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2013

December 3: John E.C. Brierley Memorial Lecture

Faculty of Law - McGill University (Montreal)

"The Law Applicable to International Arbitration Agreements: Past, Present and Future"
Speaker: Gary Born, Chair of the International Arbitration Practice Group at WilmerHale in London.

You can listen to his presentation as a Webcast, an MP3, a WMV, or an MP4.

Summary

Gary Born
On December 3, 2013, Gary Born, Chair of the International Arbitration Practice Group at WilmerHale in London and author of leading treatise International Commercial Arbitration, delivered the annual John E.C. Brierley Memorial Lecture.  His talk was titled “The Law Applicable to International Arbitration Agreements: Past, Present and Future”.

The lecture focused on the law governing the substantive validity of international commercial arbitration agreements.  As a starting point for his inquiry, Born evoked the recognition of the separability doctrine; since the arbitration agreement is separable from the underlying contract or treaty, then what law governs it?

Approaching the topic chronologically, Born recalled that in the past, choice-of-law rules took the view that the law of the judicial enforcement forum was the law governing the substantive validity of the arbitration agreement.  This produced a wide variety of conceivable results, as there were necessarily as many laws governing the substantive validity of the arbitration agreement as there were enforcement forums.

The present, said Born, is imperfect, but better.  While there is still a multiplicity of existing choice-of-law approaches, the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards and the UNCITRAL Model Law on International Commercial Arbitration provide tools to remedy the degree of uncertainty that remains.   Born offered an engaging discussion on the main choice-of-law approaches applied around the world – from the law of the arbitral seat to the law of the main contract, he explained the closest connection test and the cumulative principle, and finished by exemplifying the approach of English, French, and US courts.

Turning to the future, Born suggested that the principled and desirable choice-of-law approach was the validation principle, according to which the validity of an arbitration agreement will be upheld if it is substantively valid under any of the laws that might potentially be applicable to it, even if it is not valid under one or several of them.  This, Born concluded, best accomplishes the parties’ objectives when agreeing to arbitrate: having an efficient, neutral, and expert means of resolving their disputes without the jurisdictional and choice-of-law complexities encountered in national court litigation.

2012

January 17: Committee on Institutions of the National Assembly of Quebec 

Profs. Frédéric Bachand and Fabien Gélinas, member of the PJRL Research team, along with Prof. Nabil Antaki, Prof. Alain Prujiner and Me L. Yves Fortier, presented their commentaries to the Committee on Institutions of the National Assembly on the sections on international commercial arbitration included in the Draft Bill to enact the new Code of Civil Procedure.

Video recording of the appearance before the committee : click here

The memoir submitted by the professors and practitioners in the area of international arbitration : click here

2011

November 24-26 : The Model Law after 25 years - Global Perspectives on International Commercial Arbitration Law

Faculty of Law – McGill University (Montréal)

For the Conference program: click here

October 6: John E.C. Brierley Memorial Lecture

Faculty of Law - McGill University (Montreal)

Title: "L'arbitre et le droit"
Speaker: Alain Prujiner (Full Professor, Faculty of Law, Université Laval)

The lecture was made possible by a generous gift of Maître L. Yves Fortier, CC, OQ, Qc. LLD and was presented in collaboration with the International Law Section of the Quebec Division of the Canadian Bar Association (CBA) and the law firm of Woods LLP.

McGill Dispute Resolution Lecture Series

Fall Program
Faculty of Law - McGill University (Montreal)

-September 30: "An Insider's Perspective on Assumptions and Expectations in the Practice of International Arbitration"
Speaker: Andrew de Lotbinière McDougall (Partner and Head of International Arbitration Group at Perley-Robertson, Hill & McDougall)

-September 21: "The 2012 ICC Rules of Arbitration - An Insider's Perspective"
Speaker: Jason Fry (Secretary General, ICC International Court of Arbitration)

-September 14: "The Permanent Court of Arbitration: Inside the Hearing Room"
Speaker: Brooks Daly (Deputy Secretary General and Principal Legal Counsel at the Permanent Court of Arbitration)

June 17-18: Conference on the 25 years of the arbitration law reform in Quebec

Faculty of Law – McGill University (Montréal)

For the complete programme of the Conference: click here

Powerpoint presentations:
Frédéric Bachand
Geneviève Saumier

June 6: The Summer Program in Arbitration Law at McGill: "Speaker's Lunch"

Faculty of Law - McGill University (Montreal)

Title: "Comparing and contrasting different fora for the resolution of international investment disputes"
Speaker: Martin Doe (Legal Counsel, Permanent Court of Arbitration, The Hague)

