Thevenin Joins USCIB as General Counsel

Nancy Thevenin

New York, N.Y., October 11, 2017Nancy M. Thevenin has joined the United States Council for International Business (USCIB), which represents America’s leading global companies, as general counsel. USCIB serves as the U.S. affiliate of several global business bodies, including the International Chamber of Commerce (ICC), the world business organization whose International Court of Arbitration is the world’s leading forum for the settlement of cross-border commercial disputes.

Thevenin’s portfolio will include supporting USCIB’s Arbitration Committee and coordinating the work of the U.S. Nominations Committee to the ICC Court. Additionally, she will coordinate amicus requests and responses from USCIB members and other interested parties. Further, Thevenin will work closely with USCIB’s business development team to ensure more comprehensive membership recruitment outreach to both law firms and corporations.

“Nancy Thevenin brings extensive experience to this important position within USCIB,” said USCIB President and CEO Peter M. Robinson. “Our members, including both companies and law firms, have broad experience and knowledge of global arbitration and other legal matters. I am confident that Nancy will be able to fully leverage those relationships to drive further organizational growth and improved services to members.”

Thevenin previously served as deputy director of the ICC Court’s North American marketing office, which at that time also managed USCIB/ICC-USA’s Arbitration Committee. During her tenure, the group helped launch the ICC International Mediation Competition and developed USCIB’s Young Arbitrators Forum (YAF), which Thevenin helped develop and wrote the proposal to turn into a global organization under the ICC umbrella. She later joined Baker & McKenzie as a special counsel and global coordinator of the firm’s International Arbitration Practice Group. Thevenin left Baker in 2014 to start her own practice as arbitrator and mediator. She is the chair of the International Section of the New York State Bar Association and an adjunct professor of the international commercial arbitration course at St. John’s Law School.

A graduate of Tulane Law School where she obtained certificates in European legal practice and in commercial arbitration, Ms. Thevenin also attended the University of Paris at Panthéon-Assas in France, where she studied the French legal system and European Community law. She is a graduate of Cornell University, where she obtained a double major in history and Spanish literature. While at university, Ms. Thevenin lived in Madrid, Spain and studied international relations, Spanish law and Spanish literature. Thevenin is a Fellow of the Chartered Institute of Arbitrators and is licensed to practice law in New York and Florida.

About USCIB:

USCIB promotes open markets, competitiveness and innovation, sustainable development and corporate responsibility, supported by international engagement and regulatory coherence. Its members include U.S.-based global companies and professional services firms from every sector of our economy, with operations in every region of the world. As the U.S. affiliate of the International Chamber of Commerce, the International Organization of Employers and Business at OECD, USCIB provides business views to policy makers and regulatory authorities worldwide, and works to facilitate international trade and investment. More information is available at www.uscib.org.

Contact:
Jonathan Huneke, VP communications, USCIB
+1 212.703.5043 or jhuneke@uscib.org

USCIB Welcomes New General Counsel for Arbitration

Nancy Thevenin

USCIB welcomed a new staff member last week to lead its work on Arbitration. Nancy M. Thevenin joined on October 2nd as General Counsel, coordinating the work of the U.S. Nominations Committee for the ICC Court of Arbitration. Thevenin’s portfolio will include supporting the USCIB Arbitration Committee. Additionally, she will coordinate amicus requests and responses. Thevenin will work closely with USCIB’s Business Development team in ensuring a more comprehensive policy, legal and arbitration membership outreach to both law firms and corporations.

Thevenin previously served as deputy director of the ICC Court of Arbitration’s North American marketing office. During her tenure, the group helped launch the ICC International Mediation Competition and developed USCIB Young Arbitrators Forum (YAF), with Thevenin drafting the proposal for the ICC to make YAF a global organization. Nancy then joined Baker & McKenzie as a special counsel in and global coordinator of their International Arbitration Practice Group. She left Baker in 2014 to start her own practice as arbitrator and mediator and continues to teach the spring semester international commercial arbitration course at St. John’s Law School.

We hope you join us in welcoming her to the USCIB team!

USCIB Partners With Global Business Organizations at UNGA Opening Week

ICC Secretary General John Danilovich opens the UN SDG Business Forum in July 2017

USCIB is proud of its affiliations with leading global business organizations in the multilateral system and had the privilege to work with the International Chamber of Commerce (ICC) and the International Organization of Employers (IOE) to make the case for recognized opportunities for the private sector to cooperate and dialogue with the UN across the range of issues covered by the 2030 Agenda for Sustainable Development.

