Thirteenth Annual Investment Treaty Arbitration

8 April 2019.  Washington Plaza Hotel, Washington, D.C.

Registration

Early Bird Special rate extended until 25 March 2019; online only.

PDF Registration Form

Thirteenth Annual Investment Treaty Arbitration
$595.00

*Thirteenth Annual Investment Treaty Arbitration
$375.00

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

Click Here to Download the PDF Registration Form

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:

Investment Treaty Arbitration and International Law - Volume 10
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.

Program

Conference Chairs

Todd Weiler is Founder of the annual JURIS Investment Treaty and Arbitration Conference as well as Editor of the Conference Proceedings Volume.  He is a Independent Arbitrator and a Historian of international investment law and arbitration.  Called to the bar of Ontario in 1999, Dr. Weiler has served as arbitrator, consulting expert and co-counsel in many dozens of disputes involving investors, host states and third parties.

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

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
Clemence Prevot – Bredin Prat

Panel:  Stephen Anway – Squire Patton Boggs
Markus W. Gehring – University of Cambridge
Amaia Rivas Kortazar – Ministry of Justice, Spain
Miriam Harwood – Curtis, Mallet-Prevost, Colt & Mosle

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

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

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:  Gaela Gehring Flores – Arnold and Porter
Dawn Yamane Hewett – Quinn Emmanuel
Ian Laird – Crowell Moring and JURIS Conference Co-Chair and Organizer Emeritus
Tafadzwa Pasipanodya – Foley Hoag

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:  Nicole Silver – Greenberg Traurig
John Fellas – Hughes Hubbard & Reed
Lucinda Low – Steptoe & Johnson
Charles “Chip” Brower – Miller Canfield, and Wayne State University School of Law

Accommodations

Washington Plaza Hotel – Rooms have been blocked until 18 March after this date rooms are subject to availability.

Hotel Registration Click Here

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.

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