Tenth Annual Investment Treaty Arbitration Conference – May 12, 2016

The conference will be held over a two day period – May 12 and May 13, 2016 at the Washington Plaza Hotel.

”Contents”

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Program Information
Program
Conference Chairs
Keynote Speaker
Faculty
Accommodations:

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Program Information

In honor of our 10th Anniversary Conference, our traditional one day program has been expanded to include a second half day – at the same low price as our one day conferences. Our group of 10 authors again take contrary positions and grapple with the dramatic developments of investment arbitration over the past 10 years. With TPP and TTIP on the horizon, half of our authors take the view that the field is a doomed experiment and the other half of our authors paint a picture of a revolutionary development in a still nascent form, with more greatness yet to come. The debate continues!

Investment Treaty Arbitration and International Law – Volume 10

All attendees receive a copy of Investment Treaty Arbitration and International Law – Volume 10, a $125 value, the leading reference and guide on the topic,refreshments at breaks, luncheon.
There will be a Drinks Reception following Day 1, May 12, 2016, Opening Session 1.

ONLINE REGISTRATION FOR THIS CONFERENCE IS NOW CLOSED

Conference Registration Form

Program

Day 1 – May 12, 2016

14:00 – 15:00 Registration – Coffee and Tea upon Arrival

15:00 – 15:30 Opening Remarks by Conference Co-Chairs

15:30 –17:00
SESSION ONE: Is the arbitration model for investment dispute resolution dying?

Courts versus arbitration – our authors pit the original, arbitration-based procedural model adopted in the TPP with the new world order of the proposed TTIP court‎.

Moderator: Joseph Profaizer Authors: Joanna Coyne, Josh Simmons

Panel: Don Wallace, Katia Yannaca-Small, Hugh Carlson, José Antonio Rivas

17:00 – 19:00 Drinks Reception

Day 2 – May 13, 2016

8:00 – 9:00 Registration – Coffee and Tea upon Arrival

9:00 – 9:15 Opening Remarks by Conference Co-Chairs

9:15 – 10:45
SESSION TWO: ‎10 years of abusive round pegs in square holes or a system already moving in the right direction?

The definitions of “investor” and “investment” have created a contentious debate about the proper scope of investment arbitration. Our authors look back at 10 years of Juris conferences on this issue and debate the future under the new models of investment treaties.

Moderator: Michael Nolan Authors: Mark McCrone, Marat Umerov

Panel: Edward “Teddy” Baldwin, Eloïse Obadia, Janet Whittaker, Borzu Sabahi

10:45 – 11:00 Coffee/Tea Break

11:00 – 12:30
SESSION THREE: Fair and equitable treatment – an evolutionary international standard or artificial legal fiction?

Where did it come from and does FET have a future? Our authors debate as to whether FET has become too big a threat to state sovereignty or has it merely led to overblown hysterics?

Moderator: Laurence Shore Authors: Alex Slade, Nicole Silver

Panel: Jack Coe Jr., Meriam Al-Rashid, Ben Love, Silvia Marchili

12:30 – 13:30 Lunch

13:30 -13:45 Keynote Speaker‎ – Mark Kantor

13:45 – 15:15
SESSION FOUR: Damages in investment arbitration – a revolutionary remedy or reward for rich corporations at the expense of the world’s poor?‎ A fundamental examination of Chorzow’s children.

Our panelists examine 10 years of significant developments in the determination of damages in international investment arbitration. Our first author argues that this has been a positive development towards more consistency and certainty, while our second author concludes that the recent developments have only led to more confusion.

Moderator: Timothy Nelson Authors: John Branson, Floriane Lavaud

Panel: Marinn Carlson, José Alberro, James Searby, Ben Sacks, Benard V. Preziosi Jr.

15:15 – 15:30 Coffee/Tea Break

15:30 – 17:00
SESSION FIVE: “International Investment Arbitration – Revolutionary development or doomed experiment?”

Our two authors take stock of the past 10 years of JURIS debate and give their final contrasting position on the conference theme.

Moderator: Frédéric Sourgens Authors: Ian Laird, Todd Weiler

Panel: Charles (Chip) Rosenberg, Kabir Duggal, Ashley Riveira, Josh Kallmer

Conference Chairs

Ian Laird is Co-chair of Crowell & Moring’s International Dispute Resolution Group and an adjunct professor at Columbia University’s School of Law and Georgetown University Law Center. He represents a range of clients in international arbitration proceedings involving disputes between corporation and foreign sovereign governments. Mr. Laird is recognized as a leading practitioner in the arbitration field by the International Who’s Who of Commercial Arbitration Lawyers in 2015. He is best known for being lead counsel for Khan Resources Inc., which recently secured a US$100 million international arbitration award against the Government of Mongolia (in March 2105). As a former chief of staff to a Canadian cabinet minister and a senior political aide to the Ontario Minister of Energy, he has run political campaigns and understands the intimate working of government and politics, as well as their impact on industry.

