Russian Sanctions: How Do They Affect US Business?

A roundtable discussion was held at HodgsonRuss LLP in New York on April 26, connecting participants from Washington DC, New York and Europe to discuss the recent sanctions imposed by the U.S. Government on Russia, enforcement trends and how they affect the way the U.S. companies conduct business around the globe. This event was organized by the Committee on Eastern Europe and Committee on International Trade of the International Section of the New York State Bar Association. Distinguished panelists included Charles R. Johnston (Citi), chair of USCIB’s Trade and Investment Committee, Michael Hendrix, OFAC, U.S. Department of Treasury, Hon. Volodymyr Yelchenko, permanent representative of Ukraine to the United Nations and Robert J. Leo, chair of the Committee on International Trade. The discussion was moderated by Serhiy Hoshovsky, chair of the Committee on Eastern Europe. Participation from overseas was moderated by Oleh Beketov, chapter chair in Kiev.

The event was opened by Paul M. Frank, a former chair of the International Section and renown international law attorney who hosted the event at his law firm. Yelchenko provided a comprehensive political context for the Russian sanctions and reminded of the events that led to their initial imposition in 2014. Michael Hendrix, an enforcement officer with OFAC, summarized legal framework for the sanctions and enforcement priorities as well as discussed some recent enforcement actions. Johnston provided a great overview of the sanction regime from the perspective of the U.S. business community, explaining in detail how the sanctions are becoming a new reality and how the U.S. businesses adapt to doing business. He also shared practical experiences of what U.S. companies do to stay compliant. Leo shared a very useful handbook on sanctions and practical tips on what to do when issues arise and how to stay compliant.

“The event provided a unique opportunity for the participants, especially those from the overseas, to ask questions and hear from people who are on the forefront of the sanction policy and enforcement at the US government, business community and legal profession,” said Nancy Thevenin, USCIB’s general counsel. “All panelists and participants agreed that the event was a major success and provided a great platform for sharing views and discussing major issues affecting business and legal community not only in the U.S. but also internationally.”

US and Canada ICC National Arbitration Committees Hold Annual Meeting

 

Axel Baum receives award

The co-chairs of USCIB/ICC USA’s and ICC Canada’s Arbitration Expatriate Subcommittees, Charles Kaplan of Orrick and Aren Goldsmith of Cleary Gottlieb Steen & Hamilton LLP organized their annual joint meeting in Paris on April 9th. The meeting was also organized by Andrew McDougall and Kirsten Odynski both of White & Case.

Held at Orrick, the co-chairs opened the meeting and introduced Alexander Fessas, secretary general of the ICC Court, who gave a presentation about recent developments at the ICC Court. Thereafter, Chris Moore of Cleary Gottlieb Steen & Hamilton LLP in London discussed the ICC Practice Note on summary dispositions and its future application. Vasuda Sinha of Freshfields Bruckhaus Deringer’s Paris office ended the substantive segment of the meeting with a presentation comparing the practice of the Canadian, U.S. and Paris national courts in supporting the taking of evidence for use in international arbitrations.

The meeting ended with McDougall providing an update on ICC Canada’s activities, and Grant Hanessian, chair of the USCIB/ICC USA arbitration committee, discussing recent developments with the group.

At that time, Nancy Thevenin, USCIB’s general counsel, presented Axel Baum of Hughes Hubbard & Reed, LLP with a plaque recognizing him for “his many years of leadership of the U.S. arbitration community in Europe and long-standing service on the ICC Arbitration Commission.”

Baum, who was one of the longest serving U.S. members of the ICC Commission, also served as the first chair of the U.S.’s arbitration expatriate committee and helped start the yearly tradition of the joint meeting. Baum also oversaw the transition of group’s leadership to Kaplan and Goldsmith.

Thevenin Serves as Arbitrator at Annual Vis Moot Practice Session

USCIB/ICC USA held it’s 12th Annual Vis Moot Practice Session earlier this month. The practice moots help law school students hone their advocacy skills in preparation for competing in one of the premier events in international arbitration – the Willem V. Vis Moot Competition in Vienna, Austria — which brings together over 300 law schools competing before hundreds of the world’s best international arbitration experts.

