Event programme

With its theme: ‘Looking forward: change, challenge and opportunity’, LIDW21 will provide crucial insights on the business and law of international dispute resolution. The highlights of the official LIDW21 agenda are: a virtual conference encompassing 16 sessions delivered by leading experts in their fields; four unmissable keynote addresses by Sir Geoffrey Vos, Master of the Rolls, the Honourable Bart Katureebe, Chief Justice Emeritus of Uganda, Mimi Lee, Managing Counsel with Chevron Upstream, and The Lord Chancellor and Secretary of State for Justice, the Right Honourable Robert Buckland QC; a ‘fireside’ discussion between I. Stephanie Boyce, Derek Sweeting QC, and Lord Wolfson of Tredegar QC; and, many opportunities to network with colleagues from around the world. The LIDW21 conference programme is 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. We look forward to welcoming you to LIDW21 this May.

Monday 10 May 2021

9:00 - 10:00 (BST)

Member-hosted and sponsor events

  • How can London remain a forum of choice for parties to MENA disputes?
Click here to read more

10:00 - 10:30 (BST)

Networking break

10:30 - 11:30 (BST)

The remote-working lawyer: how to build new professional relationships, and maintain the ones you have

How do practitioners of all levels establish and develop client relationships as well as raise their profile internationally in this period of significant change, and how can they embrace the use of technology to succeed? In this session delegates will hear from international disputes practitioners and a business development professional on the dos and don’ts of operating in an increasingly online environment.

Click here to read more

11:30 - 12:00 (BST)

Networking break

12:00 - 13:00 (BST)

London and the new, decentralised disputes resolution landscape

Hear from legal practitioners, in-house counsel and experts from across the globe to discuss how litigation, arbitration, ADR and other dispute resolution methods have adapted to the new DR landscape. The panel will explore whether the venue of the court, tribunal or seat matters and what, in particular, London offers to the global disputes community in the new, decentralised landscape.

Click here to read more

13:00 - 13:15 (BST)

Networking break

13:15 - 13:45 (BST)

Keynote 1

Sir Geoffrey Vos, Master of the Rolls, President of the Civil Division of the Court of Appeal and Head of Civil Justice in England and Wales.

Click here to read more

13:45 - 14:00 (BST)

Networking break

14:00 - 15:00 (BST)

The evolving role of the digital advocate

Has the art of persuasion changed for good? Expert advocates (and those who the advocates appear before) will look at whether we now need to adhere to new approaches and standards when conducting advocacy online and the changes that have occurred since this became the norm rather than the exception. The session will cover dos and don’ts for the effective digital advocate in conducting oral advocacy, cross-examination and re-examination and the cultural and ethical contrasts in international disputes.

Click here to read more

15:00 - 15:30 (BST)

Networking break

15:30 - 16:30 (BST)

The rise and rise of state power in global disputes

State parties are increasingly involved in international disputes, not only in the “traditional” role as respondents but also as claimants. The involvement of states and state-owned enterprises as well as sovereign wealth funds in cross-border commercial activity and investment has mandated that there many more commercial and investment disputes involving state parties. This session will look at how state parties engage in disputes, how the procure legal services, whether “in-house” or external counsel and how the use the range of various dispute resolution methods. The session will also address recent trends in investor-state dispute settlement and the recent drive for investor-state mediation in light of the current global pandemic crisis.

Click here to read more

16:30 - 17:30 (BST)

Networking break, including exclusive speed networking

17:30 - 18:30 (BST)

Member-hosted events

  • Emerging legal trends in the trade and commodities sector
  • Shifting sands—international jurisdictions in insolvency proceedings
  • Technology disputes of the future: current trends and predictions
Click here to read more

18:00 - 19:00 (BST)

Networking/member-hosted events

  • Climate change litigation – what are the private and public law risks?
  • Debate: Is the evolution of institutional arbitration rules at the expense of party autonomy?
  • Expert witness: status, independence, duties and conflict
  • UK Supreme Court interventions – when public and private interests collide
Click here to read more

Tuesday 11 May 2021

8:30 - 9:30 (BST)

Member-hosted events

  • Demand bonds and performance guarantees: Making and resisting calls on securities in a cash-starved economic climate
  • How not to apply for litigation funding
  • Institutional Rules – Reflecting on the Latest Changes to Arbitration
  • The new UK restructuring plan: ripe for disputes?
  • Russian and CIS disputes in London
Click here to read more

9:00 - 10:00 (BST)

Member-hosted and sponsor events

  • Force majeure, frustration and illegality – rescue remedies for a pandemic?
  • Hard issues for in-house lawyers and their “soft” skills: how we work
  • Recent developments in collective and group actions in the UK: implications for stakeholders
  • Risks and challenges for directors
Click here to read more

