ACADEMIC PROGRAMME
INNOVATIVE CLAIMS AND PROCEEDINGS
Organised by the Antitrust, Litigation, International Arbitration and Commercial Fraud Commissions
Session #3
DATE & TIME
LOCATION
Wednesday, 25 August
15:45 – 17:00 CEST
Millennium Ballroom and online
DESCRIPTION
The pandemic has deeply transformed the way claims and proceedings are conducted across the globe. Civil and criminal litigators, arbitrators, and courts have been forced to innovate and embrace technology and new working methods. Whilst lawyers and judges are often accused of being massively resistant to change, they are no longer sceptical of legal technology.
It’s therefore time to keep up the momentum and act. Innovation will undoubtedly continue, but what does the future hold and how will lawyers and courts continue to innovate?
Join this workshop held by the AIJA Litigation, International Arbitration, Antitrust, and Commercial Fraud Commissions. This is an essential workshop for any litigator or arbitrator in which we will examine the impact of innovation on claims and proceedings, including in the context of group and collective actions. We’ll also discuss other hot topics such as the ‘Courtroom of the future’.
SPEAKERS & MODERATORS
Justice Mahmud Jamal
Judge Supreme Court of Canada, Canada
Justice Mahmud Jamal was appointed to the Supreme Court of Canada on July 1, 2021. He previously served as a Justice of the Court of Appeal for Ontario, where he rendered decisions in all areas of the Court’s civil and criminal jurisdiction.
Before his appointment to the bench, Justice Jamal practised with the law firm of Osler, Hoskin & Harcourt LLP in Toronto for over 23 years in the fields of appellate litigation, constitutional and public law, class actions, and commercial litigation. He appeared as counsel before the Supreme Court of Canada in wide range of civil, constitutional, criminal, and regulatory cases. He also appeared before various provincial courts across Canada, the Federal Court, Federal Court of Appeal, and Tax Court of Canada, and federal and provincial administrative tribunals.
As a lawyer, Justice Jamal was a director of the Canadian Civil Liberties Association, The Advocates’ Society, and the Osgoode Society for Canadian Legal History. He was an advocacy advisor to the Supreme Court Advocacy Institute and a trustee of the Canadian Business Law Journal. He has taught constitutional law at the Faculty of Law, McGill University, administrative law at Osgoode Hall Law School, and published widely in his areas of practice. He was also chair of his firm’s national pro bono program for many years and a member of its Partnership Board.
Justice Jamal was born in Kenya, raised in England, and completed high school in Edmonton, Alberta. He received a Bachelor of Arts degree from the University of Toronto, Bachelor of Laws and Bachelor of Civil Law degrees from the Faculty of Law, McGill University, and a Master of Laws from Yale Law School, which he attended on a Fulbright Scholarship. He served as law clerk to Justice Melvin L. Rothman of the Quebec Court of Appeal and Justice Charles D. Gonthier of the Supreme Court of Canada.
Maximilian Weiss
BSB Quack Gutterer, Germany
Maximilian is a partner at BSB Quack Gutterer in Stuttgart, Germany. Max focuses on dispute resolution in complex financial and cross-border disputes within the areas of banking and capital markets law and financial markets related antitrust law. Max is experienced in dealing with mass proceedings and collective redress tools. In particular, he has handled proceedings under the German Capital Markets Model Case Act (KapMuG) in which billions of Euros were in dispute.
In addition, Max advises companies planning to issue financial instruments by preparing legally compliant prospectuses and contracts. Max also advises on related regulatory issues and represents clients vis-à-vis German financial regulator BaFin.
Michelle Wiesner Lameth
Rosinus & Rechtsanwälte PartG mbB, Germany
Michelle is a partner and co-founder of Rosinus | Partner Rechtsanwälte PartG mbB, a German-based boutique law firm that has been named law firm of the year 2020 for White Collar Crime and Tax Criminal Law (JUVE). Michelle has extensive experience in defending clients against allegations of white-collar crime and tax offences as well as regulatory penalty or sanction procedures and is often involved in cases and investigations spanning multiple jurisdictions. She also regularly advises on compliance, asset recovery and management liability.
