1

ICC CANADA

C O N F E R E N C E

I N T E R N A T I O N A L

BANFF, AB

MOUNTAINSRE-ENERGIZING IN THE

October 17 - 18, 2019

2

PROGRAM

Thursday, October 17

5:30 p.m. – 7:00 p.m. Welcome Reception & Registration Riverview Foyer, Fairmont Banff Springs Hotel, 405 Spray Ave. Friday, October 18

8:15 a.m. – 8:45 a.m. Registration and Continental Breakfast Alhambra Room, Fairmont Banff Springs Hotel, 405 Spray Ave.

8:45 a.m. – 9:00 a.m. Welcome to the Conference

9:00 a.m. – 10:00 a.m. Tour d’horizon: New Developments in International Arbitration Start the day off with an around-the-world tour of recent developments in international arbitration.

• Moderator: Eric Morgan, Osler, Hoskin & Harcourt LLP (Toronto)

• Elizabeth Montpetit, Mishcon de Reya LLP (London)• Laura Cundari, Blake, Cassels & Graydon LLP (Vancouver)• Patricia Snell, Covington & Burling LLP (London)

10:00 a.m. – 11:00 a.m. The Future of Oil and Gas Arbitrations in Canada and Abroad Against the background of depressed oil and gas prices and the challenges of getting pipelines to market in Canada, this panel will focus on what the guest speakers are seeing in oil and gas arbitrations today and what is on the horizon tomorrow—both in Canada and abroad.

• Moderator: Elizabeth Whitsitt, Faculty of Law, University of Calgary (Calgary)

• Ann Ryan Robertson, Locke Lord LLP (Houston)• David Haigh, Q.C., Burnet, Duckworth & Palmer LLP (Calgary)• Peter Dinnick, Imperial Oil Limited (Calgary)

11:00 a.m.– 11:30 a.m. Morning Coffee

11:30 a.m. – 12:30 p.m. Users Speak: What Works (and Really Doesn’t) Ever wonder what users of arbitration really think? Our esteemed panel of “clients” provide their candid views on the arbitration process.

• Moderator: Alexandra Mitretodis, Fasken Martineau DuMoulin LLP (Vancouver)

• Jung Lee, Encana Corporation (Calgary)• Cynthia Randall, Microsoft Corporation (Seattle)• Ramneek Padda, TELUS Communications Inc. (Vancouver)

3

12:30 p.m. – 1:45 p.m. Lunch

1:45 p.m. – 2:45 p.m. The Advent of Climate Change and Environment-related Disputes Climate change is the “hot topic” of the day. This panel will provide different perspectives on the increasing relevance of climate change and the environment in arbitrations and disputes in Canada and around the world.

• Moderator: Jennifer Haworth McCandless, Sidley Austin LLP (Washington)

• Bob Rooney, Enbridge Inc. (Calgary)• Patrick Thieffry, Independent Arbitrator (Paris)• Scott Little, Global Affairs Canada (Ottawa)

3:00 p.m. – 4:10 p.m. The Probative Value of Witness Evidence A judge turned arbitrator, fellow of the American College of Trial Lawyers and experienced arbitration counsel weigh in on the probative value of witness evidence and how to best maximize written and oral evidence in an arbitration hearing.

• Moderator: Michael Kotrly, One Essex Court (London)• Ian Binnie, C.C., Q.C., Lenczner Slaght Royce Smith Griffi n LLP

(Toronto)• Clarke Hunter, Q.C., Norton Rose Fulbright Canada LLP

(Calgary)• Hinda Rabkin, Freshfi elds Bruckhaus Deringer LLP (New York)

4:10 p.m. – 4:20 p.m. Concluding Remarks

6:00 p.m. – 10:00 p.m. Reception & Dinner Alberta Room, Fairmont Banff Springs Hotel, 405 Spray Ave

For ICC Canada Arbitration members and dinner ticket holders.

3

4

CONTINUING PROFESSIONAL DEVELOPMENT

This program has been approved by the Law Society of British Columbia for 5 hours of continuing professional development.

For Alberta lawyers, consider including this program as a CPD learning activity in your mandatory annual Continuing Professional Development Plan as required by the Law Society of Alberta.

This program may be eligible toward the Law Society of Upper Canada’s CPD requirement as substantive hours. Please note this program is not accredited for professionalism hours.