10:00 - 10:30 (BST)

10:30 - 11:30 (BST)

Litigation at what cost? Funding access to justice including group claims and collective redress

One of the main concerns in dispute resolution is the level of legal costs and how they are funded. There has been much criticism of the traditional hourly rate. The last 20 years, however, have seen considerable innovation by lawyers with the use of conditional fee agreements, damages based agreements, litigation funding and the assignment of claims. There have also been developments in the collective redress system including opt out class actions in competition claims, test cases and technology to manage large volumes of claimants enabling large volumes of smaller claims to be managed together sharing risk and costs. As lawyers have innovated, the courts been had to address the issues raised by the different funding arrangements and their impact on costs.

This session will focus on traditional and alternative fee arrangements. It will look at issues such as the adequacy of pricing and funding of international dispute resolution, taking into account how the improved use of funding and technology may have an impact on the proportionality of legal costs.

Click here to read more

11:30 - 12:00 (BST)

12:00 - 13:00 (BST)

Upholding the rule of law or providing an efficient service – the judicial perspective on the changing role of the courts

This panel, presented by the Standing International Forum on Commercial Courts, will feature a discussion among commercial court judges drawn from around the world on the future of dispute resolution globally in the context of the economic challenges posed not only by the pandemic but also the changing ways in which we do business, and the demands these factors have placed on our courts. It will explore case management principles across different jurisdictions and will consider what has worked well to enable courts to deal with cases justly and efficiently; participants will debate concrete actions to deal with backlogs and the rapid digitisation of dispute resolution, and its attendant ethical and procedural issues.

Click here to read more

13:00 - 13:15 (BST)

13:15 - 13:45 (BST)

Keynote 2

An international perspective – The Honourable Bart Katureebe, Chief Justice Emeritus of Uganda.

Click here to read more

13:45 - 14:00 (BST)

14:00 - 15:00 (BST)

Environmental, social and governance (ESG) and dispute resolution: poles apart?

In this session, the panel will explore the influence and role of ESG in dispute resolution. Does a corporate embracing ESG increase or decrease its disputes risks? Is ESG influencing the way in which corporates approach dispute resolution and the procedures available? What long term influence, if any, will the pandemic have to ESG in dispute resolution. Are dispute resolution practitioners doing enough to help corporates achieve their ESG ambitions?

Click here to read more

15:00 - 15:30 (BST)

15:30 - 16:30 (BST)

The external counsel as strategic partner

This session will focus on an interactive panel discussion. The panel will include in-house counsel. The discussion will explore the practicalities of what in-house counsel want and need from their ideal strategic partner.

Click here to read more

16:30 - 17:30 (BST)

17:30 - 18:30 (BST)

Member-hosted events

  • Cyber fraud and data breaches in the era of remote working
  • Managing a mixed civil/common law arbitral panel in international construction arbitration
  • Preparing tomorrow’s disputes practitioner: the future of dispute resolution training
Click here to read more

18:00 - 19:00 (BST)

Networking/member-hosted events

  • English law, London arbitration and Latin American parties: can the mix be improved?
  • Stepping back from the brink: turning from dispute to settlement
  • The digital era: a look at cryptoassets
  • Transnational tort claims: responsibilities of the UK parent company post Vedanta
Click here to read more

19:00 - 20:00 (BST)

Member-hosted networking event

  • Stronger Together: A Look Back at Remote Community Building and Ahead to the Future for International Arbitration
Click here to read more

Wednesday 12 May 2021

8:30 - 9:30 (BST)

Member-hosted events

  • Climate change in the boardroom
  • Risk v reward – should you be working in Saudi Arabia?
  • The rise in shareholder disputes: practical strategies for resolution and the tools of the Business and Property Courts
Click here to read more

9:00 - 10:00 (BST)

Member-hosted and sponsor events

  • Debate: Are arbitrators getting away with too much?
  • Has technology ‘disappeared into use’ within dispute resolution proceedings?
  • The new regime for trial witness statements: what to watch out for
  • ‘Why? Because I say so’: Contractual discretions, reasonableness, rationality and good faith
Click here to read more

10:00 - 10:30 (BST)

10:30 - 11:30 (BST)

The predicted rise of disputes in a pandemic-fuelled recession

The pandemic is expected to fuel a rise in distress, resulting in insolvency disputes, many expected to feature fraud and contested asset recovery. It is also widely expected that there will be an uptick in disputes activity across the board. So how can disputes resolution lawyers plan for this new environment of disputes? What will the challenges be to attracting and resourcing new work, where will there be shortages of expertise and what will be the bars to resolution of these disputes? The session will consider whether there really will be the predicted wave of disputes activity, what we can do to anticipate it and whether “this time it will be different”. We will also look at the role of London as a venue for resolving pandemic fuelled cross border disputes, and the challenges that it faces.

