Fourteenth Annual Investment Treaty Arbitration: A Debate & Discussion – “Evidence of Systemic Reform; True or False?” 4-session webconference

A four-session conference hosted on Zoom by JURIS Conferences.
Sessions will be held at the same time on Tuesdays: May 26, June 2, June 9, and June 16. The full program is described further below.

Bonus Complimentary
Session V:
Keynote Address by Lucinda Low
Tuesday 23 June 2020
live-streamed 4:00pm – 5:00pm EST
on JURIS’ Facebook page and YouTube channel
via Zoom

Registration includes one month of complimentary access to:
JURIS Arbitration Law

Registration is Closed

Conference recordings for each session available for purchase and may be watched at one’s leisure. To view these recordings head to Arbitration Law or contact us at: marketing@jurispub.com.

This Conference has Ended
Conference Fee Included:
Conference fee (both individual 1-session and 4-Session) includes conference participation and written course materials, including a copy of the book resulting from this conference: Investment Treaty Arbitration, Volume 14 (when published).

Investment Treaty Arbitration and International Law - Volume 10

The conference registration fee also includes one month of complimentary access to Arbitration Law, a database powered by JURIS covering virtually all forms of international, as well as U.S., arbitration.  Arbitration Law’s digital library, containing 13,500 documents and over 200 proprietary treatises, practice manuals, and monographs, offers exclusive access to comprehensive and authoritative works that analyze all aspects of the arbitral process.  In addition to primary resources, Arbitration Law contains exclusive works contributed by preeminent arbitration practitioners and scholars, including Emmanuel GaillardLawrence NewmanDoak BishopGeorge BermannEdna SussmanLoukas A. MistelisMichael Moser, Lucy ReedLaurence Shore,  and dozens more. Arbitration Law also offers access to 11 of JURIS’ exclusive arbitration journals and their archives, including the Dispute Resolution Journal, American Review of International Arbitration, European International Arbitration Review, World Arbitration and Mediation Review, and more.

Added Video Bonus: Introduction by Frédéric Sourgens (Washburn University School of Law) of Keynote Address Speaker Lucinda Low (Steptoe, Washington, D.C.)

Student Rate: For full-time students only; e-mail copy of current student ID with letter of interest to: JHernandez@jurispub.com for current rate and questions.

Financial Aid

Our Financial Aid policy is available here

NYS CLE credit (non-traditional) in the Areas of Professional Practice (1.5 hours for an individual session; 7 hours for the full 4-Session Conference) and a general certificate of attendance will be provided upon receiving signed Attorney Affirmation Form and attendance is verified. You may submit form and any questions regarding CLE to: JHernandez@jurispub.com.

Session I (May 26, 2020): Click here to download the Attorney Affirmation Form
Session II (June 2, 2020): Click here to download the Attorney Affirmation Form
Session III (June 9, 2020): Click here to download the Attorney Affirmation Form
Session IV (June 16, 2020): Click here to download the Attorney Affirmation Form

Conference Chairs

Todd Weiler launched JURIS’s Investment Treaty Arbitration conference and book series on international investment law and arbitration in 2006. He is a leading expert on international investment law and arbitration, having participated in many dozens of disputes as counsel, expert, or arbitrator since being called to the bar of Ontario in 1999. He holds a M.A. in public policy and a LL.B. from Western University (Canada), a LL.M. in international trade law from the University of Ottawa, and a LL.M. and a S.J.D. in international investment law from the University of Michigan.  He is also currently pursuing a Ph.D. in international and transnational history at Western University.  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.

Kabir Duggal, of Arnold & Porter (New York), focuses his practice on international investment arbitration, international commercial arbitration and public international law matters, serving both as counsel and arbitrator. Dr. Duggal’s experience includes complex disputes under numerous bilateral/multilateral investment treaties and contracts in South Asia, Latin America, Central Asia, Middle East, Europe, and Africa. His experience flows from his triple training in international law, common law, and civil law traditions. The total value of the disputes he has been involved in exceeds 80 billion dollars. He has facilitated the mediation and negotiation of complex disputes. 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 States (UN-OHRLLS) on the creation of a novel “Investment Support Program” (which was shortlisted by Global Arbitration Review for the category of “Best Developments” for 2018). He also serves on the Steering Committee of the Investment Support Program. Dr. Duggal is a Lecturer-in-Law at the Columbia Law School, teaching “International Investment Law and Arbitration.” He is also a Course Director and Faculty Member for the Columbia Law School-Chartered Institute of Arbitrators Comprehensive Course on International Arbitration.