May 5: Panel Presentation - "Seidel v. Telus"

Faculty of Law – McGill University (Montreal)

Panelists :
Frédéric Bachand (Professor - McGill University)
Fabien Gélinas (Professor - McGill University)
Geneviève Saumier (Professor - McGill University)

Video recording of the event

March 21: Round Table - "L'ordre public dans tous ses états"

Faculty of Law – McGill University (Montreal)

For the complete programme of the round table (available in French only): Click here

McGill Dispute Resolution Lecture Series

Winter Program
Faculty of Law - McGill University (Montreal)

-April 14: "The Law of Arbitration in Brazil: a Snapshot"
Speaker: Lauro Da Gama e Souza Jr. (Professor - Pontifical Catholic University of Rio de Janeiro; Partner - Binenbojm, Gama & Carvalho Britto Advogados)

-January 28: "Transparency, Precedent, and Ethics: Some Unanticipated Consequences"
Speaker: Andrea K. Bjorklund (Professor - University of California, Davis, School of Law)

January 26: The McGill Arbitration Society

Faculty of Law - McGill University (Montreal)

Title: "The Americanization of International Commercial Arbitration?"
Chair: Fabien Gélinas (Professor - McGill University)
Speakers:
Anne Marie Whitesell (International Arbitration & Dispute Resolution - Dechert LLP)
Pedro G. Martinez-Fraga (Partner - Square Sanders)

2010

McGill Dispute Resolution Lecture Series

Fall Program
Faculty of Law - McGill University (Montreal)

-November 11: "Understanding (and Misunderstanding)'Primary Jurisdiction'"
Speaker: Alan Scott Rau (Associate Mark G. and Judy G. Yudof Chair in Law, University of Texas at Austin, School of Law)

-November 1: "The Power of Disembodied Rights: Multinational Enterprises and Investment Treaty Arbitration"
Speaker: Robin F. Hansen (Assistant Professor, College of Law, University of Saskatchewan)

-October 14: "The Investment Arbitration Process and the Rule of Law"
Speaker: Gus Van Harten (Associate Professor, Osgoode Hall Law School)

-October 4: "Recent Developments in Arbitration at the U.S. Supreme Court"
Speaker: Stacie I. Strong (Associate Professor of Law – University of Missouri, Senior Fellow – Center for the Study of Dispute Resolution)

-September 23: "Asian perspectives on Commercial Dispute Settlement"
Speaker: Haig Oghigian, F.C.I.Arb (Attorney at Foreign Law, Partner – Baker & MacKenzie GJBJ Tokyo Aoyama Aoki Koma Law Office)

-September 21: "A cosmopolitan law society: everything you’ve always wanted to know about the practice of arbitration"
Speaker: Andrew McDougall (Partner and Head of the International Arbitration Group – Perley-Robertson, Hill & McDougall LLP, Part-time Professor – University of Ottawa)

The Summer Program in Arbitration Law at McGill

Faculty of Law - McGill University (Montreal)

-June 9: "International Debt Recovery"
David R. Franklin: Ad.E. Franklin & Franklin - Attorneys, Honorary Counsul of Iceland

-May 27: "US Arbitration"
Daniel Hamilton: Vice Counsel - US Consulate in Montreal

-May 18: "Metanex: commentaries"
Shane Spelliscy: Counsel, Trade Law Bureau - Department of Foreign Affairs and International Trade Canada

March 4 – 5: International Arbitration Round Table - "Usages in Theory and Practice"

Faculty of Law – McGill University (Montreal)

For the round table program: Click here

Presented in collaboration with the Social Sciences and Humanities Research Council of Canada.

January 19: Continuing Legal Education at McGill: Think Ahead

Faculty of Law - McGill University (Montreal)

Title: Commercial Arbitration - Principles, Pathways and Pitfalls
Speakers:
Thomas Carbonneau (Professor - Pennsylvania State University Dickinson School of Law)
Armand de Mestral (Professor - McGill University)
Fabien Gélinas (Professor - McGill University)

For more details: Click here

2009

November 30 - December 2: Arbitration Workshop (Delegation from Vietnam)

Faculty of Law - McGill University (Montreal)

Chair: Fabien Gélinas (Professor - McGill University)
Speakers:

  • Frédéric Bachand (Professor - McGill University)
  • Stephen Drymer (Partner and Chair of the International Arbitration Team - Ogilvy Renault LLP)
  • Louise Otis (Judge at the Court of Appeal of Quebec from 1993 to 2009)
  • Geneviève Saumier (Professor - McGill University)
  • Martin Valasek (Partner - Ogilvy Renault LLP)
  • Anne Marie Whitesell (International Arbitration & Dispute Resolution - Dechert LLP)

Presented in collaboration with the Canadian International Development Agency (CIDA) and the Government of Vietnam.

