Opening Remarks & New ICCA Initiatives

• Craig Chiasson, Partner, Borden Ladner Gervais LLP & Conference Co-Chair (Vancouver)
• Lucy Reed, Independent Arbitrator, Arbitration Chambers & Past
  President, ICCA, (New York/London/Hong Kong)

The expansion of the energy transition to address global climate change has led to growth in the number of clean energy projects globally. Although construction disputes arising from clean energy give rise to similar issues as other energy projects, the novelty of clean energy technology and its regulation has created many new technical and legal challenges. This panel will discuss traditional construction disputes over energy projects, the new legal frontiers that have arisen with the increasing number of clean energy project disputes, and the emerging construction law issues created by climate change.

• Laura Cundari, Partner, Blakes LLP & Board Member, VanIAC (Vancouver)
• Dr. Patricia Galloway, Chartered International Arbitrator, Galloway Arbitration, Inc. (Cle Elum, WA)
• Dr. Ezra Jampole, Managing Engineer, Exponent (New York)
• Doug Jones AO, Independent Arbitrator, Atkin Chambers (London/Sydney/Toronto)
• Miguel López Forastier, Partner, Co-Chair Global Problem Solving, Covington & Burling LLP (Washington)

A rapid fire exchange on where energy disputes are headed, including new substantive areas of dispute and new procedural solutions.

• Raëd Fathallah, Partner, Bredin Prat (Paris)
• Maria Chedid, Partner, Global Co-Chair International Arbitration Practice Group, Arnold & Porter LLP (San Francisco)
• Jessica Crow, Independent Arbitrator, Arbitra (London & New York)
• Michelle MacPhee, Managing Counsel, BP International Disputes Team (London)
• Constantine Partasides KC, Partner, Three Crowns (London)

Canada, the US, the EU, Australia and Japan are working in partnership to develop a global strategy around critical minerals. Canada’s Critical Minerals Strategy declares that “there is no energy transition without critical minerals”. Critical minerals are those minerals, like lithium, nickel, and cobalt, that are required to power “clean” technologies, from electric vehicles to wind turbines and solar panels. Yet, extracting these minerals requires an enormous amount of energy which is likely to continue to place pressure on global carbon emission reduction goals. Can we fuel the future and also save our planet from environmental destruction?

• Alison FitzGerald, Partner, Norton Rose Fulbright Canada LLP (Ottawa)
• Jim Morrison, Partner, Peter & Kim (Sydney)
• Mark A. Luz, General Counsel, Trade Law Bureau, Global Affairs Canada

Energy infrastructure projects engage many interests beyond those of the direct project participants. Theses include those of consumers, taxpayers, an array of governmental and regulatory bodies and local residents (human and non-human alike). Yet, when disputes arise, conflict is typically managed through private adjudication under project agreements. This panel will discuss what scope there is or should be for third party interests to be taken into consideration in energy infrastructure disputes between commercial parties.

• Vasuda Sinha, Counsel, Freshfields (Paris)
• Gabriela Alvarez Avila, Partner, DLA Piper (Mexico City)
• Abby Cohen Smutny, Partner, Global Head of International Arbitration Practice, White & Case LLP (Washington)
• Dr. Elizabeth Whitsitt, Associate Professor, University of Calgary (Calgary)

• Tina Cicchetti, Independent Arbitrator, Vancouver Arbitration Chambers and Arbitration Place & Conference Co-Chair (Vancouver/Toronto/Florence)
• Joe McArthur KC, Partner, Blakes LLP, Board Chair, VanIAC & Conference Co-Chair (Vancouver)