Litigation Section

Speakers:

• Laura Abrahamson
• Jeff Daar

From its sunlit beaches to its fog-covered hills, California hosts the world’s fifth largest economy, boasting among its accomplishments Hollywood entertainment, Silicon Valley technology, the largest shipping ports in the Americas, and a world leader in aerospace and defense, renewable energy and chemicals. With its commitment to due process, diversity, and leadership in industry, trade, and innovation, California is quickly making strides to becoming one of the leading international arbitration hubs in the United States and in the Pacific Rim. California Arbitration (“CalArb”) welcomes this opportunity to showcase the state’s leading industries at the heart of making California an international arbitration hub, including a discussion into the latest trends and developments related to entertainment, tech, shipping, renewable energy, and aerospace/defense.

Moderator: Nilufar Hossain 

Speakers:

• Ghada Audi
• Les Scheifelbein

In 2023, Mexico became the United States’ largest trading partner, with bilateral trade surpassing $780 billion annually. This significant economic relationship increases the likelihood of disputes between businesses in both countries, making arbitration a vital tool for resolving cross-border conflicts. This panel will explore the key industry, trade, and jurisdictional challenges facing arbitration advocates and counsel from both sides of the border. Panelists will also discuss the implications of constitutional changes and recent judicial reforms in Mexico, and how these shifts may push parties to ADR with US institutions to reach resolution. In-house counsel and legal experts from both countries will offer insights into best practices for navigating cross-border arbitration under these new conditions.

Moderator: Frida Paolo Altamirano Jimenez, Secretary General CAM 

Speakers: 

• Luis Asali, Partner Bufete Asali Mexico City
• Marco Molina, Partner Baker Hostetler
• Hon. Cristina Pereyra (Ret.)

Having an international proceeding implies more than facing a cultural difference between lawyers or arbitrators. Several issues need to be considered, including a foreign applicable law, how to present the case, brief the arguments, and present and prepare witnesses and experts for cross-examination. In this panel, the speakers will discuss what to do and what not to do to prepare a more compelling case.

Moderator: Yanett Quiroz

Speakers:

• Meg Utterback
• Rodrigo Zamora
• Marcus Quintanilla

Limited Capacity

Venue: Tulsi Indian Eatery

In an era of rapid technological advancement and evolving global dynamics, the landscape of intellectual property protection and dispute resolution is undergoing significant transformation. The event will launch the Annual Review on Intellectual Property Dispute Resolution in China (2025), offering an in-depth look at the latest developments and trends in IP dispute resolution in China. Following the report launch, leading experts from China and the U.S. will engage in a comprehensive discussion on critical IP issues, including licensing disputes, data grabbing, copyright challenges related to AI-generated content, etc. This event aims to offer valuable insights into how these contemporary developments are reshaping IP dispute resolution practices, equipping participants with the knowledge and strategies needed to address the complexities of intellectual property.

Welcome Address and Institutional Report. 
Speaker: Jiang Lili, Secretary General of BAC/BIAC 
Moderator: Chen Fuyong, Deputy Secretary General of BAC/BIAC 

Moderator:  Thomas Stipanowich, William H. Webster Chair in Dispute Resolution and Professor of Law at Pepperdine University

Speaker:

• Chen Fuyong, Deputy Secretary General of BAC/BIAC
• Zhang Hairuo, Managing Partner of Yuanhe & Twelve Tables
• Cedric Chao, Chao ADR, PC
• David Huebner, C.Arb, FCIArb, FCollArb

The rapid integration of artificial intelligence (AI) into creative and inventive processes is transforming intellectual property (IP) law across the globe. This panel will examine recent AI-related IP cases from the United States, Singapore, and beyond, offering a comparative analysis of how different jurisdictions are responding to the unique challenges posed by AI-generated works. Key cases to be discussed include the Zarya of the Dawn case in the US, which questioned copyright protections for AI-created artwork, and the Li v. Liu ruling from the Beijing Internet Court, where ownership of AI-generated content was contested. The panel will also dive into the globally significant DABUS case, where courts in the US, UK, and Australia ruled on whether an AI system can be recognized as an inventor. By comparing these landmark cases, the panel will explore key issues such as inventorship, copyright eligibility for AI-generated works, and the evolving standards for IP ownership in the age of AI. The discussion will also focus on how international arbitration bodies like SIAC can play a role in resolving cross-border AI-related IP disputes. Whether you are dealing with AI and IP law or looking for insights into the future of global IP frameworks, this session will offer valuable perspectives from leading jurisdictions.

