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Accelerating Change from our Blind Spots in International Dispute Resolution
Litigation Section; International Law Section
Credit(s):
1.5 Participatory MCLE Credits
1.5 Recognition and Elimination of Bias
Where are our blind spots when it comes to culture and diversity in international dispute resolution? Arbitration and mediation are processes premised on their constituencies agreeing to resolve future or existing disputes with the assistance of an independent neutral or group of neutrals. In arbitration, we rely on the arbitrator to fairly decide the merits; in mediation, we rely on the mediator to facilitate a sound settlement. A key component in these arrangements is an inherent trust in not only the decision-making systems and rules but also the independent character of all the individuals involved in the dispute resolution process. We continue to reassure and justify to ourselves that our experiences in arbitration and mediation are sufficiently inclusive, diverse, reasonable, substantive, and even fair. But we need to acknowledge that there is still a gap between where we think we are and where we need to be with these issues. This panel will discuss and challenge our presumptions and provide valuable insight into what we can do individually and collectively to consciously overcome these dispute resolution blind spots.
1.5 Participatory MCLE Credits
1.5 Recognition and Elimination of Bias
Angela M. Banks
Angela M. Banks is a legal scholar who specializes in membership and belonging in democratic societies. Her research explores this topic in the areas of immigration, citizenship, law school curriculum, and professional development for faculty. She is the Charles J. Merriam Distinguished Professor of law at the Sandra Day O’Connor College of Law at Arizona State University, and a member of the Council on Foreign Relations. Her scholarship has appeared in leading American law review journals and her book Civic Education in the Age of Mass Migration: Implications for Theory and Practice is forthcoming with Teachers College Press. Prior to joining the Sandra Day O’Connor College of Law faculty, Professor Banks was a Professor of Law at William & Mary School of Law. She has also served as the Reginald F. Lewis Fellow for Law Teaching at Harvard Law School, a legal advisor to Judge Gabrielle Kirk McDonald at the Iran-United States Claims Tribunal; an associate at Wilmer, Cutler & Pickering in Washington, DC (now WilmerHale); and a law clerk for Judge Carlos F. Lucero of the U.S. Court of Appeals for the Tenth Circuit. Professor Banks is a graduate of Harvard Law School, where she served as an editor of the Harvard Law Review and the Harvard International Law Journal. Prior to attending law school Professor Banks received a Master of Letters degree in sociology from the University of Oxford, where she studied as a Marshall Scholar, and a B.A. in sociology from Spelman College summa cum laude.
Gary Benton
Gary Benton is an internationally recognized Arbitrator with expertise in US and international business, corporate investment, technology, and emerging growth matters. Gary works on cutting-edge international technology disputes involving technology development, I.P., licensing, manufacturing, distribution, corporate investment and acquisitions, including cybersecurity, cryptocurrency and A.I. matters. His work is particularly focused on cross-border technology disputes involving Asia-based companies. He has handled cases in over 80 countries and serves on the commercial and international panels of leading arbitration institutions in the U.S., Europe and Asia. He is the founder of the Silicon Valley Arbitration & Mediation Center, the nonprofit supporting the global tech sector, and California Arbitration (CalArb.org), the nonprofit promoting international arbitration in California. Gary co-chairs the CLA International Arbitration and ADR Subcommittee. In addition to his arbitration practice, Gary serves on the Adjunct Faculty at Santa Clara University in Silicon Valley where he teaches international arbitration law. He is dual qualified as a U.S. lawyer (California, New York and D.C.) and as an English solicitor.
Jeffery J. Daar, Moderator
Jeffery Daar is a principal of the law firm Daar & Newman in Los Angeles. He has more than 25 years of extensive experience in international litigation and arbitration disputes. Jeff is also an active arbitrator.
His diverse expertise includes strategic planning, international transactions and disputes, complex state and federal litigation, and innovative dispute resolution. While Jeff is a United States trained lawyer, he has close working relationships with lawyers throughout the world and in particular in Europe, Latin America and Asia. This permits him to assemble international legal teams for innovative global solutions to business disputes and transactions.
Jeff is the immediate past Chair of the Alternative Dispute Resolution (ADR) Committee of the California Lawyers Association, an officer of California Arbitration, and a Past Chair of both The State Bar of California International Law Section and the International Law Section of the Los Angeles County Bar Association. Three different Mayors of the City of Los Angeles have appointed Jeff as a Los Angeles City Commissioner. He is currently President of the Los Angeles City Ethics Commission, has served on the Board of Airport Commissioners for the Los Angeles World Airports, and was Chairperson of the Los Angeles Rent Adjustment Commission for 10 years.
Reginald Holmes
Reginald A. Holmes is a prominent American based mediator, arbitrator and Settlement Counselor with a global practice. He enjoys an international reputation for success for resolving highly intractable disputes and conflicts across a broad range of subject matters including those involving intellectual property, employment, technology, entertainment, international and large complex business disputes. He also mediates high profile personal injury and socially charged conflicts. He is an independent neutral on numerous panels of the AAA, CPR, Resolute Services and the ICDR. He is a fellow and past member of the board of directors for the College of Commercial Arbitrators (CCA), a past President of the California Dispute Resolution Council (CDRC) and a board member of the National Academy of Distinguished Neutrals. He is President and Executive Director of the Neutrals Diversity Alliance (NDA). A former patent attorney, he earned an Electrical Engineering degree from the University of Florida and a Law degree from Georgetown University. He has held senior executive, business, and partner positions with several Fortune 500 corporations and law firms and has been active in national and local civic, community and professional organizations. He has a multinational caseload with practice centers in California, Chicago, New York, Atlanta, Toronto and Beijing. His website is www.theholmeslawfirm.com.
