International Arbitration Registration

Doctrinal Foundation and Practical Applications in 2021

Thematically, this event is focused on three broad topics:

1. The doctrine and theoretical basics of international arbitration
2. The procedural basics and best practices in international arbitration
3. The practical applications of international arbitration in key industries including, Energy, IP/Tech, and Construction/Engineering. The keynote speaker, Ms. Chiann Bao, will tie the event together with a speech on the challenges and opportunities for international arbitration practitioners as we look forward to 2021 and beyond.

Due to the circumstances of the COVID-19 pandemic, this event will take the form of a Zoom webinar.

This event will qualify for Continuing Legal Education (CLE): 5 hours

REGISTER ONLINE

Donations are welcome! While this symposium is free of charge, we welcome your donations which will support the Journal’s continued ability to semi-annually publish articles of quality scholarship and host enriching events such as this Symposium. Recommended donations are $25 for non-students and $5 for students. Donations can be made by clicking here and following the instructions below:

Donation Instructions: Once on the donation page, (1) Select “Santa Clara Law” from the dropdown in the first field, (2) Select “Other” from the dropdown in the second field, (3) Type “FBO Santa Clara Journal of International Law” in the field for “Special Instruction/Other Designation”, (4) Select the appropriate dropdown selection in the “Gift Type Field” (note: use “one-time gift” for a one-time donation), and (5) Enter the donation dollar amount.

Please direct inquiries to Khoa Nguyen, Business & Fundraising Editor, at kbnguyen@scu.edu.

Schedule

Speaker Bios

CLE Articles

Event Details

Symposium Schedule (subject to change):

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Speaker Bios:

PANEL I

Philip Jimenez, Professor of Law, Santa Clara University

Philip J. Jimenez, Professor of Law, teaches International Business Transactions and Negotiation. He is expert in legal cultures of the Far East, has consulted for the Ministries of Justice in Thailand and the Republic of Korea, and has advised various foreign companies. He has lectured in many Universities in Asia, including in Tokyo, Seoul, Bangkok, Singapore, Ho Chi Minh City and Ulaan Baatar, and was recently awarded Honorary Doctorate from National Graduate University in Mongolia for contributions in development of Environmental and Human Rights Law. Professor Jimenez was also a co-founder of Santa Clara Law’s Center of Global Law and Policy.

Philip Jimenez Fighting for Justice in Mongolia

Dr. Gabriel M. Lentner, Assistant Professor of Law at Danube University Krems, Austria

Dr. Gabriel M. Lentner has been Assistant Professor of International Law and Arbitration at the Department of Law and International Relations of Danube University Krems since 2018, where he is also head of the section International Law and Alternative Dispute Resolution. Gabriel has also been a Fellow at Stanford Law School since 2014, and he is the co-director (together with Prof. Scott Brewer) of the Logocratic Academy based at Harvard Law School. His research and teaching focuses on international law (especially international investment law, arbitration and dispute resolution, law of international organizations, international criminal law, international trade law), European Union law (especially foreign relations law) as well as legal theory and philosophy of law. Gabriel’s habilitation project has the working title “Domestic Law Concepts in International Investment Arbitration”. Beside his academic work, he is also a part-time associate with the international arbitration law firm Konrad Partners in Vienna.

Richard Eastman, Member, Silicon Valley Arbitration and Mediation Center (SVAMC)

Richard (“Dick”) Eastman is a practicing lawyer specializing in international commercial transactions, including construction and aircraft supply contracts and resolution of disputes concerning them, chiefly representing Japanese corporate clients. He has sat as an arbitrator in many international cases involving Japanese and other Asian parties under the rules of the ICC, ICDR, JCAA and ad hoc cases under the UNCITRAL Rules. He is a Fellow of the Chartered Institute of Arbitrators and a Chartered Arbitrator, a panelist on the international and commercial panels of the American Arbitration Association and the panel of the Japan Arbitration Association and is a Distinguished Neutral of the CPR Institute. His publications include case notes on “Rent-a-Center v Jackson” 77 Arbitration 280-283 (2011) and Birbrower v. Superior Court, 94 American Journal of International Law 639 (2000). Dick is admitted to the bars of California and New York. From 1979 to 1987 Dick practiced in Singapore and from 1987 to December 2014 as a registered foreign lawyer in Japan. He is currently in sole practice based in San Francisco.

