Registration, Coffee & Tea
CARIBBEAN CONSTRUCTION ROUNDTABLE
Opening Remarks and Introductions
The Caribbean construction industry faces a unique blend of opportunities and challenges. Our roundtable discussion is a dynamic forum where industry experts, professionals, and stakeholders convene to address pressing issues and collaboratively create solutions for a more efficient and harmonious construction landscape.
Participating in this roundtable allows participants to collaborate, share experiences, and contribute to the collective knowledge needed to manage construction disputes in the Caribbean. The goal is to identify challenges and forge solutions that benefit the entire industry collectively.
Roundtable Chair: Shan Greer – CEO of the BVI IAC Arbitration Centre
Insights into the Current Landscape, Legal Framework, and Resolution Strategies for Construction Disputes in the Caribbean
The construction world is no stranger to disputes, whether they stem from contractual ambiguities, regulatory complexities, or differing stakeholder expectations. To successfully navigate this intricate terrain, understanding the current state of construction disputes, the legal and regulatory framework, and effective resolution mechanisms is paramount.
Session topics
1. Current State of Construction Disputes: A comprehensive overview of the current state of construction disputes, including the most common types of disputes, their causes, and their impact on the industry.
2. Legal and Regulatory Framework: An exploration of the legal and regulatory landscape governing construction disputes, addressing regional and international standards, as well as their influence on the resolution process.
3. Contractual Issues: An examination of the critical role of contracts in construction disputes, focusing on key elements such as ambiguities, delays, changes in scope, and payment disputes, as well as the role of international and regional banks in contract selection.
Speakers:
- Salma Rahaman, Law Chambers
- Gregory Pantin, Risk Management Group
Coffee Break
The Crucial Role of Expert Evidence
Construction projects are known for their complexity, with multiple stakeholders, intricate contracts, and a web of regulations. When disputes inevitably arise, understanding how expert evidence can play a key role in a party's success is critical.
Session topics
1. The Expert's Role: Insights into the responsibilities of expert witnesses, their duties, and ethical considerations
2. Collecting and Presenting Expert Evidence: An exploration of the processes involved in gathering, preparing, and presenting expert evidence.
3. Challenging and Cross-Examining Expert Evidence: Examining techniques and strategies used to challenge and cross-examine opposing expert witnesses.
4. Real-World Examples: An analysis of the outcomes and lessons to be learnt from Caribbean and international cases.
Speakers:
- Christopher Graham, BCQS International
Lunch
Collaborative Excellence and Stakeholder Engagement in Caribbean Construction Projects
Stakeholder engagement is a pivotal aspect of any successful construction project, and in the unique context of Caribbean construction, it takes on even greater significance. Stakeholders extend far beyond just project owners and contractors. In this session, we look at the direct and indirect participants in Caribbean construction and share insights on collaboration in the industry.
Session topics
1. Defining Stakeholders in Construction Projects: Understanding the role of stakeholders in the context of Caribbean construction projects.
2. The Significance of Stakeholder Engagement: Exploring and sharing insight into effective collaboration in construction across the region and the role of effective dispute resolution in bridging gaps between contractors, employers, local communities, regulatory bodies, environmental agencies, and more.
3. Project Management and Execution: Best practices for project management that emphasize collaboration, transparent communication, and meeting the needs and expectations of all involved parties.
Speakers
- Justice Anthony Gafoor, Tax Appeal Court
- Satcha Kisson, Dentons
Coffee Break
Exploring the Caribbean's Clean Energy Future: Opportunities and Challenges in Procuring Renewable Energy Projects
The Caribbean region is standing at the threshold of a profound energy transformation. With a wealth of natural resources, a growing commitment to sustainability, and a desire to reduce dependence on fossil fuels, the Caribbean offers a promising environment for the development of renewable energy projects. Procuring these projects comes with unique opportunities and challenges, which will form the subject of this session.
Session topics
1. Caribbean Renewable Energy Market Overview: A comprehensive understanding of the regional renewable energy landscape, energy policies, and emerging market trends.
2. Procurement Models: An exploration of the different procurement models used for renewable energy projects and their suitability for the unique conditions of the Caribbean.
3. Risk Management and Dispute Resolution: A discussion about the risks associated with the construction of renewable energy projects and effective strategies for risk mitigation, as well as dispute resolution.