November 18: McGill Dispute Resolution Lecture

Faculty of Law - McGill University (Montreal)

Title: "The Permanent Court of Arbitration: Between Commercial Law and Public Law Adjudication"
Speaker: Martin Doe (Assistant Legal Counsel – Permanent Court of Arbitration, The Hague)

In conjunction with Prof. Fabien Gélinas’s Resolution of International Disputes course.

September 25: 15 Years of NAFTA Chapter 11 Arbitration

Faculty of Law - McGill University (Montreal)

Presented in collaboration with the International Arbitration Institute (IAI).

September 24: John E.C. Brierley Memorial Lecture

Faculty of Law - McGill University (Montreal)

Title: "L’ordre juridique arbitral: réalité, spécificité et utilité"
Speaker: Emmanuel Gaillard (Professor - Université de Paris XII; Chairman - International Arbitration Institute (IAI); Head of the international arbitration practice - Shearman & Sterling)

The lecture was made possible by a generous gift of Maître L. Yves Fortier, CC, OQ, QC, LLD, Chairman Emeritus of Ogilvy Renault law firm, and was presented in collaboration with the International Law Section of the Quebec Division of the Canadian Bar Association (CBA) and the law firm of Woods LLP.

September 21: McGill Dispute Resolution Lecture

Faculty of Law - McGill University (Montreal)

Title: "Arbitration in Asia"
Speaker: Haig Oghigian (Partner – Litigation and Dispute Resolution Group at Baker & McKenzie, Tokyo)

In conjunction with Prof. Fabien Gélinas’s Resolution of International Disputes course.

September 12

Querétaro, Mexico

Participation of Prof. Frédéric Bachand to a conference on recent developments in international arbitration held by the NAFTA Advisory Committee on Private International Disputes.

August 24 – 28: Arbitration Workshop in Vietnam

McGill participated in a workshop for parliamentarians in Vietnam as part of the process for a comprehensive review of that country's arbitration law. Professor Fabien Gélinas was the McGill instructor in this workshop.

June 4 – 6: International Arbitration Round Table

Faculty of Law – McGill University (Montreal)

Round table discussion where European and Canadian international arbitration specialists critically analyzed Emmanuel Gaillard’s Les aspects philosophiques du droit de l’arbitrage international, and also discussed ongoing controversies regarding the proper role of public order in this field.

Presented in collaboration with the Dean’s Office.

April 20 – 21: Sessions on Cyberjustice within the Legal IT Conference

Centre Mont-Royal (Montreal)

Title: "Towards New Models of Procedural Law"
Moderator: Fabien Gélinas (Professor - McGill University)
Speakers: Harold Épineuse (Institut des hautes études sur la justice), Pierre Noreau (Professor - Université de Montréal) and Roderick Macdonald (Professor - McGill University)

For the complete programme of the conference: Click here

Presented in collaboration with the Centre de recherche en droit public (CRDP).

April 1: Civil Law Workshop

Faculty of Law – McGill University (Montreal)

Title: "L’affaire Smart Systems Technologies et le rôle du siège en arbitrage international"
Speakers: Frédéric Bachand (Professor - McGill University) and Alain Prujiner (Professor - Université Laval)

Presented in collaboration with the Wainwright Fund.

March 9 & 11: McGill Dispute Resolution Lecture

Faculty of Law - McGill University (Montreal)

Title: "Comparing Dispute Settlements between Private Parties; Private Parties and States; and States"
Speaker: Davis Robinson (Former Legal Advisor - US Department of State; Arbitrator - International Centre for Settlement of Investment Disputes (ICSID))

March 4: McGill Dispute Resolution Lecture

Faculty of Law - McGill University (Montreal)

Title: "The Permanent Court of Arbitration at The Hague: History and Contemporary Practice"
Speaker: Brooks Daly (Deputy Secretary General and Principal Legal Counsel - Permanent Court of Arbitration (PCA))

Hosted by Prof. Frédéric Bachand

February 9: Arbitration Speaker

Faculty of Law - McGill University (Montreal)

Title: "The Work of ICSID in Investor – State Arbitration"
Speaker: Uche Onwuamaegbu (Senior Counsel - International Centre for Settlement of Investment Disputes (ICSID) Secretariat of the World Bank in Washington D.C.)