This training activity has been approved by the Barreau du Québec for 5 hours of continuing professional development.

5

CONFERENCE CO-CHAIRS

Joanne Luu, Burnet, Duckworth & Palmer LLP

Joanne Luu is a senior associate at Burnet, Duckworth & Palmer LLP in Calgary with a broad commercial litigation and arbitration practice, focused on complex and high stakes disputes. She has appeared at all levels of court in Alberta and at the Alberta Securities Commission and has acted as counsel and tribunal secretary in arbitrations seated in Canada and abroad.

Notable work includes representing a foreign country in an ad hoc arbitration, a leading global manufacturer in a complex commercial dispute that culminated in

a successful 2.5 month civil trial, companies in highly publicized proxy battles and directors and officers in insider trading cases and other securities litigation.

Joanne is actively involved in the arbitration and energy communities. She has co-authored book chapters in The Leading Practitioners’ Guide to International Oil & Gas Arbitration and Arbitration World. She is also an executive and board member of the Young Canadian Arbitration Practitioners (YCAP), a North American representative for the ICC Young Arbitrators Forum (ICC YAF) and a member of the Petroleum Accountants Society of Canada (PASC) Committee, working to update the PASC accounting procedure.

Prior to joining BD&P, Joanne clerked at the Alberta Court of Appeal and worked at the Canadian Department of Foreign Affairs and International Trade.

John Siwiec, Perley-Robertson, Hill & McDougall LLPJohn Siwiec is an associate at Perley-Robertson, Hill & McDougall LLP with expertise in commercial disputes, including in the areas of international arbitration, commercial litigation and intellectual property. He has acted for clients in relation to complex contractual disputes, including those arising from construction projects, shareholders’ agreements, and the sale of goods and services as well as in the recognition and enforcement of international arbitration awards and foreign judgments.

John has experience in ICC, LCIA, ICDR and other institutional arbitrations in addition to ad hoc proceedings, both as counsel and arbitrator, and has appeared before the Ontario Superior Court of Justice, the Court of Appeal for Ontario, the Quebec Superior Court (Commercial Division), the Federal Court and the Federal Court of Appeal.

John has taught a course at the University of Ottawa’s law faculty in international arbitration and co-coached the university’s Willem C. Vis International Commercial Arbitration Moot team.

John has served as the President of Young Canadian Arbitration Practitioners (YCAP) and has been selected by Global Arbitration Review (GAR) for recognition in the Future Leaders section of Who’s Who Legal: Arbitration.

6

SPEAKERSWelcome and Opening Remarks

Tina Cicchetti, Chair, ICC Canada

Tina Cicchetti is a leading arbitration practitioner based in Dallas, Texas. Tina is an independent resident neutral at Vancouver Arbitration Chambers (VAC) and a member arbitrator at Arbitration Place in Toronto. She has served as sole arbitrator and tribunal chair in ad hoc and institutional arbitrations. Tina also has extensive experience as counsel in commercial and investment treaty arbitrations.

Tina is active in the arbitration community. She is the Chair of the International Arbitration Committee of the Canadian Chamber of Commerce (ICC Canada), a board member of the Western Canada Commercial Arbitration Society (WCCAS), a former President and a current advisory board member of the Young Canadian Arbitration Practitioners (YCAP), a member of the ICDR Canadian Advisory Committee and a former member of the Regional Coordinating Committee of the North American Chapter of ICC’s Young Arbitrators’ Forum (YAF). In 2016, Tina was appointed by the Canadian government as a member of the NAFTA 2022 Committee and invited by the Attorney General for British Columbia to join an Arbitration Advisory Group on legislative reform and promotion of Vancouver as a seat for international arbitration. She is also a member of the ITA Board of Reporters (Canada). In 2018, Tina was appointed by the Canadian government to the roster of candidates to serve on panels established under Chapter 19 of the North American Free Trade Agreement (NAFTA).

Tina has been ranked by clients and peers in Chambers Global and Chambers Canada for Arbitration. She is listed in WWL Thought Leaders: Arbitration 2019. Tina was named the Best Lawyers® 2018 Vancouver International Arbitration “Lawyer of the Year” and selected by her peers for inclusion in Best Lawyers® in Canada for her work in International Arbitration. She has also been recognized by Who’s Who Legal – Arbitration, Who’s Who Legal Arbitration – Future Leaders and Who’s Who Legal Canada – Arbitration. In 2017, Tina was also named as a “Litigation Star” for Arbitration in British Columbia by Benchmark Canada. Since 2014, Tina has been consistently recognized by Lexpert®, including the Lexpert® Guides Leading U.S.-Canada Cross-Border Litigation Lawyers for International Commercial Arbitration. She is also listed in the 2018 and 2019 Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada.