Session V:

Keynote Address by Lucinda Low- Steptoe, with an introduction by Frédéric Sourgens- Washburn University School of Law (Recording)

JURIS Conferences’ Investment Treaty Arbitration conference is “going digital.” On June 23, 2020 we will hold a special Keynote Address, which will be the capstone of the 14th Annual Investment Treaty Arbitration conference. This complimentary Keynote Address is open to all interested. The address will be live-streamed on JURIS’ Facebook page and YouTube channel.

The Difference Between Evolution and Revolution in Trade and Investment Dispute Settlement Mechanisms: Of Chaos, Crossroads, and the ‘R’ Factor

In her Address, Lucinda Low will address whether the systems (ISDS and WTO) are in chaos and in need of complete revamping, or whether there are more incremental reforms that could address the issues that have been raised about both systems throughout the conference. Ms. Low will argue that both systems–ISDS and WTO–are at a crossroads, and she will elaborate on a number of specific areas where system reforms could be implemented. Some proposed reforms, such as eliminating barriers to negotiated resolutions, will tie into topics covered in earlier sessions of the conference series, while others (such as consolidation) may be new to the discussion.

Keynote Speaker: Lucinda Low – Steptoe (DC)

Lucinda Low is a partner in the Washington, D.C. and Hong Kong offices of Steptoe. Ms. Low’s practice includes representing audit committees, boards of directors, and companies in internal, government, and international financial institution audits, investigations, and enforcement matters involving fraud, bribery, corruption, and other compliance issues. Ms. Low is recognized by Chambers market commentators for her “incredible technical proficiency, spectacular advocacy skills, and cultural know-how.” She has particular authority in matters involving the US Foreign Corrupt Practices Act (FCPA) and other anti-bribery and anti-corruption laws, and other international business compliance issues. According to Chambers, clients concur that Ms. Low is “very impressive”and credit her with “an attention to detail that is second to none.” In the FCPA/anti-corruption realm, Ms. Low helps clients develop and implement customized compliance programs tailored to their business risks that meet regulatory expectations, assists with due diligence in M&A and other transactions, provides risk-mitigation and risk assessment strategy, conducts internal investigations, and defends clients in government investigation and enforcement matters, including multijurisdictional investigations. She also has significant experience in investment disputes between foreign investors and host governments, and commercial arbitration, including serving as counsel, arbitrator, and an expert witness. Ms. Low is a member of the Board of Directors of the Coalition for Integrity (formerly known as Transparency International – USA) and the Secretary of State’s Advisory Committee on International Law. She is a former president of the American Society of International Law and a former chair of the ABA Section of International Law. She was the 2003 recipient of the William Ray Vallance Award presented by the Inter-American Bar Foundation, which is given to an individual who has made a significant contribution toward improving the law and jurisprudence of the Western Hemisphere.

Moderator: Frédéric Sourgens – Washburn University School of Law; Juris Conferences Co-Chair Emeritus

