The Dispute Appointment Service (DAS) Convention has been designed to gather members of the judiciary, together with a distinguished group of ADR experts, to engage in a high-level discussion of selected topics in the areas of arbitration, mediation and construction adjudication.
Kindly hosted by Clifford Chance LLP, the seventh annual Convention, aims to provide ADR practitioners with a forum to address and discuss practical issues associated with the role performed by dispute resolution professionals.
This year's theme is “Alternative Dispute Resolution and the State”.
*Please note that this programme may be subject to change
09.00 - 09.30 Registration followed by tea and coffee
09.30 - 09.40 Introductory remarks by Audley Sheppard QC FCIArb, Clifford Chance (venue host)
Welcome address by Anthony Abrahams MCIArb, CIArb Director General
09.40 - 10.10 Keynote address by The Rt. Hon. Lord Neuberger of Abbotsbury
10.10 - 11.10 First panel session (Constructive Disputes: Ameliorating Alternative Dispute Resolution Procedures in the UK)
* Panel Chair/member of panel - Nicholas Gould FCIArb, Fenwick Elliott (FIDIC claims, Dispute Avoidance and Adjudication Board and arbitration process or Dispute Boards and the CIArb DB Rules)
* Panellist - Philip Harris FCIArb, Wright Hassall (Adjudication “made in Britain”)
* Panellist - Andrew Aglionby FCIArb, Arbitration Chambers (Expert-witnesses and documents-only procedure)
* Panellist - Ned Beale FCIArb, Trowers & Hamlins (Financial Tribunal Scheme – bridging the access to justice gap in banking disputes)
* Panellist - Paul Rose C.Arb FCIArb, ArbDB Chambers and Chair of CIArb London Branch (Pubs Code Adjudicator - statutory arbitration)
11.10 - 11.25 Morning coffee
11.25 - 12.25 Second panel session (Disputes that cross borders - international investment, trade and shipping. Where public meets private)
* Panel Chair/member of panel - Sarah Vasani, Addleshaw Goddard (ISDS Mediation and Conciliation: An elegant solution or mere distraction)
* Panellist - Ben Beaumont C.Arb FCIArb, Garden Court Chambers (UNCITRAL arbitration expedited rules: An opportunity or the end of arbitration?)
* Panellist - James Clanchy FCIArb, Independent Arbitrator (London maritime arbitration as a transnational regulator)
* Panellist - Alexis Foucard, Clifford Chance (The growing importance of anti-corruption compliance standards in international arbitration)
* Panellist - Professor Catharine Titi FCIArb, French National Centre for Scientific Research (CNRS)–CERSA, University Paris II Panthéon-Assas (Mediation, Conciliation, and the Settlement of Investment Disputes)
12.25 - 13.40 Lunch
13.40 - 14.40 Third panel session (Alternative Dispute Resolution and the matters of global importance: Sovereign immunity, climate change and security of critical infrastructure)
* Panel Chair - Jessica Gladstone FCIArb, Clifford Chance
* Panellist - Dr Lucas Bastin, Essex Court Chambers (Issues of sovereign immunity and enforcement)
* Panellist - Dr Emilia Onyema FCIArb, SOAS University of London (ADR, the state and consent)
* Panellist - Anthony Albertini, Clyde & Co (ADR and its pivotal role in ensuring critical infrastructure development)
* Panellist - Emily Hay, Hanotiau & van den Berg (Security of critical infrastructure in the digital age)
* Panellist - Marion Smith QC FCIArb, 39 Essex Chambers (Energy arbitration in the era of extinction rebellion)
14.40 - 14.55 Afternoon break
14.55 - 16.00 Session discussion and Q&A with representatives of CIArb (an opportunity to discuss new schemes, shadowing opportunities, and commitments to diversity and inclusion)
14.55 - 15:30 Part I: General Discussion
* Panel Chair/member of panel - Kim Franklin QC C.Arb FCIArb, Crown Office Chambers
* Panellist - Anthony Abrahams MCIArb, Chartered Institute of Arbitrators
* Panellist - Donny Mackinnon C.Arb FCIArb, Mackinnon Consult and Chair of CIArb Scotland Branch
* Panellist - Gill Mansfield FCIArb, International Commercial Mediator
* Panellist - Philip Digby FCIArb, Arbitrator
15.30 - 16.00 Part II: Business Arbitration Scheme
* Panel Chair/member of panel – Daniel Djanogly, C.Arb FCIArb, CVR Global LLP
* Panellist - Paul Rose C.Arb FCIArb, ArbDB Chambers and Chair of CIArb London Branch
* Panellist - Tom Cadman ACIArb, Chartered Institute of Arbitrators
* Panellist - Mohammed Haque FCIArb, Thomas Sands Consulting Ltd
* Panellist - Kemi Ojutiku FCIArb, 5 Pump Court
16.00 - 16.15 Closing remarks by Anthony Abrahams MCIArb, CIArb Director General
16.15 End of meeting followed by networking drinks reception*
*During the reception, CIArb will be presenting the President Prize(s), Student of the Year Award and Fellows’ Graduation Ceremony.