Borzu Sabahi is Counsel to Curtis, Mallet-Prevost, Colt & Mosle and is located in their Washington, D.C. office. Dr. Sabahi focuses his practice on representing governments and state-owned entities in investment treaty arbitration, international commercial arbitration and public international law matters. His industry experience includes working on energy-related disputes (in oil & gas as well as power projects), as well as disputes pertaining to mining, construction, gambling, satellite television, royalty agreements, tax , and allocation of water under international treaties. Dr. Sabahi is the co-director of the International Investment Law Center at the International Law Institute where he designs and oversees training programs principally for Government officials from developing countries as well as professionals from the private sector on international investment treaties and investor State arbitration.

Frédéric Sourgens is an Associate Professor of Law at Washburn University Law School. His teaching and scholarship focuses on international dispute resolution, with a particular emphasis on resolution of disputes involving political risk. He has published numerous articles on international arbitration and serves as editor for the Oxford University Press reporter of investor-state arbitral decisions. Prior to joining Washburn Law, Professor Sourgens practiced international arbitration in the Washington ,D.C. office of Milbank, Tweed, Hadley & McCloy. He worked as counsel in ICSID, UNCITRAL, ICC and LCIA arbitrations. While in Washington, D.C., he was an Adjunct Professor of Law at Georgetown University Law Center.

Todd Weiler is an investment treaty counsel and arbitrator and noted expert on NAFTA Chapter 11. Mr. Weiler has served as arbitrator, consulting expert and co-counsel in disputes and arbitrations involving investors, host states and interested third parties. He is the Co-Founder of Investmentclaims.com and the publisher of NAFTAClaims.com

Keynote Speaker

Mark Kantor is a qualified arbitrator and mediator in commercial and investment disputes. He is a member of the AAA Commercial and International Panels, the AAA’s Large Complex Cases Roster, the AAA/ICDR’s Energy Arbitrators, the LCIA list of arbitrators, the CPR Panel of Distinguished Neutrals for Banking and finance, and the CPR International Panel among many other organizations. Mr. Kantor was a Partner with Milbank, Tweed, Hadley & McCloy where his principal transactional focus was in the area of domestic and international investment and finance. His recent arbitration and mediation engagements include disputes in the energy (upstream, mid-stream, and downstream oil & gas and power), M&A, telecommunications, health care and pharma, semiconductors, political risk insurance, generic to-level domains, securities, water rights among many other areas.

Faculty

Meriam Al-Rashid is a member of Dentons’ Litigation and Dispute Resolution practice group in the New York office where she focuses on international investment and commercial arbitration and risk management, covering various industries across the globe, including infrastructure, oil and gas, mineral resources, hospitality and real estate. Her experience includes participation in arbitrations before the ICDR, LCIA, UNCITRAL, ICC, ICSID and the Permanent Court of Arbitration (PCA) at The Hague. Ms. Al-Rashid has served as counsel in disputes and transactions involving parties from Libya, South Korea, the United Arab Emirates, the Arab Republic of Egypt, Iraq, Lebanon, the Republic of Turkey, the Czech Republic, Austria, Rwanda, Ethiopia, the United Kingdom, Canada, and the United States among many others. She also acts as arbitrator on commercial and investor-state disputes primarily involving parties from the Middle East and North Africa.

José Alberro co-heads Cornerstone Research’s international arbitration and litigation practice. His expertise focuses on applied economic and financial modeling across a variety of industries, with particular depth in oil and natural gas, petrochemicals, consumer goods, industrial inputs, and telecommunications. He specializes in damages estimation in the context of international arbitration; mergers and antitrust; tariff design in network industries (electricity, natural gas transportation and distribution, water); and economic impact analysis. Dr. Alberro has provided expert testimony in international arbitration on four continents, involving both investor-state and commercial disputes. He has testified in proceedings under ICSID, UNCITRAL, ECT, and ICC rules.

