USCIB Sponsors Seminar on Mitigating Business Risk With Arbitration

USCIB/ICC USA sponsored a seminar in Albuquerque, New Mexico on June 14 on international arbitration and how that state’s businesses can use arbitration to mitigate the risks of doing business overseas. Some thirty New Mexico business executives, lawyers and law students attended the presentation, which was opened by Roberta Cooper Ramo, former president of both the American Bar Association and the American Law Institute.

Marek Krasula, counsel for the ICC International Court of Arbitration in New York and David Wilson, partner at Sherman & Howard in Denver, provided an overview of ICC arbitration and how to best draft contracts to provide for it. Matthew Draper, a partner at Draper & Draper in New York and Santa Fe, moderated a panel discussion addressing issues of particular relevance to local companies, such as using arbitration to protect IP rights, recovery of attorneys’ fees by prevailing parties, and keeping the costs of arbitration to a minimum.

“The ICC’s new Expedited Procedures, which apply when less than two million dollars is at stake, reduce significantly the time and cost of dispute resolution, and may be a good fit for New Mexico companies,” said Draper.

Vice Dean of the University of New Mexico School of Law Camille Carey noted in her closing remarks that she hoped the law school would expand opportunities for students to learn about international arbitration.

Business for 2030 Platform Honored by International Chamber of Commerce

The Business for 2030 initiative, launched by USCIB in 2015 as a platform to showcase private-sector efforts aligned with the UN Sustainable Development Goals, was honored by our partners at the International Chamber of Commerce in May.

At a meeting of ICC National Committees in Paris, Business for 2030 took third place in the Americas region in the “NC Initiative of the Year” competition for 2018-2019. USCIB President and CEO Peter Robinson accepted on behalf of USCIB and its Business for 2030 team.

“I couldn’t be prouder of our team and of the many, many companies and organizations that have contributed to this essential platform over the past four years,” Robinson said.

Business for 2030 showcases past and ongoing contributions by companies and business organizations to sustainable development, through the lens of the SDGs. It currently features projects in over 150 countries, which can be viewed by specific SDGs, by company and by country.

The site aims to stimulate a more productive partnership between the public and private sectors – at the UN and at national levels – and to demonstrate the need for a proportionate role for business in the negotiations, implementation and follow-up mechanisms of the 2030 Development Agenda at both the UN and at national levels.

Rounding out the winners from the Americas region were ICC Brazil, which won 1st place (and the top worldwide prize overall) for its ITTI Cognitive Trade Advisor program, and ICC Guatemala in 2nd place for its GuateIntegra anti-corruption initiative.

USCIB Statement on WTO e-Commerce Negotiations

USCIB has issued Recommendations on the WTO e-Commerce negotiations, reflecting member priorities and goals for the negotiations, which had their first round in May. The recommendations are being shared with relevant government officials and stakeholders.

At the December 2017 WTO ministerial in Buenos Aires, 71 countries agreed to begin discussing new global rules to facilitate the expansion of the digital economy. Thanks to intensive work by those countries, last January 76 countries (notably including the U.S., EU, and China) announced the launch of formal negotiations.

In addition to this paper, USCIB is actively engaging in the negotiations in Geneva via various efforts, including the Digital Trade Network and the International Chamber of Commerce.

“The vast majority of the world’s economy is at the table,” wrote Nick Ashton-Hart, the Digital Trade Network’s Geneva representative, in the most recent issue of USCIB’s magazine, International Business. “Since it is estimated that the digital economy underpins approximately one-third of global GDP this is a negotiation that will impact industry everywhere.”

USCIB All In Initiative

USCIB All In

About

Faced with the urgent need to make faster and smarter progress towards achieving the ambitions of a range of international agreements including the Addis Ababa Action Agenda, the 2030 Agenda for Sustainable Development and the UN Framework on Climate Change and its Paris Agreement, inclusive multilateralism is essential. In this context, USCIB has developed a 2 year initiative: “Campaign All In.”

All In has launched a global conversation on how to strengthen dialogue, partnership and engagement with business to advance implementation of 2015 outcomes via the multilateral system. The Campaign brings together policymakers and global businesses in key UN cities to begin a conversation on opportunities for harnessing the power of all industry sectors to achieve the SDG goals and other sustainability initiatives.

