L O Y O L A U N I V E R S I T Y C H I C A G O S C H O O L o f L A W

I n t e r n a t I o n a l l a w r e v I e w s y m p o s i u m 2 0 1 2

U.S. Impact on International Commercial Arbitration:

Positive or Negative?

Friday, February 10, 2012 • 8:30 am—3:00 pmpHiLip H. Corboy LaW CeNTer • poWer roGers & smiTH CourTroom

25 e. pearsoN sTreeT • CHiCaGo, iL 60611

Symposium Editor: Rachel Howland

SymPoSIUm AGENDAFriday, February 10, 2012

12:30-1:30 pm • Luncheon Scholarly Address

Philip McConnaughayDean, Penn State University Dickenson School of Law

1:30 am–3:00 pm • Panel #2

debate: u.s. style discovery methods in international Commercial arbitration, Good or bad?

Peter AshfordCripps Harries Hall LLP

Virginie Colaiuta Pinsent Masons LLP

David HaighBurnet, Duckworth, & Palmer LLP

Pedro Martinez-Fraga DLA Piper

Teresa Frisbie, moderator Loyola University Chicago School of Law

Topic: This panel will engage in a debate concerning whether discovery methods favored in the United States are ever appropriate in international commercial arbitration.

8:30-8:50 am • Continental Breakfast

8:50-9 am • Opening Remarks

Thomas Haney Loyola University Chicago School of Law

9-9:30 am • Ethics in International Commercial Arbitration

Margaret Moses Loyola University Chicago School of Law

9:30-10 am • Arbitrator Selection

Lawrence Schaner Jenner & Block LLP

10-10:15 am • Break

10:15 am-11:45 am • Panel #1

discussion: international movement Toward online dispute resolution, should This be encouraged?

Ron BrandUniversity of Pittsburgh School of Law

Hugh Stevenson Fair Trade Commission

Deepak GuptaConsumer Financial Protection Bureau

Topic: This panel includes a discussion of the potential benefits and pitfalls of using online dispute resolution to settle international disputes.

11:45 am-12:15 pm • American Exceptionalism and the Rights of

Consumers in Cross Border Arbitration Agreements

Amy SchmitzUniversity of Colorado School of Law

ab

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Ce • This conference and w

orkshop will

explore current trends in international comm

ercial arbitration. Speakers w

ill discuss the practical advantages and disadvantages of using arbitration to resolve international com

mercial disputes. m

ethods used to preserve international ethical standards throughout the arbitral proceeding w

ill also be com

pared and contrasted, and the conference will feature distinguished

practitioners and scholars from a variety of backgrounds. These speakers w

ill present their ideas and com

ment on their experiences w

ith international com

mercial law

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• Loyola University Chicago School

of Law is pleased to present this im

portant conference at no charge for Loyola students and faculty and individuals not seeking CLE credits. For those w

ho wish to obtain credit, registration fees are $165, or $137

for alumni. There is no charge for CLE credit for current faculty, staff, or

students, and a 50% fee reduction is offered for attorneys w

orking in the areas of governm

ent or public interest. Seating is limited and registration

is appreciated. open seating w

ill be available on a first-come basis to

those who do not register. For registration inform

ation, please visit LUC.

edu/law/ilrsym

posium.

This program has been approved by the Illinois M

CLE Board for 5.5 hours of G

eneral MCLE credit. The 5.5 hours include 1 hour of Professional

Responsibility Credit, pending approval.

ab

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l law

rev

Iew • The Loyola U

niversity Chicago International Law

Review is a sem

i-annual journal that focuses on current topics in international and com

parative law. The journal is

directed to students, academics, and practitioners in the legal com

munity.

It contributes to the general body of knowledge through publishing

articles on important legal and social developm

ents. Loyola law students

edit, manage, and publish the journal, including the yearly sym

posium

issue in which established scholars and practitioners contribute articles

focusing on a contemporary issue in international law

.

For more inform

ation, please visit LUC.edu/law

/ilrsymposium

or contact Sym

posium Editor Rachel H

owland at rhow

land@luc.edu

Philip H. Corboy Law

Center25 E. Pearson St.Chicago, IL 60611

reGisTraTioN LuC.edu/law/ilrsymposium

pedro j. marTiNeZ-FraGa is a partner in DLA Piper’s International Arbitration and Litigation practice. Based in miami, he is the firm’s coordinator of international disputes for Latin America and Florida. He has represented Argentina, Brazil, Chile, Guatemala, El Salvador, Ecuador, Honduras, and instrumentalities of Spain, and served as an arbitrator in ICC and major ICSID (World Bank) proceedings. mr. martinez-Fraga is a noted scholar and lecturer, he has written more than fifty articles published in fifteen countries, and five books on public and private international law. He served as an adjunct professor at the University of miami School of Law from 2002-2010, and is a full visiting professor at the University of Navarra School of Law in Pamplona, Spain, and an Honorary Professor of Law at the Universidad de San Ignacio de Loyola in Lima, Perú. mr. martinez-Fraga is a graduate of St. John’s College, summa cum laude, and of Columbia Law School, Harlan Fiske Stone Scholar. He also holds Licenciatura, magister, and DEA degrees from the Universidad Complutense de madrid.

