Go back

Wednesday 12 May 2021 – Member-hosted and sponsor events

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

Climate change in the boardroom | 08:30 – 09:30 (BST)

Hosted by

3 Verulam Buildings, Brick Court Chambers and Pinsent Masons LLP.

What the session will cover

As climate change becomes an ever more pressing item on corporate agendas due to its impacts on the financial and business worlds, this session will examine the duties owed (and risks faced) by directors regarding climate change and the disputes to which these may give rise. Incorporating perspectives from solicitors, barristers, a D&O insurance broker and a third party litigation funder, we will explore what global trends tell us about the litigation impact that climate change may have on UK directors, including the rise of shareholder activism and how these disputes might play out in the UK class actions landscape.

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

Risk v reward – should you be working in Saudi Arabia? | 08:30 – 09:30 (BST)

Hosted by

Alaco Limited and Lipman Karas LLP.

What the session will cover

Law firm Lipman Karas and corporate-intelligence firm Alaco share our experiences of working with Saudi clients covering commercial ventures & disputes, cross-border insolvencies, and asset-tracing. Have things changed in 20-years as a consequence of the kingdom’s new-found globalism? We’ll review the desire for inward investment; the evolution of the rule of law; the resolution of disputes and enforcement; the advent of insolvency; and the prevalence of corruption & political influence. We will be joined by regional clients, journalists and local advisors to give their perspective on risk and reward in the region.

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

The rise in shareholder disputes: practical strategies for resolution and the tools of the Business and Property Courts | 08:30 – 09:30 (BST)

Hosted by

Keidan Harrison and Quadrant Chambers.

What the session will cover

The pandemic has caused the tide to go out for many businesses leaving shareholders to discover that they have been swimming naked! Investors have been paying closer attention to underperforming investments, leading to an increase in the discovery of fraud and wrongdoing by directors. Further, parties are making moves to take control of struggling businesses and ousting underperforming business partners. This session will explore the catalysts for current shareholder disputes, the themes appearing in cases before the courts and in arbitration and practical ways to seek to resolve disputes in a cost-effective fashion. The panel will take into account the views of a leading QC, counsel, solicitor practitioners and a forensic accountant.

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

Debate: Are arbitrators getting away with too much? | 09:00 – 10:00 (BST)

Hosted by

LexisNexis, Farrer & Co, IDRC, Pinsent Masons, Quadrant Chambers and Stewarts.

What the session will cover

Finality and party autonomy are held sacred by some members of the arbitration community. But should they be? Is lax court oversight letting bad arbitrators get away with too much? Is it time for a fundamental rethink?

Moderated by Barry Fletcher of LexisNexis, leading practitioners Philippa Charles, Partner at Stewarts, Jean-François Le Gal, Partner at Pinsent Masons, Poonam Melwani QC, Barrister at Quadrant Chambers, and Hendrik Puschmann, Partner at Farrer & Co, will debate this topic with each other, and invite views from the audience. Expect to be entertained. Expect some controversy.

This online event will be presented by LIDW21 sponsor IDRC.

Note: this event will consider challenges and appeals against arbitral awards and arbitrators under the Arbitration Act 1996 and may also include some comparative analysis.

To register for this session, please click here.

Has technology ‘disappeared into use’ within dispute resolution proceedings? | 09:00 – 10:00 (BST)

Hosted by

Opus 2.

What the session will cover

We know technology has arrived when it ‘disappears into use’. Until some years ago, listing proficiency in Microsoft Office in a CV was commonplace. These days, there is an assumption that you know how to use Word or PowerPoint if you are applying for certain types of jobs.

Similarly, in modern dispute resolution proceedings are questions like- ‘Printed vs electronic bundle’ – relevant anymore? Has technology effectively disappeared into use within dispute resolution proceedings?

Join our panel of experts from different areas of dispute resolution to explore what the technology landscape in dispute resolution proceedings looks like, beyond just eDiscovery. We’ll be tackling questions such as:

  • How are legal teams rethinking how they work and prepare for a case?
  • What challenges or opportunities is technology addressing in modern dispute hearings?
  • What are some of the considerations for different stakeholders when choosing a technology solution to power their dispute resolution proceedings?

Speakers:

  • Taryn Auchecorne, Business Development Director,  Opus 2 (Chair)
  • Melina Efstathiou, Head of Litigation Technology, Eversheds Sutherland
  • Sarah McAtominey, Partner, Bryan Cave Leighton Paisner LLP
  • Stephanie Mbonu, Global Projects and Hearing Manager – International Arbitration Group, Freshfields Bruckhaus Deringer

To register for this session, please click here.

The new regime for trial witness statements: what to watch out for | 09:00 – 10:00 (BST)

Hosted by

Herbert Smith Freehills LLP and One Essex Court.

What the session will cover

In this panel session we will outline the new rules on trial witness statements, introduced from 6 April 2021 by Practice Direction 57AC of the CPR, and discuss their practical implications for commercial litigation. We will consider the challenges the new rules present, from the perspective of the judge, counsel, solicitor and client. The panel will include Rupert Lewis (Head of Banking Litigation) and Maura McIntosh (a member of the working group which proposed the new rules) both of Herbert Smith Freehills, and Anthony de Garr Robinson QC of One Essex Court.

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

‘Why? Because I say so’: Contractual discretions, reasonableness, rationality and good faith | 09:00 – 10:00 (BST)

Hosted by

4 Pump Court, Jones Day and Simmons & Simmons.

What the session will cover

Contracts include terms giving parties discretions, e.g. to approve standards of workmanship.
How do the courts approach such terms? Does a party exercising discretion have to be reasonable – or merely “rational”? What does “rationality” mean in a commercial context?

This panel debate looks at:

  • The Supreme Court decision in Braganza v BP Shipping and the subsequent cases
  • “Reasonable” vs. “rational” decision-making in practice
  • The court’s role; interpretation and “policing” a party’s exercise of discretion
  • Whether commercial law has more to borrow from public law– and if so, in what ways?

Chair: Claire Packman QC, 4 Pump Court

Panel: James Bowling, Barrister, 4 Pump Court; James Pickavance, Partner, Jones Day; and Leonie Sellers, Managing Associate, Simmons & Simmons

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