2008

October 15: McGill Dispute Resolution Lecture

Faculty of Law - McGill University (Montreal)

Title: "The Multiplication of International Tribunals and its Impact on International Law"
Speaker: Georges Michel Abi-Saab (Chair - World Trade Organization (WTO) Appellate Body)

June 30: Granting of Arbitration Internships

Faculty of Law - McGill University (Montreal)

Catherine Quinn - Permanent Court of Arbitration (The Hague)
Annie Guérard-Langlois - ICC International Court of Arbitration (Paris)

June 26: ICL Dispute Resolution Lecture

Faculty of Law - McGill University (Montreal)

Title: "International Commercial Arbitration in Brazil: Recent Developments"
Speaker: Lauro da Gama e Souza (Professor - Catholic University of Rio de Janeiro)

Presented in collaboration with the Institute of Comparative Law (ICL).

May 28: John E.C. Brierley Memorial Lecture

Faculty of Law - McGill University (Montreal)

Title: "International Arbitration is Not Arbitration"
Speaker: Jan Paulsson (President - London Court of Arbitration (LCIA); President - World Bank Administrative Tribunal)

Presented in collaboration with the International Law Section of the Quebec Division of the Canadian Bar Association (CBA) and the law firm of Woods LLP.

May 12 - June 13: Summer School in Arbitration

Faculty of Law - McGill University (Montreal)

Presented in collaboration with Pennsylvania State University Dickinson School of Law.

April 30 - May 2: ICC Arbitration Workshop

Faculty of Law - McGill University (Montreal)

Presented in collaboration with the Institute of Comparative Law (ICL), the United States Council for International Business, the Canadian Chamber of Commerce and the law firm of Fasken Martineau LLP .

For more details: Click here

April 3: ICL Dispute Resolution Lecture

Faculty of Law - McGill University (Montreal)

Title: "Work of the ICSID Secretariat"
Speaker: Gonzalo Flores (Senior Counsel - International Centre for Settlement of Investment Disputes (ICSID) Secretariat of the World Bank in Washington D.C.)

Presented in collaboration with the Institute of Comparative Law (ICL).

In conjunction with Prof. Armand de Mestral's Resolution of International Disputes course.

March 25: ICL Dispute Resolution Lecture

Faculty of Law - McGill University (Montreal)

Title: "The Practice of Arbitration in New York"
Speaker: Julie Bédard (Counsel - Skadden Arps, New York)

Presented in collaboration with the Institute of Comparative Law (ICL).

In conjunction with Prof. Armand de Mestral's Resolution of International Disputes course.

March 11 & 13: ICL Dispute Resolution Lecture

Faculty of Law - McGill University (Montreal)

Title: "Contrasting International Dispute Resolution in the Context of Private Commercial Arbitration, Investor-State Arbitration, and Inter-State Dispute Settlement"
Speaker: Davis Robinson (Former Legal Advisor - US Department of State; Arbitrator - International Centre for Settlement of Investment Disputes (ICSID))

Presented in collaboration with the Institute of Comparative Law (ICL).

In conjunction with Prof. Armand de Mestral's Resolution of International Disputes course.

March 8: Panel Sponsorship - McGill Graduate Legal Studies Conference

Faculty of Law - McGill University (Montreal)

Panel L: "Transforming State Power"
Speakers: Christopher D.T. Forrest, Lucan Gregory and Vincent-Joël Proulx

March 7: Panel Sponsorship - McGill Graduate Legal Studies Conference

Faculty of Law - McGill University (Montreal)

Panel D: "The Rise of Private Justice"
Speakers: Richard Lehun, Chunbao Liu and Eric Pollanen

March 7: Civil Law Workshop - McGill Graduate Legal Studies Conference

Faculty of Law - McGill University (Montreal)

Title: "Did the Supreme Court of Canada Finally "Get" it Right in Bruker v. Markovitz?"
Speakers: Rosalie Jukier (Professor - McGill University), Christelle Landheer-Cieslak (Professor - Université Laval) and Shauna Van Praagh (Professor - McGill University)

Presented in collaboration with the Wainwright Fund.

March 4: ICL Dispute Resolution Lecture

Faculty of Law - McGill University (Montreal)

Title: "The Practice of Arbitration in London"
Speaker: Sophie Nappert (Associate Member - 3 Verulam Buildings, London)

Presented in collaboration with the Institute of Comparative Law (ICL).

In conjunction with Prof. Armand de Mestral's Resolution of International Disputes course.

February 19: ICL Dispute Resolution Lecture

Faculty of Law - McGill University (Montreal)

Title: "Arbitration Under International Oil Contracts"
Speaker: Alireza Falsafi (DCL Candidate - Faculty of Law of McGill University; Attorney at Law - Iran)

Presented in collaboration with the Institute of Comparative Law (ICL).