Speakers:
- Nicola Berry, Berry Attorney & Arbitrators
- Maria Eugenia Ramirez, Hogan Lovells
Concluding Remarks
Roundtable Chair: Shan Greer – CEO of the BVI IAC Arbitration Centre
Welcome Cocktail Reception
Join us in celebrating the commencement of BVI Arbitration Week 2024. The Welcome Cocktail Reception hosted inside the Lounge of the BVI International Arbitration Centre, marks the beginning of the highly anticipated BVI Arbitration Week. Enjoy a selection of delectable hors d'oeuvres and signature cocktails as you connect, engage, and forge meaningful relations within the arbitration community
Dress Code: Business Attire
Venue: The BVI International Arbitration Centre, 3rd Floor, Ritter House
Registration, Coffee & Tea
Welcome Remarks
- Dr. The Hon. Natalio D. Wheatley
- Chair of the Board of the BVI IAC - John Beechey CBE
- Shan Greer
Keynote I: Fintech and Blockchain Trends in the Caribbean
Topic: Crypto Assets Trends
We look at current trends in innovative financial technology, including the increasing use of digital assets by several jurisdictions and the rise in demand for regulation with a focus on the BVI and the wider Caribbean.
Speaker:
- Hon. Lorna G. Smith, OBE, Deputy Premier Of the British Virgin Islands
Panel Discussion: Fintech Regulation and Disputes
Topic: Crypto Assets Disputes
The panel will discuss the latest developments in the law relating to centralised and decentralised crypto asset projects. The discussion will consider what lies ahead for the sector in terms of structure, regulation and risk and how the BVI and wider Caribbean is positioning itself to service this market.
This session will bring together leading experts to discuss fintech trends, innovation in the payments space, and the challenges and opportunities for resolving these disputes by arbitration.
Moderator:
- Elise Donovan, Chief Executive Officer
Speakers:
- Rachel Muldoon, Maitland Chambers
- Guy Williamson, Campbells
- Glenford Malone, BVI Finance
- Nik Yeo, Fountain Court Chambers
Coffee Break
Facilitated Discussion: Disputes in the Energy Sector
Topic: Understanding the energy landscape.
During this panel discussion, the speakers from states across the world will consider the issues arising from the construction of energy assets and the provision of equipment, including supply chain issues and raw material shortages and the mechanism being used to resolve them with a focus on dispute boards and arbitration.
Moderator:
- Satcha Kissoon, Dentons
Speakers:
- Niccolo Landi, Arbitration Chambers
- Calvin Hamilton, Arbitra International
- Nicola Berry, Berrys Attorneys & Arbitrators
- Arran Dowling Hussey, Gray's Inn Square Chambers
Keynote II: Conflict of Interest between Co-arbitrators
An issue not dealt with at any length in the literature is whether co-arbitrators must disclose close relationships with colleagues on the same tribunal. There is always a duty to make disclosure of matters that on a common sense, objective view, ought to be brought to the attention of the parties. For present purposes, the narrow question for analysis is the extent to which two arbitrators must disclose a close friendship as a matter of law in an international arbitration.
This keynote will consider international norms derived from national laws, arbitral institutions and international arbitral organizations including the IBA, UNCITRAL and the College of Commercial Arbitrators.
Speaker:
- Murray Smith KC, Smiths Barristers
Lunch
Reverse Debate: Conflict of Interest in International Arbitration
Topic: Is there an obligation to disclose close relationships between co-arbitrators?
Moderator:
Philip W. (Whit) Engle, Private Law Practice
Arbitration Redefined: Young Lawyers, Fresh Solutions
Chartered Institute of (Caribbean Branch) Arbitrators-Young Members Group Event
This dynamic session promises a fresh perspective on arbitration as young legal professionals take the stage to analyze and discuss innovative approaches to contemporary challenges in the field.
Moderator: Shantel Gray, BVI IAC
Keynote:
- Gary Born, International Arbitration Practice Group
Speakers:
- Allana-J Joseph, Conyers
- Theominique Nottage, Government of Bahamas
- Jodi-Ann Stephenson, Bakers and Partners
- Rene Roper, DataPro Consulting Ltd.
- Jermaine Case, George Henry Partners
Governor's House Cocktail Reception - Ticketed Event
Step into an enchanting evening of elegance and sophistication at the Governor’s House Cocktail Reception, a highlight of BVI Arbitration Week. This exclusive event promises an unforgettable experience, blending the finest elements of passed hors d'oeuvres, cocktails, and live entertainment surrounded by the historic charm of BVI Governor’s House.
Dress Code: Semi Formal
Venue: The Governor's House
Coffee & Tea
Session I: Bots or Brains: The AI Dilemma in Arbitration
Conyers
In this topical session, our diverse panel of experts will discuss the increasing use of artificial intelligence in international arbitration, including the numerous opportunities it currently offers and the potential threats it might present. Each of our speakers will provide thought-provoking analysis and insights into a particular aspect of AI’s role in arbitration, including in the appointment of tribunals, in gathering and evaluating evidence, as an aid to tribunals and cyborg tribunals, as well as the impact of AI on the independence and impartiality of arbitrators. An interactive discussion will follow with our panellists responding to questions from the audience.
