Arbitration Archives

World Intellectual Property Organization, USCIB Hold Virtual Dialogue

Posted on

The World Intellectual Property Organization (WIPO) and USCIB held a virtual dialogue on July 29 with over twenty participants, including USCIB members and WIPO Assistant Directors General Marco Aleman and Edward Kwakwa.

According to USCIB Senior Vice President for Innovation, Regulation, and Trade Brian Lowry, the dialogue covered a range of topics of interest to USCIB members. Specifically, WIPO leaders engaged on the following: The Hague System for the International Registration of Industrial Designs; Intellectual Property (IP) and Innovation Ecosystem Sector; WIPO Arbitration and Mediation Center; Building Respect for Intellectual Property; WIPO’s Department for Economics and Data Analytics; WIPO GREEN; Geneva Intellectual Property Discussions

“It was clear from the increased activity at WIPO in the past 18 months that WIPO is very much alive and functional, even in these most difficult times,” said Lowry.

“In addition to the wealth of information provided, the Dialogue provided members with new opportunities to advance their business objectives with support from WIPO programs, initiatives, and personnel. WIPO leadership specifically requested members to contact them with their specific interests for further engagements to advance projects and outcomes, as well as to identify opportunities to help advance the youth and IP initiative which was discussed briefly,” he added.

Accepting USCIB Amicus Position, Appeals Court Rejects FTC Approach to Antitrust Liability for Trademark Settlements

Posted on

The U.S. Court of Appeals for the Second Circuit has vacated the Federal Trade Commission’s (FTC) decision that 1-800 Contacts engaged in illegal agreements with rival online contact lens sellers on June 11, 2021.

In 2018, the Commission imposed antitrust liability against 1-800 Contacts years after it settled at least fourteen trademark infringing lawsuits against competing online retailers. The Commission alleged the settlements restricted trade by preventing all parties from bidding on each other’s trademarked search terms. USCIB filed an amicus brief in support of 1-800 Contacts during the appeal, arguing, among other things, that the Commission’s decision ignored the critical importance to business of intellectual property rights and that enforcing the FTC’s ruling would unfairly apply the lawful exercise of such rights to a higher pro-competition standard.

According to Bryan D. Gant of USCIB member firm White & Case, the Second Circuit’s opinion rejected both the idea that settling trademark disputes is “inherently suspect,” and that this standard could be applied to future cases. The court also overruled the Commission’s attempt to treat mere anecdotal price differences as direct evidence of anticompetitive conduct and directed that any “less restrictive alternatives” the Commission proposes be realistic. Bryant cautions, however, that in a footnote to the opinion, the Second Circuit leaves open the possibility that negative keyword advertising—paying to have a competitor’s name not appear in the search—might raise antitrust concerns, but the Court refused to consider it in this case as the issue was not squarely addressed by the FTC.

“USCIB is pleased that the Second Circuit decision largely accepted its amicus brief, rejecting the FTC’s approach to antitrust liability for trademark settlements, avoiding the potential negative impacts the decision would have had on businesses, consumers and competition,” asserted USCIB General Counsel Nancy Thevenin. The case is now remanded back to the Commission with instructions to dismiss.

USCIB is grateful to Eileen M. Cole, Bryan D. Gant and Seiji Niwa of member firm White & Case and USCIB Competition Committee leadership for their excellent work on the amicus brief.

The Second Circuit opinion is available here.

18th ICC Miami Conference on International Arbitration

ICC’s Annual Miami Conference is taking place online for the first time!

-An exclusive interview with Alexis Mourre: “Re-shaping Dispute Resolution in a new era” followed by Q&A

– Tackling 5 Tricky scenarios of online arbitrations: What would you do?

– How can dispute resolution services support business resilience: An in-house perspective

– Closing Keynote speech by Roberto Azevêdo, Executive Vice President and Director of Corporate Affairs at PepsiCo, and former Director-General of the World Trade Organization.

 

For more information and to register please click here.

For any questions, please contact Kendall Thibeadeau, Policy and Program Assistant at kthibeadeau@uscib.org.

ICC Institute Advanced Training: Data Protection and Cybersecurity in Virtual Proceedings

The training will use a case study and the ICCA-IBA Roadmap and Annexes to provide hands-on expertise in applying the data protection laws and related cybersecurity requirements to an international arbitration proceeding being held virtually. The training will start with an overview of what data protection is and what it means for a virtual arbitration. There will then be breakout sessions that will consider in a small group setting how data protection may impact each of the procedural stages in a typical arbitration that is being held virtually. We will then come together and discuss what we have learned during the breakouts and best practices for addressing data protection and cybersecurity in virtual arbitration proceedings.

For more information and to register please click here.

For any questions, please contact Kendall Thibeadeau kthibeadeau@uscib.org.

Arbitrating with Non-Participating Respondents: Pitfalls and Best Practices

 

Arbitrating with Non-Participating Respondents: Pitfalls and Best Practices

Date: Thursday, November 5, 2020

Time: 12:00pmET

With the increasing likelihood that, due to the pandemic, arbitrators and claimants will encounter more cases with non-participating respondents, join us for an interactive roundtable discussion addressing practical issues and challenges for arbitrators and counsel arising out of these cases.

