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Sixth Annual Investment Treaty Arbitration Conference – March 27, 2012

June 22, 2011 By vshelor
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Renaissance Mayflower Hotel, 1127 Connecticut Avenue, NW Washington DC 20036

Contents

Conference Downloads

Program

NAFTA, CAFTA and Beyond? Investment Protection in the Americas.

The 2012 Washington, DC Juris Conference is dedicated to the question of investment protection in the Americas. Inspired by CAFTA, it will engage the ongoing debate whether there is a need for mechanisms for early disposition of investor-state disputes. It will revisit whether recent NAFTA and ICSID arbitral decisions have created a clear divide between trade, commercial and investment disputes. Panelists will debate whether the authoritative interpretation of treatment standards in the context of NAFTA could be a tool to be emulated more broadly in investment protection agreements. After discussing these key features of the nearly two decades of multilateral free trade agreements in the Americas, the conference will ask: what next and set the stage for what investment law practitioners can expect in the next decade.

This conference continues our tradition of focusing on four topical and pressing issues – by establishing a dialogue between some of the brightest new stars in the field and some of its most seasoned practitioners. Eight up-and-comers are preparing papers on four of the most controversial and important issues in international investment law today. On the 27 March 2012, our young authors will pair up to defend their positions before a panel of arbitrators, arbitration specialists and experts in international investment law. The discussion and debate that will follow is sure to be of tremendous value to the international business lawyer, litigation specialist or trade and investment law policy expert.