Edward G. “Teddy” Baldwin is a Partner in Baker & McKenzie’s Washington, D.C. office. He regularly represents multinational clients in international arbitration proceedings and in matters before U.S. federal and state courts. Mr. Baldwin has extensive experience in investor-state arbitration before the ICSID
and ad hoc tribunals, commercial arbitration under various rules and institutions, and U.S. litigation. He focuses his practice on international arbitration, transactional litigation, sovereign immunity issues and enforcement of judgments and awards. He advises and has worked with companies all over the world, including, China, Japan, South Korea, Mongolia, the Philippines, Indonesia, Brazil, Venezuela, Argentina, United Arab Emirates, Germany, France, Czech Republic, and South Africa.

John Branson, is Attorney in the Charlotte office of Womble Carlyle Sandridge & Rice. He has broad litigation practice that encompasses complex business litigation and arbitration. Mr. Branson has experience defending and prosecuting investment and commercial claims under the rules of a variety of arbitration institutions. He is the Director of the Charlotte International Arbitration Society.

Hugh Carlson is an Attorney in the Washington, D.C. office of Three Crowns LLP. He specializes in international arbitration and arbitration-related litigation in U.S. courts. Prior to joining three Crowns, Mr. Carlson practiced international arbitration in the Washington, D.C. office of a large international law firm where he represented multinational corporations and sovereign States. His recent experience includes, acting for Conoco Phillips in separate ICSID and ICC arbitration arising in part from the expropriation of hydrocarbon assets in Venezuela, acting for the Mongolian government in UNCITRAL arbitration initiated by investors in Mongolia’s mining industry, and acting for German investors in ICSID

Marinn Carlson is a Partner in Sidley Austin’s Washington, D.C. office. She focuses her practice in international dispute settlement, with an emphasis on investment disputes, including investor-state arbitration and international commercial arbitration. Ms. Carlson has represented foreign investors as well as respondent governments in ICSID and UNCITRAL arbitration under investment treaties and trade agreements, including NAFTA. She counsels clients in sectors ranging from financial services to energy to infrastructure development on the implications of international trade and investment rules for their global operations.

Jack J. Coe, Jr. is a Professor and the Faculty Director of the LLM Concentration in International Commercial Arbitration at Pepperdine School of Law. Professor Coe consults with government and multinational corporations in relation to commercial and direct investment disputes under the treaties and has both argued international arbitral claims and acted as arbitrator in ad hoc and institutional arbitration. He is on the arbitrator panel of the ICDR. His consultancies and arbitral appointments have involved him in a wide variety of commercial topics including production sharing agreements, mining joint-ventures, patent cross-licensing and domain name management.

Joanna Coyne is an Associate in the Washington, D.C. office of Crowell & Moring. She is a member of the firm’s International Dispute Resolution and Commercial Litigation group. In her practice, Ms. Coyne represents clients in a wide-range of complex litigation and arbitration matters, with a special focus on international disputes. She focuses her practice on international investment and commercial arbitration. Ms. Coyne has served as counsel in investment disputes involving a wide range of countries, including Mongolia, Turkey, Egypt, Ghana, El Salvador, and Oman. Her experience includes disputes conducted in such fora as ICSID, ICC, UNCITRAL and ECT. She has significant experience interpreting and applying foreign investment laws, and has conducted or assisted in several examinations of witnesses and foreign law experts in arbitration hearings.

Kabir Duggal, is a Senior Associate in Baker & McKenzie’s International Arbitration Practice Group in New York. His practice is focused on international investment arbitration, international commercial arbitration and public international law matters. Mr. Duggal’s experience includes disputes under numerous bilateral and multilateral investment treaties in South Asia, Latin America, Central Asia, Middle East, Europe and Africa. He is a Lecturer-in-Law at the Columbia Law School, teaching “International Investment Arbitration,” and also gives lectures at the Georgetown University Law School and Fordham Law School.

Josh Kallmer is a Senior Vice President for global policy with Information Technology Industry Council (ITI), leading ITI’s global team to expand market opportunities around the world for its member companies. Before joining ITI, Mr. Kallmer was a counsel in Crowel & Moring’s International Trade and International Dispute Resolution groups in Washington, D.C. There he focused on helping companies use international trade and investment agreements and other policy tools to overcome regulatory and market access barriers in foreign markets. He played a leading role in developing strategies to mitigate the regulatory, policy, and geopolitical risks that companies face when operating overseas, which included using bilateral investment treaties (BITs) and other international agreements to advance their business interests. Prior to this, Mr. Kallmer served as Deputy Assistant U.S. Trade Representative for Investment, where he was responsible for developing and implementing U.S. international investment policy and negotiating with foreign governments to secure greater market access and better treatment for U.S. companies abroad.