UN High Commissioner for Human Rights Michelle Bachelet speaks at the All In Roundtable

Campaign All In was launched during a roundtable event on May 8, 2019 in which USCIB partnered with the International Chamber of Commerce (ICC) and the International Organization of Employers (IOE) to convene the first All In Roundtable on Inclusive Multilateralism, Sustainable Development Goals (SDGs) and Business. Further ‘All In’ roundtables are planned for Bangkok on June 11 and in New York in July. Together, the three roundtables will address six key themes:

  1. Enabling Public-Private Partnerships with the UN for the SDGs (Geneva)
  2. More than the sum of the parts: Leveraging public private cooperation in science and technology for the SDGs (Geneva)
  3. Using Value Chains to mobilize multi-sector engagement and synergy for the SDGs (Bangkok)
  4. Economic Empowerment and inclusion to catalyze SDG impact (Bangkok)
  5. Investing in Infrastructure in all its forms for the SDGs (NYC)
  6. Measuring and Mainstreaming Impact of Private Sector Engagement on SDGs (NYC)

Utilizing the outcomes from the 2019 discussions, All In will develop a 2020 Action Plan for Inclusive Multilateralism.

Events

Geneva Week roundtable

Upcoming:

  • Bangkok Roundtable
    • When: June 11th, 2019 from 2:00 – 5:00 PM, followed by a reception
    • Where: UN ESCAP in Bangkok, Thailand
    • Registration: Available here
  • High Level Political Forum Roundtable
    • Details TBC
  • UN General Assembly Conference
    • Details TBC

Past:

*Events are based on invite only

 

ICC Celebrates 100 Years, Sets Out Vision for Next Century

L-R: Peter Robinson (USCIB), Norine Kennedy (USCIB), Thomas Pletscher (ICC Switzerland)

The International Chamber of Commerce, the oldest and largest component of USCIB’s global business network, celebrated its centennial at a gala event in Paris on May 28. USCIB President and CEO Peter Robinson and Vice President Norine Kennedy were among the hundreds of attendees.

The world business organization was founded in 1919, out of the ashes of World War One, under a commitment by international business to build bridges through cross-border trade and investment and to serve as “merchants of peace.”

On behalf of its 45 million companies worldwide, ICC issued a declaration setting out a vision to shape the future of global business for the next century.

Mirroring the call by ICC’s founders, the declaration sets out guiding principles for ICC as a purpose-driven international organization, working with renewed purpose to “make business work for everyone, every day, everywhere.”

Listing a number of potential upheavals facing the global community – including climate change, digital transformations and rising inequality – the ICC declaration states: “In the years ahead, these disruptions will become increasingly pronounced in the absence of concerted action by global leaders to mitigate negative outcomes and drive collective solutions.”

Click here to read more and get the full declaration.

Ahead of ICC’s Centennial Summit, ICC launched a new work program to fulfill commitments set out in the Centenary Declaration. Leveraging ICC’s global membership in over 100 countries, ICC will execute the work program through five newly created and versatile knowledge hubs deploying five pivotal campaigns to enable business worldwide to secure peace, prosperity and opportunity for all.

“Faced with pressing global challenges in the 21st century, ICC and the global business community can – and must – do more as a force for good in the world,” said ICC Secretary General John W.H. Denton. “We will respond to this imperative with brave and bold action to meet the ambition of our renewed purpose.”

ICC Warns Against Misuse of Incoterms 2020 Rules

The International Chamber of Commerce (ICC) is preparing for the publication of Incoterms® 2020, an update of the renowned regulations that define the responsibilities of buyers and sellers operating in the international trade system.

