Events

Micula vs Achmea = Investment Law vs EU Law?

The Center is pleased to announce a seminar entitled “Micula vs Achmea = Investment Law vs EU Law?”. The event will take place on Wednesday, October 16, 2019, from 6:00 PM to 8:00 PM, in the Lester Pollack Colloquium Room, Furman Hall 900 (245 Sullivan Street, New York, NY 10012).

It is a great pleasure to be able to announce that Ms. Nathalie Colin, Mr. Alexandre Hublet and Kevin D. Benish agreed to present their views on different aspects of the relationship between EU and Investment Law.

Nathalie Colin is a partner and the head of the Disputes practice of the Brussels office of White & Case. Nathalie has been a commercial litigator since 1994, and has extensive experience of cross-border and domestic litigation, arbitration and white collar/investigations. In the field of arbitration, Nathalie acts as counsel and arbitrator, and was recently appointed President of a CEPANI arbitral tribunal. Nathalie obtained a landmark decision from the Brussels Court of Appeal in 2016 in an important precedent for enforcement of foreign arbitral awards under Belgian law.  She regularly publishes articles and is a speaker at conferences on international arbitration matters. Since June 2019, she has been a member of the Board of Directors of the CEPANI.  Nathalie is currently working on the Belgian enforcement efforts in the Micula case.

Alexandre Hublet is an associate at the Brussels office of White & Case .We represents domestic and foreign clients in litigation, arbitration and white collar/investigations. Alexandre was recently appointed sole arbitrator by the CEPANI, and often acts as secretary of arbitral tribunals. Alexandre is a teaching assistant in international private law at the Université Libre de Bruxelles. He is a regular speaker at conferences and has also authored various publications on international arbitration. He holds an LLM degreed from NYU, where he specialized in international arbitration. He is admitted to the New York bar. Like Nathalie, Alexandre is currently working on the Belgian enforcement efforts in the Micula case

Kevin D. Benish is an associate at Holwell Shuster & Goldberg LLP, were he represents domestic and international clients in matters involving transnational litigation, arbitration, and matters of constitutional law. He is also an adjunct professor at the New York University School of Law, where he co teaches International Litigation and Arbitration with Professor Linda Silberman. As an experienced litigator, Kevin has advised clients on judgment- and award-enforcement matters under the Foreign Sovereign Immunities Act and the ICSID Convention, and is regularly involved in U.S. proceedings in aid of foreign litigation and arbitrations. In addition to his practice, Kevin is a frequent author and commentator on topics related to transnational litigation, civil procedure, conflict of laws, and comparative law. Recently, he was an External Scientific Fellow at the Max Planck Institute for Procedural Law in Luxembourg.

Please note that the Chatham House rule applies.

Due Process Conference in International Arbitration

The Center is pleased to announce a conference entitled “Due Process in International Arbitration.” The event will take place on Friday, October 18, 2019, from 8:30 AM to 6:15 PM, in the Lester Pollack Colloquium Room, Furman Hall 900 (245 Sullivan Street, New York, NY 10012).

This event will discuss the topics addressed in the national reports drafted on the basis of a questionnaire prepared by Professors Franco Ferrari, Dietmar Czernich, and Friedrich Rosenfeld. The ultimate goal behind the national reports and the discussion that will take place at the conference is to provide the background information for those involved in litigation as to the decision courts may take.

Facebook’s Libra in the context of international transactions and the CISG

This is to announce this academic year’s first session of the Forum of the Center for Transnational Litigation, Arbitration, and Commercial Law, entitled “Facebook’s Libra in the context on international transactions and the CISG”. The event will take place on Monday, September 23rd, 6.00 – 8.00 pm, in the Lester Pollack Colloquium Room, Furman Hall 900 (245 Sullivan Street, New York, NY 10012).

It is a great pleasure to be able to announce that on the occasion of that session, Prof. Sebastian Omlor will give a talk on the aforementioned topic.

Sebastian Omlor, who holds an LL.M. degree from NYU, an s.j.d. and an LL.M. degree from Saarland University in Germany, is full professor and Director of the Institute for Comparative Law at Marburg University in Germany. At Marburg University, he holds the chair for private law, commercial and business law, banking law and comparative law. His research also focuses on banking and company law, the law of payment and financial services, the law of digitalisation, and the legal concept of money. As a legal expert, he advised, inter alia, the German parliament (Bundestag) and the German Federal Ministry of Finance.

