This breakout session will explore how external legal counsel can get the lawyer-client relationship right when amid numerous competing pressures – especially when contentious matters make things tense.  Over time the role of external legal counsel has been evolving in a number of different ways, often depending on the client’s changing internal legal capabilities and requirements.

Involving participation of various stakeholders in the lawyer-client relationship, the session will provide a range of perspectives on the aspects of dispute resolution matters that usually generate difficult conversations and give insights into best practices to take on board as well as mistakes to avoid. Expect plenty of war stories and answers to the key question: what do clients really want from their external dispute resolution counsel?

This breakout session will examine how the legal profession interacts during the life of a dispute – from our clients through to the judiciary. Controversially, the panel will also examine how we engage with opposing counsel. For example, should any regard be had to the personal commitments of others when requiring a brief to be prepared by Monday morning? Amid increasing talk about mental wellbeing in the legal profession, questions like this cannot be ignored.

The session will also explore the practical steps can clients, solicitors, counsel and the judiciary can take to reduce the pressure on lawyers, at all levels in the legal profession. Its speakers will discuss whether there is a role for senior legal professionals (and the judiciary) in setting the tone, helping to eradicate stigma and ensuring that lawyers have the self-awareness and confidence to seek help where needed.

This breakout session will explore issues related to group claims and how they facilitate access to justice. For example, what hurdles do claimants face? And is the balance correct between special costs treatment for claimants and costs protection for defendants against vexatious litigation? The session will cover topics including the future of collective actions and the opt in and out debate. It will also include comparisons with group actions in other jurisdictions – in particular, what London does well and how it can improve. Finally, the session will consider the aggregation of claims for insurance purposes and the consequent impact on group actions.

This breakout session will consider the use of evidence in international dispute resolution, including the Disclosure Pilot Scheme in the English Business and Property Courts, the review of witness statements in litigation, whether the Prague Rules have been adopted by many during arbitration and, if so, to what extent, or whether practitioners still prefer the use of the IBA Rules and, if so, why.

This breakout session will explore the pricing and funding options available for dispute resolution users. One of the main concerns of dispute resolution users is the potentially high costs. It is often debated that the traditional hourly rate can produce very high legal fees and as a result increasing alternative fee arrangements are offered.

The session will focus on traditional and alternative fee arrangements and the broader issues of adequacy of pricing and funding of international dispute resolution.

This breakout session will look at how state parties engage in disputes. State parties are increasingly involved in international disputes, not only in the ‘traditional’ role as respondents but also as claimants. The involvement of states and state-owned enterprises as well as sovereign wealth funds in cross-border commercial activity and investment has mandated that there are many more commercial and investment disputes involving state parties.

The session will also explore how the procure legal services, whether in-house or external counsel, how the use the range of various dispute resolution methods and recent trends in investor-state dispute settlement and the recent drive for investor-state mediation.

This breakout session will look at how human psychology and behaviour impacts dispute resolution for parties, counsel and decision-makers (for example, judges and arbitrators). The study of ‘behavioural law’, which takes into account the limitations of human rationality in decision-making, has grown as an academic subject in the last decade, and the influence of biases and heuristics on behaviours has become widely recognised in legal practice.

Why do parties pursue claims or defences that appear (objectively) to be unlikely to succeed? What psychological tools are available to counsel, to help them persuade the decision-maker? And what are the limitations of human decision-making, that can affect how judges and arbitrators reach their decisions?

This breakout session will focus on how lawyers in multi-jurisdictional disputes can work with colleagues who observe different ethical or professional codes. Such work may result in challenging ethical scenarios: what ethical code adherence would prevail? Are there internationally accepted ethical and professional standards? Are they adequate for international dispute resolution or is there need for more or better regulation? Is regulation and/or ethical codes an impediment for London-based lawyers to get access to work abroad and vice versa? Is self-regulation appropriate or is there an appropriate international regulation in place?

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Plenary Session I: Corporate Counsel Roundtable on the Dispute Resolution Issues that are at the Forefront of Their Agenda

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Breakout 1B: Dispute Resolution and the Game of Attrition. Is ‘Winning at all Cost’ Really Consistent with Well-being and Mental Health in the Legal Profession?

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Breakout 1D: ‘Drop the pilot’/ Prague Rules/IBA Rules/ Tainted Evidence/Questions about Evidence in Dispute Resolution

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Breakout 2A: Paying for Dispute Resolution Lawyers – Alternatives to an Hourly Rate System Pricing / Fee Structures / Funding of Dispute Resolution

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Breakout 2B: State Parties

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Lunch

Covid-19 Update - LIDW POSTPONED

To all our colleagues, friends and partners in the international disputes community.

In light of Covid-19, the LIDW events that are currently scheduled to take place in September will be postponed until the week of 10 May 2021.

While this is disappointing, we are keen that the international disputes community is able to make the most of the exciting programme of sessions that we have lined up so we can build on the momentum that LIDW2019 created. We look forward to developing that with you when it is safer for us all to be together in person.

We have been greatly encouraged by the response to the programme and look forward to the rescheduled event delivering crucial insights into the future of the business and law of international dispute resolution. Any ticket purchases already made for the 2020 event will carry over to 2021.

We look forward to welcoming you to the event in person in May 2021.

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