International Chamber of Commerce (ICC)

This year marked ICC’s first UNGA session attending as a recognized observer organization. ICC’s delegation was led by ICC Chairman Sunil Bharti Mittal and included ICC executive board members and ICC Secretary General John Danilovich.  ICC’s planned engagement was intended to firmly establish ICC’s presence at the UN as the definitive voice of global business – building on engagement at this year’s UN Financing for Development Forum in May and the High-Level Political Forum in July.

ICC drew on the work of several ICC Commissions to inform deliberations on the Sustainable Development Goals (SDG’s) – from the important role of digital technologies in delivering the SDG’s to ICC’s trade facilitation activities, to its efforts to promote small and medium sized companies in trade and other commercial activities. ICC involvement during the UNGA’s opening week included:

-ICC High-Level week side-event, in conjunction with the governments of Indonesia, Norway and Mexico, as well as UNDESA and the Mobile association GSMA.

-Joining events on Digital Entrepreneurship for 2030,  the UN Innovation Summit, and the UN private Sector to discuss the role of private sector technology and innovation in implementing the SDG’s.

As in previous years, ICC played a leading role in the Concordia Summit, specifically in the session on “Innovative Financing Solutions to achieve SDG’s.”

International Organization of Employers (IOE)

USCIB President and CEO Peter M Robinson, who also serves as regional vice president for North America for the IOE, represented IOE during several employer-organized side-events, including the launch of the Equal Pay International Coalition (EPIC). EPIC is a strategic multi-stakeholder partnership founded by the International Labor Organization (ILO), UN Women and the Organization for Economic Cooperation and Development (OECD) to assist UN Member States in achieving the SDG’s, specifically those that promote gender equality and women’s empowerment.

Robinson spoke on a panel on “Drawing top talent for innovation and growth at leading businesses through equal pay policies,” alongside business leaders from IKEA, Accenture, Barclay’s, GAP and Catalyst. Robinson emphasized the compelling business and economic case for unleashing women’s skills and talents and empowering women to enjoy equal access to job opportunities and career advancement. Rather than increasing regulation and legislation, Robinson pointed out that solutions for closing gender parity gaps include a better understanding of the barriers behind such gaps, with cultural and legal barriers differing widely among countries.

“The IOE, with its global membership, is well positioned to help in this regard in both education and advocacy: it is able to share and leverage the experiences of its membership in providing practical services to members and in informing and advising governments and international organizations on policy actions,” said Robinson.

Robinson also represented employers at an Alliance 8.7 launch of the ILO’s Modern Slavery and Child Labor Global Estimates where he provided insight on the position of employers with regards to child labor and forced labor. In his remarks, Robinson emphasized the continued dedication of employers to eradicate child labor and forced labor, noting the importance of collaboration between governments and the private sector, especially given the complexity of today’s global supply chains.

“While the primary responsibility lies with governments to establish and enforce national labor laws, business also has a desire and responsibility to do what it can to respect and follow those laws and looks forward to working with governments and other civil society actors in the shared fight to eliminate child and forced labor,” said Robinson.

The new Modern Slavery Global Estimates encompass forced labor and forced marriage and it is the first time such research was conducted. The ILO and the Walk Free Foundation jointly published the new Modern Slavery Global Estimates. Additionally, the new Child Labor estimates will be an update to the Global Estimates on Child Labor published by the ILO in 2012.

WTO Meetings in Geneva Set the Stage for Upcoming Ministerial

As governments begin to prepare for the upcoming World Trade Organization (WTO) Ministerial (MC 11) in December, USCIB Senior Vice President Rob Mulligan traveled to Geneva last week for the WTO’s annual Public Forum, as well as related meetings organized by the International Chamber of Commerce (ICC).  Mulligan also met separately with a range of officials from the WTO, U.S. government, foreign governments and international organizations.

The issues mentioned most often in these meetings as having the potential for some type of action at the Ministerial included investment facilitation, fisheries subsidies, e-commerce, services facilitation and agriculture.  However, it also seems that each of these are facing challenges that could prevent a deliverable at MC 11.

