April 21, 2021

2:00 pm / 3:30 pm

CWTA International Trade Business Contracts
CWTA International Trade Business Contracts
2021 International Arbitration Trends
When
Wednesday, April 21, 2021 from 2:00 PM to 3:30 PM EDT
Add to Calendar
Where

This is an online event.
Please  CLICK THIS LINK to register and a ZOOM link will be sent in your confirmation email!

Contact
John Galles
Carolina World Trade Association (CWTA)
704-576-0477

UPCOMING EVENTS

GO GLOBAL WEBINAR SERIES
 
USMCA: LEVERAGE ONLINE PROGRAMS TO GROW EXPORTS IN CANADA AND MEXICO
Wed. Apr. 21, 2021 at 11:00AM
Canada and Mexico have always been key target markets for U.S. exporters, and with the USMCA coming into effect July 2020, interest is only increasing! Join this discussion of opportunities and tactics to help you grow your exports in Canada and Mexico. Don’t worry if you can’t make it–register and we’ll send you a recording!
See more information about available NCEDP STEP funding below!

 

NC STEP PROGRAM FUNDING AVAILABLE!
The U.S. Small Business Administration recently doubled a grant available through the NCEDP State Trade Expansion Program (STEP) program  to help small businesses (500 or fewer employees) globalize their website–raising it to $6,000. That’s enough to pay for half the cost of localizing your business website in two target countries.
The EDPNC is partnering with the Miami-based company IBT Online in the North Carolina program. IBT provides website localization and international online marketing services, including country-specific search-engine optimization and social media promotion.
To learn more about the North Carolina program, listen to a recent free webinar available here or register for the  next webinar scheduled on May 7. Manufacturers and suppliers can also explore information and case studies available on the North Carolina Online Global Program website.

CWTA MEMBERSHIP DRIVE
This is the annual renewal period for CWTA membership. CWTA depends entirely on membership revenue to bring you important and timely international trade information. If you have received your membership invitation, please make payment. If not, you may directly access the membership link here:

CWTA JEWELED LAPEL PIN
Don’t miss your opportunity to purchase the CWTA Jeweled Lapel Pin, engraved on gold-tone metal with a magnetic fastener (no holes in clothing) and featuring a crystal jewel representing the greater Charlotte region. Look for the CWTA Jeweled Lapel Pin on your Registration Form!

ABOUT US
Carolina World Trade Association
Founded in 1964, CWTA is a chapter of the North Carolina World Trade Association (NCWTA), which promotes growth of trade between North Carolina and the world by providing education and networking opportunities for our global ecosystem.
As a business-driven non-profit organization, CWTA’s mission is to promote, foster and encourage international commerce success and expand economic growth in the Carolinas region. We do this by:
  • Advocating the interests of businesses engaged in international trade on local, regional, state and federal levels;
  • Educating businesses and their employees to the issues, policies, and practices within international trade;
  • Promoting opportunities for expanding inbound and outbound international commerce; and
  • Celebrating the successes of international trade in the region.
Dear CWTA,

The forces of globalization have generated an increased number of international contracts and an enormous increase in complex commercial disputes. Come hear how international arbitration is responding to these international trade challenges to continue to offer the qualities and advantages that have been the keys to its success!
The Carolina World Trade Association (CWTA) is pleased to invite you to a program on Wednesday, April 21, 2021, from 2:00 – 3:30 PM via ZOOM, in conjunction with the Charlotte International Arbitration Society, focused on concerns in international business contracts as evidenced by the current top trends in international arbitration.
he forces of globalization have generated an increased number of international contracts, which in turn have resulted in an enormous increase in complex commercial disputes. These forces have fueled the development of international arbitration as the preferred choice of businessmen for the resolution of their disputes. They have further led to a denationalization of arbitration, both procedurally and substantively, as well as to a convergence of national legislation and institutional rules, based on a consensus on a greater liberalization of the process.
The forces of globalization have also opened the door to the application by arbitral tribunals of general principles of international commercial law, common to all nations, and have contributed to the development of an international arbitration culture.
 
International arbitration must effectively deal with many challenges as trade continues to flourish, technology continues to develop, and pandemics unexpectedly occur. How is international arbitration responding to these challenges to make sure that arbitration will continue to offer the qualities and advantages that have been the keys to its success?
In this webinar, we will identify key trends and developments that are expected to influence the international arbitration landscape in the year ahead. Generally, they fall into the following categories.
COVID-19. The Covid-19 global pandemic is already causing widespread implications across all sectors. The practical impact on international arbitration is evident with changes to procedural timetables and hearings required to minimize the need for in-person contact, moving towards contactless arbitration.

COVID-19 contract terms. The repercussions of COVID-19 on current contracts will continue long after the virus has gone. The supply chain disruptions and resulting economic instability will lead to disputes that will run on for years. Moving forward, commercial terms that apportion risk arising from such an outbreak will need to be considered. For example, pricing adjustment clauses for contracts relying on tariffs or affected by exchange rate fluctuations, or step-in or buy-out rights to address performance concerns, or including/excluding pandemic-related events in force majeure or frustration of contract clauses.