Moderator: Adriana Uson, Director & Head, Americas, SIAC

Speakers:

• Prof Hiro Aragaki Dr Stanley Lai SC, Chairman of the Board, Intellectual Property Office of Singapore; Partner, Allen & Gledhill LLP 
• Chuan Wee Meng, CEO, Singapore International Mediation Centre 
• Yeong Zee Kin, CEO, Singapore Academy of Law 
• Professor Daryl Lim, H. Laddie Montague Jr. Chair in Law; Associate Dean for Research and Innovation; Founding Director, Intellectual Property Law and Innovation Initiative; Co-hire, Institute for Computational and Data Sciences and Affiliate, Center for Socially Responsible Artificial Intelligence, Penn State University 

This panel will delve into the handling of real-life disputes that have troubled the creative world of Californian and Japanese companies engaged in the gaming and entertainment industry. The panel will also examine the suitability of IP disputes for arbitration and extent of arbitrability of such disputes. Discussions will cover current and evolving practices and considerations in navigating such disputes through arbitration and/or related litigation, as well as recent legal developments in California and Japan that may impact the dispute resolution remedies of parties to such disputes. 

Moderator: Miriam Rose Ivan L. Pereira, Public Relations Officer and Advisory Board Member, Japan Commercial Arbitration Association; and Counsel, Oh-Ebashi LPC & Partners, Tokyo

Speakers:

• Daniel Allen, Partner, Mori Hamada & Matsumoto, Tokyo
• Eugene Marder, Associate General Counsel, Twitch Interactive, Inc., Los Angeles 
• Shinji Ogawa, Arbitration and Mediation Case Manager, Japan Commercial Arbitration Association, Tokyo
• Miwa Shoda, Partner and Co-Chair of the Japan Practice, Jenner & Block, Los Angeles
• Tomoki Yanagisawa, Partner, TMI Associates, Tokyo

The Olympics are coming to Los Angeles! Using the lens of disputes and controversies arising out the 2024 Paris Olympics, this program will address the unique role the Court of Arbitration for Sport plays in the Olympics and other competitions. The panel of experienced arbitrators and counsel will discuss the Court of Arbitration for Sport, the types of issues it adjudicates and the procedures for doing so, and explore how this might affect your favorite athlete. Join us to brush up on your sports arbitration knowledge, and be prepared for LA2028.

Moderator: Robby Mockler, Partner, Steptoe LLP

Speakers:

• Michael Lenard,  Vice President, ICAS International Court of Arbitration for Sport
• Maidie Oliveau, Arbitrator, ArentFox Schiff
• Maureen Weston, Professor, Pepperdine Law School 
• Howard Jacobs, Advocate

The final award is the culmination of the arbitration process.  Its preparation can be time-consuming and costly.  At the same time, it may leave one or more of the parties deeply dissatisfied, not only with the result, but with what is said and not said.  Are there ways to improve the award drafting process to make the result more satisfying for all those with a stake in the arbitration – parties, counsel, arbitrators, and institutions?  How can counsel best assist the Tribunal in drafting the award, shape the content of the award, and maximize their client’s prospects for a successful outcome?  This panel will interrogate current practices regarding international arbitration awards to see what can be jettisoned and what new approaches taken.

Moderator: Klaus Reichert

Speakers:

• Marc Goldstein
• Sally Harpole
• Barbara Reeves, JAMS
• Lawrence Schaner, FedArb

This panel will explore the complexities and strategic considerations arbitration advocates and counsel face when engaged in disputes involving parties and attorneys from different legal systems—common law, civil law, and mixed legal traditions. Panelists will discuss key issues such as differences in procedural expectations, evidence gathering, and advocacy styles, along with how these differences influence case strategy, tribunal persuasion, and award enforcement. The discussion will also address the role of cultural traditions and societal norms in shaping arbitration proceedings, offering attendees practical insights on how to successfully navigate the multifaceted challenges posed by global arbitration disputes.

Topics to be covered include:

• Diverging Legal Traditions in Arbitration
• Advocacy Styles and Expectations Across Jurisdictions
• The Role of Cultural and Social Norms in Arbitration
• Procedural and Substantive Law Conflicts
• Enforcement and Recognition of Awards Across Borders

Artificial Intelligence (A.I.) has been widely adopted by parties, counsel, institutions and arbitrators in international arbitration and mediation. Some call for all uses of A.I. to be disclosed to opposing counsel and the Tribunal – others argue for no disclosure. This panel digs deep into how practitioners are using A.I. and considers what uses are benign, what uses are improper; and what uses should be disclosed. We examine the 2024 SVAMC A.I. Guidelines on the Use of A.I. in Arbitration and guidelines issued by various administering institutions as well as the courts to consider when, how and why disclosures on A.I. should be made. Or shouldn’t be made.

