Our Future of Disputes UK Virtual Programme brought speakers from leading in-house institutions – including AON, Gilead, GPW Group, HSBC, JP Morgan, Rio Tinto, Salesforce and Siemens – together with Baker McKenzie dispute resolution specialists to discuss key challenges in litigation, arbitration and investigations likely to arise over the next year.
We tackled the practicalities around contract disputes and termination, engaging with government and regulators, strategies to manage litigation risk arising from internal investigations, and provided an overview of how case lifecycles are likely to unfold following recent reforms of litigation and arbitration mechanisms. Our speakers share insights garnered from managing complex, multijurisdictional disputes and offer strategies to help you shape your organisation’s business resilience and readiness for litigation in the medium and long term.
Disputes 101: How to Effectively Manage Complex Cases
This session is designed for in-house counsel who are developing their expertise in contentious matters, or whose remit is not solely focused on such matters and so come across contentious issues less often. We will sharpen your readiness for when a litigation or arbitration claim lands on your desk. We run through the typical lifecycle of a case and share some top tips on managing common issues faced by in-house counsel surrounding disclosure, privilege, and evidence, with an eye on the future of how these areas are likely to develop in the coming years.
- Matt Totman, VP & Assistant General Counsel, J.P. Morgan
An Analysis of Post-M&A Disputes: Insights From Prior Cases to Inform Future Transactions
What can we learn from previous post-M&A disputes to mitigate risk on future transactions? We present our findings from examining 100+ arbitration awards and English court judgments on post-M&A disputes. With a transactional perspective from M&A partner Ash Tiwari, we explore what provisions of the underlying contracts are most likely to raise disputes. We also explore the outcomes of these disputes, with analysis from our Disputes practitioners who specialise in such cases. We focus on providing insights grounded in the quantitative data, rather than on technical legal issues. This session will be of interest to individuals working in contentious and non-contentious roles alike.
- Helen Chapman, Head of Coverage, Transaction and Cyber Solutions, Aon
- Dagmar Mundani, General Counsel, Siemens Healthineers
Managing the Commercial Litigation Risk Arising From Internal Investigations
This session focused on the practical steps businesses can take to mitigate the commercial litigation risk arising from internal investigations, including best practice for managing internal reporting and communications with third parties (including auditors, investors, employees, insurers, contractual counterparties and others). We also look ahead to explore how commercial litigation risk arising from investigations may evolve in the future and consider how businesses should adapt their practices accordingly.
- Richard Davies, Senior Director, International Litigation & Investigations, Gilead
- Darren Dunn , Senior Corporate Counsel Global Ethics and Integrity, Salesforce
- Sarah Ganslein, Associate General Counsel, Global Investigations & Regulatory Enforcement, HSBC
Government Intervention, Economic Nationalism and Investment Protection
Government intervention and economic nationalism has increased significantly in the last two years, and is likely to do so even more with the unexpected unfolding of recent events. National security is likely to encompass energy supply and utilities more generally, as well as the healthcare and food industries. Private investors and institutional ones are targeted; and, with a dramatic increase in sovereign wealth funds supplying the much-needed cash injections, controls over incoming investments tighten and expropriatory measures are rife.
This session focused on identifying the key risk areas and how international protections can be leveraged and enforced directly against states and state entities – whether it is at the investment stage through treaty planning, or, once the issue can be foreseen through ISDS.
- Geoffrey David, Group Head, Litigation & Investigations, Rio Tinto
- Philip Worman, Managing Director, GPW Group