8 April 2019. Washington Plaza Hotel, Washington, D.C.
Registration
Early Bird Special rate extended until 25 March 2019; online only.
*ONLY available to Full-Time Academics, Government Employees, and Full-Time In-House
Corporate Counsel.
Click Here to Download the PDF Registration Form
Continuing Legal Education: Earn 7 hours of NYS CLE credit (transitional and non-transitional) in the Areas of Professional Practice.
Student Rate: For full-time students with current student ID; Contact JURIS Conferences at: events@jurisconferences.com for current rate.
Financial Aid:
Our Financial Aid policy is available here
Fee includes:
Written course materials, a copy of the Investment Treaty Arbitration, Volume 13, when published, refreshments at breaks, luncheon, and a drinks reception following the program. The fee does not include accommodations.
Conference Chairs
Todd Weiler’s practice has focused exclusively on international investment law and arbitration since being called to the bar of Ontario in 1999. He received a B.A. (Hons.) from the University of Waterloo (Canada), a M.A. and LL.B. from Western University (Canada), a LL.M. from the University of Ottawa, and a LL.M. and S.J.D. from the University of Michigan. He is also currently pursuing a Ph.D. in international and transnational history at Western University. From 1990 to 1996, he performed policy analysis for various departments of the Government of Canada and from 1997 to 1998 he clerked for Mr. Justice Howard Wetston at the Federal Court of Canada. In addition to inaugurating Juris’s conference and book series on international investment law and arbitration, Dr. Weiler is also a co-founder of both Investmentclaims.com, managed by Oxford University Press, and the Society of International Economic Law. His name has appeared on the Who’s Who Legal list of leading international arbitration lawyers since 2007 and on the Global Arbitration Review’s list of the world’s leading specialist international arbitration firms, the GAR 100, since 2011.
Meriam Al-Rashid is a Partner in Dentons’ New York office. She is a member of the Litigation and Dispute Resolution practice group where she focuses on international 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 arbitration before the ICDR, LCIA, UNCITRAL, ICC, ICSID and the Permanent Court of Arbitration (PCA) at The Hague. Ms. Al-Rashid acts as arbitrator on commercial and investor-state disputes primarily involving parties from the Middle East and North Africa. She has served as counsel in disputes and transactions involving parties from Libya, South Africa, Iraq, Republic of Austria, the United Kingdom, and the United States among many others.
Kabir Duggal is a Senior Associate in Arnold & Porter’s International Arbitration Practice Group in New York focusing on international investment arbitration, international commercial arbitration and public international law matters. He also acts as a Consultant for the United Nations Office of the High Representative for Least Developed Countries, Landlocked Developing Countries and Small Island Developing State (UN-OHRLLS) and a Lecturer-in-Law at Columbia Law Schools. He is admitted to practice law in England and Wales (Solicitor), New York, Washington, D.C. and India. Mr. Duggal was named as a “Future Leader” in international arbitration by Who’s Who Legal (2017).
Miriam K. Harwood is Co-Head of the Squire Patton Boggs Investment Arbitration practice and a Partner in the world-ranked International Dispute Resolution Practice Group, based in the firm’s New York office. Her work in international arbitration includes commercial disputes and investment treaty claims on behalf of foreign states, governmental agencies and private entities in a broad array of cases. She has handled arbitrations under the authority of major international arbitral organizations, including the International Centre for Settlement of Investment Disputes (ICSID), the International Court of Arbitration (ICC), and under the rules of the United Nations Commission on International Trade and Law (UNCITRAL).
Program
8:00 – 9:00 Registration – coffee and tea upon arrival
9:00 – 10:30 Session 1. Investment Arbitration under the Energy Charter Treaty in the Wake of Achmea v. Slovakia: Allowed or Forbidden?
As the 2018 judgement of the Court of Justice of the European Union continues to reverberate throughout the investment treaty and wider international commercial arbitration communities, investors, counsel, arbitrators, governments, and other stakeholders will continue to be challenged to contemplate an appropriate response. This panel will consider two opposing contributions as to where we might, or might not, go from here.