In conjunction with Prof. Armand de Mestral's Resolution of International Disputes course.

January 29: Conversation on Arbitration

Faculty of Law - McGill University (Montreal)

Title: "ICC Arbitration - A Conversation with Jason Fry"
Speaker: Jason Fry (Secretary General - ICC International Court of Arbitration)

A talk directed at professors and lawyers practicing in arbitration.

Presented in collaboration with the Institute of Comparative Law (ICL), the Canadian National Committee to the ICC International Court of Arbitration (see Canadian Chamber of Commerce).

January 29: ICL Dispute Resolution Lecture

Faculty of Law - McGill University (Montreal)

Title: "ICC Arbitration - Jason Fry, The Secretary General"
Speaker: Jason Fry (Secretary General - ICC International Court of Arbitration)

A talk directed at undergraduate and graduate students.

Presented in collaboration with the Institute of Comparative Law (ICL).

In conjunction with Prof. Armand de Mestral's Resolution of International Disputes course.

January 10: ICL Dispute Resolution Lecture

Faculty of Law - McGill University (Montreal)

Title: "Arbitration in Japan and Asia"
Speaker: Haig Oghigian (Partner - Litigation and Dispute Resolution Group at Baker & McKenzie, Tokyo)

A talk directed at undergraduate and graduate students.

Presented in collaboration with the Institute of Comparative Law (ICL).

In conjunction with Prof. Armand de Mestral's Resolution of International Disputes course.

2007

December 12: International Arbitration in China

Faculty of Law - McGill University (Montreal)

-"CIETAC Arbitration Practice"
Speaker: Yu Jianlong (Vice Chairman and Secretary General - CIETAC)

- "Key Issues in Chinese Arbitration Law"
Speaker: Fei Ning (Managing Partner - Haiwen & Partners, Shanghai)

- "Foreign Investment in China"
Speaker: Yang Xiao Chuan (Founding Partner - The Law Offices of Jiahe, Beijing)

Presented in collaboration with the China International Economic and Trade Arbitration Commission (CIETAC), the Institute of Comparative Law (ICL) and the law firm of Ogilvy Renault LLP.

November 29 - 30: Looking Back, Looking Forward - Judicial Independence in Canada and the World Conference

Faculty of Law - University of Toronto (Toronto)

"New Frontiers in Judicial Independence"
Moderator: The Honourable Pierre Dalphond (Quebec Court of Appeal)
Speakers: Fabien Gélinas (Professor - McGill University), Carol Rogerson (Professor - University of Toronto), Rollie Thompson (Professor - Dalhousie University), Peter Russell (University Professor Emeritus - University of Toronto) and Jacob Ziegel (Professor Emeritus - University of Toronto)

November 7: Les matinées constitutionnelles

Faculty of Law - Université de Montréal (Montreal)

"Arbitration and Judicial Power Under the United States Constitution"
Speakers: Peter Bowman Rutledge (Professor - Catholic University of America) and Roderick Macdonald (Professor - McGill University)

Presented in collaboration with the Centre de recherche en droit public (CRDP), the Regroupement Droit et changements, the Institute of Comparative Law (ICL) and the Law Faculties of Université Laval (available in French only), McGill University and Université de Montréal.

October 23 - 24: "État de droit et virtualité" Conference

Faculty of Law - Université de Montréal (Montreal)

Title: "Processus judiciaires virtuels"
Moderator: Karim Benyekhlef (Professor - Université de Montréal)
Speakers: Fabien Gélinas (Professor - McGill University) and Thomas Schultz (Researcher - Geneva University)

Presented in collaboration with the Centre de recherche en droit public (CRDP), the Regroupement Droit et changements and the Faculty of Law of Université de Montréal.

For more details (available in French only): Click here

October 19-20: Dispute Resolution Works in Progress Conference

Marquette University Law School (Milwaukee, Wisconsin)

Title: "Private Justice and the Rule of Law"
Speaker: Fabien Gélinas (Professor - McGill University)

A talk outlining the Private Justice and the Rule of Law project.

October 12: Civil Law Workshop

Faculty of Law - McGill University (Montreal)

Title: "Arrêt Dell Computer de la Cour suprême du Canada"
Speakers: Frédéric Bachand (Professor - McGill University), Pierre-Claude Lafond (Professor - Université du Québec à Montréal) and Geneviève Saumier (Professor - McGill University)

Presented in collaboration with the McGill Civil Law Workshops