Arbitration Archives

Jason File, Martin Gusy (Bracewell), Kathleen Paisley (AMBOS NBGO), Mark Morril (Morril ADR), Peter Wolrich (Curtis, Mallet-Prevost, Colt & Mosle), David B. Wilson (David B. Wilson Dispute Resolution), Rachel Thorn (Cooley), Matthew E. Draper (Draper & Draper), Peter J.W. Sherwin (Proskauer Rose), John V.H. Pierce (Latham and Watkins), Kevin O’Gorman (Norton Rose Fullbright), Yasmine Lahlou (ICC), Kate Siebke (Baker Hughes), Arif Hyder Ali (AHALI Dispute Resolution), and John J. Buckley (Buckley Arbitration).

Jason File, Director of Legal Affairs and General Counsel at USCIB, was in Paris last week attending and convening meetings related to Arbitration.

Arbitration Week kicked off with an annual Arbitration Committee Heads meeting, organized by the International Chamber of Commerce (ICC) International Court of Arbitration from March 19-20. Leaders of the ICC International Court of Arbitration opened the meeting, including Claudia Salomon, President, and Alexander Fessas, Secretary General of the Court and Director of ICC’s Dispute Resolution Services. Arbitration Committee heads discussed upcoming initiatives, ways to engage their network to promote the ICC Arbitration and Alternative Dispute Resolution (ADR), and changes to the ICC Arbitration Rules, as well as other topics.

File also assembled the US national delegation, which consisted of USCIB members, for a discussion on critical issues involving ICC Arbitration. USCIB members and leaders, including Chair of USCIB’s Arbitration Committee Peter JW Sherwin, Partner at Proskauer Rose, contributed to the discussion.

USCIB also co-hosted with ICC Canada and ICC Mexico the annual North American joint meeting and dinner for these organizations’ respective national committee members on March 23. This joint meeting provided an updated on recent ICC developments and what to expect in 2026.

L-R: Peter J.W. Sherwin (Chair, USCIB Arbitration Committee), Claudia Salomon (ICC International Court of Arbitration), and Whitney Baird (USCIB).

USCIB hosted its Arbitration Committee’s Annual Meeting on January 15. The event featured insights from Whitney Baird, President and CEO at USCIB; Peter J.W. Sherwin, Partner, Proskauer Rose LLP and Chair, USCIB Arbitration Committee; and Claudia Salomon, President, ICC International Court of Arbitration.

Jason File (USCIB) with fellow panelists at the 9th Intercessional Meeting of UNCITRAL WGIII.

Jason File, Director of Legal Affairs and General Counsel at USCIB, delivered remarks at the 9th Intersessional Meeting of UNCITRAL Working Group III on investor state dispute settlement (ISDS) reform, November 5-7 in Santiago, Chile.

File spoke on the first panel, which focused on damages and compensation. The discussion examined the scope of investor remedies, principles of compensation, interest, and factors such as causation and cost allocation in the context of ongoing ISDS reform efforts.

During the panel, File emphasized the importance of adhering to the principle of full compensation for investors in cases of expropriation and other breaches of investment treaties. File also addressed how interest and valuation-date provisions can contribute to achieving full compensation.

On the issue of causation, File stressed the need to preserve flexibility in how tribunals assess whether losses are linked to wrongful state actions. He noted that a balanced approach is necessary to ensure tribunals do not inadvertently exclude legitimate claims, and that ISDS continues to support investor confidence and high-quality cross border investment.

“The UNCITRAL Working Group III Intersessional is a valuable opportunity to bring together representatives from government, academia, industry, and civil society for substantive discussions of some of the more challenging issues we are examining in ISDS reform,” File said. “We’re grateful to the government of Chile for hosting such a productive set of meetings.”

Kiera Gans (DLA Piper), Miriam Harwood (Independent Arbitrator), Mélida Hodgson (Arnold & Porter), and Jason File at New York Arbitration Week.

USCIB held a marquee program on November 20 under the auspices of New York Arbitration Week titled, Evolving realities: from the governing law of arbitration agreements to investment contracts. Hosted by USCIB member firm Norton Rose Fulbright and co-organized with ICC Dispute Resolution Services (DRS), the event featured two panel discussions.

In Part I, moderator Kevin O’Gorman (Norton Rose Fulbright) led a conversation on the law governing arbitration agreements. Panelists Erika Levin (Fox Rothschild), Daniel Schimmel (Foley Hoag), Mark McNeill (Brick Court) and Diora Ziyaeva (Dentons) examined how recent court decisions in different jurisdictions are impacting the choice-of-law analysis for arbitration clauses. They offered practical guidance for parties to ensure predictability when drafting arbitration agreements, addressing a gap that can otherwise lead to uncertainty and disputes.

In Part II, moderated by Jason File, Director of Legal Affairs and General Counsel at USCIB, the focus shifted to the future of international investment contracts. Mélida Hodgson (Arnold & Porter), Kiera Gans (DLA Piper) and Miriam Harwood (Independent Arbitrator) discussed efforts to modernize and standardize the framework of investment contracts–notably a joint ICC-UNIDROIT project aimed at developing model provisions. The panelists also highlighted emerging issues and practical solutions related to next-generation investor-state agreements.

“New York Arbitration Week is a flagship event for the international arbitration community,” File said. “As always, we were thrilled to collaborate with ICC DRS in convening leading practitioners to tackle both longstanding and emerging challenges in the complex field of international arbitration.”

Jason File speaks at the 2025 ICC Miami Conference on International Arbitration.

Jason File, USCIB Director of Legal Affairs and General Counsel, attended the 23rd ICC Miami Conference on International Arbitration, November 30-December 2.

“The ICC Miami Conference is the world’s leading gathering for the arbitration community in the Americas,” File said. “It was terrific to see so many USCIB members at the forefront of these discussions and to engage with colleagues from around the world.”

Jason File with George Scheer, Executive Director of the Elizabeth Foundation for the Arts (New York).

USCIB was well-represented among conference speakers. Corporate counsel Kyle Olson (Boeing) offered an in-house perspective on anticipated revisions in the forthcoming 2026 ICC Arbitration Rules, while Patrick W. Pearsall (Gibson Dunn & Crutcher) joined a panel moderated by Noiana Marigo (Freshfields) that explored the intersection of commercial and investor-state disputes in Latin American energy concession contracts. In a dynamic Oxford-style debate, Diora Ziyaeva (Dentons) took part in a roundtable on fostering next-generation talent in international arbitration, and Yasmine Lahlou (Chaffetz Lindsey) debated the evolving role of co-arbitrators in tribunal decision-making.and Yasmine Lahlou (Chaffetz Lindsey) debated the evolving role of co-arbitrators in tribunal decision-making.

VIP art tour for conference sponsors.

For the first time, USCIB also organized with the ICC a special VIP art fair tour for conference sponsors during Miami Art Week on December 2. Held at the opening of Untitled Art Fair in Miami Beach, the event featured welcome remarks by Lauren Pollock, Head of VIP Relations at Untitled Art, and Allison Glenn, Guest Curator of Untitled Special Projects. Guests then enjoyed a guided tour of the fair, with opportunities to meet artists and explore galleries – including a curated selection of works presented by George Scheer, Executive Director of the Elizabeth Foundation for the Arts. This unique cultural event, hosted alongside the conference, showcased Miami’s vibrant art scene for contemporary art enthusiasts within the ICC arbitration community.