Incoterms 2020. The changes in Incoterms 2020 will continue to lead to increased arbitration. Incoterms serve three purposes: 1. Carriage – how the shipment gets from point A to point B; 2. Cost – international transportation costs depending on the lane and mode; and 3. Risk – who is responsible for lost or damaged goods. Incoterms 2020 changed from 2010 in response to the growth of the economy, increasing attention to security in the transportation of goods, insurance coverage flexibility and on-board bill of lading under Free Carrier (FCA) rule.
Brexit. The changes in arbitration brought about by Brexit need to be considered in international trade contracts as the EU’s response continues to evolve.
Data protection and cybersecurity. The proliferation of modern data protection regimes has added complexity to cross-border disputes, pushing arbitration users to increasingly consider data protection obligations in arbitration proceedings. As industry guidance is being published, there is increasing awareness of personal data and cybersecurity issues as well as heighted efforts to ensure compliance.
AI and digitalization. There is a growing desire within the international arbitration community to increase the use of AI and other digital tools. This is expected to be accelerated in light of the COVID-19 outbreak and the rapid need for alternatives to in-person hearings and meetings. The growing desire to increase the use of AI and other digital tools to aid the arbitration process, together with the expanding availability of AI-driven tools currently on the market and being developed, should lead to an increasing use of such technology in the coming year and beyond.
Broadening role of the courts in support of arbitration. The closing months of 2019 saw the courts in two critical jurisdictions – the United States and China – demonstrate an increased willingness to act in aid of international arbitration. While the limits of these developments have not been fully tested, they create opportunities going forward for arbitrations involving parties from the world’s two largest economies.

Post M&A disputes: the need for speed. Tools for resolving post-M&A disputes quickly and efficiently should lead to increased post-M&A arbitration including expedited procedures, summary dismissal and emergency procedures. That, in turn, is expected to lead to an increase in the proportion of high-value cross border deals that include arbitration clauses, and of post M&A and shareholder disputes that are referred to arbitration.

Global projects. Global projects can give rise to multiple and complex disputes. While these are well-suited to and commonly referred to international arbitration, there will be renewed focus on increased efficiency and use of ADR, including mediation, especially in construction and engineering disputes, the largest percentage of disputes referred to arbitration (27%).
Calls for more diverse and greener arbitrations. Calls for more diversity in international arbitration are not new but continue to gain momentum. Gender diversity efforts are leading to positive results in terms of female appointments, and initiatives to address other forms of diversity increasing in prominence. The call for greener arbitrations took a significant step forward in 2019 and is a trend growing in importance in 2020 and beyond, reflecting increased global momentum and awareness of climate change issues more generally.


Andrea Carska-Sheppard, Esq.
Andrea Carska-Sheppard is a lawyer, arbitrator and global corporate counsel. As General Counsel of Workplace Options LLC, with headquarters in North Carolina, she is responsible for management of legal affairs for world’s largest integrated provider of corporate wellbeing services in 210 countries and territories serving 100,000 organizations including many Fortune 10 and Fortune 500 companies. She has expertise in international contracts, global data privacy and global legal compliance. She is a licensed lawyer in New York State, in Canada (Ontario), and in the United Kingdom and Wales, and is a Registered European Lawyer. Contact Andrea at andrea.carska-sheppard@mail.com.
Mica Nguyen Worthy, Esq.
Mica Nguyen Worthy is a partner in the Charlotte office of Cranfill Sumner LLP and serves as legal counsel to clients in the aviation and global supply chain industries, representing airports, general aviation companies, FBOs, air carriers, as well as manufacturing, technology, and service companies. As a Certified Global Business Professional (NASBITE), Mica has a specific focus on assisting global clients with their international operations including trade issues, international contracts, trade credit payment disputes, international arbitration, and dispute resolution. Mica serves as the firm’s practice group leader for the International Business law section. She is also a founding Board Member of the Charlotte International Arbitration Society (CIAS), and currently serves as the Chair of the CIAS. She has also served as Chair of the N.C. Bar Association’s International Law & Practice Section. Mica is a member of the Carolinas World Trade Association (CWTA) and serves as a resource for the Small Business and Technology Development Center (SBTDC). Mica has also been accepted into the International Association of Defense Counsel (IADC), where she serves on the International Arbitration Committee and the Transportation (Aviation) Committee. Contact Mica at mworthy@cshlaw.com.
Russ Racine, Esq.
Russ Racine is a partner in the Charlotte office of Cranfill Sumner LLP and helps clients navigate the challenges of enforcing their intellectual property rights and defending against infringement allegations from others. Russ litigates cases related to patents, trademarks, copyrights, trade dress, and trade secrets. In addition, Russ represents clients in suits alleging unfair competition, deceptive trade practices, Lanhan Act violations, advertising injuries, and other business-related issues. Russ routinely counsels clients on how best to obtain trademark registrations, domestically and internationally, and how to deal with other parties who are infringing or about to infringe his client’s intellectual property. Russ has represented a broad range of clients from individuals to Fortune 100 companies. In 2020, Russ became a member of Business North Carolina’s Legal Elite Hall of Fame as the overall winner in Intellectual Property. Contact Russ at rracine@cshlaw.com.
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We sincerely appreciate your interest in Carolina World Trade Association events and invite any and all feedback from those in attendance as well as any suggestions for conduct of meetings or topics of interest for the international trade business community!

Sincerely,
John Galles
Carolina World Trade Association (CWTA)
704-576-0477