Discussions during the Public Forum around the impact of trade often looked at the impact of technology and the need for better approaches to education and training, as well as more effective safety nets for those losing jobs. Additionally, some countries, including the United States, voiced the need for institutional reform at the WTO. According to Mulligan, it was suggested that business could play an important role in pressing for reforms.

“While the Ministerial may not produce a number of deliverables, business engagement will be needed to ensure that the WTO moves forward after the Ministerial on issues that address meaningful concerns with the global trading system,” said Mulligan. “This will be important to preserving the relevance and value of the WTO in opening global markets,” he added.

In addition to the Public Forum, ICC hosted a panel that highlighted the report they had sponsored in March with a range of ideas for the WTO to take up at the December Ministerial.  Panelists also discussed the importance of investment protections and cross-border data flows to business.  ICC noted that they will be working with the government of Argentina in organizing a Business Day in Buenos Aires on December 12 that will deliver recommendations to the WTO on future work.

This year’s WTO Ministerial will be hosted by Argentina.

Shiles to Promote Trade Services at World Chambers Congress

This year’s World Chamber Congress is taking place in Sydney, Australia

The International Chamber of Commerce (ICC) kicks off the tenth installment of its biennial World Chambers Congress this week in Sydney, Australia, which will bring over 1,200 delegates from across the globe to discuss challenges impacting the business and chamber communities and to exchange knowledge and expertise while promoting result-oriented innovation. In an ever-changing business climate, the Congress, with its high level speakers, addresses and examines today’s most significant global issues.

Among them will be USCIB’s Senior Vice President for ATA Carnet and Trade Services Andy Shiles who will be attending ATA Carnet global management meetings in Sydney. Stay tuned for next week’s e-newsletter for a report from the field!

New South Wales Premier Gladys Berejiklian will officially opened the World Chambers Congress. While the Congress is taking place in Australia during the United Nations General Assembly in New York, ICC First Vice-Chair and Corrs Chambers Westgarth Partner and CEO John W.H. Denton acknowledged the important discussions taking place in New York and called on business and chamber leaders to show support for the UN Sustainable Development Goals and help ensure that businesses worldwide are doing all they can —in their daily operations and investments—to drive their implementation.

The #10WCC is jointly organized by the Sydney Business Chamber, a division of NSW Business Chamber and the ICC.

ICC/USCIB Competition Committee Hosts DOJ Antitrust Expert

USCIB’s Competition Committee held its annual joint meeting on September 11 in partnership with the International Chamber of Commerce (ICC) Commission on Competition. Introductory remarks included comments by Paul Lugard, partner, Barker Botts LLP and chair of the ICC Competition Commission, and John Taladay, partner, Baker Botts LLP and chair of the USCIB Competition Committee.

The meeting included an off-the-record exchange of views with Bernard A. Nigro, Jr., deputy assistant attorney general, U.S. Department of Justice, antitrust division, on issues of relevance to USCIB membership, including international engagement, trade related competition issues and mergers.

The remainder of the meeting provided updates on the ongoing projects of the various task forces of the ICC Competition Commission, including on compliance and advocacy, merger control regimes, due process, the International Competition Network (ICN), cartels and leniency, and court proceeding in antitrust damage claims.

Finally, the membership received an update on ASEAN competition issues by Hatasakdi Na Pombejra from HN Pro International, who presented on behalf of ICC Thailand.

Business and Climate Summit Highlights Business Leadership

The third annual Business and Climate Summit—the leading forum for business leaders, investors and policymakers on climate action—took place from August 31 to September 1 this year in New Delhi, India. The Summit showcased business leadership in addressing climate change and highlighted how business can help governments achieve climate objectives.

This year’s Business and Climate Summit in New Delhi delivered a powerful statement as private sector representatives from around the world gathered for the first time in an emerging country to showcase their commitment to tackling climate change. While the Paris Agreement aims to hold the increase in global average temperature to well below 2°C, current government pledges will only contain the increase in global warming to approximately 3°C. Business has already stepped up to bridge the gap, and the Summit aimed to highlight how.

Hosted by the Federation of Indian Chambers of Commerce and Industry (FICCI) in collaboration with the International Chamber of Commerce and other partners, the Summit consisted of two days of high-level discussions across six plenary sessions and nine ‘focus sessions’, covering topics from urban mobility to energy security. The Summit hosted high-level deliberations to voice messages from businesses on private sector actions around climate change and future visions for a low-carbon trajectory.