LaWreNCe sCHaNer is a partner in Jenner & Block’s litigation department. He is the chair of the Jenner & Block International Committee, cochair of the International Arbitration practice and a member of the Complex Commercial Litigation practice. He has over 20 years of experience focusing on the resolution of complex business disputes. He devotes a substantial portion of his practice to the representation of clients in arbitrations, matters relating to arbitration, mediation and international litigation. He has significant experience with the recognition and enforcement of domestic and foreign arbitration awards, international discovery issues, disputes over arbitration agreements, and matters such as drafting dispute resolution and forum selection clauses and counseling clients regarding dispute resolution alternatives. He regularly acts as an arbitrator and is a member of the arbitration panels of the International Centre for Dispute Resolution, the Chicago International Dispute Resolution Association and the Circuit Court of Cook County. mr. Schaner earned his JD from Stanford Law School, and his AB in history, magna cum laude, from Duke University.

HuGH sTeVeNsoN is the U.S. Federal Trade Commission’s deputy director for International Consumer Protection. He has served on the U.S. delegations of various international organizations, and currently heads the U.S. delegation to the oECD Committee on Consumer Policy. He has also served as a moderator for various FTC and oECD workshops focusing on international issues, including jurisdiction, judgment recognition, alternative dispute resolution, and spam. He has made presentations to congressional committees, and to various international organizations and other audiences on five continents. He coordinated FTC work on the 2006 U.S. SAFE WEB Act on international enforcement cooperation, and has led the negotiation of enforcement cooperation arrangements with agencies in Australia, Canada, Ireland, mexico, Spain, and the United Kingdom. As the FTC’s associate director for planning & information, he led the establishment of the FTC’s Consumer Response Center, the FTC’s identity theft program, and the Consumer Sentinel complaint system, now accessible to more than 1,000 U.S. and foreign enforcement partners. He has also litigated for the FTC, for state government, and in private practice. mr. Stevenson received his JD, magna cum laude, from Harvard.

amy sCHmiTZ teaches contracts, secured transactions and commercial arbitration at University of Colorado Law School. Before joining University of Colorado in 2000, Professor Schmitz practiced with Faegre & Benson LLP, in its minneapolis office, and the Seattle office of Stoel Rives LLP. Her practice in Stoel Rives’ construction and design group focused on commercial issues, and included representation of a variety of parties in litigation, arbitration and other alternative dispute resolution processes. Her current research project focuses on analysis and enforcement of contractual promises to participate in private dispute resolution processes not governed by statute, along with various projects involving commercial arbitration issues. She has been active in recent debates regarding law and policy impacting consumer arbitration. Professor Schmitz received her JD, summa cum laude, from the University of minnesota Law School, and her BA, summa cum laude, from Drake University.

peTer asHFord is a partner at Cripps Harries Hall LLP in London. He advises on a wide range of commercial disputes with a particular emphasis on substantial commercial contract disputes, especially those involving an international aspect. He is particularly experienced in complex, high value claims and acts for many international clients. He is also a fellow of the Chartered Institute of Arbitrators and the author of the Handbook on International Commercial Arbitration, published by Juris Publishing of New york in 2009. mr. Ashford has practiced in international arbitration for many years and has participated in conferences in London, New york, miami, Dublin, Paris and Vienna. He is currently writing a Guide to the IBA Rules on Taking Evidence in Commercial Arbitration due to be published by Cambridge University Press in 2012 and working on the second edition of the Handbook on International Commercial Arbitration. mr. Ashford received a GDL and LPC from the University of the West of England and a BSc from the

University of Bristol.

VirGiNie CoLaiuTa is a partner of Pinsent masons LLP in London. Her practice focuses on international arbitration and litigation. She represents private and state companies in commercial and investment arbitration proceedings under the ICC, SCC, UNCITRAL and ICSID rules relating to construction and energy disputes also based on bilateral or multilateral investment treaties. Her publications include: Discovery in International Arbitration, and The Similarity of Aims in the American and French Legal Systems with Respect to Arbitrators’ Powers to Determine Their Jurisdiction. ms. Colaiuta holds a Laurea in Giurisprudenza (equivalent to a JD degree) from the Law School of the University of Rome and an LLm from University of Chicago Law School. She anticipates her Doctorat en Droit (equivalent to a SJD degree) in 2012 from the Law

School of the University Panthéon-Assas.

daVid HaiGH is a senior partner with the Calgary law firm of Burnet Duckworth & Palmer LLP where he has practiced as a commercial litigation counsel in the Canadian courts and as an advocate and arbitrator in the field of international commercial arbitration. He has served as an arbitrator on numerous international commercial arbitration and investor-state panels. He has, in addition, acted as counsel on a wide variety of arbitration claims, including ad hoc, institutional, private and investor-state disputes. mr. Haigh served as the national chairman of the Canadian ICC Committee for 6 years and he is a director of the American Arbitration Association (“AAA”). He has been a Fellow of the Chartered Institute of Arbitrators for many years and is now a Chartered Arbitrator. mr. Haigh received a Bachelor of Laws from the University of Toronto, and a Bachelor of