Co-Chairs

Dr. Todd Weiler, Investment Treaty Arbitration Specialist

Ian A. Laird, Crowell & Moring

Frédéric Sourgens, Milbank, Tweed, Hadley & McCloy

Dr. Borzu Sabahi, Curtis, Mallet, Colt & Mosle LLP

Faculty

Alexander Bělohlávek, Bělohlávek Law Offices

Andrea Bjorklund, Visiting Professor, McGill University School of Law

Devin Bray, NAFTAClaims.com

Heather Bray, NAFTAClaims.com

Hon. Charles N. Brower

Hugh Carlson, Milbank, Tweed, Hadley & McCloy

Marinn Carlson, Partner, Sidley Austin LLP

Mark A. Clodfelter, Partner, Foley Hoag LLP

John Crook, Professor, George Washington University Law

Rocío Digón, King & Spalding

Alvaro Galindo, Dechert, LLP

Alex de Gramont, Crowell & Moring

Claudia Frutos-Peterson, Curtis, Mallet, Colt & Mosle LLP

David Gantz, Professor, University of Arizona, Rogers College of Law

Matthew Hodgson, Allen & Overy

Justin Jacinto, Curtis, Mallet, Colt & Mosle LLP

George Kahale III, Curtis, Mallet, Colt & Mosle LLP

Mark Kantor, Adjunct Professor, Georgetown University Law

Andrea Menaker, White & Case

Andrew D. Mitchell, Melbourne Law School

Michael Nolan, Milbank, Tweed, Hadley & McCloy LLP

Hugo Perezcano, Mexico

Joseph Profaizer, Paul, Hastings

Ashley Riveira, Crowell & Moring

Anthea Roberts, Professor, LSE

Chris Ryan, Shearman Sterling

Marco Schnabl, Skadden Arps

Stephen Schwebel, Judge

Natalí Sequeira, Counsel, World Bank

Matthew Slater, Cleary Gottlieb

Don Wallace, Professor, Georgetown Law Center

Schedule

8:30 – 9:00 Registration
Coffee and Tea upon Arrival
9:00 – 9:15 Opening Remarks by Conference Co-Chairs
Ian A. Laird, Todd Weiler, Borzu Sabahi and Frédéric Sourgens
9:15-10:45 – Procedural Devices for Early Resolution – Success or Failure?
This panel addresses the CAFTA rules regarding early resolution of investment claims. It will draw on the lessons from the analogous ICSID Arbitration Rule 41(5). One author will argue that early case resolution is a good idea — and should potentially be expanded to include early determinations in favor of the claimant. The other author will argue that early case resolution has been a disaster because key factual issues could not be developed in the cases which granted it.
10:45-11:00 Coffee/ Tea Break
11:00-12:30 – Should there be an Americas Investment Court?
There have been various efforts over the past fifty years to create a multilateral agreement of investment obligations, with one of the advantages being a single, international court for the resolution of investment claims. One of the positive results of these efforts has been the creation of ICSID. A major benefit of a single court would be the ability to appoint a top level group of arbitrators who are viewed as being independent from either investors or states. Our authors and panel will engage in a discussion about the problems with the current approach to arbitrator appointment and whether a more court focused model, based in the Americas, could provide a greater level of legitimacy to investor-state arbitration in the region.
12:30-13:45 Lunch
13:45-15:15 – Has Authoritative Interpretation Perverted the Treatment Standard in NAFTA?
This panel addresses the effect of authoritative interpretation by the treaty parties on the treatment standard in NAFTA. The discussion will include both the result of the interpretation reached by the NAFTA Free Trade Commission and the broader importance of authoritative interpretation in the context of investor-state arbitration. One author will support that authoritative interpretation in the NAFTA context was a success and a model to be followed in other cases. The other author will argue that the NAFTA approach was a failure and evidences that any authoritative interpretation approach in investment protection treaties must fail because of the inherent bias of the treaty parties.
15:15- 15:30 Coffee/ Tea Break
15:30- 17:00 – Investment, Trade, Health & Environment. Is NAFTA/ CAFTA More Than A Trade Agreement?
This panel will discuss the relationship between health and environmental regulations on the one hand and investment law on the other. Key among the topics of discussion will be the recent Philip Morris arbitrations, but the focus will further broaden to other notable environmental decisions reached by NAFTA tribunals.
17:00- 18:00 Cocktail Reception

Registration

Early Bird Fee (before 28 February 2012)
$595.00 USD
$375.00 USD for full-time academics, government employees and in-house counsel.

Regular Fee (after 28 February 2012)
$750.00 USD
$475.00 USD for full-time academics, government employees and in-house counsel.

Early Bird Registration $595
Early Bird Full-time academics, gov’t, in-house counsel $375

Special Student Rate: For full-time students with current ID only contact Juris Conferences at events@jurisconferences.com for current student rate.

Financial Aid: Our Financial Aid policy can be found here.

Fee includes: Written course materials, a copy of Investment Treaty Arbitration and International Law, Volume 6, Todd Weiler & Ian A. Laird, Editors (the proceedings of this conference when published a $125.00 value), refreshments at breaks, luncheon and a drinks reception following the program. The fee does not include accommodations.

Cancellations: 50% of the Symposium fee will be refunded for any cancellation received in writing by Juris Conferences LLC prior to Monday, March 12, 2012. No refund can be made for cancellations received after this date. You are welcome to send a substitute at any time. Please notify us if you plan to send a substitute since updated registration materials will be required.

Earn 7 hours NYS CLE credit hours (transitional and non-transitional) in the Areas of Professional Practice. (see our website www.jurisconferences.com for full information)

This course has been approved by the Supreme Court of Ohio Commission on Continuing Legal Education for 6.00 total CLE hour(s) instruction.

Seminar Location

Renaissance Mayflower Hotel
1127 Connecticut Avenue, NW Washington, DC 20036
Tel: 202-347-3000 or 1-800-228-7697 Fax: 202-776-9182
Website

Accommodations

Renaissance Mayflower Hotel

Rooms have been blocked for the night of March 26 and March 27, 2012 at the Renaissance Mayflower Hotel at the rate of $319.00 per room per night plus applicable taxes and fees.

Reservations must be received by February 27, 2012 to receive the preferred conference rate

Hotel Reservations Telephone: 1-800-468-3571

*Refer to Juris Conferences Room Block March 26-27, 2012.


Filed Under: Upcoming Juris Conferences