Center hosts conference of costs and damages in international arbitration in Vienna

The Center, together with Bucerius Law School and McGill University, will hold a conference entitled “Costs and damages in international arbitration”. The conference will address the most disparate issues, including how hermeneutics misshape reasoning and lead to increased costs, how to improve trust and transparency in arbitrator time reporting, and how costs are being allocated in international arbitration. The conference will take place on April 12, 2019, from 9.30 am to 4.30 pm, in the  Juridicum, Room U18, University of Vienna, Schottenbastei 10-16, 1010 Vienna. The event is graciously hosted by the University of Vienna just prior to the commencement of the 26th annual Willem C. Vis International Commercial Arbitration Moot. For the detailed program, please click here

Force majeure and economic hardship under the CISG

This is to announce the October 2018 session of the Forum of the Center for Transnational Litigation, which will take place on Monday, October 29th, 2018, from 6.00 p.m. to 8.00 p.m., in the Lester Pollack Colloquium Room, Furman Hall 900 (245 Sullivan Street, New York, NY 10012). On the occasion of this session of the Forum, Professor Yeşim Atamer, a full professor of Civil Law and Comparative Civil Law at Istanbul Bilgi University, Turkey, will examine the requirements for a party not to be liable for failure to perform under CISG’s Article 79. NYU Professors Clayton Gillette and Franco Ferrari will comment on Professor Atamer’s presentation and will discuss whether the CISG addresses economic hardship, an issue that if one often to be addressed by arbitral tribunals charged with deciding disputes arising out of long-term sales agreements impacted by the financial crisis.

Center hosts conference on “The Application of the New York Convention in Latin America”

On 13 September 2018, the Center will host a conference entitled “The Application of the New York Convention in Latin America: Domestic versus International Standards” on the occasion of which practitioners and academics will discuss whether courts in Latin American have interpreted the New York Convention in light of domestic law or international standards. The speakers will discuss why the answer to the question is relevant in practice. For the full program, please click here.

The Center for Transnational Litigation, Arbitration, and Commercial Law will host a Talk “BITs, BATs and Buts: International Dispute Resolution”

The Center for Transnational Litigation, Arbitration, and Commercial Law will host a talk on Tuesday, February 14 from 6:00-8:00pm. Mr. Gary Born, current scholar-in-residence, will be presenting “BITs, BATs and Buts: International Dispute Resolution” in the Lester Pollack Colloquium Room, FH900.

Center co-hosts arbitration seminar at Sciences-Po in Paris

The Center hosts, together with Sciences-Po, a seminar on “how do arbitrators decide” that is to take place on 30 May 2016, from 4.30-6.30 pm. The event’s main speaker will be Eduardo Silva Romero (Dechert Paris), while Prof. Fabien Gélinas (McGill University), Prof. Pierre Mayer (University Paris 1), Ms. Isabelle Michou (Herbert Smith Freehills Paris) and Prof. Franco Ferrari (the Center’s Director)  will act as commentators. The event will be moderated by Prof. Diego Arroyo (Sciences-Po). For more info, click here

Personal Jurisdiction and Forum Non Conveniens: Are the Two Shores of the Atlantic Getting Closer?

This is to announce this March’s session of the Forum of the Center for Transnational Litigation, Arbitration and Commercial Law, entitled “Personal Jurisdiction and Forum Non Conveniens: Are the Two Shores of the Atlantic Getting Closer?” The event will take place on Monday, 28 March 2016, from 6.00 – 8.00 pm, in the Lester Pollack Colloquium Room, Furman Hall 900 (245 Sullivan Street, New York, NY 10012).

It is a great pleasure to be able to announce that on the occasion of that session, Professor Andrea Bonomi will give a talk on the aforementioned topic and both Professors Linda J. Silberman and Franco Ferrari will comment.