“Business has a vital and constructive role to play in informing climate policy,” ICC Secretary-General John Danilovich said. “This year’s Business and Climate Summit comes at a crucial time and offers business the opportunity to show the positive steps we are taking towards a more sustainable economic future.”

Bharat Salhotra, managing director of Alstom India and South Asia, said, “The transport sector has a key role towards delivering the mitigation and adaptation objectives of the Paris Agreement. Getting city-dwellers out of their private fossil-fueled vehicles and into sustainable mass transport must be an objective of city authorities.”

The Business and Climate Summit brought together more than 70 high-profile speakers from around the world—comprising CEOs of top companies, ministers and high-level representatives of governments, international agencies and global climate-related organizations—with participation from more than 15 countries representing over 30 sectors of the economy. Participants aim to amplify key policy messages ahead of the UNFCCC’s COP23 meetings.

The New Delhi Summit is being shown a high level of support from the Indian Government, with key ministries such as the Ministry of Environment, Forest and Climate Change, Ministry of New and Renewable Energy, Ministry of Finance, Ministry of Petroleum and Natural Gas and Ministry of Railways represented by speakers at the event.

ICC and WTO Launch Small Business Champions Initiative

A joint effort to facilitate participation by smaller companies in international trade has been launched by Roberto Azevedo, the director general of the World Trade Organization (WTO), and John Danilovich, secretary general of the International Chamber of Commerce.

Those businesses putting forward successful proposals will be recognized as “ICC-WTO Small Business Champions.”

Despite their economic importance in developed, developing and least-developed countries, the share of trade accounted for by micro, small and medium-sized enterprises (MSMEs) is disproportionately small, often because they are unaware of the potentially wider market and because they traditionally have not had the resources to navigate sometimes complex trading procedures. But new technologies are helping to pare back these obstacles and create a more level playing field for smaller companies in international trade. Helping more MSMEs to trade internationally is an important step in building a more inclusive trading system that benefits a wider array of citizens.

Secretary General Danilovich and Director General Azevedo are therefore calling for businesses and private sector organisations to step forward with proposals which can help MSMEs to participate in international trade. The aim is to raise awareness of the barriers that MSMEs face in doing business across borders, highlight the experiences and success stories of those MSMEs that are already trading, facilitate access to critical information, and raise skills among MSMEs to enable them to diversify export markets.

“I have heard many great ideas from the private sector over recent months about how we might be able to help MSMEs to trade,” said Azevedo. “This initiative is our response – it is about capturing some of those ideas and using the shared platform of the WTO and ICC to help make them a reality. I look forward to seeing innovative proposals aimed at raising awareness among MSMEs of the opportunities that trade can provide, and how they can seize those opportunities.

“The trading system is there for everyone, but MSMEs can often find it harder to reach overseas markets. The smaller the business, the bigger the barriers can seem. Spreading the benefits of trade further and wider means helping these companies to take part, particularly as MSMEs are such important job creators.”

Danilovich added: “Trading internationally can provide a huge boost to MSME growth. We know that small businesses which export tend to grow more quickly, pay better salaries and create more jobs. But MSMEs still face significant barriers when it comes to accessing global markets. Small business owners often tell us that they lack the time and in-house expertise to deal with trade roadblocks – while many others aren’t aware of the potential opportunities that international trade can bring for their companies.

“Policy reforms have an important role to play in driving MSME exports. But we also think its time to take a different approach to these problems by leveraging the power of the private sector. This new initiative will seek to harness the knowledge, creativity and networks of the global business community to inspire and support MSME growth. We call on businesses and private sector organisations across the world to play their part as small business champions.”

What kind of proposals are ICC and WTO looking for under this initiative?

  • Proposals could take the shape of, for example, awareness campaigns, competitions, or capacity building, training and mentoring programs.
  • The ICC and WTO will use their shared platform to support and promote successful proposals. The precise support provided by the ICC and WTO will depend on the nature of the proposals received. The ICC and the WTO could, for example, help to promote initiatives and host events, or provide expertise and institutional support. No financial contribution will be provided by the WTO or ICC to implement proposals.
  • Proposals should be designed to be delivered by the entity making the proposal. Proposals should not focus on WTO negotiations, or proposed changes to WTO rules. Such ideas can be put forward through different fora.

What is the process for submitting proposals – and how will they be selected?