Professor Janet Walker, C Arb, Vice Chair, ICC Canada

Janet Walker practises as an international arbitrator from chambers in Toronto at Arbitration Place, in London at Outer Temple Chambers and in Sydney, Australia. Janet has served as sole, presiding, and co-arbitrator in ICC, ICDR, DIAC, HKIAC, SIAC and in ad hoc arbitrations in a variety of seats. Her matters have covered a range of industries, including construction, heavy equipment, M&A, shareholder, distribution, intellectual property, environmental, finance and employment.

Janet is a Chartered Arbitrator, a member of the panels of AIAC, ACICA, BVI, CIETAC, HKIAC, ICDR, JCAA, KCAB, Shanghai, Shenzhen, SIAC, Ukraine, and Canadian Transport Agency and a member of Arbitralwomen, LCIA, IBA, ICCA, TCAS, Worshipful Company of Arbitrators and the board of CIArb Canada. She has been recognized regularly in legal directories for her skill as an arbitrator since 2010, including in Who’s Who, Chambers & Partners, and Best Lawyers, and in 2018, she received the CIArb Canada Award for Distinguished Service in Arbitration.

Janet is professor of law and past associate dean of Osgoode Hall Law School, a member of the Bar of Ontario and a licensed legal consultant of the New York State Bar. Her writings include the leading Canadian text on private international law and various monographs, casebooks and articles on international and comparative dispute resolution. She has a good working knowledge of Spanish and French.

7

Tour d’horizon: Updates from Around the WorldModerator

Eric Morgan, Osler, Hoskin & Harcourt LLP

Eric Morgan is a senior litigation associate with a broad civil litigation practice at Osler’s office in Toronto. Eric was a North American representative for ICC YAF from 2017 to 2019 and currently sits on the advisory board of YCAP and co-chairs its Policy and Advocacy subcommittee. He has completed the Toronto Commercial Arbitration Society Gold Standard Course in Commercial Arbitration. Eric has also made submissions to the Ontario Legislature regarding arbitration legislation.

Panellists

Elizabeth Montpetit, Mishcon de Reya LLP

Elizabeth Montpetit is a managing associate in the international arbitration group, in the dispute resolution department of Mishcon de Reya LLP.

Her practice focuses on commercial arbitration and investment arbitration. She has been involved in numerous arbitrations governed by the ICC, LCIA, UNCITRAL as well as ad hoc arbitrations. Her practice covers a range of industries, including energy, telecommunications, construction and infrastructure.

Elizabeth began her career at a Canadian litigation firm, working in the area of international arbitration as well as commercial and civil litigation. Elizabeth also completed the Fox Scholarship in London, working for three barristers’ chambers specializing in commercial law and international arbitration. She is dual qualified in the U.K. and Canada.

Elizabeth has also worked on international pro bono matters relating to human rights and freedom of expression before international treaty-based bodies and UNESCO.

Laura Cundari, Blake, Cassels & Graydon LLP

Laura Cundari is a litigation and arbitration partner at Blake, Cassels & Graydon LLP in Vancouver. She has significant expertise in the arbitration of complex disputes and regularly advises clients on all aspects of arbitration proceedings, including drafting arbitration clauses, interim orders, hearing processes and the enforcement of arbitral awards. Her arbitration experience includes both international and domestic institutional and ad hoc arbitrations. She has particular expertise arbitrating claims in the energy industry.

Laura is a Fellow of the Chartered Institute of Arbitrators (CIArb) and is a Director of both the Canada Branch and the Vancouver Chapter of the Canadian Branch of the CIArb. She also sits on the board of directors of the British Columbia International Commercial Arbitration Centre. She is an Expert Annotator for Quickscribe in the areas of domestic and international arbitration legislation.

Laura is recognized in The Best Lawyers in Canada 2020 (Corporate and Commercial Litigation). She is also recognized as a leading lawyer by Benchmark Litigation Canada in 2018 and 2019 (Future Litigation Star - Litigation & Dispute Resolution) and was named in Benchmark Litigation’s 40 & Under Hotlist in 2018 and 2019.