Florianne Lavaud is a Senior Litigation Associate in Debevoise & Plimpton’s New York office. Her practice focuses on international investment and commercial arbitration and enforcement-related litigation, in particular in the energy and mining sectors. She is admitted to the New York and the Paris Bars, in addition to being a Solicitor in England and Wales. Ms. Lavaud represents clients in arbitration conducted under the auspices of the main arbitration institutions and in related court proceedings. She has advised clients in a variety of jurisdictions on issues of civil and common law, public international law, treaty and contract interpretation, and maritime boundary. Her expertise also includes the assessment of damages and the enforcement of arbitration awards, especially under the Foreign Sovereign Immunities Act and other similar legislation.

Ben Love is a Senior Associate in the New York office of Freshfields Bruckhaus Deringer. He practices in their international arbitration and public international law groups. Mr. Love has acted as both counsel and tribunal secretary in a wide variety of commercial and investment treaty arbitrations, with a particular focus on the energy sector. He has extensive experience in arbitrations against Latin American States, and his recent mandates include representing investors in multi-billion dollar arbitrations against Egypt and it State entities arising out of the Peace Pipeline project, securing a favorable award for Total in its ICSID arbitration against Argentina, and advising clients in claims against sovereigns and State entities in Algeria, Kazakhstan, and various European States.

Silvia Marchili is a Partner in King & Splading’s Internatinoal Arbitration Group in Houston. She has more than 14 years of experience focusing on complex international arbitration cases involving both investment and commercial claims. Ms. Marchili regularly appears before international tribunals under the World Bank’s International Centre for the Settlement of Investment Disputes (ICSID) Convention and other arbitration rules. She advises multinational companies on how to maximize treaty protection of their investments and has represented parties in twenty investment arbitration cases. Among her recent cases are some of the largest ICSID BIT awards ever obtained by foreign investors. She has also represented parties in commercial arbitrations governed by the ICC, LCIA, UNCITRAL , and Inter-American Commercial Arbitration Commission (IACAC/CIAC) rules. Her cases have involed several sectors, including oil & gas, power, infrastructure, and aviation.

Mark McCrone is a Senior Associate in Baker & McKenzie LLP’s Dispute Resolution Practice Group in Washington, DC. Mr. McCrone focuses his practice on investor-state and international commercial arbitration, transnational and domestic litigation, sovereign immunity issues and enforcement of judgments and awards. Mr. McCrone has represented clients in arbitration proceedings in various fora as well as state and federal courts. He has represented and advised clients with respect to RICO claims; SEC enforcement actions; accounting malpractice claims; copyright and trade secret claims; sovereign immunity; World Bank investigations; enforcement of judgments and service of persons abroad.

Timothy Nelson is a Partner in the New York office of Skadden, Arps, Slate, Meagher & Flom. He represents clients in a variety of disputes involving cross-border and international law issues, including arbitration before international bodies such as the American Arbitration Association/International Centre for Dispute Resolution (ICDR), the International Chamber of Commerce (ICC), the International Centre for Settlement of Investment Disputes (ICSID) and tribunals constituted under the Arbitration rules of the United National Commission of International Trade Law (UNCITRAL).

Michael Nolan is a Partner in the Washington, D.C. office of Milbank, Tweed, Hadley & McCloy and a member of the firm’s Litigation and Arbitration Group. A partner since 1998, Mr. Nolan has represented clients in US federal and state courts and before arbitral tribunal in all manner of complex disputes, including general commercial, securities, antitrust, tax and insolvency cases. Mr. Nolan’s practice has a particular focus on international arbitration and transnational litigation. He has served as counsel or arbitrator in cases under AAA, ICC, ICSID, UNCITRAL and other rules. His arbitration experience has involved electricity, gas, transportation and mining concessions; joint-venture agreements, satellite and other insurance coverage; construction; and energy distribution. He has represented both investors and states in arbitration pursuant to bilateral investment treaties and the Energy Charter Treaty.

Eloïse Obadia is a Partner in the Washington, D.C. office of Derains & Gharavi. She acts as counsel in investment arbitration. Before joining Derains & Gharavi, she was Senior Counsel and Team Leader at the ICSID. From 1997 to 2013, she served as Secretary of the Tribunal in more than 60 arbitral proceedings brought under the ICSID Convention, the ICSID Additional Facility Rules and the UNCITRAL Rules. These proceedings included claims in relation to a broad spectrum of industries and were based on bilateral investment treaties, NAFTA, the Central American Free Trade Agreement, national investment laws and international contracts. While at ICSID, Ms. Obadia also supervised a team of lawyers, developed internal best practices, and regularly appeared as speaker and gave training on investment arbitration.

