grigera Naón
Dr. Horacio Grigera Naón is the Director of the Center on International Commercial Arbitration at the Washington College of Law at American University in Washington D.C. and an independent international arbitrator and consultant on business and international law matters. He is a former Secretary General of the International Court of Arbitration of the International Chamber of Commerce and has been a practitioner in the field of international commercial arbitration and international business law for over twenty-five years. Dr. Grigera Naón has also widely published in those areas.
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Jan previously headed the global arbitration and public international law groups at a leading international law firm, which for many years under his leadership held first place in the Global Arbitration Review list of 100 top international arbitration practices. He has acted as advocate or arbitrator in hundreds of arbitrations in all familiar venues. He is the immediate past president of the London Court of International Arbitration and the International Council for Commercial Arbitration and has served as a vice president of the ICC International Court of Arbitration. He holds the Michael Klein Distinguished Scholar Chair as professor of law at the University of Miami.
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Steve Smith is a partner with Jones Day in San Francisco and focuses his practice on the arbitration and litigation of complex international commercial disputes in a broad range of industries. Steve is a frequent author on international arbitration issues and speaks regularly on international dispute resolution at conferences all over the world. He is a Lecture in Law at Stanford Law School where he teaches international commercial arbitration.
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Thomas Stipanowich holds the William H. Webster Chair in Dispute Resolution and is professor of law at Pepperdine University School of Law, as well as academic director of the Straus Institute for Dispute Resolution. A noted scholar and the author of more than 50 books and articles, he co-authored a leading treatise on the Federal Arbitration Act that has been cited by the Supreme Court and many other courts; he is also co-author of Wolters-Kluwer's leading law school text and materials on conflict resolution, Resolving Disputes: Theory, Practice & Law (3rd ed., 2016). He received the D'Alemberte-Raven Award, the ABA Dispute Resolution Section's highest honor, and in 2016 was given the CPR's James F. Henry Award for "outstanding achievement by individuals for distinguished, sustained contributions to the field of ADR."
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Katia Yannaca-Small is Counsel with the International Arbitration and Public International Law Groups of Shearman and Sterling LLP in Washington, D.C., where she represents and advises states, state-owned entities and companies on commercial and investor-state arbitration and public international law issues. Prior to joining the private sector, Katia was a Senior Legal Advisor with the Organization for Economic Co-operation and Development (OECD), in charge of the department of international investment agreements and arbitration. Katia also served as Senior Counsel with the International Centre for the Settlement of Investment Disputes (ICSID). She is lecturer in law at the USC Gould School of Law, teaching International Investment Law and Arbitration. She is a frequent speaker, has written extensively in this field and is the editor of, and the author of several chapters of, the Oxford University Press Book on Arbitration under International Investment Agreements: A Guide to the Key Issues, the second edition of which is in preparation.
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