Frédéric Sourgens is a globally recognized authority on the intersection between international energy law, international dispute resolution, and the transnational law of globalization. His publications include a dozen books and over 50 articles, essays, and book chapters. His books Evidence in International Investment Arbitration (with Kabir Duggal and Ian Laird) (Oxford University Press) and A Nascent Common Law (Brill Nijhoff) as well as his articles “Keep the Faith” and “The Interplay between State Consent to ICSID Arbitration and Denunciation of the ICSID Convention: The (Possible) Venezuela Case Study” (with Michael D. Nolan) have been relied on as authority by international tribunals. Professor Sourgens serves as Editor in Chief of InvestmentClaims (Oxford University Press), a leading reporter of international investment arbitration awards and, together with Ian Laird, Professor Diane Desierto, and Professor Freya Baetens, co-chairs the annual Investment Claims Summer Academy convened in Oxford by Oxford University Press. He served as Co-Chair of the American Society of International Law Private International Law Interest Group (2016-2019) and co-chaired numerous international conferences. Professor Sourgens is on the Advisory Board of the American Review of International Arbitrationpublished by Columbia Law School and is a member of the Advisory Board of Brill Nijhoff’s Research Perspectives: International Investment Law and Arbitration. He is an advisor to the Center of International Law in Nepal and a member of the Academic Council of the Institute of Transnational Arbitration.

Prior to joining Washburn University School of Law, Professor Sourgens was an associate in Milbank LLP’s Washington, D.C. office and an associate in Norton Rose Fulbright LLP’s Houston office and served as an Adjunct Professor of Law at Georgetown University Law Center and recipient of its Council of Barristers Inaugural Alternative Dispute Resolution Award for Coaching Excellence. Professor Sourgens is a graduate of the United World College of the Adriatic, Duino, Italy. He holds a candidatus magisterii degree in Latin and Philosophy from the University of Oslo (Norway), and a Master of Arts in Political Philosophy (The Idea of Toleration) from the University of York (UK). He received his J.D. cum laude from Tulane University Law School.

Program

The 14th Annual Investment Treaty Arbitration Conference will tackle four questions of systemic reform currently under consideration in various fora.  Following a true or false format, authors and panelists will consider a range of subjects, including, for example, whether the revised investment chapter in the new NAFTA represents a paradigmatic shift for the U.S. government to proposed prescriptions on double-hatting and security-for-costs orders.

Session V

(23 June 2020) Keynote Address – The Difference Between Evolution and Revolution in Trade and Investment Dispute Settlement Mechanisms: Of Chaos, Crossroads, and the ‘R’ Factor.

In her Address, Lucinda Low will address whether the systems (ISDS and WTO) are in chaos and in need of complete revamping, or whether there are more incremental reforms that could address the issues that have been raised about both systems throughout the conference. Ms. Low will argue that both systems–ISDS and WTO–are at a crossroads, and she will elaborate on a number of specific areas where system reforms could be implemented. Some proposed reforms, such as eliminating barriers to negotiated resolutions, will tie into topics covered in earlier sessions of the conference series, while others (such as consolidation) will be new to the discussion.

To attend this complimentary Keynote Address, please register on Zoom.

Session I

(26 May 2020) Session I – True or False: The USMCA Chapter on Investment Represents the New State-of-the-Art in Investment Protection Treaties. (Recording)

The first session, chaired by Todd Weiler (independent counsel, consultant, expert, and arbitrator) will address whether the new USMCA investment chapter represents the new state-of-the-art in investment protection treaties. Authors Jennifer Ivers (White & Case), Kate McNulty (Covington), and co-author Alyssa Howardhave drafted papers (which will be made available to participants) taking opposing positions.  Panelists Michael Nolan (Milbank LLP), Devin Bray (De Brauw), Ted Posner (Weil), Jennifer Thornton (Arent Fox), and Elizabeth Whitsitt (University of Calgary Faculty of Law), will participate in a round table discussion of the issues raised in each paper.

Moderator: Todd Weiler – Independent Arbitrator

Authors:
Jennifer Ivers – White & Case (DC)
Kate McNulty – Covington (DC)
Alyssa Howard (co-author) – White & Case (DC)

Panelists:
Devin Bray – De Brauw (Amsterdam)
Michael Nolan – Milbank Tweed (DC)
Ted Posner – Weil (DC)
Jennifer Thornton – Arent Fox (DC)
Elizabeth Whitsitt – University of Calgary Faculty of Law

Session II

(2 June 2020) Session II – True or False: The Time has Come to Outlaw Double-Hatting? (Recording)

The second session moderated by George Ruttinger of Crowell Moring. The topic will be the contentious issue of so-called double hatting in international investment arbitration. Authors Katelyn Horne (Arnold and Porter) and Guled Yusuf  (Allen and Overy) have drafted papers taking opposite positions, which will be provided to all participants. Following a brief presentation of these two papers, panelists Kabir Duggal (Arnold and Porter), Ian Laird (Crowell Moring), Danielle Morris (WilmerHale), and Fernando Tupa (Curtis Mallet) will participate in a round table discussion of the papers and the significant issues the issue poses for the future practice of international investment arbitration.