Andrea Bonomi, who received his LL.B from Padua University, holds two Ph.d. degrees (one from Innsbruck University and one from Bologna University), is Professor of Comparative Law and Private International Law at the Faculty of Law and Criminal Justice of Lausanne University (since 2002). Since 2006, Andrea Bonomi is also the Director of the Centre for Comparative, European and International Law at Lausanne University. Andrea Bonomi, who is a former Member of the Swiss delegation at the Hague Conference of Private International Law and the Rapporteur of the Hague Protocol on the Law Applicable to Maintenance Obligations of 23 November 2007, is a Member of the European Group of Private International Law (GEDIP), an Associate Member of the International Academy of Comparative Law, and a member of several other professional associations. He is a prolific author and is currently also the Editor of the Yearbook of Private International Law.

Linda J. Silberman is the Martin Lipton Professor of Law at New York University and Co-Director of the Center. She is a leading figure in the United States in private international law and transnational litigation, and her academic and scholarly interests range from numerous areas of commercial law to personal and family matters. At NYU, Professor Silberman teaches a range of courses, including Civil Procedure, Comparative Procedure, Conflict of Laws, International Litigation/Arbitration and International Commercial Arbitration. She is co-author of an important Civil Procedure casebook (now in its 3rd edition) and of a recent book on Comparative Civil Procedure. She was the co-Reporter for the American Law Institute Project–Recognition and Enforcement of Foreign Judgments: Analysis and Proposed Federal Statute, and an adviser to two other American Law Institute projects: Intellectual Property: Principles Governing Jurisdiction, Choice of Law and Judgments in Transnational Disputes and the Restatement Third on International Commercial Arbitration. Professor Silberman is also a Member of the State Department’s Advisory Committee on Private International Law and has been a member of numerous U.S. State Department delegations to the Hague Conference. Professor Silberman combines her scholarship and academic work with other roles, such as special referee, expert witness and consultant in a number of important cases. Her work was cited by the Supreme Court of the United States on several occasions.

Franco Ferrari, who joined NYU on a full-time basis in September 2010, after serving as visiting professor for various years, is also chaired professor of international law at Verona University School of Law in Italy. Previously, he was chaired professor of comparative law at Tilburg University in the Netherlands and Bologna University in Italy. After serving as member of the Italian Delegation to various sessions of the United Nations Commission on International Trade Law (UNCITRAL) from 1995 to 2000, he served as Legal Officer at the United Nations Office of Legal Affairs, International Trade Law Branch (2000-2002), with responsibility for numerous projects, including the preparation of the UNCITRAL Digest on Applications of the UN Sales Convention (2004 edition). Professor Ferrari has published more than 270 law review articles in various languages and 17 books in the areas of international commercial law, conflict of laws, comparative law and international commercial arbitration. Professor Ferrari is a member of the editorial board of various peer reviewed European law journals (Internationales Handelsrecht, European Review of Private Law, Contratto e impresa, Contratto e impresa/Europa, Revue de droit des affaires internationales). Professor Ferrari also acts as arbitrator both in international commercial arbitration’s and investment arbitration’s.

Please note that the Chatham House rule applies.

NYU Arbitration Forum on “Arbitrator Power: A Transatlantic Divide” – 29 February 2016

This is to announce the February 2016 session of the Arbitration Forum of the Center for Transnational Litigation, Arbitration and Commercial Law, entitled “Arbitrator Power: The Transatlantic Divide”, which will take place on Monday, 29February 2016, from 6.00 – 8.00 pm, in the Lester Pollack Colloquium Room, Furman Hall 900 (245 Sullivan Street, New York, NY 10012).

It is a great pleasure to be able to announce that Professor Margaret Moses will give a talk on the aforementioned topic and that Dr. Monique Sasson and Mr. Christian Alberti agreed to act as commentators.

Margaret L. Moses is Professor of Law and Director of International Programs at Loyola University Chicago. A scholar in the field of international commercial arbitration, the second edition of her treatise on international commercial arbitration was published in May 2012 by Cambridge University Press. Her teaching and writings are informed by her participation as an arbitrator or advocate in arbitrations under the auspices of the International Chamber of Commerce, Court of Arbitration and the American Arbitration Association’s International Centre for Dispute Resolution, as well as in ad hoc arbitrations. In addition to arbitration, her areas of interest and research include international business transactions, international letters of credit,  and international trade finance. Her articles on arbitration, international letters of credit, good faith, and other topics have appeared in many U.S. law reviews, as well as in foreign and  international journals. She has been an invited speaker at national and international conferences in many different countries. Professor Moses heads Loyola Chicago’s Vis Moot Arbitration program, which sends students to compete in both Vienna and Hong Kong. She has a J.D. degree from Columbia University School of Law and a Ph.D. degree from Indiana University.
 
