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For driving directions to King Hall, see here.
Interest in using alternative dispute resolution
(ADR) has rapidly increased in recent years. ADR processes such as mediation and arbitration have
been used in private contexts, both domestic and international, to resolve disputes between parties to a transaction. It is increasingly the method of choice in resolving disputes involving public entities as
well, as exemplified in the explosion of investor-State cases at the International Centre for Settlement of Investment Disputes (ICSID). Through a number of panel discussions, the 2009 Symposium will explore
the current state of ADR usage in a variety of settings,
and explore directions it should take in the future.
ICSID Revisited: Evaluating the Effectiveness of the 2006 Amendments to the ICSID Arbitration Rules
The number of investor-state disputes handled by ICSID has significantly increased in recent years. Partly as a response to this dramatic increase in its caseload, ICSID implemented a number of changes to its arbitration rules. These reforms, which went into effect in 2006, addressed some of the criticisms that have been leveled at ICSID arbitrations, such as the lack of transparency in disputes and the need for a more efficient and streamlined process. The panel will include discussions by scholars, practitioners, and ICSID representatives as to whether these amendments effectively deal with the criticism and shortcomings of ICSID.
In 1997, David Lipsky, director of the Institute on Conflict
Resolution at Cornell University, and Ronald Seeber, associate dean of the Cornell’s School of Industrial and
Labor Relations published their seminal study, “The
Use of ADR in U.S. corporations,” which examined
the extent to which ADR was used by Fortune 1,000
Companies.
It found that, despite some hesitation, corporate
America had begun to embrace ADR as an appropriate
means of conflict resolution. The second panel of the
Symposium seeks to examine how ADR has evolved
within corporate America, and where it is heading in the
future.
Lessons from International and Domestic Conflict Resolution:
The New Face of International Arbitration
he final panel discussion will focus on the future of international arbitration in both the investor-State and private commercial contexts. The panelists will explore the issues and challenges faced by those attempting to design optimal systems of dispute resolution.
SCHEDULE:
MCLE Sign-in and Coffee
9:00 am Welcome and Introduction
9:15 am
, Professor of Law, Pepperdine University
9:45 am
,
C. William Maxeiner Distinguished Professor of Law,
UC Berkeley School of Law
,
General Counsel and Director of the Trade Law Bureau,
Canada Department of Foreign Affairs and International Trade
, Senior Counsel, International Centre for Settlement of Investment
Disputes
11:00 am Break
11:15 am
,
Co-Author of Emerging Systems for Managing Workplace
Conflict: Lessons form
American Corporations for Managers
and Dispute Resolution Professional
12:15 pm Lunch
1:45 pm
,
Henry J. Braker Professor of Commercial Law,
The Fletcher School, Tufts
University
,
Associate Professor of Law, Washington and Lee University
,
Professor of Law, UC Davis School of Law
3:15 pm
, Henry J. Braker Professor of Commercial Law, The Fletcher School, Tufts
University
3:30 pm Reception
Format:
The Symposium will open at 9:00am for MCLE check in. The symposium will begin
with a keynote speaker. Each panel will be composed of at minimum three
presenters plus a moderator. Discussion between panelists and audience will be
encouraged with a question and answer format. The day will end with concluding
remarks, followed by a reception.
Contact/Questions:
Chanin Changtor, chanin.changtor@gmail.com
Elizabeth
St. John,
esstjohn@gmail.com
