2001 Co-chairs Chuck Beach and John Beechly

THE 12th ANNUAL MEETING, WORKSHOP AND FORUM

The Workshop: Arbitrating With Sovereigns
Over 240 members, faculty and other registrants from over 40 countries and 12 US states attended the 12th Annual Workshop on June 21, 2001 in Dallas. Led by co-chairs Charles A. Beach of ExxonMobil in Dallas and John Beechey of Clifford Chance in London, this year's program examined procedures and issues commonly encountered in international arbitration, and special procedures and issues which may arise when arbitrating investment disputes with sovereigns.

As in prior Workshops, the program was presented by an international cast in both dramatic and scholarly form, by combining mock scenes with expert commentaries on the issues dramatically portrayed. The mock scene actors and the commentators again included many of the leading arbitrators in the world.

The mock this year was presented in five scenes, including strategy meetings, hearings and deliberations. The proceedings were conducted under the rules of the International Centre for the Settlement of Investment Disputes (ICSID). Among the procedural, substantive and strategic issues addressed – both in the dramatic presentation and in the scholarly commentaries after each scene – were the standing of potential parties to the arbitration, forum selection, jurisdiction, governing law, arbitrability of particular issues, public policy and the effect of related proceedings in local courts.

Prof. Michael Reisman

The stage for the mock was set this year by a new feature. The morning began with the presentation of a paper on this year's theme by Prof. Michael Reisman of Yale Law School, which was followed by commentaries on Prof. Reisman's presentation from civil and common law perspectives by Emmanuel Gaillard, of Sherman and Sterling in Paris, and Sir Franklin Berman, formerly the principal legal advisor to the British Foreign Office and currently with Essex Court Chambers in London. In his paper, entitled "International Arbitration and Sovereignty", Prof. Reisman traced the evolving role and forms of commercial arbitration in the past century as governments and foreign private investors became increasingly interdependent, and the impact of this growing economic interdependence on governmental claims to sovereign immunities and exceptions concerning arbitration proceedings. Prof. Reisman and Mr. Gaillard are members of the ITA Academic Council.

Robert Briner

Between the morning and afternoon sessions, participants enjoyed a luncheon presentation by Robert Briner, President of the International Court of Arbitration of the International Chamber of Commerce and former President of the International Court of Justice. Mr. Briner is currently also of counsel with Lenz & Staehelin in Geneva. Mr. Briner also served as mock tribunal chair during the Workshop, sharing the bench on the mock panel with Prof. Reisman and Gerald Aksen, of Thelin, Reed & Priest in New York.

Donald Francis Donovan

Annual Advisory Board Dinner
The Workshop was, as usual, followed in the evening by the annual reception and dinner meeting of the ITA Advisory Board. Over 75 members and faculty combined business with pleasure with ITA Chair Donald Francis Donovan presiding over the dinner festivities.

Prof. Roger Alford, Jill and Ed Lynch

A highlight of the event was the announcement of a new venture by ITA, in collaboration with the Permanent Court of Arbitration and Kluwer Law Publishing: co-sponsorship of InternationalADR.com, a comprehensive international resource on the Interrnet for arbitrators and arbitration practitioners.

Dana Freyer and Abby Cohen Smutney

ITA, led by General Editor Prof. Roger Alford of Pepperdine Law School, is assembling a body of country and institutional reporters to provide timely and accurate reports on new laws, cases and other developments in the field of arbitration from ultimately every country and pertinent arbitral institution. We will report more on the new website and Board of Reporters soon.

Stephen Wallace, Pat Murphy and Chuck Beach

The Forum
The following morning, over 60 members of the Advisory Board and Workshop faculty participated in the now-traditional "morning after" ITA forum. Participants shared an open discussion among experienced practitioners from many countries on issues of concern in their practice and in the field generally.

This year's two sessions were moderated by Robert Briner, Prof. Jack Coe, Judith Gill and Joe Neuhaus.