Katalin Meier (VISCHER Ltd., Switzerland) will be acting as Lead Research Attorney at the program “International Arbitration 2019: A New Era for California, Your Clients and You” by Thomson Reuters (The Rutter Group) held in San Francisco, 5 June 2019 and Los Angeles, 13 June 2019.
As of January 1st, newly-enacted SB 766 explicitly allows non-U.S. or out-of-state attorneys licensed in their home jurisdictions to appear in a California international commercial arbitration proceeding. The distinguished panel of arbitrators and practitioners will explain what has changed in California and the difference in an arbitration when it is international.
The L.A. Grand Hotel Downtown
333 S. Figueroa Street
THE NEW ERA IN CALIFORNIA INTERNATIONAL ARBITRATION
- SB 766 – New opportunities for lawyers, arbitrators and parties
- The law applicable to international arbitration in California
- Which law to apply?
- The New York and Panama Conventions
- The new Singapore Convention (pending adoption)
CLAUSE DRAFTING CONSIDERATIONS – NEW LEVERAGE FOR CALIFORNIA CLIENTS
- Which elements are essential and which are recommended?
- Choosing arbitration institutions (and Rules)
- The arbitral tribunal’s “Kompetenz-Kompetenz”
- How to opt out from the state judicial system
- Step clauses – negotiation, mediation and arbitration
APPLICATION OF CALIFORNIA LAW TO CONTRACTS
- Choice of law
- Contract formation and interpretation
- Capacity and competence issues
- Contract breach and damages
- Ancillary claims (tort, statutory)
SELECTION OF ARBITRATORS
- Strategies that work
- Resources: how to find the perfect candidate
- How much will it cost?
- Neutrality and transparency
- Challenges to arbitrators and replacement of arbitrators
- Who decides (delegation provisions)?
- Scope of arbitration
- Non-signatories/proper parties
- Gateway issues
- Set-offs and counterclaims
- Res judicata
ENFORCEMENT OF ARBITRATION AGREEMENTS
- Federal law requirements
- State law requirements
- General principles
- Types of proceedings
- Emergency and preliminary relief
- “Terms of Reference”
- Information exchange
- Dispositive motions
ENFORCEMENT OF ARBITRAL AWARDS
- The New York Convention
- Grounds for challenge
- Interplay between State and Federal law