The Practice Session was co-organized with the ICC International Court of Arbitration’s North America office, and included eight law schools (Brooklyn, Cardozo, Fordham, Heidelberg University, New York, New York University, Pace University and the University of Bucharest) with over 30 New York-based arbitration professionals serving as mock arbitrators.

This year’s problem involved the sale of bakery goods under the United Nations Convention on the International Sale of Goods and applied the UNICTRAL Rules of Arbitration to the parties’ dispute.

“USCIB/ICC USA is proud to help support this effort to help train tomorrow’s law leaders in international arbitration,” said Nancy M. Thevenin, general counsel of USCIB/ICC USA, who also served as a mock arbitrator at the practice session. “We thank Javier H. Rubinstein of member firm Kirkland & Ellis, LLP, for hosting this event and for serving as a mock arbitrator.  We also thank Seoun “Nikole” Lee, deputy director, Alexandra Akerly, manager, strategy and development; and Mehr Kaur, promotion, officer of the ICC Court in North America for taking on the oars of organizing the practice session this year.”

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!

ICC Court Opens Case Management Office in Singapore

Alexis Mourre, president of the ICC Court, Han Kok Juan, deputy secretary of MinLaw, John Danilovich, secretary-general of ICC and Indranee Rajah SC, senior Minister of State of MinLaw and Ministry of Finance

The Singapore Ministry of Law (MinLaw) and the International Court of Arbitration of the International Chamber of Commerce (ICC) announced last week that the ICC Court will set up a case management office in Singapore—aimed at boosting arbitration and serving the dispute resolution needs of businesses around the world.

MinLaw and the ICC Court announced their collaboration at the signing of a Memorandum of Understanding (MOU)—a milestone agreement—in Singapore on June 28. Under the terms of the MOU, MinLaw and the ICC Court will also work together to develop and promote Singapore as a seat and venue for arbitration in Asia through advancing thought leadership, developing talent and arbitration services and undertaking joint marketing.

The MOU was signed by Han Kok Juan, deputy secretary of MinLaw and Alexis Mourre, president of the ICC Court, witnessed by Indranee Rajah SC, senior minister of State of MinLaw and Ministry of Finance and John Danilovich, secretary-general of ICC at the 3rd ICC Asia Conference held in Singapore last week.

The ICC Court, headquartered in Paris, is one of the world’s leading arbitral institutions. In 2016, it administered almost 1,000 arbitral cases from around the world. The Singapore office will be the Court’s fourth overseas case management office—after Hong Kong, New York and Brazil—giving it a peerless global footprint. The new Singapore office is expected to commence operations in the first quarter of 2018 at Maxwell Chambers. It will take up about 2,000 square feet in the new Maxwell Chambers Suites, a conserved heritage building, which will be an expansion of Maxwell Chambers when the refurbishment works are completed in 2019.

The ICC Court has welcomed the conclusion of the MOU, emphasizing that the new case management team will form part of a unique international arbitration hub in Asia. “With its two case management teams in Hong Kong and Singapore, as well as its representative office in Shanghai, the Court is now able to offer a unique international arbitration platform across the entire Asian continent,” said Mourre.

Early Bird Registration: ICC New York Conference on International Arbitration

The ICC International Court of Arbitration will be holding its 12th ICC New York Conference on International Arbitration on September 27 at NYU’s School of Law. This annual event offers a forward-looking, dynamic program for law practitioners and business professionals alike. The full agenda is available here.

USCIB members receive a discount on registration with code: USA-9728

Session highlights:

  • NAFTA on the table
  • A duty to protect and secure: safeguarding confidential information in a digital world
  • Analysis or Advocacy: the use of experts in international arbitration
  • Turning an award into $$$$: strategies for enforcement

If you want to stay up-to-date with all recent arbitration developments in North America, this will be the ideal opportunity to interact directly with leading arbitration practitioners and experts.