According to ICC, with the launch of Incoterms set for later this year, websites are already claiming to have information or training sessions about the update of its commercial trade terms. As the world business organization, ICC is the originator and sole official publisher of the Incoterms® rules. Any misuse of the terms can lead to costly mistakes. So how can users spot fake Incoterms® rules information? ICC provides three tips to ensure the right details, from the most credible source:

  1. Does it mention ICC? One of the easiest ways to spot a misleading Incoterms® 2020 rules website is to check and see if ICC mentioned at all. As the originator and official publisher of the Incoterms® rules, it is important for business to consult resources directly sourced by ICC.
  2. Words matter: In most cases, websites will make bold predictions about the Incoterms®2020 rules. Speculative sentences, such as “rumors point to changes,” or “it would be very important to change,” are commonplace on these deceptive websites and do not reflect the official position of ICC.
  3. Are they offering training sessions now? ICC urges those using or studying to consult only ICC-supported websites for information pertaining to the Incoterms® rules to ensure application of the right procedure. By registering for non-ICC affiliated training sessions, businesses and other users run the risk of spending money to receive false information.

For more detailed information, visit ICC.

USCIB has established a central information page on its website for all the latest developments surrounding the introduction of Incoterms® 2020. Go to uscib.org/about-incoterms-2020 for more information.

Annual Proskauer Lecture Analyzes Challenges of Arbitration Community

As in previous years, USCIB was honored to co-sponsor the 7th annual Proskauer Lecture on International Arbitration along with Proskauer, Columbia University School of Law’s Center for International Commercial and Investment Arbitration Law and the International Chamber of Commerce (ICC) International Court of Arbitration. Taking place on May 14, the event opened with a welcome by Peter Sherwin from USCIB member law firm, Proskauer, and featured a lecture by widely respected commercial and investment arbitrator Mark Kantor.

The lecture focused on the topic Legitimacy Challenges to International Commercial Arbitration on the Horizon? Kantor reflected on the challenges that the arbitration community is currently facing, including bad press from cases that involve state or state-owned entities with large monetary awards, as well as the lack of diversity in the arbitration industry.

USCIB’s General Counsel, who leads USCIB’s work on Arbitration, Nancy Thevenin gave a closing statement, thanking the co-sponsors and attendees. “The Proskauer lecture series draws globally-renowned experts to educate the international arbitration community in New York, and beyond, on specific topics,” reported Thevenin following the successful event. “Through presentation’s like Mark’s, the lecture series has become a must-attend event.”

USCIB, or ICC USA, is the U.S. National Committee to the ICC and serves as a contact point in the U.S. for the ICC’s multi-faceted dispute resolution services.

Governments Actively Engaged at WTO E-Commerce Negotiations

In an effort to support e-commerce negotiations at the World Trade Organization (WTO), USCIB has been contributing to the Digital Trade Network, led by Nick Ashton-Hart.

Ashton-Hart participated in the Joint Statement Initiative on E-commerce’s (JSI) first substantive negotiating round in Geneva May 13-15, which was based upon a subset of the subjects in the 14 contributions of WTO Members. Topics covered included online consumer protection, electronic authentication and electronic signatures, Electronic transactions framework, domestic regulation, transparency, non-discriminatory treatment of digital products, and many others.

According to Ashton-Hart, the level of engagement was quite high, the tone very constructive and collaborative, and quite a few countries that have not yet tabled proposals said they expect to do so. There was a general view that the services-related elements of the outcome agreement are intended to build upon GATS though it remains an open question what form the agreement will take – not surprising or seen as controversial at the present.

The next session will take place June 18-20, in Geneva, with proposals to be considered due June 6. The session will cover, among other subjects, privacy and data protection, cybersecurity and telecommunications. There will be at least two seminars from industry groups on logistics and the flow of data respectively.

Earlier this year, Ashton-Hart contributed a column in USCIB’s quarterly magazine, International Business, regarding the importance and impact of these global talks on online trade. Click here to view.

US Business Launches ‘All In’ Initiative to Advance Business Engagement for Global Goals Implementation

Geneva Week roundtable

USCIB partnered with the International Chamber of Commerce (ICC) and the International Organization of Employers (IOE) to convene the first ‘All In’ Roundtable on Inclusive Multilateralism, Sustainable Development Goals (SDGs) and Business. USCIB’s ‘All In” Initiative seeks to launch a global conversation on how to strengthen dialogue, partnership and engagement with business to advance implementation of 2015 outcomes.