Yoshihiro Takatori, Partner at Kasumigaseki International Law Office

Yoshihiro Takatori specializes in crossborder litigation, arbitration and mediation and is one among a rare few Japanese professionals who have gained qualification as a Fellow of the Chartered Institute of Arbitrators (F.C.I.Arb.). Mr. Takatori is a leading professional in the field, with his name is included on rosters for various organizations as a mediator and/or arbitrator, including the Japan Commercial Arbitration Association (JCAA), the Singapore International Arbitration Centre (SIAC), the Singapore Mediation Centre, the Korean Commercial Arbitration Board (KCAB). His work includes advising the Japanese government as well as providing training for judges. Mr. Takatori is the author of numerous publications on a variety of subject areas including intellectual property, antitrust, the FCPA, the UK Bribery Act and various compliance and cybersecurity related topics. Mr. Takatori is also frequently a speaker at seminars as well as international conferences and other events.

Mr. Takatori has received numerous accolades during the course of his career, including being named as one of the 10 most innovative lawyers in the 2019 Financial Times Asia-Pacific Innovative Lawyers Report; ranked Band 1 as a Dispute Resolution lawyer in Chambers Asia Pacific; as well as being recognized as a leading individual for Dispute Resolution and Intellectual Property for Asia Pacific Legal 500.

PANEL II

Gary Benton, US & International Arbitrator; Adjunct Faculty, Santa Clara University

Gary Benton is an internationally recognized Arbitrator and Mediator with expertise in international business, private investment, technology, IP and emerging growth matters. His practice is focused on technology development, distribution, licensing, infringement (trade secret, copyright and patent) and cybersecurity disputes. He has handled hundreds of cases around the world and serves on the panels of the leading international arbitral institutions in the US, Europe and Asia.

In addition to his arbitration practice and teaching at Santa Clara University, Mr. Benton is the founder and currently serves as the Chairman of the Silicon Valley Arbitration and Mediation Center (SVAMC) in Palo Alto, California. He was previously a partner with the leading international law firms Pillsbury Winthrop Shaw Pittman LLP and Coudert Brothers LLP in San Francisco and Palo Alto. As well, he served as Chief Legal Officer for a cloud and mobile cybersecurity company supporting US national security interests.

He is a Chartered Arbitrator and Fellow of the Chartered Institute of Arbitrators (CIArb), a Fellow and Board member of the College of Commercial Arbitrators (CCA), an Academy Member of the National Academy of Distinguished Neutrals (NADN) and a member of the Institute for Transnational Arbitration (ITA) Advisory Board and the International Council for Commercial Arbitration (ICCA). He is a founder and Executive Committee member of the California International Arbitration Council (CIAC) and a member of other US and international arbitral associations.

Mr. Benton is dual qualified as a US lawyer and an English solicitor and serves in administered and ad hoc proceedings worldwide. He speaks and writes regularly on topics relating to technology and international dispute resolution.

K. Luan Tran, Partner at King & Spalding, International Arbitration – Southeast Asia

K. Luan Tran is a partner with King & Spalding’s international arbitration practice, ranked the No. 1 practice worldwide by the 2020 Global Arbitration Review. Luan is based in the firm’s Los Angeles and Singapore offices. He has nearly 25 years of experience handling international arbitration matters worldwide, and has lived and practiced in North America, Asia, and Europe. Prior to King & Spalding, Luan led the Southeast Asia disputes practice of another international law firm. He is a frequent speaker and author on the fast-growing Southeast Asia region, particularly his native Vietnam. Luan was recently recognized as a “Traiblazer” by the Recorder for his work in the region. He was a recent member of the board of directors of the AAA/ICDR. He holds three law degrees, two from Canada and one from Harvard Law School.

