ICC and USCIB Hold Educational Events on Arbitration

Emmanuel Gaillard, visiting professor at Yale Law School and head of International Arbitration at Shearman & Sterling LLP
Emmanuel Gaillard, visiting professor at Yale Law School and head of International Arbitration at Shearman & Sterling LLP

The International Court of Arbitration of the International Chamber of Commerce (ICC) and USCIB’s Arbitration Committee organized two educational events in New York last month—the fifth annual Proskauer Lecture on International Arbitration on February 21 and the Eleventh Vis Moot Practice Session on February 24.

The Proskauer Lecture is organized jointly by ICC, USCIB, Proskauer, and Columbia University School of Law’s Center for International Commercial and Investment Arbitration Law. As in previous years, the lecture featured a globally-renowned expert delivering a lecture to the international dispute resolution community in New York. This year’s expert lecturer was Emmanuel Gaillard, visiting professor at Yale Law School and head of International Arbitration at Shearman & Sterling LLP who spoke on the topic: International comity, ‎lis pendens, res judicata: Do the principles of judicial practice apply to international arbitration? “Emmanuel Gaillard gave a tour de force lecture on comity that has gotten people talking about the issue and even thinking about it in a different manner,” noted Peter Sherwin, Partner at Proskauer. “Through presentations like his, the Proskauer Lecture has become a must-attend event for the international arbitration community in New York and beyond.” A summary of Gaillard’s lecture will appear in the next issue of the Global Arbitration Review (GAR).

A few days later, Dentons LLP hosted eight universities in the eleventh annual ICC/USCIB Vis Moot Practice Session. Participating law schools included the University of Bucharest, Brooklyn Law School, Cardozo, Fordham University, New York University, Pace Law School, Rutgers Law School and St. John’s University School of Law. The practice session serves as an invaluable opportunity for teams to hone their arguments in front of mock arbitrators prior to The Annual Willem C. Vis International Commercial Arbitration Moot in Vienna (April 7-13) or Hong Kong (March 26 – April 2), during which times teams from around the globe will compete in a mock arbitration. John Hay, partner at Dentons LLP stated that “Events like this provide for all the participants a worthwhile learning experience where they see, firsthand, which presentation styles and techniques work, and which do not.”

Consistently growing since its inception eleven years ago, the Vis Moot Practice Session gathered nearly thirty arbitration practitioners who volunteered their time and expertise to serve as mock arbitrators and provide feedback to teams before the real competition commences in Vienna or Hong Kong. Speaking on the networking opportunities presented to law students and future arbitration practitioners, Soeun (Nikole) Lee, deputy director, head of ICC Young Arbitrators Forum North America Chapter, stated that “the VIS moot is the best introduction to international arbitration as a student.  It is intellectually challenging, fun, and a phenomenal opportunity to meet future colleagues and mentors.   ICC VIS moot practice session serves as a great “moot for the Moot”.  We were very impressed at the students’ level of preparation and quality of arguments.”

Global Partnerships Week Launches With Focus on SDG-17

(L-R) Kathy Calvin, President & CEO, UN Foundation, Trevor Davies, Global Head, International Development Assistance Services Institute, KPMG and Claus Stig Pedersen, Head of Corporate Sustainability, Novozymes
(L-R) Kathy Calvin, President & CEO, UN Foundation, Trevor Davies, Global Head, International Development Assistance Services Institute, KPMG and Claus Stig Pedersen, Head of Corporate Sustainability, Novozymes

Global Partnerships Week (GPW) kicked off yesterday, March 6, to celebrate the role of public-private partnerships in promoting global development and advancing the Sustainable Development Goals (SDGs). The two-week, annual event is organized by Concordia, the U.S. Agency for International Development, the Secretary’s Office of Global Partnerships, and PeaceTech Lab and engages experts from the public and private sectors, as well as foundations and multilateral institutions.

