International Contracts & Arbitration: Siena Program

USCIB/ICC USA is co-sponsoring an arbitration event in Siena, Italy. Alongside other co-sponsors such as ICC Italy and Baker McKenzie, this event will feature a mock arbitration case. Panelists will address considerations when drafting and negotiating international agreements and drafting and enforcing dispute resolution clauses. USCIB General Counsel Nancy Thevenin will be one of the featured speakers at the event.

To view the flyer click here. To register click here.

Where: Friday, June 28, 2019

Time: 9:00 AM-5:45 PM

Where: Camera di Commercio in Siena, Italy

 

USCIB Urges Reversal of 1-800 Contacts FTC Ruling

USCIB filed an amicus brief with regards to 1-800 Contacts, Inc. case to highlight the challenges American businesses would face under the recent Federal Trade Commission’s (FTC) decision’s approach to antitrust liability for trademark settlements, and explain the potential negative impacts the decision would have on businesses, consumers and competition if left to stand.

USCIB General Counsel Nancy Thevenin led the process for USCIB. “The Commission’s decision creates substantial uncertainty regarding the enforcement and settlement of intellectual property rights, increases the risk of arbitrary enforcement against even routine settlements, and potentially exposes settlements to such risk for decades,” warned Thevenin. “The decision should be reversed.”

Earlier this year, the FTC decided to impose antitrust liability against 1-800 Contacts, the largest online retailer of contact lenses in the U.S., on the basis that 1-800 Contacts’ settlements of trademark infringing lawsuits against at least fourteen competing online contact lens retailers restricted trade. Among other things, USCIB’s amicus argues that the Commission’s decision ignores the critical importance to business of intellectual property rights and its enforcement and would unfairly require the lawful exercise of such rights to a higher pro-competition standard.

USCIB thanks Eileen M. Cole, Bryant D. Gant and Seiji Niwa of member firm White & Case for their work with the amicus.

 

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.

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.

International Arbitration Clauses: The Good, the Bad, and How to Deal with the Ugly

Join the ICC International Court of Arbitration® and ICC USA/USCIB Southwest Arbitration Subcommittee for a luncheon programme that will examine decisions to be taken when drafting an arbitration clause, how to avoid crafting a clause that will cost extra time and money down the road and what, if anything, can be done when a dispute arises and the contract contains a poorly drafted arbitration clause. Lunch will be provided.

When: May 2, 2019

Time: 12pm- 2pm

Where: Quinn Emanuel Urquhart & Sullivan, LLP (865 S. Figueroa Street, 10th Floor Los Angeles, CA 90017)

For more information or to RSVP click here

ICC West Coast Conference

When: Monday, April 29,2019
Time: 1:30-7:00 PM
Where: Arnold & Porter (Three Embarcadero Center, San Francisco, CA 94111)

About: This conference presented by the International Court of Arbitration of the International Chamber of Commerce will address hot topics and recent developments in international arbitration of interest to practitioners on the West Coast. Topics include the developments, challenges and opportunities in the Asia-Pacific region; the ICC’s Belt and Road Commission; the ICC’s experience with the Expedited Procedure Provisions; and takeaways from the newly released ICC Commission Report on Emergency Arbitrator Proceedings.

Click here for further details about the program and the RSVP link.

Note that USCIB/ICC USA members receive a 5% discount on ICC conference registration fees if they register with the National Committee (NC) code. Please contact Kendall Thibeadeau at kthibeadeau@uscib.org for our NC code.

 

Seminar on International Arbitration of Life Sciences Disputes

International Arbitration of Life Sciences Disputes: Key Issues and Best Practices

Description:

The life sciences industry – pharmaceuticals, medical devices, diagnostics, vaccines, and related businesses – is huge, growing and global, with international licensing, sales contracts, research and development agreements, and joint ventures.

Each of these international ventures can lead to disputes, and well-positioned life sciences companies prefer international arbitration to litigation as the practical way to achieve confidential, widely enforceable judgments in a neutral setting.

Listen in as our distinguished panel of speakers explain why international arbitration is the preferred dispute resolution mechanism for life sciences disputes before they take a deeper dive into some of the complex issues that can arise in such disputes.

Then join us for a reception following the event.

Location: Boston, MA

Date: April 10, 2019

Time: 5:00- 7:30 PM

Register here : https://iccwbo.org/event/international-arbitration-life-sciences-disputes-key-issues-best-practices

The Singapore Convention: Expert Perspectives on its Significance for the Future of Dispute Resolution

When: Friday, April 5, 2019
Time: 1:15-2:15 PM
Where: Conference Room 8, United Nations Conference Building

About: For those who already have a UN pass, the ICC is hosting an event during the UNCITRAL Working Group III meeting that will examine the development, scope, and significance of the United Nations Convention on International Settlement Agreements Resulting from Mediation (the “Singapore Convention”) and its associated model law. The panelists will evaluate the use of mediation as an alternative or supplement to proceedings in other contexts, such as investment disputes, and assess the role of arbitral institutions in mediation.