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.

Venue:

The L.A. Grand Hotel Downtown
333 S. Figueroa Street

Highlights

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

ARBITRABILITY

  • 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

ARBITRATION PROCESS

  • General principles
  • Types of proceedings
  • Emergency and preliminary relief
  • “Terms of Reference”
  • Information exchange
  • Dispositive motions
  • Hearing
  • Award
  • Costs

ENFORCEMENT OF ARBITRAL AWARDS

  • The New York Convention
  • Grounds for challenge
  • Interplay between State and Federal law

ETHICAL CONSIDERATIONS

  • Event Details
  • Location: Los Angeles
  • Start Date: 13/06/2019 5:30 pm
  • End Date: 13/06/2019 9:15 pm
  • ArbitralWomen Participation: Katalin Meier