8

Patricia Snell, Covington & Burling LLP

Patricia Snell is an associate with the London office of Covington & Burling LLP. Prior to working in London, Patricia worked in international arbitration in Paris and Dubai with Freshfields Bruckhaus Deringer LLP. She completed a bachelor of arts (Hon.) in law at the University of Cambridge and an LL.M at the University of Toronto. She is qualified to practise in New York and Ontario.

The Future of Oil and Gas Arbitrations in Canada and AbroadModerator

Elizabeth Whitsitt, University of Calgary, Faculty of Law

Elizabeth Whitsitt is an associate professor in the faculty of law at the University of Calgary. Elizabeth’s research focuses on areas of international economic law and arbitration. Elizabeth is appointed to the NAFTA Chapter 19 Roster for binational panels. She also serves as a member of the Joint Public Advisory Committee under the North American Agreement for Environmental Cooperation. For 2019-2020, Elizabeth is Scholar-in-Residence at WilmerHale LLP.

Panellists

Ann Ryan Robertson, Locke Lord LLP

Ann Ryan Robertson, an international partner with the firm of Locke Lord LLP and also serves as Vice-President and Trustee of the Chartered Institute of Arbitrators. Named to Global Arbitration Review’s Who’s Who Legal: Arbitration since 2015, Ann is a recognized expert in the field of international arbitration. She serves as both arbitrator and counsel in complex business disputes across a number of industries. Ann has been named to The Best Lawyers in America since 2014, and in 2014 and 2017, was named Lawyer of the Year, International Arbitration

-Governmental (Houston) by The Best Lawyers in America. She has also been honored by Texas Lawyer as one of 30 “Extraordinary Women in Texas Law.” Ann is a member of the panels of neutrals for the ICDR, AIAC, BVI IAC and KCAB and serves as Chair of the ICDR Task Force on Rule Revisions. A frequent speaker in the field of arbitration, Ann is an adjunct professor at the University of Houston Law Center and, for the past 18 years, has coached the Law Center’s Willem C. Vis Moot team.

99

David Haigh, Q.C., Burnet, Duckworth & Palmer LLP

David R. Haigh, Q.C. is a senior partner with the Calgary law fi rm of Burnet Duckworth & Palmer LLP where he has practised as a commercial litigation counsel in the Canadian courts and as an advocate and arbitrator in the fi eld of international commercial arbitration. He has served as an arbitrator on numerous international commercial arbitration and investor-state panels. He has also acted as counsel on a wide variety of arbitration matters, including ad hoc, institutional, private and investor-state disputes.

David served as the national chairman of the Canadian ICC Committee for six years and as a director of the American Arbitration Association (“AAA”) for 12 years. David has been a Fellow of the Chartered Institute of Arbitrators for many years and is now a Chartered Arbitrator. He is also a Fellow of the American College of Trial Lawyers and a Founding Member of the Western Canada Commercial Arbitration Society.

David has been recognized as a panellist on the Energy Arbitrators List published by the ICDR and is also a panellist with numerous well-recognized international arbitration centres, including conducting arbitrations in recent years among a large variety of nationals and state entities.

Peter Dinnick, Imperial Oil Limited

Peter Dinnick graduated from the University of Adelaide (South Australia) with a B.Sc. honors degree in geology in 1985 and worked in the Australian mining industry (gold and nickel) with Western Mining Corporation before returning to law school in 1987. He was subsequently admitted to the Bar in South Australia in 1991 and worked in private practice until joining Esso Australia’s Law Department in 1994 while also gaining admission to the Bar in the State of Victoria.

Peter undertook various assignments within Esso Australia’s Law Department before being assigned to the law department of Mobil Producing Nigeria Unlimited in 2004 as the International Contracts and Projects Manager. Between July 2007 and May 2012, Peter was the General Counsel of Exxon Neftegas Limited (ENL), operator of the Sakhalin 1 Project based in Yuzhno-Sakhalinsk, Sakhalin Island (Far East Russia) and ExxonMobil Russia Inc. (Moscow) and manager of the law function in Russia for ExxonMobil. Beginning in May 2012, Peter was the Assistant General Counsel, Upstream with Imperial in Calgary and after completing NCA, articling and CPLED requirements, was admitted to the Alberta Bar in April 2015. On January 1, 2017 Peter became Vice President and General Counsel of Imperial.

