Seventeenth Annual Investment Treaty Arbitration: A Debate & Discussion (2024)

Thursday, 12 October 2023
Hosted at Crowell & Moring LLP
1001 Pennsylvania Avenue, NW
Washington, DC

JURIS Conferences is very excited to present this upcoming program, hosted in its second year at the Washington D.C. office of Crowell & Moring. This four-panel program will feature leading arbitration practitioners and scholars who will tackle important questions of international investment law and arbitration.

The program format will focus on eight talented ITA “rising superstars” from all over the world, each taking a side in arguing one of four contentious issues. Each author will present and outline their argument papers, after which a panel of experienced and distinguished professionals will debate and discuss the positions taken by the authors and the issue more generally.

See the topics, authors, and faculty for each panel below.

Registration

We thank you for your continued support of our return to in-person programs.
Pricing is available for individual sessions. Please contact our manager, Jessica Hernandez (jhernandez@jurispub.com) for details.

REGISTRATION CLOSED

* ONLY available to full-time academics [with no law firm affiliation], government employees, and full-time in-house corporate counsel.

Registration includes a copy of the upcoming Volume 17 from the
Investment Arbitration and International Law series. This series of volumes compile the papers and proceedings of this annual conference on investment treaty arbitration. Registrants may choose either a print or digital PDF copy of Volume 17.

Cancellations: 50% of the Symposium fee will be refunded for any cancellation received in writing by JURIS Conferences LLC prior to the Wednesday 27 September 2023. No refund can be made for cancellations received after this date. You are welcome to send a substitute at any time. Please notify us if you plan to send a substitute since updated registration materials will be required.

Continuing Legal Education: 7 hours of NYS CLE credit (transitional and non-transitional) in the Areas of Professional Practice a NYSCLE certificate of attendance will be provided upon request which may be used when applying for credit in other jurisdictions.

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

Program

Conference Co-Chairs

Todd Weiler –Independent Arbitrator & IIDS Expert (London, Ontario)
Kabir Duggal– Arnold & Porter (New York)
Camilla Gambarini– Withers (London)

Program Schedule

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

9:00am – 10:30am Panel 1 – “This coming December, the withdrawal of France, Germany, and Poland from the Energy Charter Treaty will take effect. Leaders in each of these states claimed withdrawal was necessary because ECT obligations were hindering efforts to combat anthropomorphic-driven climate change. Was this stated justification correct as a matter of international investment law?”

Moderator: Ian Laird – Crowell & Moring LLP (Washington, DC)

Authors:
Correct: Lauren Blanchard – Crowell & Moring LLP (London)
Incorrect: Dominique S. Jones – Debevoise & Plimpton (New York)

Panelists:
Mélida Hodgson – Arnold & Porter Kaye Scholer LLP (New York)
Rahim Moloo – Gibson, Dunn & Crutcher LLP (New York)
Caline Mouawad – Chaffetz Lindsey LLP (New York)
Todd Weiler -Independent Arbitrator & IIDS Expert (London, Ontario)

10:30am – 10:45am Networking Coffee/Tea Break compliments of Katten

10:45am – 12:15pm Panel 2 – “Earlier this year, two judges in the District of Columbia issued seemingly contradictory opinions on the enforceability of intra-EU awards post Achmea/Komstroy; which one was right and how do you think the District of Columbia Court of Appeals or SCOTUS would eventually decide?” (Blasket Renewable Investments, LLC v Spain and 9REN Holding S.A.R.L. v Spain)

Moderator: Martin Valasek – Norton Rose Fulbright (Montreal)

Authors:
Correct: Nika Madyoon – Gibson, Dunn & Crutcher LLP (London)
Incorrect: Tyler Jankauskas – Covington & Burling LLP (New York)

Panelists:
Preeti Bhagnani – White & Case LLP (New York)
Marinn Carlson – Independent Arbitrator (Washington, DC)
Charles T. Kotuby Jr. – University of Pittsburgh School of Law
Sarah Vasani – CMS Cameron McKenna Nabarro Olswang (London)

12:15pm – 1:15pm Networking Lunch

1:15pm – 2:45pm Panel 3 – “Did the Paris Court of Appeal decide the jurisdictional question in Kiram et al v. Malaysia correctly?”

Moderator: Michael Nolan – Independent Arbitrator (New York)

Authors:
Correct: Anika Havaldar – Freshfields Bruckhaus Deringer (Washington, DC)
Incorrect: Allan Cerim – Brick Court Chambers (London)

Panelists:
Fahira Brodlija – Rule of Law Advisor – ISDS Reform, GIZ (Sarajevo)
Grant Hanessian – Independent Arbitrator (New York)
José Antonio Rivas – Xtrategy LLP (Washington, DC)

2:45pm – 3:30pm Keynote Address – Abby Cohen Smutny – White & Case (Washington, DC)

3:30pm – 3:45pm Networking Coffee/Tea Break compliments of Katten

3:45 – 5:15pm Panel 4 – “Will investor-state mediation emerge as the preferred mechanism to resolve investor-state disputes? What are the pros and cons as opposed to investor-state arbitration?”

Moderator: Timothy Nelson – Skadden (New York)

Authors:
Mediation: Marco de Sousa – Herbert Smith Freehills LLP (London)
Arbitration: Rodrigo Aguilar Guízar – Aguilar & Loera (México City)

Panelists:
Fahira Brodlija – Rule of Law Advisor – ISDS Reform, GIZ (Sarajevo)
Miriam Harwood – Katten Muchin Rosenman LLP (New York)
Justin M. Jacinto – Curtis, Mallet-Prevost, Colt & Mosle LLP (Washington, DC)
Frauke Nitschke – ICSID (Washington, DC)

5:15pm – 6:30pm “After Hours” – co*cktail Reception compliments of Skadden

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.

Register for the virtual program here. Registrations will be verified with a confirmed subscription to JURIS ArbitrationLaw.com or the online Investment Arbitration Library.

Investment Arbitration Library

Purchase of a one-year online subscription to ourInvestment Arbitration Libraryincludes live virtual attendance to the conference for you and any members of your organization. Get 10% off your first year of subscription by using promo code IAL17. This online library includes access to all volumes of the Investment Arbitration and International Law series (16 currently), additional publications from JURIS on investment arbitration (24publications and growing), as well as recordings of the Investment Treaty Arbitration Conference from 2020 to present. The Investment Arbitration and International Law series of volumes compile the papers and proceedings of this annual conference on investment treaty arbitration. Over 125 papers, 16 keynote addresses, and 64 transcribed debates & discussions from more than 200 of the most notable investment law practitioners and scholars.

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 documentsincluding 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 Areas of Professional Practice (7 hours) a NYSCLE certificate of attendance will be provided upon request, this certificate may also be used when applying for credit in other jurisdictions.

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.

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

The Willa​rd InterContinental
1401 Pennsylvania​ AvenueNW
Washington, DC 20004
​Phone: (202) 628-9100
Web: https://www.ihg.com/intercontinental/hotels/us/en/washington/