Originally from World Arbitration And Mediation Review (WAMR)

Professor Tai-Heng Cheng, Workshop Co-Chair Good Afternoon. Thank you all for coming back after lunch. I seem to be having a spate of bad luck recently in every conference that I’m asked to speak, I get assigned the after lunch spot. On the other hand, I do have the distinct honor of being part of the final panel, not only of today, but also the three-part series that we’ve had over the last three years. And so, it really is a real pleasure to be involved at this time.

My name is Tai-Heng Cheng; I’m a partner at Quinn Emanuel. Perhaps before I go further, let me introduce the panelists. Starting from my, I guess, my left going further left away from me, at the present table is Drill-BD. The Executive will be played by Dietmar Prager from Debevoise & Plimpton, and congratulations on your elevation to partnership, Dietmar. Joe Neuhaus will play the General Counsel, and Joe is from Sullivan and Cromwell. Beside Joe is Julie Bédard who plays Arbitration Counsel, and Julie is from Skadden Arps in New York.

The center table has Local Counsel, whom for the first scene are not present, but let me just introduce them. My colleague, Julia Peck from Quinn Emanuel, plays Local Counsel, as well as Giovanna Micheli from the ICDR.

Moving then to the table furthest from me, we have the contingent from TorGas. Beginning with Barry Leon who plays Arbitration Counsel, and Barry is at Perley-Robinson, Hill & McDougall. Beside him is Jennifer Thornton from Baker Botts who plays the General Counsel; and beside her is Catherine Amirfar from Debevoise who plays TorGas’ Executive.

In this final act, the award has been rendered, and in the first scene, we shall witness the immediate aftermath, the celebration, as well as the commiseration. The majority has issued an award signed by TorGas’ nominee finding against Drill-BD. Drill-BD has found to be strictly responsible for failing to meet contractual milestones giving rights to liability of $7 million, as well as 75% of fees and costs. However, there is a dissent. The Arbitrator appointed by Drill-BD has issued a “separate and withering dissenting opinion” which accuses the majority of having committed various legal and deliberative errors, and for good measure has some colorful language thrown into it. Without further adieu, I turn it over to our eminent panelists.