Kajal Patel
Cooke, Young & Keidan LLP, United Kingdom
Kajal specialises in high–value, complex commercial dispute resolution work (litigation and arbitration) for both domestic and international clients. Her experience encompasses civil fraud, banking and finance, partnership and shareholder disputes and technology disputes. Some of the notable cases on which Kajal has worked include ground-breaking litigation relating to the mis-selling of financial products and benchmark manipulation, acting for a fund manager in relation to high value Commercial Court fraud proceedings associated with the investment of Libyan government funds into complex structured products and advising high-net worth clients who have been the victim of sophisticated cryptocurrency fraud.
Stephane de Navacelle
Navacelle, France
Stéphane de Navacelle, member of the Bar in New York (2005) and Paris (2008), founded Navacelle in 2010.
He practices corporate litigation, predominantly in criminal law, regulatory, internal investigations, compliance, complex litigation and arbitration in New York, London and Paris.
With over 15 years’ experience in investigations in France and abroad, led in part in connection with French, foreign or international organisations, he advises entities in rolling out and auditing ethics and compliance programs; and was appointed Independent Compliance Monitor (2017-2019) and Expert (2019) pursuant to Negotiated resolution agreements between European conglomerates with a global reach and the World Bank.
Former member of the Paris Bar Council (2017-2019), Stephane currently serves the Bar as Ethics committee and Disciplinary review board member; he is Bar President délégué for influence through law.
He has been identified as a leading practitioner by Chambers & Partners, Legal 500 (France, EMEA), Who’s Who Legal, Leaders’ League, GIR, Experts’ guide.
Wendy Miles QC
Twenty Essex, United Kingdom
Wendy Miles QC is a specialist in international arbitration and dispute resolution with a focus on private and public international law. Wendy has specific experience in the field of climate change and finance.
With over 25 years of experience, Wendy has advised on international law matters and conducted arbitrations under all the major institutions and ad hoc. She has advised a wide range of multinationals, including corporates, sovereign States and State entities and multilateral State organisations.
Wendy has assisted clients across numerous sectors, including energy, natural resources, banking, insurance, financial services, gaming, manufacturing, pharmaceutical, licensing, telecommunications and construction. She has sat as arbitrator since 2005, as sole, co-arbitrator and chair under most major arbitral institutions. Wendy has been appointed by the United Kingdom to the ICSID Panel of arbitrators and ICSID Panel of conciliators effective from 10 November 2020.
In the field of climate change and finance, Wendy acts as global coordinating counsel to various major corporates in relation to climate change transition, disclosure, reporting, compliance and investment. She regularly advises investors and States in respect of climate related physical, transition and litigation risk. She works closely with a number of States in relation to climate transition regulatory structures to mobilise finance and formulate climate investment policy. She also works closely with the International Chamber of Commerce (ICC) and has represented it at the Conferences of the Parties on climate since 2015.
Camilla Gambarini
Withers LLP , United Kingdom
Camilla specialises in international arbitration (commercial and investment treaty) and public international law matters.
Before moving to London, she practised in Milan, Houston and New York. She has represented individuals, companies, States and State-owned entities in international arbitrations across a range of sectors, including the apparel, aviation, energy, gambling, infrastructure, insurance, metal, media and railway industries in different regions of the world, including Europe, Africa, CIS countries and Latin America. She has experience of international commercial and investment arbitrations under the auspices of the CAM, CIAC, ICC, ICSID, LCIA and UNCITRAL rules.
Her public international law experience includes advising companies and individuals on the protection of investments under international investment treaties, and sovereign States on boundary disputes, natural resources and sovereign immunity.
Camilla regularly assists clients in pro bono cases, including on human rights violations before domestic constitutional courts and the UN Human Rights Treaty Bodies, securing recommendations to overturn a country’s total criminalization of abortion.
She is a recommended lawyer in 2021 Legal 500 UK and is ranked as a Who’s Who Legal – Arbitration Future Leader (Non Partner).
Sylvie Gallage-Alwis
Signature Litigation, France
After 10 years practicing in a major international law firm, Sylvie became one of the founding partners of the Paris office of Signature Litigation and heads its product liability practice. She specialises in all cutting-edge complex disputes linked to products, namely product liability, product safety, toxic tort, mass litigation/class action, regulatory compliance, and environment.