Mimi Lee
Mimi Lee is part of a team that manages litigation, arbitration, pre-disputes, and investigations stemming from Chevron’s International Upstream operations. The team’s docket includes a variety of matters including commercial disputes, labor and employment, complex construction claims, coverage, tax, white collar, personal injury, and property damage. Mimi and her group interact with external counsel located all over the world and are responsible for ensuring that all litigation matters are handled efficiently and in a cost effective manner consistent with Chevron’s Objectives-Based Litigation Technique (“””COBALT®”””), which is a structured and disciplined technique for achieving reliability, efficiency and world class performance in litigation management. Prior to joining Chevron, Mimi was in private practice as a litigator. She was formerly a partner with Thelen Reid & Priest and later with McKenna Long & Aldridge.
Montserrat Manzano
Montserrat Manzano’s practice is focused on the resolution of investor-state and commercial disputes. She has participated as counsel, arbitrator and secretary in more than fifty complex international arbitrations before the top arbitration institutions worldwide. She has availed from her knowledge of international law and the laws of various Latin American countries (such as Mexico, Panama, Colombia, Venezuela, Peru and Guatemala) and European countries. Montserrat boasts expertise in different jurisdictions and in different sectors: infrastructure, generation, supply and transportation of natural gas, pharmaceuticals, telecommunications and consumer goods, among others. In particular, she has experience in disputes arising from infrastructure investments and projects in Latin America. To successfully manage them, regardless of their complexity, she combines her skills in administrative law, commercial law and investment.
Luan Tran
K. Luan Tran is a partner with King & Spalding’s international arbitration practice, ranked the No. 1 practice worldwide by the 2020 Global Arbitration Review. Luan is based in the firm’s Los Angeles and Singapore offices. He has nearly 25 years of experience handling international arbitration matters worldwide, and has lived and practiced in North America, Asia, and Europe. Prior to King & Spalding, Luan led the Southeast Asia disputes practice of another international law firm. He is a frequent speaker and author on the fast-growing Southeast Asia region, particularly his native Vietnam. Luan was recently recognized as a “Traiblazer” by the Recorder for his work in the region. He was a recent member of the board of directors of the AAA/ICDR. He holds three law degrees, two from Canada and one from Harvard Law School. In addition to his international arbitration experience, Luan is recognized as a leading attorney in ownership and partnership disputes between co-founders of technology companies. In a profile of his work in co-founder lawsuits, such as the Snapchat and Yik Yak matters, Forbes magazine called him the “go-to lawyer” in this area. During his career, Luan has recovered over $150 million on behalf of plaintiffs in his tech co-founder cases. Tran’s experience and success for the plaintiffs gives him significant advantages and insights when representing the defendants.
Steve K. Andersen, Moderator
SteveAndersen, VP, ICDRSteve has over 20 years’ experience as an international dispute resolution professional. He is the point person to interface and collaborate with legal professionals, industry groups, advisory committees in the technology, energy, finance, aerospace, aviation, and construction industries in locations around the world. Steve dedicates a substantial amount of time organizing and facilitating international dispute resolution education including multiple events in the North America, Europe, Asia, and South America. Inaugural winner of the Outstanding Contribution to Technology Dispute Resolution Award by Silicon Valley Arbitration & Mediation Center. Steve oversaw and managed the 2021 ICDR Rule Amendments. He is appointed by U.S. State Department to be member of the USMCA 31.22 (NAFTA 2022) Advisory Committee on Private Commercial Dispute Resolution and chairs its mediation committee. Responsible for the launch of ICDR Canada services that include a full range of dispute resolution services, rules, arbitrators, mediators, training and more. Selected as point person among team to interface and collaborate with professionals, industry groups, advisory committees in the technology, energy, finance, aerospace, aviation, national security and construction industries. Inaugural winner of the Outstanding Contribution to Technology Dispute Resolution Award by Silicon Valley Arbitration & Mediation Center. Steve dedicates a substantial amount of time organizing and facilitating international dispute resolution education. Organized multiple prominent international dispute resolution events in the North America, Europe, Asia and South America. Organized and lead training programs on negotiation, mediation and arbitration for corporate counsel groups. He also has significant experience presenting to large groups, training professionals, publishing articles, and building executive networks with multinational companies and top-tier law firms. Steve has organized and facilitated many mediation training programs. Steve has had a leadership role with many rule project initiatives including 2021 and 2014 ICDR rule changes, Final Offer Arbitration Rule offering, Canadian Arbitrator Appointing Authority Rules, ICDR Canada Arbitration and Mediation Rules, mediation, early neutral evaluation, fact-finding and mini-trial service offerings.
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