Sixteenth Annual Investment Treaty Arbitration: A Debate & Discussion

Friday, 14 October 2022
Hosted at Crowell & Moring LLP

1001 Pennsylvania Avenue, NW
Washington, DC 20004

This four-panel program will feature leading arbitration practitioners and scholars who will tackle important questions of international investment law and arbitration.

We hope you will join us for our first return to in-person events. Health safety is the number one priority of JURIS and our partners, please read the visitor policy and protocols here before completing an in-person registration (all attendees must be vaccinated and boosted). 

Program

Each panel will feature two authors whose writings have taken opposing views on the topic question. After the authors present their positions, the panel of speakers will engage in a moderated discussion of the topic question and the writings of the authors. Please see the program and faculty information below.

Conference Co-Chairs

Todd Weiler  Independent Arbitrator & IIDS Expert (London, Ontario)
Kabir Duggal – Arnold & Porter (New York)
Rekha Rangachari – New York International Arbitration Center

Conference Associate Editor
Camilla Gambarini – Withers (London)

Program Schedule

8:00am – 9:00am Registration – coffee and tea upon arrival

9:00am – 10:30am Panel 1The Only Valid Basis for Treaty Claims Involving Judicial Action or Inaction is the CIL Theory of Denial of Justice; True or False?

Moderator: Nicole Silver – Validity Finance (DC)

Authors:
True: Cesar Riviere – Skadden (New York)
False: Myriam Seers – Savoie Laporte (Toronto)

Panelists:
Michael A.
Fernandez – Rivero Mestre (New York)
Camilla Gambarini – Withers (London)
James Hosking – Chaffetz Lindsey (New York)
Caline Mouawad – Chaffetz Lindsey (New York)

10:30am – 10:45am Networking Coffee/Tea Break

10:45am – 12:15pm Panel 2Yes or No: The UNCITRAL WGIII  Proposal on Limit on Multiple Roles is a Good Idea?

Moderator: Kathleen Claussen – University of Miami

Authors:
No: Laura Yvonne Zielinski – Holland & Knight (Mexico City)
Yes: Yusuf Kumtepe – Kabine Law Office (Istanbul)

Panelists:
Marinn Carlson
– Sidley Austin (DC)
Kiran Nasir Gore – George Washington University Law School / Law Offices of Kiran N Gore (DC)
Miriam Harwood – Squire Patton Boggs (New York)
Amanda J. Lee – Costigan King (London)

12:15pm – 1:00pm Keynote Address made by Frédéric G. Sourgens – Washburn University School of Law

1:00pm – 2:00pm Networking Lunch

2:00pm – 3:30pm Panel 3The State Enterprise as Investor: A Special Threat Requiring Special Rules or Not?

Moderator: Teddy Baldwin – Steptoe (DC)

Authors:
Special Threat: David Blackman – Chaffetz Lindsey (New York)
Not a Special Threat: Jack Busby – Allen & Overy (London)

Panelists:
José Antonio Rivas
– Xtrategy LLP / Georgetown University Law Center (DC)
Charles Kotuby – University of Pittsburgh School of Law
Mahnaz Malik – Twenty Essex (London)
Kirsten Teo – Dechert (DC)

3:30pm – 3:45pm Networking Coffee/Tea Break

3:45 – 5:15pm Panel 4The US will maintain its current BIT policy.  It will not change even if the US loses the pending NAFTA cases; True or False?

Moderator:
Timothy G. Nelson
– Skadden (New York)

Authors:
True: Laura R. Zimmerman – Baker & McKenzie (New York)
False: Zeïneb Bouraoui – Cleary Gottlieb (Paris)

Panelists:
Andrew Behrman
– Baker Botts (New York)
Ian Laird – Crowell & Moring (DC)
Floriane Lavaud – Debevoise & Plimpton (New York)
Ankita Ritwik – Gibson, Dunn & Crutcher (DC)

5:15pm – 6:15pm Cocktail Reception

Virtual Attendance

Join the event virtually with an online subscription to JURIS’s digital library – If you’ve decided not to attend the in-person conference but don’t want to miss the program, JURIS offers live virtual attendance and recording access as a bonus of either a full subscription to our Arbitration Law database or an online subscription to our Investment Treaty Arbitration Library.

The virtual program will be one continuous stream featuring multiple camera angles. Breaks are planned into the schedule above, attendees can leave and re-join the stream at any point while it is active.