Benard V. Preziosi Jr. is a Partner in the Litigation and International Arbitration groups of Curtis, Mallet-Prevost, Colt & Mosle’s New York office. His practice focuses primarily on complex commercial disputes. Mr. Preziosi has represented corporations, partnerships and individuals in matters relating to post-transaction disputes involving claims under indemnification provisions of stock and asset purchase and sales agreements, and disputes arising under partnership agreements, non-competition agreements and long-term supply contracts involving claims of force majeure, commercial impossibility and impracticability, frustration of purpose, and mutual mistake. He also has represented governments and state-owned entities in arbitral disputes before the ICSID and ICC tribunals.

Joseph Profaizer is a Partner in the Litigation Department of Paul Hastings’ Washington, D.C. office. He maintains a litigation and arbitration practice that focuses on complex international disputes. Mr. Profaizer represents public and private corporations as well as foreign sovereigns and their instrumentalities in a wide range of complex multi-jurisdictional disputes, including insurance, investment, commercial, construction, energy, e-commerce, pharmaceutical, securities, and technology disputes. He has successfully represented clients in state and federal courts at both the trial and appellate levels, as well as in more than 50 arbitrations under the rules of the ICC, the AAA/ICDR, the LCIA, the SIAC, the HKIAC, ICSID, JAMS, and UNCITRAL.

José Antonio Rivas is an Attorney in Arnold & Porter’s Washington, D.C. office. He focuses his practice on dispute resolution and representation of sovereign States and private sector companies in international arbitration, litigation, and public international law matters. Mr. Rivas represents a sovereign State in DR-CAFTA disputes and a Turkish energy company in an ICSID dispute against Pakistan. He has also advised sovereign States n model investment treaties, and matters concerning the law of the sea, territorial disputes, and protection of cultural heritage. Mr. Rivas is an experienced treaty negotiator as a result of his services as Foreign Investment director at the Colombian Ministry of Trade. Earlier in his career, he served as legal counsel at ICSID.

Ashley Riveira is a Counsel in Crowell & Moring’s International Dispute Resolution Group and focuses her practice on international arbitration and litigation. Ms. Riveira’s international experience includes disputes involving Mongolia, El Salvador, Libya, the Islamic Republic of Iran, Uzbekistan and the Internet Corporation for Assigned Names and Numbers (ICANN) in for a such as ICSID, ICC, and the International Arbitral Centre of the Austrian Federal Economic chamber, as well as ad hoc arbitration conducted under the UNCITRAL Arbitration Rules and disputes arising under CAFTA and the ECT.

Charles “Chip” Rosenberg is an Attorney in the Washington, D.C. office of White & Case in the firm’s International Arbitration Group. He represents foreign sovereigns and private parties in complex international cases. Mr. Rosenberg has experience representing clients in disputes at the ICSID and the ICC, as well as under the Energy Charter Treaty and the arbitration rules of UNCITRAL.

Benjamin A. Sacks is a Principal with The Brattle Group in Washington, D.C. He has more than fifteen years of consulting experience in valuation, international arbitration, securities, commercial damages, tax, and product liability matters. Mr. Sacks assists corporation, investors, and U.S. and foreign governments and agencies in developing and presenting economic and financial testimony in complex litigation. He recently supported expert testimony in several international arbitrations regarding the Yukos oil company, including one in which claimed damages exceeded $100 billion.

James Searby is Senior Managing Director in FTI Consulting’s economic and financial consulting practice in Washington, D.C. He specializes in the assessment of quantum issues in contentious matters, in both litigations in national courts and international arbitrations. Mr. Searby’s primary expertise is in the field of valuation, whether of business, contracts, damages, intellectual property or financial assets. He led FTI Consulting’s International Arbitration practice in the Asia Pacific region from 2011 through early 2015, where has given evidence before both Courts and arbitral tribunals. In April 2015, he moved to Washington, D.C. to lead the build-up of the International Arbitration practice in that region. The range of Mr. Searby’s industry experience encompasses telecommunications, oil and gas, chemicals, tobacco, infrastructure, healthcare, media, life insurance, retailing and banking.