Moderator: Teddy Baldwin – Steptoe & Johnson
Authors: Jadranka Jakovcic – Curtis, Mallet-Prevost, Colt & Mosle
Clémence Prévot – Independent Consultant
Panel: Stephen Anway – Squire Patton Boggs
Markus W. Gehring – University of Cambridge
Amaia Rivas Kortazar – Ministry of Justice, Spain
Miriam Harwood – Squire Patton Boggs
10:30 – 10:45 Networking Coffee/Tea Break
10:45 – 12:15 Session 2. Third Party Funding: Can it be Regulated? Should it be Regulated?
Long a hot button topic for critics of the investor-State dispute settlement system, the attack on third party funding shifted to the academe in recent years, in addition to being placed on the agenda for reform of arbitral rules and even contemplated in the negotiation of recent investment treaties. All the while, the business of litigation funding has continued to rapidly evolve, raising fundamental questions about how, when, and/or why to regulate it at all. One author has been tasked with arguing in favour of regulation, the other, against.
Moderator: José Alberro – Cornerstone Research
Authors: Camilla Gambarini – Withers Worldwide
Jessica Beess und Chrostin – King & Spalding
Panel: Sarah Lieber – Stifel, Nicolaus & Company, Inc.
Ulyana Bardyn – Dentons
Jose Antonio Rivas – Vannin Capital
Claire Stockford – Shepperd Wedderburn
12:15 – 13:15 Networking Lunch
13:15 – 13:45 Keynote Luncheon Address: George Bermann – Gellhorn Prof. of Law & Jean Monnet Prof. of European Union Law Director, Center for International Commercial and Investment Arbitration (CICIA) Co-Director, European Legal Studies Center Columbia University School of Law
13:45 – 15:15 Session 3. Corruption After Establishment: Should it Disqualify Otherwise Meritorious Claims?
Corruption has become an increasingly common issue in investor-estate arbitration, having become firmly entrenched as a jurisdictional objection. Its utility as a defence on the merits is much less certain, however, as the international public policy prohibiting wilful participation in corrupt acts meets the international national public policy protecting investment and the general international law law principle of unjust enrichment. Our authors have been asked to stake out opposing positions on whether corruption committed after an investment has already been established should nullify an otherwise meritorious treaty claim.
Moderator: Michael Nolan – Milbank, Tweed, Hadley & McCloy
Authors: Bart Wasiak – Arnold and Porter
Liang-Ying Tan – Herbert Smith Freehills
Panel: Ian Laird – Crowell Moring and JURIS Conference Co-Chair and Organizer Emeritus
Dawn Yamane Hewett – Quinn Emmanuel
Tafadzwa Pasipanodya – Foley Hoag
Rekha Rangachari – NYIAC
15:15 – 15:30 Networking Coffee/Tea Break – compliments of Milbank
15:30 – 17:00 Session 4. Should Costs Go with the Cause in Investment Treaty Arbitration?
Investment treaty arbitration was a unique, hybrid form of international dispute settlement from the start. With so much of its practice, and most of its practitioners, borrowed from international commercial arbitration, it might have been expected that costs would increasingly be awarded with the cause too. But the argument can be made that investment treaty arbitration is better understood as a form of international administrative law, for which a strict rule of costs following the cause might discourage access to justice. One of our authors has been tasked with making that argument and the other, a response.
Moderator: Timothy G. Nelson – Skadden, Arps, Slate, Meagher & Flom
Authors: Joel Dahlquist – PhD Candidate, Uppsala University, and Co-Host, The Arbitration Station Podcast
Brian Kotick – Winston & Strawn, and Co-Host, The Arbitration Station Podcast
Panel: Charles “Chip” Brower Miller Canfield, and Wayne State University School of Law
Lucinda Low – Steptoe & Johnson
Patrick W. Pearsall – Jenner Block
Nicole Silver – Greenberg Traurig
17:00 – 18:00 Cocktail Reception
Accommodations
Washington Plaza Hotel – Rooms have been blocked until 26 March after this date rooms are subject to availability.
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 13th Annual Investment Treaty Arbitration Conference.
