Insights

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London International Disputes Week

11–14 May 2021

Jones Day is proud to be a founding member of London International Disputes Week, a collaborative, representative, world-class, forward-thinking body that demonstrates the UK legal community's commitment to innovation, excellence, upholding the rule of law, and diversity.

We are pleased to invite you to the following virtual member-hosted LIDW21 events, at which Jones Day lawyers, along with colleagues from other esteemed LIDW member organisations, will present on contemporary global issues facing the sector, including the rise of group actions, the role of technology, the rule of law, climate change, social responsibility, and ethics.

To register for these virtual events, please use the respective registration links provided. We hope to see you among the thousands connecting globally for these timely presentations.

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Demand Bonds and Performance Guarantees: Making and Resisting Calls on Securities in a Cash-Starved Economic Climate

Tuesday, 11 May • 08.30 – 09.30 BST • Add to Calendar

Hosted by: Jones Day, 4 Pump Court and Dentons

In the COVID-impacted global economy, project securities are more important than ever. Claims are rife. Insolvencies are on the rise. In this landscape, bonds and guarantees may offer "make or break" cash-flow for their beneficiaries – and correspondingly critical exposure for banks and guarantors. Calls on these securities typically involve two imperatives: move fast, and avoid pitfalls. Our panel will call on their experiences to help you do both. They will discuss key aspects of practice to equip delegates with practical tips for making, resisting, or advising on security calls.

Chair:

Fiona Sinclair QC, 4 Pump Court

Panel:

James Pickavance, Partner, Jones Day

Simon Hale, Barrister, 4 Pump Court

Niall Clancy, Senior Associate, Dentons

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Transnational Tort Claims: Responsibilities of UK Parent Companies Post-Vedanta

Tuesday, 11 May • 18.00 – 19.00 BST • Add to Calendar

Hosted by: Jones Day and Brick Court Chambers

Chair:

Harriet Territt, Partner, Jones Day

Panel:   

Rhys Thomas, Partner, Jones Day

Timothy Johnston, Barrister, Brick Court Chambers

Now, more than ever, UK parent companies need to ensure that they are not complicit in alleged human rights breaches in the age of COVID-19. In light of the Vedanta Supreme Court judgment, the alleged wrongs of foreign subsidiaries or group companies can now be litigated on our home shores. This session will focus on the growing impact of group litigation orders, red-flag risks to UK parent companies, and steps that UK parent companies can take to reduce the risk of transnational tort claims. 

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"Why? Because I Say So" – Contractual Discretions, Reasonableness, Rationality and Good Faith 

Wednesday, 12 May • 9.00 – 10.00 BST • Add to Calendar

Hosted by: Jones Day, 4 Pump Court, Simmons & Simmons

Contracts include terms giving parties discretions, e.g. to approve standards of workmanship. How do the courts approach such terms? Does a party exercising discretion have to be reasonable – or merely "rational"? What does "rationality" mean in a commercial context?

This panel debate looks at: 

  • The Supreme Court decision in Braganza v BP Shipping and the subsequent cases
  • "Reasonable" vs. "rational" decision-making in practice
  • The court's role; interpretation and "policing" a party's exercise of discretion
  • Whether commercial law has more to borrow from public law– and if so, in what ways?

Chair:

Claire Packman QC, 4 Pump Court

Panel:

James Pickavance, Partner, Jones Day

James Bowling, Barrister, 4 Pump Court

Leonie Sellers, Managing Associate, Simmons & Simmons

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Navigating the Quagmire: Conflicts in International Construction Arbitration

Thursday, 13 May • 9.00 – 10.00 BST • Add to Calendar

Hosted by: Jones Day, Atkin Chambers, White & Case, King's College London

Chair:

Chantal-Aimée Doerries QC, Head of Atkin Chambers

Panel:   

James Pickavance, Partner, Jones Day

Julian Bailey, Partner, White & Case

Professor Renato Nazzini, Director of the Centre of Construction Law and Dispute Resolution, King's College London 

On the subject of arbitrator and expert conflicts, the panel will analyse the interplay between institutional rules, guidelines, and recent case law in civil and common law jurisdictions. It will consider conflict of laws in the context of the choice of the seat, the applicable law of the arbitration agreement, and conflicts between courts in areas such as anti-arbitration and anti-suit injunctions. Across all three areas, it will offer some thoughts as to how conflicts are used as a way to delay or frustrate the arbitration process and offer some practical guidance as to how these tactics might be overcome.

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Climate Change, Public International Law and Disputes – Too Hot a Topic?

Friday, 14 May • 9.00 – 10.00 BST • Add to Calendar

Hosted by: Jones Day, Clifford Chance, 20 Essex St, Queen Mary University of London

The Paris Agreement signed by 195 countries in 2015 enshrines a commitment to limit the increase in global temperature to well below 2°C compared to pre-industrial levels, in order to avoid the worst effects of climate change. The upcoming COP26 summit will urgently address measures to be taken by States to meet this commitment in light of the continued rapid rise in global temperatures. But the scale of regulatory change and commitment required will test state policy-making and impact across business communities. This session will address the issue of climate change disputes from the perspective of public international law and specifically cover recent and potential climate change-related claims against states, including investor-State disputes, and the prospect of reform of investment treaties, such as the ECT, to accommodate climate change objectives.

Panel:

Michelle Bradfield, Partner, Jones Day

Jessica Gladstone, Clifford Chance

Wendy Miles QC, 20 Essex St

Norah Gallagher (Queen Mary University of London)

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In addition to signing up for these LIDW21 member-hosted events, please consider registering for LIDW21, which includes 16 virtual sessions delivered by leading experts in their fields, 4 unmissable keynote addresses by high-profile dispute resolution figures, and many vital opportunities to network with colleagues from around the world. Read more about LIDW21.

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