In addition to his international arbitration experience, Luan is recognized as a leading attorney in ownership and partnership disputes between co-founders of technology companies. In a profile of his work in co-founder lawsuits, such as the Snapchat and Yik Yak matters, Forbes magazine called him the “go-to lawyer” in this area. During his career, Luan has recovered over $150 million on behalf of plaintiffs in his tech co-founder cases. Tran’s experience and success for the plaintiffs gives him significant advantages and insights when representing the defendants.

Victoria Shannon Sahani, Associate Dean of Faculty Development and Director of Faculty Inclusion Research for System Transformation (FIRST) at Arizona State University

Victoria Shannon Sahani is the Associate Dean of Faculty Development and a Professor of Law at Arizona State University Sandra Day O’Connor College of Law. She is also the Director of the Faculty Inclusion Research for System Transformation Initiative, or FIRST initiative, a university-wide initiative commissioned by the ASU president’s office examining the history of race and inclusion among faculty at the University. Professor Sahani holds several leadership positions in international arbitration community, including Vice Chair of the ITA Academic Council, Member of the International Chamber of Commerce (ICC) Commission on Arbitration and ADR, and Co-Chair of the Academic Subcommittee of the United States Council for International Business (USCIB) Arbitration Committee. Professor Sahani is a co-author of the book Third-Party Funding in International Arbitration (2d ed. 2017) (with Lisa Bench Nieuwveld), as well as numerous book chapters, articles, essays, and blogs posts. Prior to joining the legal academy, Professor Sahani served for five years as Deputy Director of Arbitration and ADR in North America for the ICC International Court of Arbitration, as well as Deputy Director of the Arbitration and ADR Committee of the United States Council for International Business (USCIB). She earned her undergraduate degree from Harvard University and her law degree from Harvard Law School.

Nancy M. Thevenin, International Arbitrator, Mediator, and USCIB General Counsel

Nancy M. Thevenin serves as an external general counsel for the United States Council for International Business (USCIB/ICC USA), the U.S. national committee to the ICC International Court of Arbitration® and manages USCIB/ICC USA’s Arbitration & ADR Committee, which, inter alia, provides assistance in the nomination of U.S. arbitrators, makes referrals to parties seeking arbitration practitioners and arbitrators, organizes seminars and corporate roundtables, and serves as a resource for the U.S. business community about the ICC’s dispute resolution services. Aside from general corporate counsel duties, Ms. Thevenin also manages requests for USCIB to participate in amicus brief filings on issues of relevance to USCIB’s membership.

She also serves as an international arbitrator and mediator, is a Fellow of the Chartered Institute of Arbitrators and an adjunct professor of the International Commercial Arbitration course at St. John’s University School of Law. She is a past chair of the New York State Bar Association’s International Section and is designated by the Republic of Haiti to serve on the Panel of Arbitrators of the International Centre for the Settlement of Investment Disputes. Ms. Thevenin advises on arbitrations, mediation strategy, dispute boards, expertise proceedings, ad hoc cases and use of emergency arbitrator procedures. Her experience includes arbitrations under various institutional rules, including the ICC, ICDR, and ICSID and advising on early resolution of matters that would otherwise become formal disputes. Ms. Thevenin’s experience includes handling disputes for multinational companies and governments in the construction and engineering, financial services, commercial real estate and aviation industries, often involving issues concerning mergers and acquisition, sales, distribution, licensing, technology transfer and leasing agreements.

A graduate of Cornell University and Tulane Law School, Ms. Thevenin started her practice as an international litigation and arbitration practitioner in Miami, Florida, then served as deputy director of arbitration and ADR for North America for the ICC International Court of Arbitration in New York, and thereafter, was a special counsel in and global coordinator of Baker & McKenzie International Arbitration Practice Group. Ms. Thevenin speaks English, Spanish, French and Haitian Creole.

PANEL III

Professor David Sloss, John A. and Elizabeth H. Sutro Professor of Law, Santa Clara University

David Sloss is an internationally renowned scholar who has published three books and a few dozen book chapters and law review articles. His scholarship focuses on the relationship between domestic law and international affairs. His work in this area is informed by a decade of experience in the federal government, where he helped draft and negotiate several major international treaties. Professor Sloss is currently writing a book on information warfare and social media.