Moderators:
- Mark Forte, Conyers
- Dr Jane Fedotova, Conyers
Speakers:
- Dmitri Evseev, Arbitration City / Arbitra International
- Professor Tania Sourdin, University of Newcastle Law School
- David Blayney KC, Serle Court
- (Amb.) (ret.) David Huebner, Huebner Arbitration
Coffee Break
Session II: The Future of Caribbean Arbitration is Green
Harneys
Join us for a dynamic panel discussion, "The Future of Caribbean Arbitration is Green," as we delve into the intersection of environmental consciousness and dispute resolution. Explore the practicalities of remote arbitration, assessing its impact on carbon footprint reduction. Uncover the unique challenges and opportunities presented by green arbitration in the Caribbean, with a special focus on litigation within energy disputes. Discover how sustainable practices can shape the future of arbitration, fostering a greener, more efficient resolution process. Plus, we take a look ahead to ICCA 2024 Hong Kong.
Moderator:
- Peter Ferrer, Harneys
Speakers:
- Katherine Menéndez de la Cuesta, Harneys
- George Weston, Harneys
- Rebecca James, Linklaters
- Elizabeth Cava, Deloitte
- Conway Blake, Debevoise
- Justice Anthony Gafoor, Chair of CIArb Caribbean Branch
Lunch
Session III: The BVI Court’s Role in Arbitration: Interim Relief, Intervention and Challenging Awards
Brick Court Chambers
The session will focus on BVI law as the curial law of arbitrations and the BVI court’s approach to their supervision. The Arbitration Act 2013, with its 2020 revisions, has a number of important distinctions from other supervisory regimes which practitioners should be aware of. The session will cover the granting of interim relief, intervention during the arbitral process including stays and challenges to arbitrators, and also the grounds for challenging awards.
Moderator:
- Hon. Dawn J. Smith, Attorney General of the British Virgin Islands
Speakers:
- Arabella Di Lorio, Agon Litigation
- Andrew Willins, Appleby
- Sue Prevezer KC, Brick Court Chambers
- Ben Woolger, Brick Court Chambers
Coffee Break
Session IV: Arbitrator Subject-Matter Expertise: Benefit or Burden?
BVI Arbitration Group
The ability to select and appear before arbitrators with factual subject matter expertise is considered a great advantage of arbitration over litigation, and parties generally prefer that those deciding their disputes really understand their disputes. But, how great an advantage is an arbitrator’s pre-existing subject matter expertise?
For example, in disputes involving construction, energy, and fintech, do veterans of those industries or lawyers who have mostly represented players in those industries have lasting advantages as arbitrators over blank slate arbitrators? Are there risks that conflicts of interest will multiply or that natural justice will be denied if an arbitrator has too much or too specific subject matter expertise? Do any such risks, if realized, imperil enforcement of arbitral awards?
All of these issues and more will be raised by a panel of arbitrators with general and specific expertise, with views that vary amongst themselves and that may well differ from those attending this interactive session.
Speakers:
- Nicholas Burkill, Ogier
- Natalie Reid, Debevoise & Plimpton
- Paul Klaas, Maitland Chambers
Dr. J.S Archibald, QC Memorial Lecture
Join us for the Dr. J.S Archibald QC Memorial Lecture, a prestigious event that celebrates the remarkable achievements of the late Dr. J.S Archibald QC and his pioneering work in the field of arbitration in the British Virgin Islands.
Each year, this esteemed lecture series invites a notable legal practitioner to share their expertise and insights on the subject. Join us as we gather esteemed scholars, experts, and practitioners from around the world to engage in enlightening conversations and thought-provoking discussions on arbitration.
This event offers a unique opportunity to honor the legacy of Dr. JS Archibald QC while learning from distinguished individuals who have made significant contributions to the legal profession.
Secure your seat now and be a part of this exceptional event that combines intellectual growth, a celebration of excellence, and a tribute to a visionary legal practitioner.
2024 Speaker:
Amb. (r.) David Huebner, FCIArb, C.Arb, CollArb
Lecture Theme: “Challenges to Our Status Quo: Adapting Arbitration to a Changing World”
From technological innovation to climate change and state action, dynamics external to arbitration will increasingly change the nature, substance, and resolution of disputes. Amb. Huebner will identify and discuss key dynamics that arbitration practitioners are likely to face in the future … and how and why adaptation should begin now.