Over fifty participants from Geneva-based diplomatic missions, UN bodies, NGOs and business joined the event, including:

  • UN High Commissioner on Human Rights Michelle Bachelet
  • Charge d’Affaires, ad Interim, of the U.S. Mission to the United Nations and Other International Organizations Mark Cassayre
  • Secretary General of the International Labor Organization (ILO) Guy Ryder
  • Secretary General of the UN Conference on Trade and Development (UNCTAD) Mukhisa Kituyi
  • UK Ambassador to the UN in Geneva Julian Braithwaite
UN High Commissioner for Human Rights Michelle Bachelet speaks at the All In Roundtable

Expert panelists from the World Intellectual Property Organization (WIPO),UNICEF, the International Union for the Conservation of Nature (IUCN), the UN Global Compact and the Partnering Initiative reflected on two themes that were raised in All In Discussion Starter papers:

Public Private Partnerships with the UN – Designing for SDG impact

Leveraging public private sector cooperation on technical and scientific knowledge for targeted SDG implementation

“The event highlighted the diverse variety of working arrangements to engage with non-state actors and the private sector,” said USCIB Vice President for Strategic International Engagement, Environment and Energy Norine Kennedy. “Through the “All In” initiative USCIB will draw on its long experience in the multilateral system to highlight what has worked well and to flag areas where further partnership, improvement and strengthening are needed to speed up and scale SDG impact. “

Further ‘All In’ roundtables are planned for Bangkok and other UN cities, on additional themes, including metrics for impact, infrastructure investment for SDG action and economic empowerment and inclusion. Based on this series of discussions throughout 2019, ‘All In’ will develop a 2020 Action Plan for Inclusive Multilateralism.

The ‘All In’ roundtable took place in conjunction with USCIB’s second annual Geneva Week, May 6-9.

USCIB Geneva Week Highlights US Business Priorities for Inclusive Multilateralism

USCIB Geneva Week delegation

A delegation of USCIB members joined USCIB’s second annual Geneva Week May 6 – 9 to highlight U.S. business priority issues, underscore USCIB’s continuing commitment to engage constructively in the multilateral system and advance U.S. innovation and partnership for the UN Sustainable Development Goals (SDGs). USCIB also held its public launch of the ‘All In’ Initiative in Geneva on May 8, with a luncheon and roundtable discussion on inclusive multilateralism, SDGs and business.

USCIB Geneva Week provided an opportunity to discuss with diplomatic missions and UN entities enhanced access to intergovernmental organizations and to foster increased engagement between the public and private sectors. Geneva Week included meetings with representatives from the World Health Organization (WHO), as well as bilateral meetings with a range of national missions, including the United States, Brazil, Ethiopia and Japan. The USCIB delegation was welcomed by the Director General of World Intellectual Property Rights Organization (WIPO) Francis Gurry and took part in a series of thematic briefings and discussions with other WIPO officials.

USCIB’s Geneva Week delegation included representatives from AB InBev, Bayer, BIO, Cargill, The Coca-Cola Company, Ferrero, Mastercard, and PepsiCo. USCIB Vice Presidents Norine Kennedy and Mike Michener, Senior Director for Membership Alison Hoiem and Policy and Program Assistant Mia Lauter supported the group in meetings throughout the course of the week.

Members also joined a Geneva Business Dialogue at the World Trade Organization (WTO), hosted by theInternational Chamber of Commerce (ICC), ICC Switzerland and USCIB.  Joining a panel of speakers from the government of Switzerland and the EU Mission were private sector representatives from Nestle, Novartis and Ab InBev to highlight opportunities to create shared value using the SDGs as a framework.

Senior Vice President of Ferrero U.S.A. Gerald Kunde, who also chaired the delegation, was pleased with the outcome. “The USCIB team did an amazing job organizing and executing Geneva Week and the ‘All In’ Roundtable,” said Kunde. “Relationships are at the heart of our business. This year’s program advanced existing relationships, established new ones and greatly enhanced the private sector’s commitment to inclusive multilateralism.”

“Connecting members to key multilateral leaders and representatives of member states in important UN cities like Geneva is a fundamental part of USCIB’s policy work,” said Michener.  “We are very satisfied with the both the level and content of our engagement this week, and grateful to our members for their interest and active participation.”

USCIB will prepare a summary report of USCIB Geneva Week meetings for members and will begin to plan follow-up meetings for relevant committees with the Administration to consider next steps.