The U.S. Institute of Peace hosted GPW’s day-long Global Practitioners Forum yesterday, which focused on engaging practitioners in achieving what many consider to be the most imperative and interconnected SDG, Goal 17. Devex President and Editor-in-Chief Raj Kumar moderated the opening panel titled “Goal 17 in 2017: Partnerships for the Global Goals,” which featured USCIB members KPMG and Novozymes, as well as UNESCO, UN Foundation and New America. The panel aimed to explore the role of partnerships in addressing challenges presented by inequality, poverty and governance to ensure the achievement of a comprehensive 2030 development agenda.

Claus Stig Pedersen, head of corporate sustainability at Novozymes, presented participants with anecdotes and insights around partnership challenges, as companies look to align both longer-term strategies and growth opportunities with the SDGs. “It’s not just about partnerships for the sake of doing partnerships, it’s an investment in the future, but it takes time,” stated Pedersen. Pedersen cited several examples including Novozymes’ leadership in the Sustainable Energy for All initiative (SE4ALL), first launched by the United Nations and World Bank at the Rio+20 Summit in 2012, where it subsequently helped establish a coalition of partners aimed at developing and deploying sustainable bio-energy solutions. “Although the partnership was first launched in 2013, we [Novozymes] have continued to stay engaged, establishing concrete projects and cases that are driving the initiative forward.” While many stakeholders increasingly subscribe to the idea of partnership, Pedersen noted some of the success factors behind this effort. “We all really need to do our due diligence and build up good relationships together, as well as learn to draw on each other’s strengths as we look to partner to achieve greater positive impact.”

Additional information on Novozymes public-private partnerships can be found on USCIB’s Business for 2030 website, which serves as an important tool to showcase business’s past and continuing contributions to sustainable development through the prism of the SDGs.

USCIB Urges Business Access in Comments to UNFCCC

As uncertainty in U.S. participation and leadership in UN climate negotiations and the Paris Climate Agreement continues, USCIB and its global network are pushing to ensure that business has a voice in the global climate policy process.

USCIB, the International Chamber of Commerce (ICC) and the Major Economies Business Forum (BizMEF) recently submitted coordinated comments to the UN Framework Convention on Climate Change (UNFCCC) ahead of its Subsidiary Body for Implementation (SBI 46) meeting, to take place in Bonn, Germany on May 8-18, 2017. The USCIB, ICC and BizMEF submissions all make the case for enhancing engagement of Non-Party Actors (NSAs), particularly the private sector, in order to strengthen Paris Agreement implementation. USCIB’s Norine Kennedy, Vice President for Strategic International Engagement, Energy and Environment will attend the Bonn meetings, along with USCIB members from Monsanto and Novozymes.

In preparing the comments Kennedy noted, “As it stands today, the UNFCCC institutional infrastructure does not adequately reflect the role of the private sector and therefore must be updated and expanded to recognize and mobilize business engagement as part of global efforts to deliver on the Paris Agreement. In our view, the May Workshop during SBI46 on enhancing NSA engagement could provide valuable ideas to begin to build this vital institutional infrastructure for implementation of the Agreement.”

Governments have recognized the major contribution of the private sector to achieving the Paris Agreement, its entry into force and other follow-up activities.  As a long-time observer organization representing American business in the UNFCCC since 1993, USCIB has consistently sought to extend existing opportunities to participate in the international climate processes.  USCIB’s advocacy has focused on broadening and improving existing options to create a more comprehensive, recognized channel for business engagement to strengthen implementation of the Paris Agreement and ensure the effectiveness and resilience of the UNFCCC.

In its comments, USCIB emphasized that enhancing business engagement requires innovative governance and partnership, and will be a prerequisite for successful and cost-effective implementation. Kennedy stressed that “the UNFCCC should adjust its means of working with business to a more collaborative and mainstreamed mode. This will require innovative leadership by policy-makers to engage the private sector in new ways.”

USCIB’s comments also included suggestions for the SBI workshop’s objectives, a long-term vision for business engagement in the UNFCC, and the role of business in national pledges under the Paris Agreement, known as Nationally Determined Contributions (NDCs). The full submission can be accessed here.