Speakers:

• Svetlana Gitman, Division Vice President of Business Development and Outreach at the American Arbitration Association – International Centre for Dispute Resolution® (AAA- ICDR®)
• Benjamin Malek, Partner at T.H.E. Chambers, Member of the Board of Directors of SVAMC, and Chair of the SVAMC AI Task Force
• Sarah Reynolds
• Anibal Sabater, Partner Chaffetz Lindsay

Join this moderated discussion on the factors that corporations and transactional attorneys consider when drafting and negotiating international contracts – and both the benefits and challenges selecting California as the seat for arbitration. This conversation will provide a realistic discussion on how California can be the ideal seat and offer insights that can make the Golden State even more attractive to corporations but in the U.S. and abroad.

Speakers:

• Serena Lee, CPR Director
• Jo Levy, Norton Law
• Alex Yong Hao, JunHe 

The program will promote an exchange between the “original” Silicon Valley and China’s equivalent, the Pearl River Delta around Hong Kong and Shenzhen. The panel will not only discuss the novel challenges and chances that high-tech related arbitrations bring along, but will also allow for a discussion of ideas on how to deal with these challenges and how to best make use of the new opportunities for arbitration in the tech sector. Issues to be discussed will include crypto currency disputes, but also the implementation of AI in the practice of arbitration on that and this side of the Pacific.

The goal of this panel is to examine how various legal cultures approach and utilize advanced technology and to consider the potential implications for international arbitration as a system. Even prior to the rise of new technologies, there have been significant differences in the adoption and use of advanced tech across legal cultures that engage in transnational trade and resolve disputes through arbitration. These disparities in access, knowledge, and application present both challenges and opportunities for global arbitration practitioners and users. This panel will bring together experts from diverse legal and technological backgrounds to explore these intersections and their impact on international arbitration.

Speakers:

• Andrea Orta, Partner, Gonzalez Sicilia Abogados, S.C.
• Timonthy G. Nelson, Partner, Skadden
• Eleanor Manley, Tribes, Co-Founder Metta Space

India’s robust tech sector, along with perceived instabilities in China’s relationships with Western economies, may hold significant promise for India as the next preferred business partner among the nascent mega-economies of Asia.  But challenges will abound.  This program will focus on the Indian market and its emerging importance in the transpacific trade–and its growing relevance for arbitration practitioners oriented toward the Asia-Pacific region.  The panel will explore:

• Disputes commonly encountered among Indian businesses and their U.S. counterparts, particularly in the sectors of technology, M&A, healthcare, and energy;
• How California lawyers can optimize arbitration clauses for cross-border disputes involving Indian parties;
• Requirements that multinational companies, counsel, and institutions should consider when appointing arbitrators in India-related cases;
• Prospects for recognition and enforcement of awards in India; and
• The growing opportunities for international and cross-border work between California and the Indian Subcontinent

Moderator: 

• Vaishali Movva

Speakers: 

• Kanishk, Director of Legal, india & South Asia, Uber Technologies
• Timonthy G. Nelson, Partner, SkaddenNitesh Jain, Partenr, Trilegal
• Adriana Uson, Director & Head, Americas, SIAC 
• Shashank Garg, Secretary, Arbitration Bar of India; Standing Counsel, Government of India

In a rapidly evolving global economy, cross-border construction and energy projects in Asia and Latin America face unique challenges and complexities. This panel delves into the multifaceted issues of disruption, delay, and legal dilemmas that arise in these large-scale projects. Experts will explore the legal frameworks, dispute resolution mechanisms, and strategic approaches essential for navigating and resolving conflicts in these dynamic regions. The discussion will address the implications of geopolitical initiatives such as the US-driven Build Back Better World (B3W) and China’s Belt and Road Initiative (BRI), the growing impact of political instability, and the ongoing effects of supply chain disruptions on the legal landscape in both regions.

Expedited arbitration has gained traction as a preferred method for those seeking a swift, cost-effective, and flexible resolution to disputes. Initially applied to low-value cases, it is increasingly used in more high-value disputes by parties who value the benefits of a speedy resolution to their disputes.