The ICC Institute of World Business Law will also be organizing an advanced training on Drafting Enforceable Awards the day before, on September 26. Click here to view the program and speakers.

Package deals are available for the Conference + Training.
Make sure you register while the early bird is still applicable! The deadline for the early bird rate is July 28.

ICC and USCIB Host Singapore Minister to Discuss Trade Disputes in Asia

Singapore’s Senior Minister of State for Law and Finance Indranee Rajah SC gives remarks

The ICC International Court of Arbitration and USCIB’s Arbitration Committee co-hosted Singapore’s Senior Minister of State for Law and Finance Indranee Rajah SC on May 22 in New York, attracting law professionals including arbitrators, counsel and academics. The keynote address was followed by a roundtable discussion of considerations when resolving disputes in Asia, such as when to litigate or arbitrate, the use of expedited procedure rules, investment treaty developments in the region and enforcement considerations in various jurisdictions.

“As economies in Asia continue to grow, dispute volume and complexity will rise,” said Minister Rajah in her remarks, which focused on Singapore as a place of arbitration.

Other panelists included Grant Hanessian, partner, Baker McKenzie, court member, ICC International Court of Arbitration and chair of the USCIB Arbitration Committee, Mevelyn Ong, associate, Sullivan & Cromwell and former deputy counsel, ICC International Court of Arbitration, Christopher K. Tahbaz, Partner, Debevoise & Plimpton LLP, Dan Tan, principal, Dan Tan Law and Edwin Tong, SC, partner, Allen & Gledhill LLP.

Upcoming Arbitration Events: Global YAF

International Chamber of Commerce (ICC) Global Young Arbitrators Forum (YAF) Event:

ICC Young Arbitrators Forum (ICC YAF) is organizing its 6th Global Conference in New York City on June 9-10, 2017 with a welcome reception on June 8. The conference will be hosted by Columbia Law School. The event will host preeminent speakers from Latin America, North America, Europe, Middle East and North Africa and Asia.

Additional program details, registration and a detailed agenda are available here.

Upcoming ICC Young Arbitrators Events

The International Court of Arbitration of the International Chamber of Commerce is organizing two ICC Young Arbitrators Forum (YAF) events in New York and San Francisco. On May 1, ICC YAF is organizing an event on “Summary Adjudication in International Arbitration” in San Francisco which will feature a panel of young practitioners on the West Coast along with a presentation by the Counsel of the ICC’s North America case management team. You may register by contacting Melissa.bibbs@dlapiper.com.

The ICC YAF Global Conference will be held from June 9-10 in New York City at Columbia Law School with a welcome cocktail reception on June 8. The conference will feature keynote speeches, panel discussions, debates, and workshops on Third Party Funding and Damages, along with a special networking session called, “Friday Night Live”. This conference is aimed at young arbitration practitioners of approximately 40 years and under: counsel, arbitrators, corporate counsel or academics. This ICC YAF Global Conference is a unique opportunity for YAF members from all over the world to meet peers from all Chapters. Young practitioners from all continents will gather to exchange thoughts on international arbitration and share some fun together. For more information, please visit their website.

ICC YAF has also recently announced new regional representatives for its 2017-2019 mandate. Representing 40 countries and 53 cities, the elected representatives are tasked with promotion and development of the dynamic global network of young arbitration talent. USCIB would like to congratulate the following new representatives for the United States:

Andy Tuck, Alston & Bird, LLP, Atlanta

Seth Meyer, Kirkland & Ellis, LLP, Chicago

Silvia Marchili, King & Spalding, Houston

Marike Paulsson, University of Miami School of Law’s International Arbitration Institute, Miami

Floriane Lavaud, Debevoise & Plimpton, New York

Ignacio Zapiola, Cleary Gottlieb Steen & Hamilton, LLP, New York

Amy Endicott, Arnold Porter LLP, San Francisco

Chip Rosenberg, White & Case LLP, Washington DC