Laurence Shore is a Partner in Herbert Smith Freehills’ New York office. He is an international arbitration specialist. He frequently sits as an arbitrator in ICC and ICDR cases. Mr. Shore is a member of the ICC Commission’s United States delegation, and the LCIA’s North America council. He has been the lead advocate in a large number of international arbitration cases under, for example, the ICC, ICDR, UNCITRAL, LCIA, Cairo Regional Centre, society of Maritime Arbitrators, and Swiss Arbitration Rules. His experience includes among many other cases a London-seat arbitration regarding a liquefied natural gas contract dispute, counsel for a U.S. international mining and natural resources company in an ICC arbitration seated in New York, under New York law, concerning a disputed agreement for the supply of iron ore.

Nicole Silver is Of Counsel in Winston & Strawn’s Washington, D.C. office. She focuses her practice in international dispute resolution, with an emphasis on investment disputes, in particular, investor-state arbitration. Ms. Silver has represented foreign investors as well as respondent governments in ICSID and UNCITRAL arbitrations under investment treaties. She is part of the team that is defending the Republic of Ecuador against arbitral claims brought by Chevron. Ms. Silver’s work was recognized in the most recent GAR 100, drawing particular attention to “the clarity of her expositions.” Ms. Silver has advised clients around the world, with a focus on Central and South America and the Middle East.

Josh Simmons is a Senior Associate in the Washington, D.C. office of Three Crowns LLP and an Adjunct Professor at the University of Virginia School of Law.. He has extensive experience representing both investors and States in complex, high-value disputes under investment treaties and contracts. Prior to joining Three Crowns, Mr. Simmons served at the U.S. Department of State in the Office of the Legal Adviser, where he represented the United States in international arbitrations, managed claims by U.S. nationals against foreign governments, and helped negotiate a landmark Holocaust compensation agreement between the United States and France

Alexander Slade is a Senior Associate in the London office of Vinson & Elkins. He has broad experience in investment arbitration and international commercial arbitration, under a wide range of arbitral seats and governing laws. He is familiar with all major institutional rules, and has particular experience under the ICSID, ICC, LCIA, SCC and UNCITRAL. Mr. Slade has also been involved in numerous claims in the English High Court. He is admitted in England as a Solicitor Advocate. Mr. Slade’s practice covers a wide variety of sectors, particularly energy, infrastructure, construction, and telecommunications, and he advises on dispute resolution clauses, public international law, international investment law and nationality planning, and issues arising out of EU sanctions. In 2011, he was seconded to the London Court of International Arbitration where he administered arbitration as part of the counsel team.

Marat Umerov is an Attorney in the Washington, D.C. office of Curtis, Mallet-Prevost, Colt & Mosle. He practices in their International Arbitration group and focuses on investor-state arbitration, international law and investment law. Prior to joining Curtis, Mr. Umerov worked as a consultant for the ICSID. At ICSID, he served as Secretary of Arbitral Tribunals and assisted tribunal secretaries in disputes arising under bilateral investment treaties, host countries’ investment law, the Energy Charter Treaty, and NAFTA.

Don Wallace is the Chairman of the International Law Institute, Professor Emeritus and Adjunct Professor at Georgetown University School of Law. He specializes in the fields of international law and foreign affairs. He is currently a member of the Secretary of State’s Advisory Committee on Private International Law, A U.S. Delegate to UNCITRAL and a correspondent of UNIDROIT and the vice president of the UNIDROIT Foundation in Rome.

Janet Whitaker is Counsel at Simpson Thacher & Bartlett LLP and is a member of the firm’s Litigation Department. Her practice focuses on international arbitration and litigation. She has acted as counsel in commercial and investment treaty arbitration under the major arbitration rules and ad hoc. Ms. Whittaker previously served as Legal counsel at the International Centre for Settlement of Investment Disputes (ICSID) at the World Bank. In her role at ICSID, she was responsible for cases brought under bilateral and multilateral investment treaties and national investment laws in Asia, Latin America and North America.

Katia Yannaca-Small is a Counsel in the Washington, D.C. office of Shearman & Sterling. She practices in their International Arbitration and Public International Law Groups, where she primarily focuses on representing and advising States, State-owned entities and companies on investor-State dispute settlement and public international law issues. Ms. Yannaca-Small previously was in charge of OECD’s analytical work on legal issues related to international investment agreements and investment arbitration. She was also Senior Counsel at the International Center for Settlement of Investment Disputes (ICSID), where she served as Secretary of Tribunals in a number of investor-State disputes brought under bilateral investment treaties and NAFTA. She has written extensively on investor-State arbitration disputes brought under bilateral investment treaties and NAFTA.