Click here to read more

11:30 - 12:00 (BST)

12:00 - 13:00 (BST)

Breaking the mould – new approaches to evidence in the digital age

This session will consider the use of evidence in international dispute resolution – from the Disclosure Pilot Scheme in the English Business and Property Courts and the review and use of witness statements in litigation, to the Prague Rules and whether they have been adopted by many during arbitration and, if so, to what extent, or whether practitioners still prefer the use of the IBA Rules and, if so, why. The session will consider these topics by drawing particular attention to the digital world (i.e. virtual hearings, virtual examinations/cross-examinations) and will evaluate the various weapons available in the dispute practitioners’ arsenal while preparing evidence.

Click here to read more

13:00 - 13:15 (BST)

13:15 - 13:45 (BST)

Keynote 3 - In conversation with Mimi Lee

Mimi Lee is Managing Counsel with Chevron Upstream and is based in San Ramon, CA.  Mimi and her team manage litigation, arbitration and pre-litigation disputes stemming from Chevron’s non-US Upstream operations and Chevron Shipping matters.  The team’s case docket includes a variety of matters including commercial disputes, international arbitrations involving other IOCs as well as foreign governments, insurance, personal injury and property damage.  Mimi and her group interact with external counsel located all over the world and are responsible for ensuring that all litigation matters are handled efficiently and in a cost effective manner consistent with Chevron’s Objectives-Based Litigation Technique (“COBALT®”), which is a structured and disciplined technique for achieving reliability, efficiency and world class performance in litigation management.  Prior to joining Chevron, Mimi was in private practice as a litigator.  She was formerly a partner with Thelen Reid & Priest and later with McKenna Long & Aldridge.

Click here to read more

13:45 - 14:00 (BST)

14:00 - 15:00 (BST)

Corporate counsel roundtable: the top priorities when navigating global disputes

This roundtable session will bring together corporate counsel from all over the world and will address how inhouse lawyers see the current challenges in international dispute resolution, what they look for in engaging external counsel, how they decide what to outsource and what they can do inhouse. It will also discuss what dispute resolution methods they prefer and whether, why, and how the perceive London as a dispute resolution hub. The session will also address the pervasive issues of costs and risk management. It will also explore questions of diversity and efficiency and will discuss best practices and what can be done to avoid any likely pitfalls.

Click here to read more

15:00 - 15:30 (BST)

15:30 - 16:30 (BST)

Psychology of decision making in dispute resolution

The study of “behavioural law”, which takes into account the limitations of human rationality in decision-making, has grown as an academic subject in the last decade, and the influence of biases and heuristics on behaviours has become widely recognised in legal practice. This session will look at how such factors impact dispute resolution, from the point of view of parties, counsel and decision-makers (judges, arbitrators etc.). Why do parties pursue claims or defences that appear (objectively) to be unlikely to succeed? What psychological tools are available to counsel, to help them persuade the decision-maker? And what are the limitations of human decision-making, that can affect how judges and arbitrators reach their decisions?

Click here to read more

16:30 - 17:30 (BST)

17:30 - 18:30 (BST)

Member-hosted events

  • Climate change and commercial risks
  • Human rights as the new frontier in dispute resolution – trends towards accountability and strategic implications
  • Malleable memory—witness recollection in the face of data overload
Click here to read more

18:00 - 19:00 (BST)

Networking/member-hosted events

  • A new frontier? Exploring cyber-related international disputes
  • Lusophone arbitration talks – the dawn of Lusophone arbitration
  • The impact of Brexit: challenges in cross-border restructurings and insolvencies
Click here to read more

Thursday 13 May 2021

8:30 - 9:30 (BST)

Member-hosted and sponsor events

  • Harnessing data-led insights in construction disputes
  • How to find the right partner in a foreign jurisdiction
  • Seeing red when you are going green: What to do when your renewables project goes wrong
  • International co-operation and government guidelines on dispute resolution during the COVID-19 pandemic
Click here to read more

9:00 - 10:00 (BST)

Member-hosted events

  • How experts and lawyers can best work together. The challenges, the opportunities and possibly time for a change…
  • Navigating the quagmire: conflicts in international construction arbitration
  • The impact of Brexit on English litigation: applicable law, service, evidence, jurisdiction and enforcement of judgments
  • Predicting the unpredictable: analysing the trends that will shape litigation in the decade ahead
Click here to read more

10:00 - 10:30 (BST)

10:30 - 11:30 (BST)

Free session: Career development in the new normal (whatever that is)

As many junior lawyers are learning to work remotely, we ask how are they learning from their senior colleagues in the virtual world, and how can law firm leaders and managers develop talent remotely in the international dispute resolution community? We will hear from practitioners of all levels to explore how junior lawyers can build their international careers in the current, challenging climate.