Anthony Abrahams TD DL MBA MCIArb joined the Chartered Institute of Arbitrators as its Director General, on 10 April 2012. He is responsible for developing and implementing the Board of Trustees’ strategy to promote the Institute’s vision across the globe.
Qualified as a solicitor and specialising in civil litigation, Anthony has considerable hands-on experience in Legal Practice Management, which he has reinforced academically by gaining an MBA with distinction from Nottingham Law School. Anthony also sits as a Deputy District Judge.
Anthony’s legal background has been complemented and enhanced with leadership and organisational skills acquired in the Territorial Army where he attained the rank of Colonel.
Anthony was mobilised in 2006 to undertake an operational tour in Iraq. While there, he worked to improve, and developed a passion for, the rule of law and also dealt with human rights issues. For his work in Iraq, Anthony was awarded the Bronze Star by the United States.
Anthony is involved with a number of military charities caring for the needs of service personnel and their families, as well as local and national charities.
Married with three children and three grandchildren, Anthony enjoys, or suffers, supporting Northampton Saints with his family and has recently taken up sailing.
Anthony specialises in the avoidance and resolution of construction and infrastructure disputes. His practice includes UK and international arbitration proceedings, court actions, expert determinations, dispute boards and adjudications. He also advises on various methods of alternative dispute resolution, including mediation. He is familiar with a wide variety of construction contracts, including the JCT, NEC, IChemE and FIDIC forms. His experience includes cases in Europe, Africa and the Middle East and Central Asia. He sits on the Committee of the Technology and Construction Solicitors' Association, and is a member of its Adjudication Subcommittee. He is a member of the Adjudication Society, the UK Society of Construction Law, and the Dispute Resolution Board Foundation. He has spoken around the world on construction law topics, and has provided training internationally on construction contracts and dispute resolution.
Anthony is recognised as a leading construction lawyer in the Legal 500 and Who's Who Legal.Find out more here
Lucas has a versatile practice across an array of practices areas, albeit with most of his work relating to his expertise in public international law, international arbitration and commercial litigation relating thereto. As part of that versatility, Lucas has:
- Acted and/or advised in matters before all levels of English courts, typically with a focus on questions of sovereign immunity arising in the context of enforcement of arbitration awards against foreign sovereigns, but also in proceedings enforcing awards not involving sovereigns (see ss. 67-69 of the Arbitration Act) and/or seeking orders in aid of or related to ongoing or soon-to-be-commenced arbitrations (e.g., anti-suit injunctions, disclosure of documents or other information, and declaratory relief).
- Acted and/or advised in more than 60 investment treaty arbitrations, brought across many sectors and pursuant to a wide array of bilateral and multilateral investment treaties, with experience of all the major arbitration rules (including ICSID, SCC, SIAC, LCIA, ICC, UNCITRAL and ad hoc rules).
- Acted and/or advised in more than 20 commercial arbitrations, across a wide array of sectors, mostly applying English law, but covering a variety of foreign laws as the applicable law.
