16-20 March 2020 Moscow

GAR Live Moscow

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March 19, 2020 | 9.00 - 18.00

2ND ANNUAL GAR LIVE MOSCOW

Programme:

9.00 Welcome coffee and registration
9.30 Chairs’ opening remarks

  • Dmitry Dyakin, Egorov Puginsky Afanasiev & Partners
    Steven Finizio, WilmerHale
9.40 Session one: Arbitration on the doorstep of the 2020s: how far have technological innovations gone and how serious are modern cybersecurity threats

Just how transformative will new technology be for international arbitration? This session will take a 360-degree view of the subject and how changes in the way the world works are going to change how the world of international arbitration resolves disputes.

In this session, panellists are expected to discuss:

  • The Cybersecurity in International Arbitration ICCA report – how are firms and arbitrators approaching cybersecurity?
  • What is best practice when it comes to cybersecurity threats, and which should be taken most seriously?
  • What role can AI play in dispute resolution – from arbitrator selection to case evaluation?
  • What other tech is out there, or approaching, that arbitration practitioners need to know about?
  • Will improvements in communication technology make IA a greener activity?
  • Will technological improvements influence the legal employment market by replacing some categories of legal practitioners in the future?
10.55 Coffee break
11.30 Session two: Asian opportunities and disputes

Are Russian clients ready to move their disputes to Asian arbitration hubs or are Western hubs still in favour? Are there any prospects that Asian clients will be ready to resolve their disputes in Russian arbitration institutions? This panel will discuss the growing Asian market, and opportunities therein.

Panellists will discuss along with the above:

  • What is Russia’s current relationship like with arbitration hubs in Asia such as Hong Kong and Singapore? Does this impact choice of seat for arbitration?
  • What are the idiosyncrasies of clients in Asia and their approach to arbitration? To what extent are they knowledgeable of the process of arbitration? Are they more inclined to settlement in disputes or ADR?
  • How different is it arbitrating against an Asian opponent (as opposed to one from the CIS region), and how does one “win”? Is it still the same basic formula?
  • What factors do practitioners need to look at when selecting a seat for the arbitration in Asia?
  • How do approaches to quantum calculations and the use of expert witness differ between clients in CIS region and those from Asia?
12.30 Networking lunch
13.30 Keynote address
14.00 Session three: The commoditisation of investment claims

Are investment claims and awards becoming a tradeable commodity? Are treaty claims, in principle, tradeable or the are inalienable from the original investors? Our esteemed panelists will assess the pros and cons of the assignment of investment claims, as well as examining the current state of the third-party funding market.

Session topics include:

  • Can the commoditisation of investment claims and awards draw the additional criticism of the ISDS regime?
  • Is there a need to regulate this sphere?
  • What commercial and legal terms are used in third party funding? What are tips and tricks to get the third-party funding?
15.15 Coffee Break
15.45 Session four: Transparency versus confidentiality in arbitration

One of the attractions of arbitration is its confidentiality. But lately some think this has also started to hold the discipline back. How will this tension play out? Can more transparency be introduced to commercial arbitration without imperiling the vital spark? What of current efforts on the parts of institutions and others?

This panel will delve into:

  • Are there any real remedies against breach of confidentiality of an arbitration and, in particular, an arbitral award?
  • Is there a real value in confidentiality if the award will probably become public during enforcement?
  • Should the fact of funding and identity of the funder be disclosed in arbitration regardless of whether the applicable rules or legislation require it?
  • Who is primarily calling for greater transparency in commercial and investment treaty arbitration?
  • Is data protection and cybersecurity being raised in cases? If the parties do not raise these points, should the arbitrator?
  • Have pro-transparency measures had an impact on diversity in arbitration?
  • What is the status of various institutional efforts to increase transparency in commercial arbitration? How far are we from compulsory publication of arbitral awards?
17.00 Chairs’ closing remarks

  • Dmitry Dyakin, Egorov Puginsky Afanasiev & Partners
  • Steven Finizio, WilmerHale
17.05 onwards Drinks reception

 

Venue: InterContinental, Tverskaya St, 22, Moscow, Russia, 125009

More information is available here.