Click here to read more

11:30 - 12:00 (BST)

12:00 - 13:00 (BST)

Clash of ethics in multi-jurisdictional dispute resolution

Lawyers involved in multi-jurisdictional disputes found themselves working with colleagues from different jurisdiction who observe a different ethical or professional code. This may result to some challenging ethical scenarios: what ethical code adherence would prevail? Are there internationally accepted ethical and professional standards? Are they adequate for international dispute resolution or is there need for more or better regulation? Is regulation and/or ethical codes an impediment for London based lawyers to get access to work abroad and vice versa? Is self-regulation appropriate or is there an appropriate international regulation in place?

Click here to read more

13:00 - 13:15 (BST)

13:15 - 13:45 (BST)

Keynote 4

The Lord Chancellor and Secretary of State for Justice, the Right Honourable Robert Buckland QC.

Click here to read more

13:45 - 14:00 (BST)

14:00 - 15:00 (BST)

The use of technology and AI in the future of dispute resolution in London

Has science fiction become science reality due to advances in technology? There are concerns that technology will be able to replace lawyers and perhaps even arbitrators or judges. How realistic is this? The growing use of AI and other technology across the legal industry in particular raises novel questions including who is responsible if something goes wrong, and who is the owner if the AI creates new intellectual property. Whether or not AI is as capable as those promoting it say it is, technology is certainly already enhancing the efficiency of how disputes are conducted.

This session will consider a wide range of issues about how technology is affecting the business of law as well as about how the law needs to develop and adapt in order to provide a legal framework capable of maintaining the rule of law in this brave new world. It is intended that the session will include demonstrations of latest technology and possibly even a real-time battle between a human lawyer and an AI! Is such a future already here? If it is, who will win?

Click here to read more

15:00 - 15:30 (BST)

15:30 - 16:30 (BST)

Beyond attrition: is winning at all costs consistent with wellbeing and mental health?

This session will examine how the legal profession interacts during the life of a dispute, starting with our clients, right through to the judiciary. Controversially, the panel will examine how we engage with opposing counsel – do we really need to send a 15 page letter on a Friday evening…? Should any regard be had to personal commitments when requiring a brief to be prepared “by Monday morning”? With over one billion people said to be suffering from a mental health issues worldwide, this problem cannot be ignored. What practical steps can clients, solicitors, counsel and the judiciary take to reduce the pressure on our lawyers, working at all levels in the legal profession? Is there a role for senior legal (and the judiciary) in setting the tone, helping to eradicate the stigma and ensuring that lawyers have the self-awareness and confidence to seek help where needed? The session will discuss all of these questions by looking through the lens of the new digital world brought about by the current global pandemic crisis.

Click here to read more

16:30 - 17:30 (BST)

17:30 - 18:30 (BST)

Member-hosted events

  • Government intervention and regulatory disruption: Recourse for business and investors
  • Unconscious bias and its effect on dispute resolution
Click here to read more

18:00 - 19:00 (BST)

Networking/member-hosted events

  • Arbitration and corruption: Addressing the elephant in the room
  • The future of oil and gas disputes
Click here to read more

Friday 14 May 2021

8:00 - 13:00 (BST)

Member-hosted events

  • Africa and arbitration – is London still relevant?
  • Are virtual hearings here to stay?
  • China-related commercial disputes – a comparison of the arbitral process in London and China
  • Challenges and opportunities in Investor-State Dispute Settlement
  • Hindsight – is there an increasing reliance on the use of hindsight in valuations, if not should there be as a result of COVID-19?
  • Enka v Chubb and Halliburton v Chubb, which will prove to be the most significant, and how do they impact on London as an arbitration centre?
  • Disputes and sanctions
  • Interplay between onshore / offshore disputes— enforcement actions and asset-tracing in multi-jurisdiction disputes (London, CIS, BVI and Cyprus)
  • A view from London and India: how dispute management can keep ambitious construction and infrastructure plans on track
  • The impact of litigation analysis on London dispute resolution
Click here to read more

13:00 - 17:00 (BST)

Member-hosted events

  • Maritime arbitration in London – present and future challenges in a changing
  • Arbitration and insolvency – an inescapable clash of cultures
  • Emerging markets and India – arbitration and mediation
  • Avoiding the failure of the failing firm defence
  • Climate Change, Public International Law and Disputes – Too Hot A Topic?
  • The arbitration of international trust disputes: the next frontier in international dispute resolution?
  • Construction disputes in a post-COVID world
Click here to read more