- Advised States, non-governmental organisations, private commercial entities and private individuals on a diversity of public international law issues, including State responsibility, State and head of State immunity, treaty interpretation, extradition, WTO law (including live and high profile disputes before the Dispute Settlement Body), ECHR law, EU and UN sanctions, and Interpol Red Notices.
Ned Beale is a partner in the London office of Trowers & Hamlins, a 150 partner firm headquartered in London with 10 offices in the UK, the Middle East and Malaysia.
He specializes complex, high value and high profile commercial disputes. In 2019 he was named the UK's Litigator of the Year at Legal Week's Litigation & Arbitration Awards, for cases in international arbitration and in the Supreme Court.
Ned handles the full range of commercial disputes. They include contractual claims, shareholder and partnership disputes, warranty, earn-out and other corporate claims, banking litigation, aviation disputes for both airlines and lessors, and disputes in the manufacturing, engineering and TMT sectors typically with heavy technical aspects. Much of his work has an international dimension.
Ned leads Trowers' international arbitration team. He regularly appears in international arbitration, including before ICC, LCIA, UNCITRAL and ad hoc tribunals. Personal recommendations include The Legal 500 for International Arbitration: “fights extremely hard” (2017), "focused on solutions" (2018) and "fantastic" (2019).
Ned is a Fellow (FCIArb) of the Chartered Institute of Arbitrators and a member of the LCIA and the CEDR Commercial Arbitrators panel.
Ned writes for The Guardian and The Times newspapers on legal topics. He has a long-standing interest in access to justice and consumer protection.Find out more here
Ben Beaumont is a Barrister; a Chartered Arbitrator; Fellow of Chartered Institute of Arbitrators; Fellow of Royal Institution of Chartered Surveyors; Member of CIArb Panel of Arbitrators, adjudicators; a trained Mediator – CEDR; formerly Non executive Director of RIBA Enterprises; Co-founder of https://www.idr.solutions (an international group of renowned idr specialists); www.tecbar.org Arbitrator, Adjudicator and Dispute Board Panelist of TECBAR, Adjudicator; FIDIC listed Adjudicator; Past Chairman of Arbitration Club; Accredited Dispute Board Trainer – Past Chair of the Adjudication Society.
He is an author and co-author of various books on dispute resolution. He is a speaker on all aspects of Dispute resolution.
He is the Founding Chairman of FICACIC www.ficacic.com (an international alternative dispute resolution body), an Observer at UNCITRAL since 2002. Co-drafter of various standard form contracts for the International Trade Centre since 2001. He was a Trustee of the Chartered Institute of Arbitrators from 1982 - 1998. He was a former member of the Membership and subsequently Education and Training committee (CIArb), Chairman of the Public Relations Committee (CIArb) and Member of Executive Committee (CIArb), and also a member of various ad hoc committees.
He was an original Member of Arthur Marriott Working Group leading to the creation of Arbitration Act 1996.
Tom is responsible for advising the Boards of Trustees and Management on compliance with the CIArb Constitution and other regulatory requirements; advising the PCC and PMG; advising members when acting as dispute resolvers; and the provision of legal advice in-house to the CIArb.
Previously Tom was a partner in a firm where he specialised in advising charities (mainly in the religious and education sectors) on governance issues. Outside of work, Tom is an international in the sport of fencing.
James Clanchy is an arbitrator in independent practice (www.jamesclanchy.com) and works part-time for LexisNexis UK on Lexis®PSL Arbitration, a web-based practical guidance service. He is an associate member of 6 Pump Court chambers.
James is a solicitor in England & Wales (admitted 1990, non-practising since 2019) and was an avocat at the Paris bar from 1994 to 2008. He spent 20 years as a commercial disputes lawyer In London and Paris, with Withers, Holman Fenwick Willan, and Stephenson Harwood, specialising in shipping, oil and gas, and international trade.
He was Registrar and Deputy Director General of the London Court of International Arbitration (LCIA) for four years (2008 to 2012).
His experience extends to investment treaty arbitrations: He was senior legal advisor at Thomas Miller Legal (2012 to 2014), assessing and monitoring cases for after the event (ATE) insurers and third-party funders.