Venue: The BVI International Arbitration Centre, 3rd Floor Ritter House
Cocktail Reception
Venue: The BVI International Arbitration Centre, 3rd Floor Ritter House
Morning Hike
Embark on the Pineapple Fields Hiking Trip and create an unforgettable memory in the heart of the British Virgin Islands. Whether you are an experienced hiker or a nature enthusiast seeking a unique experience, this activity hosted by BVI HIKE is perfect for all skill levels. Participants will enjoy a local breakfast choice of salt-fish, avocado, and fried dumplings, served in calabash bowls along with a cup of fresh lemonade.
Dress Code: BVI Arbitration Week T-shirt + Hiking Attire
Max Capacity: 60
Coffee & Tea
Session I: The Arbitrability of Offshore Financial Centre Disputes
This session will generally discuss key issues in the offshore sector including:
- The impact of the Privy Council judgement in FamilyMart and UKSC judgment in Mozambique;
- The arbitrability of investment fund disputes, trust disputes, shareholder disputes, professional liability disputes.
- Offshore jurisdictional differences concerning arbitrability
Moderator:
- Andrew Pullinger, Campbells
Speakers:
- Peter Mason, Arbitra International
- Henry Tucker, Harneys
- James Petkovic, Harneys
Session II: Effective Leadership in a Multi-Generational Workplace
Managing a multi-generational team is more than knowing where Gen Z begins and where millennials end. In fact, Pew Research Centre has recently ended its use of generational framing in its polls and surveys. Relying solely on these labels leads to the oversimplification of behaviours and outcomes. In this keynote, corporate educator Camille Dundas helps us understand how identities such as race, gender, and socio-economic status intersect with generational identities and provides best practices for leaders who are motivating team members across generations.
Speaker:
- Camille Dundas
Through keynotes, workshop series, and program implementations, she’s led challenging and solution-based conversations at global companies such as Google, KPMG Financial, AstraZeneca, and Hyundai.
Format: Remote/In Person
For Remote participation, please register here: https://www.eventbrite.com/e/effective-leadership-in-a-multi-generational-workplace-tickets-840293569687
Session III: Navigating Cross-Border Trade Challenges: Arbitration Strategies for Africa and the Caribbean
Africa and the Caribbean are two diverse regions with distinct economic and legal landscapes. With the ever-increasing volume of international trade between the regions, understanding the challenges specific to cross-border trade and the benefits of employing arbitration as an effective dispute resolution mechanism is critical. This session explores the arbitration strategies that can facilitate the effective resolution of disputes.
Moderator:
- Professor David Berry, University of the West Indies, Cave Hill Campus, Barbados
Speakers:
- Justice Anthony Gafoor, Tax Appeal Court
- Emilia Onyema, SOAS University of London
- Tolulope Aderemi, Perchstone & Graeys Lp
- Hamish Lal Partners
Lunch Arounds
Experience BVI’s food scene while connecting with a smaller group of colleagues at restaurants around the city centre.
Format: On the morning of the event, participants will be provided with details of a venue and menu for lunch. On arrival they will be paired with 5 other conference guests the identities of which will be unknown until arrival.
Sip & Paint ft. Vodka Tasting
Unleash your inner artist and indulge your taste buds at our one-of-a-kind Sip and Paint with Vodka Tasting event during BVI Arbitration Week! Join us for an evening filled with creativity, delicious vodka samples, and great company. Paint a masterpiece under the guidance of a professional artist while savouring a variety of premium vodka flavours. Whether you're an experienced artist or just looking for a fun and unique experience, this event is perfect for networking and enjoying the vibrant atmosphere of BVI. Don't miss out on this delightful fusion of art and vodka. Reserve your spot now and let your creativity flow!
Venue: SEVEN at the Pier, The BVI Pier Park
Session I: The Future of Sports Arbitration in the Caribbean and Latin America
Moderator:
- Daniel Brantes, Ph.D, FCIArb Independent Arbitrator
Speakers
- Tyrone Marcus, University of the West Indies
- Carol Roberts, Independent Arbitrator
- William Sternheimer, Morgan Sports Law
Format: Remote
For remote participation, please register here:
https://www.eventbrite.com/e/840263208877?aff=oddtdtcreator
Arb Sail
Experience the ultimate boating adventure during BVI Arbitration Week 2024 with our highly anticipated excursion to Norman Island. Embark on a journey that promises to leave you captivated by the beauty of the British Virgin Islands and the excitement of the open sea.
Known as the inspiration for Robert Louis Stevenson’s famous novel, “Treasure Island” – this destination is steeped in mystery and allure. Be sure to wear your beach attire under your provided BVI Arbitration Week T-shirt. You will need to take a swim in the crystal-clear turquoise waters or simply bask in the sun.
Dress Code: BVI Arbitration Week T-shirt + Beach Attire
Lunch is included