Dr.  Monique Sasson initially qualified as an Italian Avvocato and practiced in Rome (with Studio Legale Chiomenti), where she appeared before arbitral tribunals and Italian courts. In 2000, she joined Herbert Smith’s international litigation/arbitration practice group in London, qualified as an English solicitor (and subsequently as a solicitor advocate), and acted for clients in a number of international arbitration cases as well as litigation matters. In 2009, Monique obtained her Ph.D. degree from Cambridge University, and the following year Kluwer published a revised version of her doctoral thesis under the title Substantive Law in Investment Treaty Arbitration: The Unsettled Relationship Between International Law and Municipal Law. In 2015, Monique joined JAMS as a full time arbitrator, dividing her time between New York and London. Monique currently resides in New York City, is a member of the New York Bar, and serves on the New York City Bar Committee on Arbitration.  She is an associate editor of Kluwer Arbitration Blog, and is the Co-Managing Editor of several ITA publications, including the ITA Arbitration Report and World Trade and Arbitration Materials.  Monique is a Member at Large of the ITA Advisory Board and its Executive Committee.
 
 
Christian P. Alberti is the AVP/Director of the International Centre for Dispute Resolution (ICDR), the international division of the American Arbitration Association (AAA). He supervises the ICDR’s staff and center management activities and oversees hundreds of large complex multi-party arbitrations and mediations covering all types of disputes and industries each year. Prior to joining the ICDR in 2005, Christian headed the Italian Desk of a mid-size law firm in Germany. Christian is the former President and Honorary Member of the Alumni Association of the Willem C. Vis International Commercial Arbitration Moot (MAA). He is regularly invited to speak at international conferences and guest lectures at various law schools about international arbitration and mediation in the United States and abroad. He successfully coaches New York University’s Vis Moot Team since 2007 and its Foreign Direct Investment Moot Team since 2008. He is a founding member of the International Arbitration Club of New York, a member of the Arbitration Committee of the New York City Bar (2012-2015), an associate of Pace University’s Institute of International Commercial Law, as well as a member of various international ADR associations. After studies at the Philipps-University of Marburg, the German University for Administrative Sciences Speyer (DHV) and the University of Queensland he was admitted to practice law in Germany in 2003 and in the State of New York in 2011. He obtained an LL.M. from Tulane University Law School in 2002.
 

Center Hosts 5th Arbitration Moot at Hogan Lovells

NYU’s  Center  for  Transnational  Litigation,  Arbitration  and  Commercial  Law  will  hold  its  Fifth  Annual Arbitration Practice Moot  on  Saturday,  27  February  2016  and  Sunday,  28  February  2016.    The  event  will  be  co-hosted  by  Hogan  Lovells US  LLP  and  NYU’s  International  Arbitration  Association.    The  principal  objective  of  the  NYU  Practice  Moot  is  to provide  a  forum  within  which  students  participating  in  this  year’s  Willem  C.  Vis  International  Commercial Arbitration  Moot  can  refine  their  oral  presentations  by  pleading  before,  and  receiving  constructive  feedback  from, panels of distinguished arbitrators.

For the program please click here.

“How Singapore became a successful arbitration centre using the UNCITRAL Model Arbitration Law,” Monday, 23 November 2015

This is to announce the November session of the Arbitration Forum of the Center for Transnational Litigation, Arbitration and Commercial Law, entitled “How Singapore became a successful arbitration centre using the UNCITRAL Model Arbitration Law,” which will take place on Monday, 23 November 2015, from 6.00 – 8.00 pm, in the Lester Pollack Colloquium Room, Furman Hall 900 (245 Sullivan Street, New York, NY 10012).

It is a great pleasure to be able to announce that Professor Gary F. Bell will give a talk on the aforementioned topic and that Ms. Alexandra Dosman agreed to act as commentator.