Sylvie has experience in all ranges of product-related litigation. She represents a variety of globally recognised manufacturers from industries such as automotive, electronic products, cosmetics, new technologies, steel, energy, food, toys, etc.
She is further known in the French market as a leading toxic tort / mass litigation lawyer. As such, she has been involved in most pro-company case law rendered in recent years, notably in asbestos-related cases, with some cases mentioned in the French Civil and Social Security Codes because of the significant reversal in case law they represent.
Sylvie is both an Avocat à la Cour in France and a Solicitor in England & Wales.
Adam Flacks
LK Law LLP, United Kingdom
Adam is experienced in complex commercial litigation and related investigations, and in particular, proceedings arising from acts of corporate fraud. His experience includes representing AHAB (a KSA conglomerate) in its claim against Mr Maan Al Sanea and his Saad Group concerning his role in a fraud spanning nearly 30 years which defrauded more than a hundred banks and resulted in losses to AHAB of over US$9 billion. Adam has significant experience working in Saudi Arabia and the Cayman Islands as part of this claim.
Adam also regularly represents representing athletes and sport governing bodies in regulatory and disciplinary proceedings (usually involving anti-doping).
Tim Raats
BarentKrans, Netherlands
Tim focusses on competition law and procurement law. Tim advises companies to ensure their operations are in line with the competition rules. This includes advice on cooperation agreements, distribution contracts and mergers and acquisitions. Tim also assists companies with investigations and fining procedures of the Netherlands Authority for Consumers and Markets (ACM) and other competition authorities, and in proceedings before the civil courts.
In the area of procurement law, Tim mostly assists private parties with tender submissions. Prior to a call for tenders, he advises tenderers when drafting their bids. Tim also has ample experience in proceedings arising from invitations to tender. In addition, Tim is experienced in the healthcare sector, which is changing rapidly. These changes include mergers, acquisitions and other forms of cooperation, giving rise to competition-law issues that need careful consideration before signing a contract. Furthermore, Tim regularly advises and litigates in the area of healthcare procurement.
Suvir Sidhu
Suvir Sidhu, India
Suvir is an active litigating courtroom lawyer having vast experience in constitutional, criminal and civil litigation matters. Having represented clients in hundreds of cases before many state appellate Courts and the Supreme Court of India he regularly advises corporate clients on diverse matters including intellectual property and arbitration, also private clients on family and estate.
Suvir has represented many government institutions having been appointed as the youngest deputy attorney general for a state at the age of 24. He also holds the distinction of being the youngest in India (28) to have been elected as a member of the statutory bar regulatory authority where he has served as the honorary secretary, member of the licensing committee and currently as member of the executive committee. He has chiefly organised many international legal conferences and seminars playing a pivotal role in development of the rule of law.
Independently running an experienced team of lawyers & arbitrators, he has assisted constitutional Courts in key legal matters which have been referred to as important precedents, also serving as a pro-bono lawyer in public policy matters.
Francesca Salerno
Legance Avvocati Associati, Italy
Francesca regularly assists Italian and foreign clients in cross-border disputes, with a particular focus on disputes relating to construction and procurement contracts (e.g. FIDIC contracts), infrastructure, oil and gas sector, renewable energy, Corporate and post M&A disputes, pharmaceutical sector, international sale of goods, supply, license, agency and distribution agreements. Francesca has considerable experience in the context of both domestic and international commercial arbitrations, institutional and ad hoc arbitration (ICC, CAM, LCIA and UNCITRAL) proceedings, and in arbitration-related disputes (appeals against arbitration awards, recognition and enforcement of arbitration awards), as well as in civil and commercial litigation including before the high courts.
Francesca also deals with insolvency and bankruptcy proceedings, assisting Italian and foreign clients with specific reference to cross-border issues and procedures, as well as in bankruptcy litigation. Moreover, Francesca is actively involved in the pro bono and CSR activities of the Firm and she is a member of the IT committee. Francesca is National Representative for Italy of AIJA (International Association of Young Lawyers), Vice-Chairperson of the Italian Chapter of the Chartered Institute of Arbitrators and ambassador for Italy of the ICC Belt and Road Commission.
SESSION COORDINATORS
Tim Raats
BarentKrans, Netherlands
Adam Flacks
Lipman Karas LLP, United Kingdom
Suvir Sidhu
Suvir Sidhu, India