 

OECD Holds Workshop to Measure Business Impact on Well-Being

The Organization for Economic Cooperation and Development (OECD) organized a workshop on measuring business impacts on people’s well-being in Paris on February 23-24. The workshop is part of the OECD’s Better Life Initiative for which the OECD developed a series of indicators enabling governments to design policies for improving well-being in areas including income, health, education, security and environment. An increasing number of actors are looking at how companies impact well-being, but lack specific guidance on how to accurately measure these impacts. Statistical evidence on business’ contribution to well-being is scattered and firms’ performances on environmental, social and governance as well as responsible business conduct issues remain hard to benchmark.

Building on in-house knowledge and experience in measuring well-being and responsible business conduct, the OECD, in collaboration with Fordham University, the Society and Organization Center of HEC Paris and the Humanistic Management Network, organized a workshop to discuss foundations measuring business impacts’ on well-being and explored interest in creating a consistent system of indicators based on existing corporate responsibility metrics, corporate practices and OECD’s experience in measuring well-being.

The workshop emphasized the importance of using coordinated information systems for different actors, such as businesses, NGOs and governments, to encourage them to adopt a common channel for promoting well‑being in the broad sense. It will bring together researchers, experts, business executives and a wide range of actors on the ground.

Additional information on the event is available on the OECD’s website. Official notes from the sessions are available here.

OECD’s Global Anti-Corruption and Integrity Forum

Compass direction pointing towards IntegrityThe Organization for Economic Cooperation and Development (OECD) is organizing a Global Anti-Corruption and Integrity Forum on March 30-31 in Paris, which will focus on integrity and anti-corruption. The Forum aims to bring together a diverse array of stakeholders from policy communities, the private sector, civil society and academia to discuss topics such as reducing the inequality gap, stimulating fair competition and economic growth as well as shaping a level playing field for business.

The Forum will also feature presentations from academia connecting academic insights and evidence with policy-making and will highlight innovative research on integrity, anti-corruption and trade, gender and corruption and inclusive growth. The agenda for the meeting is available here. Registration is now open.

David Redl to Speak at Conference on Fostering Digital Transformation: The OECD’s Role

David Redl, chief counsel for communications and technology for the U.S. House of Representatives Committee on Energy and Commerce, will give the keynote address at USCIB’s timely conference, Fostering Digital Transformation: The OECD’s Role,”  on March 8 in Washington, D.C. The conference is organized by The USCIB Foundation, the educational arm of the United States Council for International Business (USCIB), in partnership with Business at the OECD (BIAC) and the Organization for Economic Cooperation and Development OECD). The conference will explore ways that policy makers and the business community work together to ensure that new technologies and digital applications can lead to a more prosperous, productive, inclusive and socially beneficial world, while considering what lessons can be learned from recent discussions and related work within the 35-nation Organization for Economic Cooperation and Development (OECD).

“This will be an important forum for dialogue among technologists and policy makers to help us navigate toward a more robust, secure, resilient and inclusive digital economy,” said USCIB President and CEO Peter M. Robinson. “Following last year’s pivotal OECD Ministerial in Cancun, which recognized the digital economy as a powerful catalyst for innovation, growth and overall prosperity, the focus will be on moving forward the OECD’s ambitious agenda. We will explore how broad-ranging OECD policy frameworks can help to address new challenges posed by changing global policy dynamics.”

Topics for discussion include:

  • The Digital Economy and Information Society of the Future
  • Realizing the Global Commercial Benefits and Corporate Societal Responsibilities of Digitalization
  • Enhancing Trust in the Digitally Connected Ecosystem

Other confirmed speakers for the event include:

  • Douglas Frantz, deputy secretary general of the OECD
  • Andrew Wyckoff, director of the OECD Directorate for Science, Technology and Innovation
  • Anne Carblanc, head of the OECD Digital Economy Policy Division
  • Eric Loeb, senior vice president of international external and regulatory affairs, AT&T
  • Joseph Alhadeff, vice president of global public policy, Oracle Corp.