James is a Fellow of the Chartered Institute of Arbitrators (FCIArb) and an Aspiring Full Member of the London Maritime Arbitrators Association (LMAA).
Philip is a Fellow of the Chartered Institute of Arbitrators. He qualified in Domestic Arbitration during late 2017. He is a Chartered Surveyor with 25 years work since qualification in the areas of Landlord and Tenant Advisory and in Property Valuation Services.
Alexis Foucard is a senior associate in Clifford Chance's Paris office. He joined the firm in 2018. His practice focuses on international commercial arbitration, investment arbitration, and cross-border litigation. Prior to joining Clifford Chance, Alexis worked for five years at a large U.S. firm devoted solely to business litigation. Alexis has experience in all aspects of international arbitration under the rules of the major arbitration centres worldwide (ICC, LCIA, ICSID, PCA, etc.). His experience also covers numerous governing laws and seats of arbitration and encompasses a range of dispute types and business sectors such as aviation, construction, energy, financial services, hospitality, telecommunications, post-acquisition, and general commercial disputes.
Alexis is a lecturer at the Institute of Political Studies of Paris (Sciences Po Law School) where he teaches 'International Arbitration Practice in Perspective: History, Sociology, and Legal Theory' since 2016, and a visiting professor of international commercial arbitration at the universities of Paris XII (since 2015), Montpellier (since 2016), Aix-en-Provence (since 2018) and Queen Mary (since 2019). Alexis is also a regular speaker at arbitration conferences and he has published several journal articles on subjects of international arbitration. Alexis is a co-author of the report on 'Arbitrator's Liability' published in June 2017 by the leading French legal think tank, the Club des Juristes.
Admitted in 2013 to both the New York State Bar and the Paris Bar, Alexis is a graduate of Columbia Law School (LL.M., 2011) and Sciences Po - University of Paris I Panthéon-Sorbonne (Master in Global Business Law - Magister Degree in Business Law, 2009). Alexis is a member of the Comité Français de l'Arbitrage (CFA) and CFA-40, as well as the Association Française d'Arbitrage (AFA). He speaks French, English, German, and Spanish.Find out more here
Jessica Gladstone is a partner and solicitor-advocate at Clifford Chance. She has extensive experience in commercial and investment treaty arbitration, complex litigation and inter-state disputes. She also advises on a wide range of public international law issues, such as immunities, investment protection, treaties, sanctions and international trade.
Jessica is a Fellow of CIArb, a lecturer in international commercial arbitration at King's College London, and also sits as an arbitrator. She is commended as an "outstanding" practitioner (Chambers UK) and is widely recognised as a “rising star” (Legal Week) and “future leader” (Who’s Who in Arbitration). She was named among The Lawyer's "Hot 100" last year.Find out more here
Nicholas Gould is a partner in the specialist construction, engineering and energy lawyers Fenwick Elliott LLP, where he conducts a mix of international dispute resolution and non-contentious work. He is a dual qualified solicitor-advocate and chartered surveyor. He acts for contractors, employers and governments in the building, construction, engineering, infrastructure, transport, energy, oil and gas, and process engineering sectors. Dispute resolution experience spans litigation, arbitration (domestic and international), adjudication, DAB/DRB, mediation, early neutral evaluation and expert determination. He regularly acts as lead mediator in multi-party multi million disputes. Nicholas is a FIDIC certified adjudicator and sits on international dispute boards and as arbitrator. Currently he chairs the 5 member panel of adjudicators for CERN’s expansion programme and is a DAB member at the ITERFusion for Energy project in France.
Nicholas is a Vice President of the ICC’s Arbitration Commission and Visiting Professor at King’s College London. He is past Chairman of the Society of Construction Law, and the DRBF. He has published widely in the area of construction law and dispute resolution. The IBA’s 2008 & 2013 edition of International Who’s Who of Business Lawyers Today, listed Nicholas as one of the “ten most highly regarded individuals internationally for construction law” and the IBA’s Who’s Who Legal 2015 listed Nicholas in the top five in Europe.