  • Proposals should detail the concept, aims, timelines and other information as appropriate. Proposals should be no longer than 3 pages. Proposals are only open to the private sector and representative bodies. All proposals should be sent in Word or PDF format to MSMEsubmissions@iccwbo.org

The call for proposals is open until the end of 2017. There is no limitation as to the number of proposals that may be selected. The selection of proposals will be carried out by the WTO secretariat and ICC. The successful proposals will be announced by  ICC and WTO on a rolling basis.

APEC Workshop Looks to Raise Advertising Standards

ICC’s Raelene Martin addressing the advertising standards workshop

USCIB and the International Chamber of Commerce helped organize a well-attended workshop on “APEC Advertising Standards: From Principles to Implementation” at Asia-Pacific Economic Cooperation (APEC) meetings this week in Ho Chi Minh City, Vietnam.

The workshop served as an important milestone in ongoing APEC discussions, strongly supported by the business community, to advance high standards for marketing and advertising throughout the APEC region. It brought together key government and advertising industry participants from APEC economies to advance the 2014 APEC Action Agenda on Advertising Standards and Practice Development, and to examine how APEC economies can implement these recommendations with key indicators for doing so.

USCIB Vice President Barbara Wanner attended the workshop alongside numerous USCIB member company representatives.

Since the first APEC advertising standards meeting in 2012, APEC economies have sought to promote the adoption and effective implementation of advertising standards consistent with international best practice. Five years on, the aim of this workshop was to address APEC ministers’ instructions in 2016 with regard to “promoting the alignment of advertising standards and reducing the cost of doing business across the region” and to “prepare a five year implementation strategy.”

“The ICC Commission on Marketing and Advertising is committed to working with industry and other key stakeholders to help advocate the benefits of advertising self-regulation and the alignment of advertising standards at international level,” said Raelene Martin, ICC’s project manager for marketing and advertising. “This year’s APEC conference provided an ideal forum to re-state this commitment and advance together towards the shared goal of greater public trust in marketing and advertising.”

The Consolidated ICC Code of Advertising and Marketing Communications Practice, developed by the ICC Commission on Marketing and Advertising, is the gold standard for the most nationally applied self-regulation around the world. The ICC Code, which celebrates its 80th anniversary this year, has served as the foundation and building block for self-regulatory structures around the world, and offers a globally consistent baseline for economies developing advertising principles while, also providing flexibility for local laws and culture to be reflected in a local code. It is a recognized and trusted rule-setting tool for the marketing and advertising industry, and at the same time is noted for its adaptability to local market and policy conditions. View the ICC Code here.

 

ICC Advocates for Women Empowerment Through Technology

The annual UN High Level Political Forum wrapped up last week having measured progress and implementation of the UN Sustainable Development Goals in the past two years. USCIB was on the ground during Agriculture and Food Day, which focused on Goal 2-Ending Hunger, as well as the UN SDG Business Forum, which focused on business support among all 17 SDG’s.  SDG 5 aims to achieve gender equality and empower all women and girls and calls for enhances use of enabling technology –information and communications technologies (ICT’s) in particular—to promote the empowerment of women.  For many women around the world, ICT’s can be leveraged for personal security, better access to education and jobs, financial inclusion and access to basic healthcare information. But benefits such as these rely on women having meaningful access to ICT which can be facilitated or prevented by several factors, including affordability, relevant content, skills and security.

To help turn commitment into action, the International Chamber of Commerce (ICC) partnered with UN Women – the global champion for gender equality – to host a side-event during the HLPF.  The event, Accelerating Women’s Economic Empowerment to Achieve the 2030 Agenda, showcased the global efforts stakeholders have embarked on to bring women’s economic empowerment to the forefront of all the SDG targets.

“Through innovation, investment and development of products and services, the private sector plays an important role in advancing gender equality and improving the lives of women,” said Barbara Wanner USCIB vice president for ICT Policy. ICC highlighted several private sector initiatives during the side-event that are catalyzing women’s economic empowerment in developed and developing countries and presented the role of ICT’s in advancing the SDG’s.

Participants included contributors to the UN Secretary General High-Level Panel for Women’s Economic Empowerment and representatives from the governments of the United Kingdom and Costa Rica, UN Women, the International Labor Organization, ICC Secretary General John Danilovich, and Carolyn Nguyen of Microsoft who is also vice-chair of the ICC Commission on the Digital Economy.

For additional information on this event, please visit ICC’s website.