Panelists will discuss how parties and arbitrators are designing procedural frameworks under the ICC Expedited Procedure Provisions (EPP) and share best practices. This panel will also explore the evolution of expedited procedures, why parties are—and are not—opting for expedited procedures, and where expedited procedures may see increased use in the future.

Finally, this event will likewise provide an overview of the ICC Commission on Arbitration and ADR’s recent work examining practices under hundreds of EPP cases and the lessons that can be drawn from them to assist parties, counsel and arbitrators.

Moderator: Nathan O’Malley, Partner, Musick Peeler 

Speakers: 

• Peter Durning, Senior Counsel, Boeing and Vice-Chair, ICC Commission on Arbitration and ADR
• Marek Krasula, Director, Arbitration and ADR, North America, ICC Dispute Resolution Services,

Having an international proceeding implies more than facing a cultural difference between lawyers or arbitrators. Several issues need to be considered, including a foreign applicable law, how to present the case, brief the arguments, and present and prepare witnesses and experts for cross-examination. In this panel, the speakers will discuss what to do and what not to do to prepare a more compelling case.

Moderator: Fernanda Flores

Speakers:

• Gary Benton, Gary Benton Arbitration
• Elisa Legoretta, Senior Associate, Cuatrecasas
• Denton Nichols, Partner Norton Rose Fulbright

Parties frequently opt for arbitration where confidentiality is a concern, and arbitration can be attractive to parties in disputes involving intellectual property, technology, and life sciences, all of which are cornerstones of California’s economy. Jurisdictional rules often limit what is arbitrable, and parties have taken to including IP “carve-out” provisions in their contracts. More recently, however, a global trend in favor of the arbitrability of intellectual property disputes has seen a decline in the use of “carve-out” provisions and an increase in the number of intellectual property-related matters brought to arbitration.

This event will bring together a panel of diverse professionals working at the intersection of arbitration and intellectual property to discuss: (1) the varied nature of intellectual property disputes, from infringement actions to breach of contract claims; (2) the worldwide trend toward arbitrability and arbitration of intellectual property disputes; and (3) the advantages and disadvantages of arbitration for parties to such disputes.

Speakers:

• Thomas W. Walsh, Partner, Freshfields
• Rina See, Barrister, Bankside Chambers
• Giorgio Sassine, Associate, Musick Peeler; Secretary of the Board of CalArb

Location: Broxton Brewery & Public House, 1099 Westwood Blvd., Los Angeles

This panel  will explore the impact on- and potential benefits of – international arbitration at a time when leaders of countries around the world are seeking greater control over nominally independent judiciaries. Using recent efforts by the executive branch to exert stricter control over the courts in Mexico and Israel as a prism, the panel will explore the resulting advantages – and risks – of international arbitration, the impact on validity and execution of arbitral awards, the role of international and bilateral treaties,(including the USMCA, up for renewal in 2026) and the broader implications for global trade and investment. 

Speakers:

• Hon. Abraham Sofaer 
• Jerry Roth
• Hon. Susan Braden
• Hon. Eduardo Robreno 

Its name notwithstanding, the Convention on the Recognition and Enforcement of Foreign Arbitral Awards is no less a treaty for the recognition and enforcement of arbitration agreements. As the basis for tribunal jurisdiction in international commercial arbitration (“ICA”), the arbitration agreement and its enforcement by national courts forms the “gateway” through which parties enter the realm of international arbitration. The courts of incumbent “leading” international arbitration seats worldwide are generally considered to be “arbitration friendly” and willing to uphold arbitral jurisdiction in a wide range of contexts, such as validating pathological arbitration clauses, deciding whether tiered clauses present issues of jurisdiction or admissibility, and joinder of non-signatories, among others. Moreover, their willingness to grant interim remedies even before commencement of arbitration can be outcome-determinative. How do federal and state courts in California measure up? A distinguished panel of seasoned international arbitration experts will argue that California compares very favorably and is, in fact, a “Golden Gateway” to ICA.

Moderator: Peter Neumann

Speakers:

• Laura Abrahamson 
• Prof. Jack Coe  
• Jeffrey Daar, Daar & Newman a Professional Law Corporation
• Angelina M. Petti, Partner, von Segesser Law Offices Ltd., Zurich 

The panel will be a compelling and insightful exploration into diversity in arbitration, with a focus on the progress made and the challenges that remain. The panel will feature prominent women in arbitration who will discuss their paths to arbitrating in California and throughout the west coast, their vision for women and minorities in arbitration going forward, innovative approaches to improving diversity, and ways the arbitration community can achieve gender parity and greater minority presence.

