1. 2020 VIRTUAL ANNUAL MEETING: EMPOWERMENT
MAY 26 - JULY 2, 2020 I VIRTUAL
International Law Section
"BEWARE THE FINE PRINT," 5 YEARS LATER - DOES ARBITRATION DISEMPOWER
CONSUMERS FROM BRINGING CLASS ACTIONS IN THE US AND OTHER COUNTRIES?
1:30 P.M. - 3:00 P.M. I JUNE 16, 2020
GENEVIEVE SAUMIER - MCGILL UNIVERSITY
Geneviéve Saumier is the Peter M. Laing Q.C. Professor of Law at McGill University, which she joined in 1996.
She was Associate Dean from 2005-2008.
She holds business and law degrees from McGill University and a Ph.D. from Cambridge University.
Her research focusses on private international law and consumer dispute resolution.
She is co-editor of Enforcement and Effectiveness of Consumer Law (2018).
A member of the Quebec Bar, she also sits on the board of Quebec’s Consumer Protection Ofﬁce
and is co-Rapporteur at the Hague Conference on Private International Law
for the 2019 Judgments Convention.
PAUL SLUIJTER - HOUTHOFF
JORGE DE HOYOS - DE HOYOS Y AVILES
Jorge E. De Hoyos Walther is the head of litigation practice group of De Hoyos y Aviles, a Mexican law ﬁrm
founded in 1964, with ofﬁces in Mexico City, Tijuana, Guadalajara, Mexicali and Los Cabos. Jorge de Hoyos is an
accomplished trial attorney who has successfully litigated nationwide (Mexico). His practice focuses
on high-stakes litigation. He has litigated from the date of his admission (1989) up until present.
Jorge has broad experience in dispute resolution, focusing his practice in civil, commercial and cross border
litigation. He has participated as speaker of multiple courses, congresses and conferences in Mexico and USA.
He is Past President at USA Mexico Bar Association and Member of the Section of International
Law at the American Bar Association.
Paul is a Dutch lawyer (counsel) at Houthoff in The Netherlands. His focus lies on complex
cross-border disputes, including international mass claims, and arbitration-related litigation.
His challenges lie in determining an international strategy in matters where several possible courts and/or
arbitral tribunals may have jurisdiction. In this context, he advises on motions contesting jurisdiction,
cross-border discovery, attachment, and the recognition and enforcement of foreign judgments and awards.
Paul has provided private international law courses for the judiciary, and publishes on civil procedural
law and private international law. Paul got his PhD on procedural law at Tilburg University.
MEL SCHWING - SCHWING DISPUTE RESOLUTION LLC
PROGRAM CHAIR / MODERATOR / SPEAKER
GEORGE BERMANN - COLUMBIA UNIVESITY
George A. Bermann is professor of law, at Columbia Law School and director of the Center for International
Commercial and Investment Arbitration. He is also a member of the faculty of the Ecole de droit, Sciences Po (Paris)
and the Geneva LL.M. in International Dispute Settlement (MIDS). Professor Bermann is an experienced international
commercial and investment arbitrator; Council member of the American Arbitration Association. Board Member
of CPR, head of the global advisory board of the New York International Arbitration Center, fellow of Chartered
Institute of Arbitrators, and founding member of the Governing Board of the ICC International Court of Arbitration.
He is Chief Reporter of the ALI Restatement of the US Law of International Commercial Arbitration,
co-editor-in-chief American Review of International Arbitratio, and author of very numerous books and articles.
Currently a PhD candidate at the University of Cambridge, Mel Schwing is an international
dispute resolution specialist with extensive experience in international arbitration, litigation,
investigation, and strategic counseling. Mel has worked for leading dispute resolution ﬁrms in
the United States (O’Melveny & Myers), South Korea (Yulchon), and Australia (Corrs Chambers
Westgarth). Admitted to practice law in the United States, Australia, and England and Wales,
Mel has served as an arbitration counsel in a variety of international commercial and investment
arbitrations, both ad hoc and institutional, and has written articles and given presentations on
arbitration for organizations around the world.
In 2015, the New York Times ran a three-part special report, entitled “Beware the Fine Print”, on the increasing proliferation of arbitration clauses in commercial contracts.
The special report decried the use of arbitration clauses to stem potential consumer class actions. However, this issue is not just being litigated in the United States,
but also in Canada, Mexico and Europe. This panel will look at the issues raised in the clash between arbitration and class actions in these different jurisdictions,
such as what constitutes contractual consent and whether arbitration clauses hinder access to justice, and how this conﬂict could affect private international law.
SPONSORED BY:COMMITTEE SPONSOR (S)
COMMITTEE CO - SPONSOR (S)
INTERNATIONAL ARBITRATION; CANADA; EUROPE