10

Users Speak: What Works (and Really Doesn’t)Moderator

Alexandra Mitretodis, Fasken Martineau DuMoulin LLP

Alexandra Mitretodis is a member of Fasken Martineau DuMoulin’s litigation and dispute resolution group. She has a particular focus in competition law, commercial litigation and both domestic and international commercial arbitration. Alexandra acts as counsel in domestic and international commercial disputes covering a variety of industries, including mining, technology and banking.

Alexandra has experience with cases under various arbitration rules, including the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA), the United Nations Commission on International Trade Law (UNCITRAL), the International Centre for Settlement of Investment Disputes (ICSID) and the British Columbia International Commercial Arbitration Centre (BCICAC). Alexandra is President and a board member of the Young Canadian Arbitration Practitioners (YCAP), a member of the Regional Coordinating Committee of the North American Chapter of ICC’s YAF and a member of ICC Canada.

Alexandra is fluent in English and French and has a working knowledge of Spanish. Alexandra has both common law and civil law degrees.

Panellists

Jung Lee, Encana Corporation

Jung Lee is Associate General Counsel & Director of Litigation and Compliance at Encana Corporation, based in Calgary, Alberta, Canada. Jung and her team manage all international, U.S., and Canadian disputes and compliance matters, including antitrust, privacy and employment issues for the company. The team has been involved in a wide range of international and domestic commercial arbitrations, class arbitrations/actions, mediations and litigation matters in various jurisdictions. She is responsible for developing and coordinating litigation governance and management processes across the company to ensure consistency and efficiency.

Prior to joining Encana in 2014, Jung was a partner in the litigation group at Norton Rose Fulbright LLP in Calgary. While there, she focused on complex commercial litigation and arbitration and worked with international and Canadian energy companies. Jung received her bachelor of laws from the University of Alberta in 2001, following which, she clerked at the Alberta Court of Appeal and the Court of Queen’s Bench and articled at Macleod Dixon LLP.

Cynthia Randall, Microsoft Corporation

Cynthia Randall is Assistant General Counsel at Microsoft where she handles class action, commercial and antitrust litigation, including international arbitrations. Cindy has 25 years of complex litigation experience, including in-house roles at Verizon and Cigna and law firm experience with Dechert LLP and Saul Ewing LLP.

Cindy is a graduate of Duke University and the University of Pennsylvania Law School. She serves on the Class Action Committee of Lawyers for Civil Justice and

the Liability Reform Committee of the U.S. Chamber Litigation Center. She is the Co-chair of the In-House Committee of the Federal Bar Association for the Western District of Washington and a member of the William Dwyer Inn of Court.

11

Ramneek Padda, TELUS Communications Inc.

Ramneek Padda is Senior Litigation Counsel with TELUS Communications Inc. where he has a broad civil litigation practice. Ramneek has appeared as counsel in commercial arbitrations and at all levels of court in British Columbia. He has also been instructing counsel on a number of significant litigation matters, including on intellectual property, complex leasing and insolvency/CCAA claims.

Prior to joining TELUS in 2011, Ramneek clerked for the Supreme Court of British Columbia from 2006 to 2007 and worked as a litigator for several years with Owen Bird in Vancouver, B.C. In 2017, Ramneek was the recipient of the LEXPERT Rising Stars: Top 40 Leading Lawyers Under 40 in Canada Award.

The Advent of Climate Change and Environment-Related DisputesModerator

Jennifer Haworth McCandless, Sidley Austin LLP

Jennifer Haworth McCandless serves as counsel in complex international arbitration cases with a focus on investment treaty arbitration. She has advised and represented private and sovereign clients in proceedings before ICSID and its Additional Facility, the ICC and other arbitral institutions as well as in ad hoc arbitration, such as under the UNCITRAL Arbitration Rules. She has also advised and represented private parties and governments in WTO disputes. In addition, she counsels clients on the implications of investment rules for their global operations.