The conference, which is co-organized by the OECD and Business at OECD (BIAC), will take place at the Microsoft Innovation & Policy Center (901 K Street, NW, Washington, D.C.). Registration and additional information are available on the conference website. Event sponsors and partners include AT&T, Google, Microsoft, Verizon and the Internet Association. Inside Cybersecurity is a media partner.

BIAC Holds Annual Consultation With OECD Ambassadors

OECD
BIAC Secretary General Bernhard Welschke and BIAC Chair Phil O’Reilly address Secretary General Angel Gurria and OECD Ambassadors

BIAC held its annual consultation with OECD Ambassadors last month, providing an opportunity for the business community to identify priorities for the OECD agenda that affect both the private sector and governments. Senior business leaders discussed the OECD Secretary General and Ambassadors timely challenges and ways forward in global markets. This annual consultation is part of BIAC’s active advocacy with top OECD officials and governments throughout the year.

The consultation focused on outlining appropriate macro-economic and regulatory policies to strengthen growth, defending and promoting trade and investment for competitiveness, addressing tax uncertainty to boost investment, seizing the benefits of innovation and the digital economy, strengthening human capital to build dynamic inclusive economies, and including business in development and a clean environment.

A full report from the consultations can be found here.

New OECD Due Diligence Guidance for Garment and Footwear Sector

The OECD recently released new due diligence guidance for supply chains in the garment and footwear sector. The guide can be found here. The guide is the result of a multi-stakeholder process and aims to help companies identify and prevent potential negative impacts related to human rights, labor, the environment and corruption in garment and footwear supply chains worldwide. The guide is in line with the OECD Guidelines for Multinational Enterprises and the UN Guiding Principles on Business and Human Rights.

The OECD Guidelines for Multinational Enterprises – the broader code of conduct for business – are the oldest and most comprehensive set of recommendations for business, covering all areas of business ethics, human rights, labour rights, corruption, and environment degradation, among others. The guidelines were originally adopted in 1976 and have been updated on several occasions since then to ensure their continued relevance. The OECD has also developed tailored guidance to help enterprises build responsible supply chains in other sectors, specifically: extractives, minerals from conflict-affected and high-risk areas, agriculture, and finance.

ICC’s Danilovich Writes in FT on Importance of Services to American Economy

The Financial Times has published a letter to the editor from ICC Secretary General John Danilovich on the importance of services to the American economy. Danilovich, who has served as U.S. ambassador to Brazil and Costa Rica, writes that “tit-for-tat trade responses sparked by new border taxes could come at a considerable cost for the U.S. services sector– and the growing number of Americans whose livelihoods depend on it. When it comes to trade policy, nostalgia is no substitute for the realities of today’s global economy.”

To read Danilovich’s letter in the FT, please visit this link (subscriber log-in is required).

USCIB Urges Secretary Tillerson to Push for UN Accountability

USCIB President and CEO Peter M. Robinson issued a letter last week to Secretary of State Rex Tillerson outlining principles and priority areas for the Trump administration’s posture and involvement in international environmental policy and forums.

The letter recommends an assessment of U.S. engagement in the international environmental arena and proposes an ongoing dialogue with U.S. business groups familiar with those deliberations to inform the administration.

While a growing number of United Nations agencies are increasingly restricting the private sector and excluding business representatives from key meetings, USCIB’s statement urges the administration to insist that UN bodies conduct their work with transparency and accountability to economic stakeholders in the United States.

USCIB’s letter is timely given Tillerson’s first international trip this week as secretary of state to the Group of 20 (G20) meetings in Bonn, Germany. According to the Chicago Tribune, Secretary Tillerson will meet G20 envoys in Bonn to discuss the UN 2030 Agenda for Sustainable Development and climate change.

USCIB Vice President for Strategic International Engagement, Energy and Environment Norine Kennedy commented on the importance of maintaining a strong U.S. presence, noting: “The proliferation of environmental and climate change policies on the global agenda demands that the administration remain an active member of the international environmental community to further and defend U.S. business and economic interests, while tackling climate change and other universal environmental challenges.”