Prior to joining the Santa Clara University School of Law faculty, Professor Sloss taught for nine years at Saint Louis University School of Law. Before Sloss started his teaching career, he worked as a litigation associate at Wilson, Sonsini, Goodrich & Rosati in Palo Alto and clerked for Senior Judge Joseph T. Sneed, U.S. Court of Appeals, Ninth Circuit, San Francisco. He also worked for the U.S. Arms Control and Disarmament Agency for nine years before he attended law school. During that time Sloss helped draft and negotiate three major East-West arms control treaties.

Recent Commentary:

• The Best Way to Regulate Disinformation, post on opiniojuris.org blog
• Interview on Senate Impeachment Trial on NBC Bay Area News (Part I – Constitutional Expert Address Impeachment Trail)
• Interview on Senate Impeachment Trial on NBC Bay Area News (Part II – Constitutional Expert Address Impeachment Trail)

Mimi Lee, Managing Counsel at Chevron Global Upstream & Gas – International Litigation Management

Mimi Lee is part of a team that manages litigation, arbitration, pre-disputes, and investigations stemming from Chevron’s International Upstream operations. The team’s docket includes a variety of matters including commercial disputes, labor and employment, complex construction claims, coverage, tax, white collar, personal injury, and property damage.

Mimi and her group interact with external counsel located all over the world and are responsible for ensuring that all litigation matters are handled efficiently and in a cost effective manner consistent with Chevron’s Objectives-Based Litigation Technique (“””COBALT®”””), which is a structured and disciplined technique for achieving reliability, efficiency and world class performance in litigation management. Prior to joining Chevron, Mimi was in private practice as a litigator. She was formerly a partner with Thelen Reid & Priest and later with McKenna Long & Aldridge.

David J. Tsai, Attorney, IP Litigation Partner at Pillsbury Winthrop Shaw Pittman LLP

David J. Tsai is a Partner in Pillsbury’s San Francisco office and Co-Manages the firm’s Taipei Office. His practice focuses on patent, trade secret, complex breach of contract, and product defect litigation for companies innovating biotechnology (pharmaceuticals and genetic engineering), medical devices, software (Internet and mobile apps), and hardware (semiconductors, set-top boxes, smartphones, solar wafers and light-emitting diodes/LED/OLED). His legal experience includes defending clients in international arbitration cases, litigating in the areas of copyrights and trademarks, preparing and prosecuting U.S. electrical engineering patent applications, drafting patentability, freedom-to-operate and non-infringement opinions, as well as patent interference in the area of biotechnology. He also represents clients in patent negotiations, licensing and overall intellectual property strategy.

In addition to working with Fortune 500 companies, David works with many international companies based in Taiwan, China, Hong Kong, Korea, Japan, the UK, and Singapore.

Matthew Christensen, Senior Foreign Attorney of Kim & Chang LLP

Matthew Christensen is currently a Senior Foreign Attorney of the Kim & Chang’s International Arbitration & Cross-Border Litigation Practice. He also currently serves as Chair of the International Construction Projects Committee of the Inter-Pacific Bar Association and is also a member of the SIAC Users’ Council. For his contributions to the practice of international arbitration in Korea, Mr. Christensen received a special commendation from the Ministry of Trade, Industry and Energy (MOTIE) in 2015.

Mr. Christensen has been recognized as one of the leading dispute resolution practitioners in Korea by Chambers Asia-Pacific and Legal 500, and is recommended by Who’s Who Legal in the areas of Arbitration, Construction and Mediation. According to Chambers Asia-Pacific, “Matthew Christensen is frequently sought out by clients to advise on construction and engineering disputes. Market commentators call him ‘a very capable writer and thoughtful advocate,’ praising his fluency in Korean, while clients report that he is ‘hard-working, responsive and easy to work with.’” (Chambers and Partners, 2018). Who’s Who Legal has described Mr. Christensen as “a leading figure in the field who is described as “intelligent, hardworking and highly ethical.” (Who’s Who Legal – Arbitration, 2018), while Legal 500 has called him a key figure for construction disputes […] who is praised for his ‘strong advocacy and effective cross-examination style.’” (Legal 500, 2018).