Arts from the University of Alberta.

roN braNd teaches at the University of Pittsburgh School of Law. Professor Brand represented the United States at the Special Commissions and the Diplomatic Conference of the Hague Conference on Private International Law that produced the 2005 Convention on Choice of Court Agreements. Professor Brand’s more recent books include: International Civil Dispute Resolution; The 2005 Hague Convention on Choice of Court Agreements: Commentary and Documents; and The CISG and the Business Lawyer: The UNCITRAL Digest as a Contract Drafting Tool. Professor Brand was the driving force behind the creation of the University of Pittsburgh’s Center for International Legal Education (CILE) and its master of Laws Program for Foreign Law Graduates. His excellence in the classroom has earned Professor Brand both the Chancellor’s Distinguished Teaching Award, a University-wide honor, and the Law School’s Excellence-in-Teaching Award. He has also received the Chancellor’s Distinguished Public Service Award. Professor Brand received his JD from Cornell University and his BA from the University of Nebraska.

CoNFereNCe CosT No CHarGe • For Loyola students and faculty, and individuals who do not wish to obtain CLE credits

$165 • Individuals seeking CLE credits$137 • Loyola graduates seeking CLE credits

50% Fee reduCTioN for attorneys working in the areas of government or public interest.

reGisTraTioNLuC.edu/law/ilrsymposium

speakers

marGareT moses is the director of the International Law and Practice Program at Loyola University Chicago School of Law. She teaches International Commercial Arbitration, International Business Transactions, International Trade Finance, European Union Law, and Contracts. Professor moses is an internationally recognized scholar in the field of international commercial arbitration. Her treatise on international commercial arbitration, published in 2008 by Cambridge University Press, has received favorable reviews in publications around the world. A second edition is forthcoming in 2012. Her teaching and writings are informed by her participation as an arbitrator in arbitrations under the auspices of the International Chamber of Commerce, Court of Arbitration and the American Arbitration Association’s International Centre for Dispute Resolution. Professor moses holds a BA, magna cum laude, from Agnes Scott, mAT from Harvard, mA and PhD from Indiana, and JD from Columbia.

pHiLip mCCoNNauGHay teaches and serves as dean at Penn State Law. Dean mcConnaughay authored several scholarly articles and edited books concerning international commercial dispute resolution, the regulation of international commerce, and the role of arbitration in economic development. For eighteen years, Dean mcConnaughay practiced law with the international law firm of morrison & Foerster, including almost ten years as a resident partner in Tokyo and Hong Kong. His work included representing Fujitsu Limited in the celebrated IBm/Fujitsu Arbitration, a multi-billion dollar dispute concerning worldwide intellectual property rights in mainframe computer operating system software. Dean mcConnaughay also served as an advisor to a Government of Indonesia project with respect to the drafting of a new arbitration law. Dean mcConnaughay holds JD and BA degrees from the University of Illinois.

opeNiNG remarks

THomas HaNey is a professor of law and former associate dean at Loyola University Chicago School of Law. He also co-founded the Loyola summer program in Rome. Professor Haney has had a varied experience in law: he practiced both in a large Chicago law firm and as a partner in a small pro bono firm, served as counsel for the international division of a major corporation, taught graduate and undergraduate courses at the Loyola School of Business, and studied mexican law at the Universidad Nacional Autonoma de mexico. Professor Haney served as a member of the Illinois Task Force on Gender Bias in the Courts, and for many years was a member of the Skills Training Committee of the ABA Section of Legal Education. Professor Haney attended law school as a Weymouth Kirkland Scholar and received his JD and LLm from the University of Chicago. He received his BS, cum laude, and mBA from Loyola University Chicago.

moderaTor

Teresa Frisbie serves as the director of the Dispute Resolution Program at Loyola University Chicago School of Law. She has been involved in alternative dispute resolution for more than half of her twenty-four year legal career. Named an Illinois Leading Lawyer in Alternative Dispute Resolution in the categories of international, employment and commercial litigation, she has mediated and arbitrated hundreds of disputes ranging from real estate and partnership conflicts to estate and employment cases. ms. Frisbie is a certified mediator in the Circuit Court of Cook County Law Division and Chancery Division mediation programs, is on the panel of neutrals for ADR Systems of America, and has also served as a mediator for the Center for Conflict Resolution and as an arbitrator for the Circuit Court of Cook County. She was named a fellow of the Chartered Institute of Arbitrators, London, in 1997, and has served as executive director and a panel member for the Chicago International Dispute Resolution Association (“CIDRA”). ms. Frisbie received her JD from Loyola University Chicago School of Law and her BA from University of Illinois.