Mohammed is a dual qualified legal/quantum professional. He focuses on resolution or avoidance of commercial disputes. Mohammed, a Barrister of the Honourable Society of the Inner Temple (1997), is also a Corporate Member of the CICES Surveyors. Mohammed has more than 25 years of experience in International Arbitration (ICSID, ICC, UNCITRAL, LCIA) and Construction Adjudication. Legal Asia 500 recognised Mohammed as the No.1 Property and Construction lawyer for five consecutive years for his works in Asia. Mohammed represented major corporations and government-owned enterprises in large and complex disputes.
He is currently Chair of CIArb's Thames Valley Branch.
Philip Harris FCIArb is an Arbitrator, Adjudicator and Mediator, as well as a practising solicitor.
He undertakes resolution of all commercial disputes but specialises in Construction and Engineering.
He is a Faculty Member of the CIArb. As an Adjudicator, he is on 5 national panels in the UK. As an Arbitrator he undertakes arbitrations in the UK and internationally.
He is a CEDR accredited mediator. He has 34 years’ experience of dispute resolution.Find out more here
Emily is a dual Australian and Belgian national, who has been with Hanotiau & van den Berg since 2014. She acts as counsel, tribunal secretary and assistant to the tribunal in international commercial and investment arbitrations, both ad hoc and under all major institutional rules. Emily is also involved in court litigation related to the set-aside and enforcement of arbitral awards in Belgium and the Netherlands. Other than international arbitration, Emily also gives advice on data protection and its application to new technology, including under the EU General Data Protection Regulation. She is a rapporteur to the ICCA-IBA Joint Task Force on Data Protection in International Arbitration Proceedings.
Before joining Hanotiau & van den Berg, Emily advised on issues of public international law, data protection and privacy at an international law firm in Brussels. She also spent two years in Egypt providing legal aid to refugees and asylum seekers, and has undertaken internships with Human Rights Watch and the United Nations High Commissioner for Refugees.
In 2012 Emily obtained her LLM in Advanced Studies in Public International Law (cum laude) from Leiden University. She completed a Bachelors of Arts and of Laws (First Class Honours) at Macquarie University in 2008. Ms. Hay was admitted in the Supreme Court of New South Wales in 2013, and is registered to practice in both New South Wales and Brussels (B-list). Ms. Hay speaks English, French and Spanish.Find out more here
Donny is an experienced and multi-disciplined construction professional: A Chartered Construction Manager, a Chartered Quantity Surveyor and a Chartered Arbitrator (qualified in both domestic and international commercial arbitration). He sits as a construction industry arbitrator and adjudicator and is CIOB Accredited in Adjudication. He is a Member of The Academy of Experts and acts as independent expert. He is Chairman of the CIArb Scottish Branch and is listed on the CIArb Approved Faculty List for tutoring and examining on the CIArb Diploma (all modules for International Arbitration, domestic Arbitration and modules 1 to 3 for Construction Adjudication).
Donny started his career in the construction and engineering industry at the bottom of the food chain (on the right-end of a shovel). He progressed through work in site engineering and management for main contractors, sub-contractors and employer organisations on projects ranging from football stadia to wind tunnels, process-industry factories to bridges, and from marine piling projects to high-rise hotels (and with many others in-between).
In 2001, Donny moved into consulting, initially with a large international construction consulting practice before becoming independent in 2007. He specialises, through his experience as a Chartered Construction Manager, in process and planning (including delay analysis and productivity disruption) and in standards of work and defects and, through his experience as a Chartered Quantity Surveyor, in quantum (measurement and valuation) on construction and engineering projects.
Donny has conducted over 100 construction adjudications and many arbitrations. He is a member of the Dispute Resolution Board Federation.
Donny’s independent expert work covers valuation, delay analysis, calculating disruption/lost labour productivity, and standards of workmanship.
Kemi was called to the Bar of England and Wales in 1994 and has practised as a barrister for over 25 years, specialising in Family and Public law.
She also participates in the training of Bar students in some of their practical exercises and on the topic of Ethics and Civil law at the College of Law.
Kemi was appointed as a Fellow of the Chartered Institute of Arbitrators in 2016 and is rapidly expanding her Arbitration practice. She is on the London Court of International Arbitration (LCIA) panel.
