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Wednesday 12 May 2021 – Member-hosted events

In addition to the core conference, LIDW21 is proud to be complemented by a number of official LIDW member-hosted events on a wide range of topics spanning different sectors and forms of dispute resolution. Please see below the sessions for the afternoon of Wednesday 12 May 2021. For any more information, please visit our FAQs page

Climate change and commercial risks | 17:30 – 18:30 (BST)

Hosted by

Clyde & Co, HKA, Twenty Essex and White & Case.

What the session will cover

Join a lively panel of experts to discuss the following questions and more!

How can clients draft contracts in order to minimise the risk of climate change related claims and ensure such claims are dealt with efficiently?

Will the global push for net zero result in a new wave of investor-state claims?

How are existing commercial contracts exposed to climate change-related litigation risk and are there any trends that can be identified in this regard?

Are damages awards part of the drivers toward net zero or just a result of it?

Chair: Wendy Miles QC (Twenty Essex)

Panellists: Samantha Bakstad (BP), Mark Clarke (White & Case), Colin Johnson (HKA) and Richard Power (Clyde & Co)

Please click here to register for this event.

Human rights as the new frontier in dispute resolution – trends towards accountability and strategic implications | 17:30 – 18:30 (BST)

Hosted by

Essex Court Chambers and Omnia Strategy LLP.

What the session will cover

The session will outline trends towards increased adjudication of – and accountability for – human rights and environmental harms, and will highlight practical considerations and innovative approaches relevant to businesses and disputes lawyers.

Introducing the discussion, Cherie Blair CBE QC will provide a high-level overview of these trends and the intersection of legal, business, policy, communications and ethical issues.

The specialist panel will then consider key developments and strategic issues, including: the increasing exposure to claims relating to value chains, evolving due diligence requirements and expanding directors’ duties, tailoring and enforcing contract terms, and advocacy opportunities of engaging specialist human rights bodies.

For more information and to register for this event, please click here. Please email [email protected] if you have any difficulties registering.

Malleable memory—witness recollection in the face of data overload | 17:30 – 18:30 (BST)

Hosted by

Stevens & Bolton LLP and XXIV Old Buildings.

What the session will cover

Join us for an international panel discussion looking at the challenges of obtaining reliable witness evidence in international disputes. The discussion will consider:

  • Different approaches taken in different jurisdictions and their advantages and drawbacks
  • The steps that lawyers can usefully and legitimately take to help their clients prepare to give witness evidence.
  • How recollection evidence is impacted by the volume of contemporaneous electronic communications
  • How practitioners can obtain the best evidence without inadvertently causing that evidence to change?
  • Whether reforms to the CPR help or hinder this process

Please click here to register for this event.

A new frontier? Exploring cyber-related international disputes | 18:00 – 19:00 (BST)

Hosted by

Debevoise & Plimpton LLP and Twenty Essex.

What the session will cover

Please join Twenty Essex and Debevoise & Plimpton for a webinar exploring cyber-related international disputes, held as part of London International Disputes Week.

Topics

  • Inter-State disputes: to what extent is public international law “fit-for-purpose” as States conduct moves online?
  • Investor-State disputes: what claims might investors have, and what defenses might be available to States in the cyber realm?
  • Court litigation: how are the courts adapting traditional notions of jurisdiction, contract and tort law, and damages to address the rise of cross-border cyberattacks and other harmful conduct?
  • How do we protect dispute resolution proceedings from cyberattack?

Please click here for more information and to register for this event.

Lusophone arbitration talks – the dawn of Lusophone arbitration | 18:00 – 19:00 (BST)

Hosted by

3 Verulam Buildings and Mayer Brown International LLP.

What the session will cover

This event will focus on disputes in Lusophone jurisdictions in LatAm and Africa, notably Brazil, Angola and Mozambique. Over the past 15 years, Brazil has become one of the primary users of international arbitration, and the Brazilian arbitration bar has stepped up in Brazil and abroad. This is the case in London, where firms and chambers now have Brazilian partners and barristers; Brazilian solicitors have established new firms to focus on the Lusophone space.

In parallel, Portugal and African Lusophone jurisdictions, such as Angola and Mozambique, have seen remarkable development, having ratified key commercial and investment arbitration treaties, and noticed a rise in large scale commercial and investment disputes. The Portugal arbitration bar’s consistent growth, which now includes members of the ICSID Panel of arbitrators, is frequently seen in Brazilian cases. The various African arbitration initiatives will undoubtedly contribute further to the appearance of strong Lusophone international arbitration bars and institutions.

Please click here for more information and to register for this event.

This event will be conducted in English.

The impact of Brexit: challenges in cross-border restructurings and insolvencies | 18:00 – 19:00 (BST)

Hosted by

Reed Smith and Withers LLP.

What the session will cover

Whilst Brexit has thrown up some unique challenges for cross-border restructurings and insolvencies, London is still open for business. We will explore what has changed post-Brexit and the impact on insolvency law in the UK, including:

  • Impact of Brexit on the cross-border insolvency regime
  • Obtaining recognition – workarounds to the current predicament
  • The continuing role of UK Restructuring Plans and Schemes of Arrangement for cross-border restructurings
  • ‘Sufficient Connection’: London’s future as a global restructuring centre
  • Jurisdictional clauses and contractual solutions to avoid jurisdictional disputes in restructuring and insolvency
  • Offshore perspectives: lessons learned and innovation from cross-border insolvencies outside the European regime

Please click here to register for this event.