Investment Treaty Arbitration Library

Purchase of a one-year online subscription to our Investment Arbitration Library includes live virtual attendance to the conference for you and any members of your organization. For an impressive value of only $500.00 USD, this online library includes access to all volumes of the Investment Arbitration and International Law series, additional publications from JURIS on investment arbitration (24 publications and growing), as well as recordings of the 14th and 15th Investment Treaty Arbitration webinars. The Investment Treaty Arbitration series is a collection of 15 (soon-to-be 16) volumes.  The ITA books compile the papers and proceedings of JURIS Conferences’ annual conference on investment treaty arbitration, moderated by Todd J. Weiler alongside some of the most notable investment law practitioners (Ian A. Laird, Kabir Duggal, Rekha Rangachari, Borzu Sabahi, Frédéric G. Sourgens, and many others). 

JURIS Arbitration Law

Subscribers to the full JURIS Arbitration Law database can also attend the conference virtually as a perk of their subscription. A full subscription unlocks access to over 13,500 documents including an extensive collection of exclusive, proprietary works (commentary, analysis, monographs, practice guides, journals with full archival access, and much more)

You can purchase a subscription as an individual or learn about our options for law firms, schools, and other institutions here.

If you or your organization are a current subscriber or have purchased a subscription and wish to register for the virtual conference, please contact us at marketing@jurispub.com

NYS CLE credit (transitional and non-transitional) in the area of Professional Practice (7 hours) and a general certificate of attendance will be provided upon request.

In-Person Registration (Closed)

Register for the in-person event at the Washington, DC office of Crowell & Moring has closed. Virtual Registration to the live stream will be open through Thursday, October 13th.

Visitor policy and protocols
Summary: All registrants who seek to enter the event location must be fully vaccinated and have received a booster vaccine. Masks are optional for fully vaccinated registrants. Visitors should not enter the office if they feel ill. An online OfficePass questionnaire will be circulated to registrants and must be completed 48 hours before entering the event.

Continuing Legal Education: 7 hours of NYS CLE credit (transitional and non-transitional) in the area of Professional Practice and a general certificate of attendance will be provided upon request.

Student Rate:
For traditional full-time students with current student ID; Contact JURIS Conferences at: events@jurispub.com for current rate.

Financial Aid:
Our Financial Aid policy is available here

Faculty

Conference Co-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.

Rekha Rangachari is the Executive Director of the New York International Arbitration Center (NYIAC). Prior to joining NYIAC, Ms. Rangachari was Director for the New York Commercial Division of the American Arbitration Association-International Centre for Dispute Resolution (AAA-ICDR). Rekha is actively engaged with the arbitration community, serving as Board Member of ArbitralWomen and Co-Chair of Racial Equality for Arbitration Lawyers, on various bar association boards and committees, and as Adjunct Faculty at Seton Hall Law School.

Conference Associate Editor

Camilla Gambarini is a Senior Associate at Withers in London. She is dual qualified in Italy and England & Wales as a Solicitor Advocate and specialises in public international law and international arbitration. Camilla represents investors and sovereign States in investment treaty arbitrations under the main arbitration rules and industry sectors, including energy and infrastructure, in EMEA, CIS and Latin America. She is listed as “Rising Star” (Public International Law) by Legal 500 UK, “Future Leader (Non Partner)” by Who’s Who Legal – Arbitration, and Best Lawyers ranked her as “Ones to Watch – Arbitration” in the UK.

Accommodations

While hotel accommodations are not included with in-person registration, we are happy to extend preferred recommendations (corporate rates) to the following hotels. Interested parties should email events@jurispub.com for codes to take advantage of these rates.

JW Marriott
1331 Pennsylvania Avenue NW
Washington, DC 20004
Phone: (202) 393-2000
Web: http://www.marriott.com/hotels/travel/wasjw-jw-marriott-washington-dc/

Waldorf Astoria Washington DC
1100 Pennsylvania Avenue NW
Washington, DC 20004
Phone: (202) 695-1100
Web: https://www.hilton.com/en/hotels/dcawawa-waldorf-astoria-washington-dc/

Grand Hyatt Washington
1000 H Street NW
Washington, DC 20001
Phone: (202) 582-1234
Web: https://www.reservations.com/hotel/grand-hyatt-washington