Twelfth Annual Investment Treaty Arbitration

6 March 2018.  Washington Plaza Hotel, Washington, D.C.


Early Bird Special- Register WITH Payment by 12 FEBRUARY 2018
and Pay a Reduced Rate:

Twelfth Annual Investment Treaty Arbitration

*Twelfth Annual Investment Treaty Arbitration

*Full-Time Academics, Government Employees, and Full-Time In-House Corporate Counsel.

Conference Registration Form

Preliminary Program

Keynote Address: Don McRae, Professor Emeritus in the Faculty of Law, University of Ottawa

Panel 1- Compliance with Local Law Clauses and Original Intent – A Natural or Problematic Evolution?

The original purpose of these clauses was just to exempt pre-investment decisions from liberalization, but tribunals have consistently used them as the basis for admissibility decisions involving corruption and other alleged illegalities in the establishment of investments. Is this an acceptable instance of arbitrator-made law?

Moderator: Michael Nolan
Authors: Alexander Hinckley

Panel 2- Be Careful What You Ask For: Can Recent Changes to BIT Models Satisfy ISDS Sceptics and Opponents?

I’m thinking of some of the changes seen in the CETA, which gives us the latest, “state-of-the-art” from Canada and the EU. It includes a general exemption provision that arguably narrows the protection of government decision-making under treatment-no-less-favourable clauses. It also includes the much vaunted investment court model, which might grant so much legitimacy to the “court” that it will become very difficult for State parties to “correct” decisions they don’t like, as they can currently do through various means. There’s also the transparency rule for third-party funding, which could normalize the practice in a way not desired by opponents.

Moderator: Paolo di Rosa
Authors: Amanda Lee and Paula Henin
Panelists: Eric de Brabandere, Grant Hanessian, Samaa Haridi, Ian Laird

Panel 3- Parallel Proceedings: A Right or Wrong?

Little is agreed on the topic of parallel proceedings. Are they on the rise or not? Are they merely the result of multiple rights to multiple fora being exercised by diligent parties or an abuse of rights? If parallel proceedings need to be regulated, how should they be regulated?

Moderator: To be announced
Authors: Ulyana Bradyn

Panel 4 – To Hot Tub or Not to Hot Tub?

Valuation experts seem to suffer from the same “usual suspects” problem as arbitration counsel: the very same people keep appearing over and over again in hearings. Whereas there’s absolutely nothing untoward about counsel as hired gun, some would argue that it’s inimical to the role of expert for valuators to be seen as hired guns, or as de facto extensions of the litigation team. Maybe the lis inter parted model is part of the problem. What if tribunals mandated hot tubing of valuators, to generate an atmosphere more conducive to cooperation?

Moderator: José Alberro
Authors: Matthew Morantz
Panelists: Timothy Nelson, Ben Sachs


Rooms have been booked for the nights of 5 March, and 6 March 2018 at the Washington Plaza Hotel at a rate of $289.00 per room (single) and $319.00 per room (double) per night, plus applicable taxes and fees.
Reservation must be received by 3 February, 2018 to receive the preferred conference rate.

Washington Plaza Hotel.

Hotel Contact Information:
Washington Plaza Hotel,
10 Thomas Circle, NW, Washington, DC 20005


Hotel Reservations Telephone: 202 842 1300 or 800 424 1140
Refer to JURIS Conferences 12th Annual Investment Treaty Arbitration Conference.

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