Moderator: George Ruttinger – Crowell Moring (DC)

Authors:
Katelyn Horne – Arnold and Porter (DC)
Guled Yusuf – Allen and Overy (London)

Panelists:
Kabir Duggal – Arnold and Porter (DC)
Ian Laird – Crowell Moring, and JURIS Conference Co-Chair Emeritus (DC)
Danielle Morris – WilmerHale (DC)
Fernando Tupa – Curtis Mallet (Buenos Aires)

Session III

(9 June 2020) Session III – True or False: Thanks to Reforms Proposed Under the Auspices of the ICSID and UNCITRAL, Investor-State Dispute Settlement is Finally Headed in the Right Direction? (Recording)

The third session chaired by Todd Weiler (independent counsel, consultant, expert, and arbitrator) will discuss the reforms proposed under the auspices of the ICSID and UNCITRAL and the impact they have on Investor-State Dispute Settlement. Authors Eva Chan (Skadden) and John Laird (Crowell & Moring) have drafted papers taking opposite positions, which will be provided to all participants. Following a brief presentation of these two papers, panelists Joshua Fellenbaum (Fieldfisher), Anna Holloway (ICSID), Mark Kantor (Independent Arbitrator), José Antonio Rivas (Independent Counsel), and Diora Ziyaeva (Dentons) will participate in a round table discussion of the papers and the significance of these reforms on the future practice of international investment arbitration.

Moderator:  Todd Weiler – Independent Arbitrator

Authors:
Eva Chan – Skadden (NYC)
John Laird – Crowell & Moring (DC)

Panelists:
Joshua Fellenbaum – Fieldfisher (London)
Anna Holloway – ICSID
Mark Kantor – Independent Arbitrator
José Antonio Rivas – Independent Counsel (DC) 
Diora Ziyaeva – Dentons (NYC)

Session IV

(16 June 2020) Session IV – True or False: Security for Costs Should be Mandated for Investor-State Arbitration? (Recording)

The fourth session moderated by Timothy G. Nelson (Skadden) will tackle the topic of whether security-for-costs should be mandated for investor-state arbitration. Authors Carlos Guzmán (Squire Batton Boggs) and Matilde Flores (Chaffetz Lindsey) have drafted papers taking opposite positions, which will be provided to all participants before the session. Following a brief presentation of these two papers, panelists: Jeffery Commission (Burford Capital), Lindsay Gastrell (Arbitration Chambers), Miriam Harwood (Squire Patton Boggs), and Frédéric Sourgens (Washburn University School of Law) will participate in a round-table discussion of the papers and the significance of these reforms on the future practice of international investment arbitration.

Moderator: Timothy Nelson – Skadden (New York)

Authors:
Carlos Guzmán – Squire Patton Boggs (DC)
Matilde Flores – Chaffetz Lindsey

Panelists:
Jeffery Commission – Burford Capital
Lindsay Gastrell – Arbitration Chambers
Miriam Harwood – Squire Patton Boggs (DC)
Frédéric Sourgens – Washburn University School of Law, and JURIS Conference Co-Chair Emeritus

“After-Hours”

JURIS Conferences will host an “after-hours” meeting on Zoom to serve as a virtual post-conference “cocktail hour.” This meeting is intended to encourage prolonged discussion in a more informal setting. Participants will receive further information regarding this meeting once they have registered for the conference.

More in Upcoming JURIS Conferences
Sixteenth Annual Leading Arbitrators’ Symposium on the Conduct of International Arbitration – 4-session Webconference

Wednesday 23 September 2020 - Online via Zoom

Close