A panel of seasoned practitioners will both identify various thorny procedural and substantive issues presented by cases with non-participating respondents, and provide practical guidance for counsel and arbitrators when presenting or evaluating evidence, as well as measures that should be considered or taken to balance the due process rights of non-participating respondents with the need to move the arbitration forward and render an enforceable award.

This complimentary event is part of USCIB/ICC USA’s Sole Practitioner Group “Nuts & Bolts Arbitrator Series,” and supported by CIArbNY.

For more information and to register please click here.

For any questions, please contact Kendall Thibeadeau, Policy and Program Assistant at kthibeadeau@uscib.org.

USCIB Delegation Makes Interventions at UN Meetings on Investment Reform

Posted on

USCIB member Lauren Mandell from Wilmer Hale and USCIB Senior Director Eva Hampl represented the USCIB delegation at the meetings of the UN Commission on International Trade Law (UNCITRAL) Working Group III on Investor-State Dispute Settlement (ISDS) Reform that took place October 5-9. The meeting sought to address a variety of issues crucial to USCIB and its membership.

USCIB participated in the discussions as an observer and made interventions on alternative dispute resolution and mediation, shareholder claims and reflective loss, frivolous claims, as well as treaty interpretation.

“USCIB appreciated the opportunity to make interventions at UNICTRAL,” said Hampl. “As next steps, we are planning a briefing with the U.S. government negotiators in these discussions to take place in November.”

The next meeting of UNCITRAL Working Group III will take place April 12-16, 2021 in New York. UNICTRAL will also hold a Virtual Pre-intersessional Meeting of the working group on November 9.

USCIB/ICC USA Arbitration Fall Series: Update on Committee Activities and Tribunal Secretaries: Uses and Misuses

Date: September 8, 2020

Time: 12:30pm – 2:00pm ET

Join us for our first webinar in fall 2020 during which the new chair of USCIB/ICC USA’s Arbitration Committee, Peter Sherwin, will provide an update on committee activities and projects. This will be followed by a panel discussion on tribunal secretaries.

Tribunal secretaries are regularly used by arbitral tribunals seated in Europe and elsewhere, particularly for large or complex arbitrations; however, North American tribunals have traditionally been less likely to employ secretaries. Organized by the Sole Practitioner’s Group as part of its “Nuts & Bolts Arbitrator Series,” the panel will examine the reasons for this disparity, explain the circumstances in which tribunal secretaries are appropriate and promote efficiency, and discuss best practices.

A copy of the program can be found here. To register please click here.

 

USCIB Announces the Appointment of Peter Sherwin as Chair of its Arbitration Committee

Posted on

After five years of service, Grant Hanessian hands over the role and is appointed Chair of the group’s newly created Amicus Subcommittee

New York, N.Y., July 31, 2020 – The United States Council for International Business (USCIB), the U.S. affiliate of several global business organizations, including the International Chamber of Commerce (ICC), announced today the appointment of Peter Sherwin as Chair of its Arbitration Committee. Sherwin, who is also head of the International Arbitration Group at Proskauer, has been a USCIB member since 2007 and will succeed Grant Hanessian, who served as chair since 2015.

“It has been an honor to have served as chair of USCIB’s Arbitration Committee,” said Hanessian. “I am incredibly proud of our accomplishments these last five years. We have become a true partner for the ICC in the U.S., and I am confident in the Committee’s future under Peter’s leadership as it continues to grow and expand our impact in the U.S. market.”

Sherwin is a partner in the Litigation Department at Proskauer and head of its International Arbitration Group. Sherwin was resident in the firm’s Paris office for several years, and, while his practice focuses on acting as counsel, he also regularly serves as an arbitrator.

“I am honored to have been appointed as the Chair of this dynamic group,” said Sherwin. “I look forward to leveraging our strategic network of companies and practitioners who are united in the desire to promote the use of arbitration and ADR in resolving international business disputes. I also look forward to working closely with Nancy Thevenin, USCIB’s general counsel, who assists in managing the group, Marek Krasula, the ICC director for Arbitration and ADR for North America, and our experienced and dedicated members.”

USCIB President and CEO Peter Robinson added: “We are grateful to Grant for his dedication and leadership, which has improved the function of our Arbitration Committee. We are equally excited for what the future holds under Peter’s leadership. Peter brings a wealth of experience to our organization, which will be critical to our ability to scale and meet the growing demand of U.S. users for ICC’s dispute resolution services and products.”

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.

Boston International Arbitration Day

This is the first annual Boston International Arbitration Day, organized by the Boston International Arbitration Council and hosted by Ropes & Gray. Our panels of in-house counsel,arbitrators, policymakers and practitioners will discuss recent developments that are shaping the city of Boston into a new seat of international arbitration, and will examine how international arbitration is used by the city’s diverse industries and practices.