Associate Professor Gary F. Bell teaches arbitration, Indonesian law and the international sale of goods at the National University of Singapore where he was the founding director of the Asian Law Institute (ASLI). He has law degrees in both civil and common law from McGill, where he was the Editor-in-Chief of the McGill Law Journal.  He clerked for Justice Stevenson of the Supreme Court of Canada. He has an LL.M. from Columbia Law School.  He has acted as sole arbitrator, member of a panel or chair in numerous ICC and SIAC arbitrations. He presently works on a research project on the use of the UNCITRAL Model Arbitration Law in Asia.

Alexandra Dosman is the first Executive Director of the New York International Arbitration Center (“NYIAC”). Prior to joining NYIAC in May 2013, Ms. Dosman practiced commercial litigation and international arbitration at Shearman & Sterling LLP for seven years. She writes and speaks widely on commercial and investment treaty arbitration matters.

To RSVP (required), please send an email to: cassy.rodriguez@nyu.edu

“Convergence or Divergence of EU and US Private International Law?” Monday, October 26, 2015

The Center for Transnational Litigation, Arbitration and Commercial Law is pleased to announce that it will host a conference entitled, “Convergence or Divergence of EU and US Private International Law?”, which will take place on Monday, 26 October 2015, from 2:00 – 7:30.00 p.m., in the Lester Pollack Colloquium Room, Furman Hall 900 (245 Sullivan Street, New York, NY 10012).

Entries prepared for the European Encyclopedia of Private International Law will be used to look into whether the private international laws of the US and the EU are really as far apart as people generally believe them to be.

Our distinguished list of speakers include Jürgen Basedow, Samuel Baumgartner, George Bermann, Andrea Bonomi, Donald Childress, William Dodge, Tim Dornis, Franco Ferrari, Diego Fernandez Arroyo, Stéphanie Francq, Joseph Lookofsky, Ralf Michaels, Horatia Muir Watt, Luca Radicati di Brozolo, Francesca Ragno, Kermit Roosevelt, Linda Silberman and Louise Ellen Teitz.

For the conference program, click here.

To RSVP (required), please send an email to: cassy.rodriguez@nyu.edu by 21 October 2015.

Conference on Limits to Party Autonomy in International Commercial Arbitration Sept. 17-18

The Center for Transnational Litigation, Arbitration and Commercial Law is pleased to announce that it will host a conference entitled “Limits to Party Autonomy in International Commercial Arbitration” on 17 and 18 September 2015. The list of speakers include Prof. George A. Bermann, Dr. Andrea Carlevaris, Prof. Giuditta Cordero-Moss, Prof. Kevin Davis, Prof. Filip De Ly, Prof. Diego Fernandez Arroyo, Dr. Inka Hanefeld, Prof. Helen Hershkoff, Mr. Brian King, Prof. Stefan Kröll, Prof. Luca Radicati di Brozolo, Dr. Francesca Ragno, Dr. Friedrich Rosenfeld, Prof. Maxi Scherer, Prof. Linda Silberman, Mr. Nathan Yaffe.

The event will start on Thursday, 17 September, at 3 pm. The event will take place at 245 Sullivan St., Furman Hall, Pollack Room, 10012 NY.

For the conference program click here

To RSVP (required), please send an email to: cassy.rodriguez@nyu.edu

Professor Franco Ferrari and former Vice-President of the ICJ, Ambassador Bernardo Sepulveda Amor, to discuss the usefulness of investment arbitration for companies investing in Mexico

 

On 10 June 2015, Professor Franco Ferrari, the Director of the Center for Transnational Litigation, Arbitration and Commercial Law, and the former Vice-President of the International Court of Justice, Ambassador Ambassador Bernardo Sepulveda Amor, formerly Ambassador to the United States of America and to the United Kingdom and Secretary of Foreign Affairs of Mexico, will discuss the positive effects of investment arbitration on the development of projects in Mexico by foreign companies. Please click here for the official program.

 

Conference on Teaching Transnational Business Law and Arbitration June 4th-5th

The Center for Transnational Litigation, Arbitration, and Commercial Law and  the Office of Global Programs will host a two day conference on Teaching Transnational Business Law and Arbitration. On Thursday, June 4th the Center will host “Teaching International Commercial Arbitration Globally.” On Friday, June 5th the Office of Global Programs will host “Teaching International Business Transactions Globally.”

 

Teaching Transnational Business Law and Arbitration

June 4-5, 2015 from 9:00 a.m. – 6:00 p.m.