Moderator: Charles Harris

Speakers:

• Yasmine Lahlou, Partner, Chaffetz LIndsey LLP
• Charline Yim, Partner, Gibson Dunn & Crutcher
• Ariel Solose, Partner, Blake Cassels & Graydon LLP
• Lexi Menish, Menish Arbitration and Adjunct Professor of Law, Vanderbilt University
• Charles Harris, Partner, Mayer Brown

The year 2025 marks the 10th anniversary of the adoption of the 2030 Agenda for Sustainable Development by all United Nations Member States. The international arbitration community, which has become more and more vibrant across the globe, is a growing force in promoting the realization of the Sustainable Development Goals (SDGs). Building on the experience of Shanghai Arbitration Commission (SHAC) in ESG and other green disputes based on the SHAC Expert Evaluation Model Rules of Green Disputes, and inspiring discussions held by SHAC on this topic in Dubai and New York, we look forward to sharing viewpoints and practices from east and west with California arbitration and law community and garner joint efforts to realize our shared goals of a greener future.

Welcome Remarks: Mingchao FAN, Executive Vice President, SHAC

Speakers:

• Haiyang CAO, China Leadership Team, General Counsel, Chief Compliance Officer, Syngenta Group
• Gary GAO, Equity Partner, Zhong Lun Law Firm
• Jeffrey Benz, JAMS Mediator and Arbitrator, Barrister, 4 New Square Chambers
• Kim Rooney, Independent arbitrator, barrister-at-law & mediator, Rede Chambers
• Sherlin Tung, Partner / Registered foreign lawyer, Withersworldwide
• Ruohan ZHU, Deputy Director of Research, SHAC

Experienced arbitration practitioners say that the most important task for a litigant in arbitration is the selection of the arbitrator. Yet, you will not find this topic covered in arbitration textbooks even though a good or not-so-good selection could have a major impact on your arbitration.
 
Selection by the Arbitral Institution: How does this work? What are the pros and cons? What is the best way to navigate the process?
 
Arbitrator Interviews: How do you get information about potential arbitrators? What is the proper scope for the interview? When do one’s questions of a party-appointed arbitrator cross the line? What do arbitrators think of them? Are joint interviews of the sole or the chair helpful or a waste of time?
 
Party-Appointed Arbitrators:  What should the parties and their counsel look for in a wing arbitrator? A possible vote or a friendly attitude on the panel of three, or a good temperament who will wear well over the length of the arbitration? Efficient and cost-effective versus erudite and scholarly, or some combination? How do you (whether as a party advocate or as a co-arbitrator) deal with a party appointed arbitrator who appears to be an advocate for the nominating side?
 
Presiding Arbitrator: What are the most important factors in selecting the presiding arbitrator? Is it better for the arbitral institution to select the chair, to avoid party gamesmanship and given the institutions’ long-term interest in being perceived as fair? How much emphasis should be paid to the candidate’s “judicial” philosophy, subject matter expertise, temperament, and openness to disclosures and motions?
 
Come hear from a panel of experienced arbitrators, former and current advocates, and corporate counsel on how they go about the selection process. 

Moderator: Cedric Chao, arbitrator; former practice head, Morrison & Foerster and DLA Piper

Speakers:

• Brody Greenwald, partner, White & Case LLP
• Grant Kim, partner and arbitrator, LimNexus LLP
• Christine Kang, partner, Hughes Hubbard & Reed LLP
• Ivana Cingel, head of litigation, Aecom, Inc.

Young CalArb and SVAMC-YP will co-host a debate on the use of AI in determining damages awards. We will hear teams of debaters argue in favor of, or against, a motion. A panel of judges will then voice opinions on what has been heard, before choosing which side to support and giving reasons for their decisions.

Motion: AI-driven damages calculation will produce fairer outcomes in complex commercial arbitrations compared to traditional human-expert approaches.

Moderator: Katie Connolly, Norton Rose Fullbright

Speakers:

• Tuyana Molokhoeva, Quandary Peak Research (For the Motion)
• Ernesto Hernandez, Arnold & Porter (For the Motion)
• Francis Levesque, Associate, White & Case
• Jonathan Fitch, Fitch Law Partners LLP (Judges)
• Jean-Rémi de Maistre, Jus Mundi  (Judges)