In addition to his work as arbitration counsel, Mr. Christensen frequently lectures and speaks on international arbitration and construction-related topics, including from time to time in Korean.

INTRODUCTION FOR KEYNOTE SPEAKER:

Tseming Yang, Professor of Law and Director of the Center for Global Law and Policy at Santa Clara Law

For more than two decades, Professor Tseming Yang’s work as an environmental lawyer, professor, and policy advocate has focused both on advancing understanding of the structure and role of the law with respect to the environment as well as how to ensure that effective implementation will contribute to the achievement of justice and sustainability. In addition to his work on domestic environmental law and its intersection with civil rights and social justice considerations, his other areas of research and writing have focused on environmental law in international treaties and in the law and governance systems of other countries, especially China.

Immediately prior to joining the Santa Clara Law faculty in 2012, Professor Yang served in President Obama’s Administration as Deputy General Counsel of the US Environmental Protection Agency. From 2007 to 2010, he led the establishment of the US-China Partnership for Environmental Law, a US AID and State Department-funded initiative to build China’s institutional capacity in environmental law and governance. Professor Yang started his career in environmental law as an attorney in the Environment and Natural Resources Division of the U.S. Department of Justice.

KEYNOTE SPEAKER:

Chiann Bao, Vice President, ICC Court of Arbitration

Ms. Chiann Bao is a worldwide renowned arbitrator with almost 20 years of experience working in Hong Kong, New York and London, she practises exclusively as an arbitrator and mediator and is a member of Arbitration Chambers. She is widely regarded as a leader in the field of international arbitration who brings significant institutional and private practice experience to her work as an independent arbitrator. Ms. Bao currently serves as a vice president of the ICC Court of Arbitration and is the chair of the ICC Commission task force on arbitration and ADR.

Chiann Bao is listed on the panel of the major arbitration institutions and has served as tribunal chair, co-arbitrator and sole arbitrator in ad hoc and institutional arbitrations under the ICC, UNCITRAL, SIAC, HKIAC, KCAB, CIETAC, and SCIA rules. She also serves as emergency arbitrator. She is a fellow of the Chartered Institute of Arbitrators and a CEDR-accredited mediator.

Prior to becoming an independent arbitrator and mediator, Chiann Bao worked in private practice where she focused on complex international arbitration and litigation, acting as counsel for corporates, state-owned enterprises and states in a range of disputes in various sectors. Chiann has served as counsel in cases arising from construction projects, intellectual property, licensing, shareholder agreements, joint venture agreements, real estate projects, financial services agreements and other contractual disputes. She advised clients on all aspects of the arbitral process under the major arbitral rules, including UNCITRAL, ICC, HKIAC, SIAC, and CIETAC.

Chiann frequently speaks and writes on the topic of international arbitration. She regularly lectures and has taught at the University of Hong Kong as an adjunct professor from 2014-2016. In 2019, Chiann was appointed an honorary senior fellow of the British Institute of International and Comparative Law.

Santa Clara Law’s Journal of International Law

The Santa Clara Journal of International Law, established in 2002, is a student run academic journal based at Santa Clara University School of Law. The Journal semi-annually publishes scholarly international law articles by leading academics, practitioners and law students from around the world. The Journal also hosts an annual Symposium and enriching JIL Speaker’s Series events throughout the year.

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CLE Articles:

Arbitration 2011 Issue 2, Note on Rent-A-Center by R.A. Eastman

ASIJ note on Birbrower

Bridgestone v Panama ICSID Review 569-576

CPTPP’s Investment Chapter and the Protection of IP

Eastman Introduction to International Commercial Arbitration Table of Sources and Resources 21-03-26

Fina Lentner EUs IIAs and IP Protection

Huaxia.Lentner, BIT by BIT

International Investment Arbitration Santa Clara final (1)

Investor-State Dispute Settlement and the Relationship between IP and Investment Chapters TTLF

Lentner, Eli Lilly v Canada

PANEL 2- INTERNATIONAL ARBITRATION PROCEEDING- HYPERLINKS TO CLE ARTICLES

Reading List for an Introduction to International Investment Arbitration

SCU JIL Symposium March 26 Eastman (1)