The Lester Pollack Colloquium Room

245 Sullivan Street, 9th Floor

New York, NY 10012

April 2015 Session of the Arbitration Forum: Legitimacy of transnational commercial arbitration

The Center will host the April 2015 session of the Arbitration Forum entitled “Legitimacy of transnational commercial arbitration,” on Monday, April 27th, 2015, from 6.00 – 8.00 pm, in the Lester Pollack Colloquium Room, Furman Hall 900 (245 Sullivan Street, New York, NY 10012).

The event will be moderated by the Center’s Executive Director, Franco Ferrari. Our distinguished speakers include  Diego P. Fernández Arroyo, Professor at the Sciences Po Law School in Paris, Global Professor at the NYU Paris Campus and Secretary-General of the International Academy of Comparative Law; Harold Hongju Koh, Sterling Professor of International Law at Yale Law School; Timothy G. Nelson, Partner at Skadden, Arps, Slate, Meagher & Flom LLP; and Edna Sussman, independent arbitrator and mediator and the Distinguished ADR Practitioner in Residence at Fordham University School of Law.

Please note that all discussions taking place during the Forum are subject to the Chatham House Rule.

March 2015 session of the Arbitration Forum “Public Purpose in International Law: Rethinking Regulatory Sovereignty in the Global Era”

The Center will host the March 2015 session of the Arbitration Forum, entitled “Public Purpose in International Law: Rethinking Regulatory Sovereignty in the Global Era.” The event will take place on Monday, March 23rd, 2015, from 6.00 – 8.00 pm, in the Lester Pollack Colloquium Room, Furman Hall 900 (245 Sullivan Street, New York, NY 10012).

The event will be moderated by the Center’s Executive Director, Franco Ferrari. Our distinguished speakers include Jack Coe, Jr., Faculty Director of Pepperdine’s LL.M in International Commercial Arbitration; Harold Hongju Koh,  Sterling Professor of International Law at Yale Law School; Pedro J. Martinez-Fraga, partner in Bryan Cave LLP’s International Arbitration and Litigation Practice Group; and C. Ryan Reetz, co-founder and office managing partner of the Miami, Florida office of Bryan Cave LLP.

On that occasion, the book just published by Cambridge University Press, co-authored by Mr. Pedro Martinez-Fraga and Mr. Ryan Reetz, with the same title will be discussed.

Since seating is limited, please rsvp by March 20th, 2015, by sending an email to cassy.rodriguez@nyu.edu.

Please note that the session will be videotaped.

February 2015 session of the Arbirtration Forum: Iura novit arbiter

The Center will host the February 2015 session of the Arbitration Forum, entitled “Iura novit arbiter” on Monday, February 23, 2015 from 6:00-8:00 p.m. in the Lester Pollack Colloquium Room, Furman Hall 900 (245 Sullivan Street, New York, NY 10012).

The event will be moderated by the Center’s Executive Director, Franco Ferrari. Our distinguished speakers include Mr. Christian Leathley, partner in the international arbitration group of Herbert Smith Freehills LLP; Mr. Christian P. Alberti, AVP/Director of the International Centre for Dispute Resolution (ICDR), the international division of the American Arbitration Association (AAA); and Mr. John Fellas, partner in the New York office of Hughes Hubbard & Reed LLP,  and co-chair of the Arbitration Practice and co-chair of the International Practice of that firm.

Please note that all discussions taking place during the Forum are subject to the Chatham House Rule.

Center to co-host two-day arbitration conference in the Dominican Republic

The Center is co-hosting a two-day conference entitled “Convergence and Divergence of Investment and International Commercial Arbitration” to take place on Nov. 19th and 20th in Santo Domingo. During this conference, some of the foremost arbitration practitioners and scholars will look into whether there is cross-fertilization between international commercial arbitration and investment arbitration. What the speakers want to do, with the help of the audience, which will be allowed to ask questions after the various sessions, is to determine whether international commercial arbitration and investment arbitration are necessarily to be considered so different that they cannot influence each other.

 

For the conference program please click here

The Center for Transnational Litigation and Commercial Law aims at the advancement of the study and practice of international business transactions and the way to solve related disputes either through litigation or arbitration. As commercial transactions become increasingly international, it is vital to the legal and business communities to understand and analyze the practices and legal principles that govern relationships between firms and between firms and consumers in the international arena