Jennifer is consistently recognized for her arbitration work and is listed as a recommended lawyer in International Arbitration The Legal 500 Latin America 2013 to 2014 and The Legal 500 2014 to 2015. In the most recent edition of The Legal 500, Jennifer is praised as “outstanding” and “never tires of responding to questions.” She is also named as one of the Top 250 Women in Litigation by Benchmark. Jennifer was recognized by Latinvex as one of Latin America’s Top 100 Female Lawyers in 2018 and 2019 for her work in international arbitration. In 2019, Jennifer was recognized by Euromoney as one of the Top 30 Commercial Arbitration Experts in the United States and she had received the Best in Commercial Arbitration Award in 2018.

Jennifer has spoken on international arbitration and investor-state dispute resolution, including at seminars and workshops sponsored by American University’s Washington College of Law, the U.S. Council for International Business’s Young Arbitrators Forum and the International Law Section of the D.C. Bar. Jennifer also served as a member of the Investment Subcommittee of the U.S. State Department’s Advisory Committee on International Economic Policy Regarding the U.S. Model Bilateral Investment Treaty in 2009 and Regarding the Implementation of the OECD Guidelines for Multinational Enterprises in 2010.

12

Panellists

Bob Rooney, Enbridge Inc.

Bob Rooney was appointed Enbridge’s Executive Vice President and Chief Legal Officer on February 1, 2017. Bob leads Enbridge’s Legal and Aviation teams across the organization and also serves on the executive leadership team. Bob has over 30 years of energy sector experience and has held roles of senior executive, advisor, founder, director and chairman of public and private entities. Bob has significant experience in strategic planning and execution, capital allocation, leadership and management, mergers and acquisitions, corporate finance,

domestic and cross-border transactions, business functions and operations, enterprise risk management, corporate governance and government and stakeholder relations. Before joining Enbridge, Bob was Managing Director of a start-up oil and gas company. Prior to that, he was Executive Vice President, Corporate of Talisman Energy Inc. and then served as Vice Chairman and director of Repsol Oil & Gas Canada Inc. In addition, Bob was a partner at Bennett Jones LLP where he was a member of the executive committee and co-leader of the energy and natural resources group.

Bob is currently a board member of RimRock Oil & Gas and is the Chair of Canada’s Sports Hall of Fame. He attended the University of Calgary, earned an LL.B. from the University of Western Ontario, is a member of the Law Society of Alberta and was awarded a Queen’s Counsel designation in 2012.

Patrick Thieffry, Independent Arbitrator

Patrick Thieffry is an independent arbitrator with as main areas of practice environmental law and construction. A member of the Paris and New York Bars, he has a wide experience of international transactions and transnational disputes.

He has been acting as counsel, sole arbitrator and chairman of arbitral tribunals since the 1980s in complex environmental and energy matters and large construction projects in the EU, the U.S. and the Middle East.

Patrick was a co-chair of the ICC Task Force on Arbitration of Climate Change Disputes and head of the ICC Working Group on the Global Pact for the Environment.

Patrick has been teaching environmental law at the Sorbonne School of Law since 1996 where he was associate professor until 2019. He authored a Handbook of European Environmental Law (Bruylant, 2018, 402 pages), a Traité de droit de l’environnement de l’Union européenne (Bruylant, 3nd ed., 2015, 1412 pages) and a Manuel de droit de l’environnement de l’Union européenne (Bruylant, 2nd ed., 2017, 396 pages) and many articles.

He holds degrees in international economics and in international private and business law, practised in the United States for five years and presented a PhD thesis on the instruments of environmental law.

13

Scott Little, Global Affairs Canada Scott Little has enjoyed over 20 years experience in the field of international trade and investment law in the private, public and international sectors. Scott currently serves as General Counsel to the investment and services division (JLTB) of the Government of Canada’s Trade Law Bureau. He has acted as case lead in a number of recent investor-state arbitrations against the Government of Canada under NAFTA Chapter Eleven, including the recently concluded Bilcon v. Canada arbitration.

Scott has also served as legal advisor to Canadian negotiators in past and ongoing free trade agreement and bilateral investment treaty negotiations, including the CETA, CPTPP and the new NAFTA, and is currently Canada’s chief legal counsel in the ongoing Canada-MERCOSUR FTA negotiations. He is a past consultant to the rules division of the World Trade Organization Secretariat and a member of the Law Society of Ontario and the New York State Bar.

The Probative Value of Witness EvidenceModerator

Michael Kotrly, One Essex Court

Michael Kotrly has represented corporate clients in commercial disputes across a variety of sectors for over 10 years, with experience in commercial arbitration, investor-state arbitration and litigation.