Kemi was appointed to the CIArb’s BAS panel in September 2019.
Audley Sheppard QC is the global co-head of Clifford Chance's International Arbitration Group and specialises in the resolution of major disputes arising out of international investment and trade, including energy and infrastructure projects and bilateral investment treaty claims. He also regularly sits as an arbitrator.
Audley is Chair of the LCIA Board, a former member of the ICC Court (2008 – 2012) and a Visiting Professor at the School of International Arbitration, Queen Mary University of London.Find out more here
Marion Smith QC (39 Essex Chambers) has extensive experience in representing and advising clients, in Europe and the ASEAN region, in a broad range of commercial and construction matters. She undertakes advocacy in courts, and arbitration of all kinds including under ICC and LCIA Rules. She sits as an arbitrator, adjudicator and expert. She is Deputy Chair of CIArb’s Trustee Board, lectures at Queen Mary University of London and is a contributing author to Global Arbitration Review’s “The Guide to Construction Arbitration” 3rd edition (2019).
She is consistently ranked in the leading legal directories, and described in one this year as “Technically superb, great at very complex matters and very personable.”
Catharine Titi, Dr. iur., FCIArb, is a Research Associate Professor (tenured) at the French National Centre for Scientific Research (CNRS) – CERSA, University Paris II Panthéon-Assas, France. She is Co-Chair of the ESIL Interest Group on International Economic Law; Member of the Steering Committee of the Academic Forum on ISDS; Member of the International Law Association (ILA) Committee on Rule of Law and International Investment Law; and she sits on the Editorial Board of the Yearbook on International Investment Law & Policy (Columbia/OUP). She co-directs the research project 'The impact of international investment agreements on FDI flows' funded by the French Ministry of Justice (2017-2019). Catharine holds a PhD from the University of Siegen in Germany (Summa cum laude), and has previously been a consultant at the United Nations Conference on Trade and Development (UNCTAD). In 2016, Catharine was awarded the prestigious Smit-Lowenfeld Prize of the International Arbitration Club of New York for the best article published in the field of international arbitration.Find out more here
Sarah Vasani leads Addleshaw Goddard’s Investor-State Dispute Resolution Practice. She is an experienced international arbitration lawyer specialising in both international commercial arbitration and investor state disputes. She is commended for providing “excellent client service” and has been described by her clients as a “strategic, energetic, tenacious and an incredibly capable counsellor and advocate”. Who’s Who Legal and Global Arbitration Review recognised Sarah in 2017, 2018 and 2019 as a “Future Leader in International Arbitration”. WWL noted that Sarah “ranks prominently for her ‘energy, enthusiasm and strong background in treaty claims’ and is commended by peers who note, ‘She goes from strength to strength.” WWL described her as “a ‘persuasive and effective counsel’ who possesses particularly commendable expertise in energy”.
Most recently, WWL recognised Sarah as “a skilled advocate with a thorough knowledge of public international law” who is “a smart and dedicated lawyer” boasting “a truly impressive roster of clients.” Sarah was also recognised in The Legal 500’s inaugural International Arbitration Powerlist in 2019. Sarah represents clients before all key arbitral institutions, and in arbitrations conducted under the UNCITRAL Rules, and under foreign investment laws. In addition to advocating for her clients’ interests before international tribunals, Sarah advises clients on investment (re)structuring, and on strategies, options, and tactics for minimising the prospects of full-blown disputes. Sarah is an adroit counsellor on managing and sharing the risks of arbitration through third-party funding, ATE insurance, and conditional-fee and damages-based agreements. She also sits as arbitrator. Sarah has particular experience in energy, oil and gas, mining, and other large scale project disputes in Africa, the Middle East, Central Asia, the Indian Subcontinent, and Latin America. She has represented clients such as Exterran, Chevron, ConocoPhillips, Sempra Energy, Murphy Oil Corporation, and Reliance. Sarah is qualified in England & Wales, the District of Columbia, and Texas, and is a Solicitor-Advocate of the Higher Courts of England and Wales.Find out more here