Third Annual Joint LACBA + ICDR International Arbitration Conference

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Friday, May 9, 2014

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May 8, 2014

American Arbitration Association offices in Downtown Los Angeles

May 9, 2014

Challenges and Issues with Bias and Culture in International Arbitration

California Bias CLE credit Bonus CLE session

Faculty in this special session will explore the various challenges presented with culture, bias and diversity inherent in an international dispute resolution proceeding. Participants in an international arbitration or mediation case often underestimate the affect that some of these elements in their case and how an adjustment in perspective might improve not only the outcome but also the overall experience.

Conference welcome

Ethical Standards for Counsel in International Arbitration

California Ethics CLE credit Ethics CLE

The IBA Guidelines on Party Representation in International Arbitration were adopted in May of 2013 and stand as one of the few sources of guidance on professional conduct specific to international arbitration. Do the standards reflect truly international norms and what is their impact on American practice? Do we need a set of international guidelines? Could a breach of these guidelines cause a lawyer to have trouble with their own bar association?

Break

ICDR Rule Developments

In 2014 the ICDR will create two new rule procedures and an update of its existing international arbitration rules. The last ICDR rule changes included the pioneering of an emergency interim relief mechanism in 2006 and a document exchange guidelines in 2008. An advisory committee has reviewed feedback and observations from the ICDR user community over the past few years about the current ICDR International Arbitration Rules and process. This committee has done a comprehensive review and update of the current ICDR Rules and created two new supplementary procedures that will go into effect in the spring of 2014.

Lunch and Keynote Lunch Session

Hon. Richard M. Mosk, California Courts of Appeal, Second District

Strategies and considerations in the appointment of international arbitrators

What issues should be considered before appointing an international arbitrator? Has the time come to do away with party-appointed arbitrators in favor of allowing institutions to make all appointments? When do you need three arbitrators versus a sole arbitrator? These questions and other strategies concerning the appointment of arbitrators will be considered in this panel session.

Break

Attorney-Client Privilege, the Confidentiality of Statements Made by In-house Counsel and Other Issues of Privilege in International Arbitration

Jurisdictions around the world treat the issue of confidential communications between an attorney and client and other types of privilege differently. This raises the question of how matters of privilege are dealt with in international arbitration. What standards or law should international arbitrators apply when confronted with an issue of privilege and what considerations should guide any decision? This panel will consider the issue of privilege in international arbitration and specifically address questions over the choice of law governing privileges, the extension of privilege to cover communications by in-house counsel,  the confidentiality of statements made in settlement or mediation processes and governmental privileges.

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