This volume contains the papers and proceedings of the 10th Anniversary Juris Conference. Our group of 10 authors again take contrary positions and grapple with the dramatic developments of investment arbitration over the past 10 years. With TPP and TTIP on the horizon, half of our authors take the view that the field is a doomed experiment and the other half of our authors paint a picture of a revolutionary development in a still nascent form, with more greatness yet to come. The debate continues!
SESSION ONE: Is the arbitration model for investment dispute resolution dying?
Courts versus arbitration – our authors pit the original, arbitration-based procedural model adopted in the TPP with the new world order of the proposed TTIP court.
SESSION TWO: 10 years of abusive round pegs in square holes or a system already moving in the right direction?
The definitions of “investor” and “investment” have created a contentious debate about the proper scope of investment arbitration. Our authors look back at 10 years of Juris conferences on this issue and debate the future under the new models of investment treaties.
SESSION THREE: Fair and equitable treatment – an evolutionary international standard or artificial legal fiction?
Where did it come from and does FET have a future? Our authors debate as to whether FET has become too big a threat to state sovereignty or has it merely led to overblown hysterics?
SESSION FOUR: Damages in investment arbitration – a revolutionary remedy or reward for rich corporations at the expense of the world’s poor? A fundamental examination of Chorzow’s children.
Our panelists examine 10 years of significant developments in the determination of damages in international investment arbitration. Our first author argues that this has been a positive development towards more consistency and certainty, while our second author concludes that the recent developments have only led to more confusion.
SESSION FIVE: “International Investment Arbitration – Revolutionary development or doomed experiment?”
Our two authors take stock of the past 10 years of JURIS debate and give their final contrasting position on the conference theme.
Ian A. Laird is Co-Chair of Crowell & Moring’s International Dispute Resolution Group and an adjunct professor at Columbia University’s School of Law and Georgetown University Law Center. He represents a range of clients in international arbitration proceedings involving disputes between corporation and foreign sovereign governments. Mr. Laird is recognized as a leading practitioner in the arbitration field by the International Who’s Who of Commercial Arbitration Lawyers in 2015. He is best known for being lead counsel for Khan Resources Inc., which recently secured a US$100 million international arbitration award against the Government of Mongolia (in March 2105). As a former chief of staff to a Canadian cabinet minister and a senior political aide to the Ontario Minister of Energy, he has run political campaigns and understands the intimate working of government and politics, as well as their impact on industry.
Borzu Sabahi is a Partner at Curtis, Mallet-Prevost, Colt & Mosle and is located in their Washington, D.C. office. Dr. Sabahi focuses his practice on representing governments and state-owned entities in investment treaty arbitration, international commercial arbitration and public international law matters. His industry experience includes working on energy-related disputes (in oil & gas as well as power projects), as well as disputes pertaining to mining, construction, gambling, satellite television, royalty agreements, tax , and allocation of water under international treaties. Dr. Sabahi is the co-director of the International Investment Law Center at the International Law Institute where he designs and oversees training programs principally for Government officials from developing countries as well as professionals from the private sector on international investment treaties and investor State arbitration.
Frédéric G. Sourgens is an Associate Professor of Law at Washburn University Law School. His teaching and scholarship focuses on international dispute resolution, with a particular emphasis on resolution of disputes involving political risk. He has published numerous articles on international arbitration and serves as editor for the Oxford University Press reporter of investor-state arbitral decisions. Prior to joining Washburn Law, Professor Sourgens practiced international arbitration in the Washington, D.C. office of Milbank, Tweed, Hadley & McCloy. He worked as counsel in ICSID, UNCITRAL, ICC and LCIA arbitrations. While in Washington, D.C., he was an Adjunct Professor of Law at Georgetown University Law Center.
Todd J. Weiler is an investment treaty counsel and arbitrator and noted expert on NAFTA Chapter 11. Mr. Weiler has served as arbitrator, consulting expert and co-counsel in disputes and arbitrations involving investors, host states and interested third parties. He is the Co-Founder of Investmentclaims.com and the publisher of NAFTAClaims.com.
Kabir Duggal is a Senior Associate in Baker & McKenzie’s International Arbitration Practice Group in New York. His practice is focused on international investment arbitration, international commercial arbitration and public international law matters. Mr. Duggal’s experience includes disputes under numerous bilateral and multilateral investment treaties in South Asia, Latin America, Central Asia, Middle East, Europe and Africa. He is a Lecturer-in-Law at the Columbia Law School, teaching “International Investment Arbitration,” and also gives lectures at the Georgetown University Law School and Fordham Law School.
John Branson, Attorney, Womble Carlyle Sandridge & Rice LLP
Joanna Coyne, Associate, Crowell & Moring LLP
Floriane Lavaud, Associate, Debevoise & Plimpton LLP
Mark McCrone, Senior Associate, Baker & McKenzie LLP
Guilherme Recena Costa, Associate, Debevoise & Plimpton LLP
Nicole Silver, Of Counsel, Winston & Strawn LLP
Josh Simmons, Senior Associate, Three Crowns LLP
Alex Slade, Senior Associate, Vinson & Elkins LLP
Marat Umerov, Attorney, Curtis, Mallet-Prevost, Colt & Mosle LLP
Meriam Al-Rashid, Member, Dentons LLP
José Alberro, Co-head, Cornerstone Research
Edward G. “Teddy” Baldwin, Partner, Baker & McKenzie LLP
Hugh Carlson, Attorney, Three Crowns LLP
Marinn Carlson, Partner, Sidley Austin LLP
Jack J. Coe, Jr., Professor and Faculty Director, Pepperdine School of Law
Josh Kallmer, Senior Vice President, Information Technology Industry Council (ITI)
Ben Love, Senior Associate, Freshfields Bruckhaus Deringer
Silvia Marchili, Partner, King & Spalding
Eloïse Obadia, Partner, Derains & Gharavi
Benard V. Preziosi Jr., Partner, Curtis, Mallet-Prevost, Colt & Mosle LLP
José Antonio Rivas, Attorney, Arnold & Porter LLP
Ashley Riveira, Counsel, Crowell & Moring LLP
Charles “Chip” Rosenberg, Attorney, White & Case LLP
Benjamin A. Sacks, Principal, The Brattle Group, Inc.
James Searby, Senior Managing Director, FTI Consulting, Inc.
Don Wallace, Chairman, International Law Institute
Janet Whittaker, Counsel, Simpson Thacher & Bartlett LLP
Katia Yannaca-Small, Counsel, Shearman & Sterling LLP
Timothy Nelson, Partner, Skadden, Arps, Slate, Meagher & Flom LLP
Michael Nolan, Partner, Milbank, Tweed, Hadley & McCloy LLP
Joseph Profaizer, Partner, Paul Hastings LLP
Lawrence Shore, Partner, Herbert Smith Freehills LLP
Mark Kantor, Arbitrator and Mediator, AAA Commercial and International Panels