Following a clerkship at the Federal Court of Appeal, he practised in the Toronto and Dubai offices of Norton Rose Fulbright LLP (previously Ogilvy Renault LLP). Most recently, he was a senior associate in the international arbitration group of

Freshfields Bruckhaus Deringer LLP in London. As part of his transfer to the English Bar (where he will pursue an independent practice), Michael is currently a pupil barrister at One Essex Court, a leading commercial set of barristers’ chambers in London.

Michael has been listed as a Future Leader in Arbitration by Who’s Who Legal since 2018 and was featured as a Rising Star in the Legal 500 International Arbitration Powerlist UK. Michael also served as a member of the ICC Task Force on Maximizing the Probative Value of Witness Evidence. He graduated with a juris doctor degree from the University of Toronto Faculty of Law and an honours bachelor of arts degree in economics from the University of British Columbia. He tweets about all matters legal and culinary at @KotrlyFoodCourt.

14

Panellists

Ian Binnie, C.C., Q.C., Lenczner Slaght Royce Smith Griffi n LLP

One of Canada’s most respected arbitrators and advocates, the Honourable Ian Binnie served for nearly 14 years as a Justice of the Supreme Court of Canada. When he retired in 2011, he was described by The Globe and Mail as “arguably the country’s premier judge” and by La Presse as “peut-être le juge le plus infl uent au Canada dans la dernière décennie.”

During his time on the country’s top court (as only the fourth modern Justice appointed directly from the bar), Ian authored more than 170 opinions, including in landmark cases involving corporate and commercial disputes, issues of contractual interpretation and torts, patent interpretation and validity, Aboriginal rights, copyright and protection of trade-marks, media law, punitive damages, expert evidence and many other aspects of constitutional, criminal and administrative law.

In his role, Ian shares strategic and practical advice, as well as his dispute resolution expertise, with his colleagues and the fi rm’s clients. In doing so, he draws not only on his judicial insights, but also his wealth of courtroom experience as one of Canada’s top litigators. Over the course of three decades, he argued cases in most of the common law provinces and appeared regularly before the Supreme Court on a range of constitutional, civil and criminal matters.

Throughout his career as a litigator, Ian has often taken on public service roles. In the early 1980s, he served for four years as Canada’s Associate Deputy Minister of Justice. He was later appointed Special Parliamentary Counsel to the Joint Committee of the Senate and the House of Commons on the Meech Lake Accord. An elected member of the International Commission of Jurists, he has appeared before the International Court of Justice and various international tribunals in governmental litigation matters, and has acted as Canadian representative in high-profi le disputes involving France and the U.S.

15

Clarke Hunter, Q.C., Norton Rose Fulbright Canada LLP

Clarke Hunter has practised in Calgary since 1980, following a clerkship with Chief Justice Laskin at the Supreme Court of Canada. He has represented clients on a broad range of subject matters in domestic and international arbitrations and mediations, in the courts in Alberta and two other provinces, and in the Federal Court, the Tax Court and the Supreme Court of Canada. He and his wife of over 40 years, Adele, have four married daughters and 10 grandchildren. In the profession, he has taught advocacy skills and served

on the Professional Responsibility and Conduct Committees of the Law Society of Alberta. He is a Fellow of the American College of Trial Lawyers and a member of the Supreme Court of Canada Advocacy Institute, the Western Canada Commercial Arbitration Society and the Advocates Society. In the community, he has served as a director on the boards of the Calgary Kiwanis Music Festival, YMCA Calgary and YMCA Canada, has worked on two capital campaigns for YMCA Calgary and continues as a member of its board of governors.

Hinda Rabkin, Freshfi elds Bruckhaus Deringer LLP

Hinda Rabkin is trained in civil and common law and has extensive experience as counsel in commercial, construction and investment treaty arbitrations conducted under the ICSID, ICC, LCIA, UNCITRAL and PCA rules. Hinda has also acted as tribunal secretary in commercial, investor state and interstate disputes. She is committed to pro bono work and has represented human rights complainants before the African Commission on Human and Peoples’ Rights.

15

complainants before the African Commission on Human and Peoples’ Rights.

16

ICC CANADA

C O N F E R E N C E

I N T E R N A T I O N A L

S E S S I O N S

R E C E P T I O N L A N Y A R D S

Exclusive and Official Airline

S U P P O R T I N G