Coverage

Time for a fairer response to corruption?

Time for a fairer response to corruption?

02 June 2017

The scourge of corruption has frustrated investment for centuries. A panel at GAR Live BITs in Washington, DC, discussed whether tribunals’ response to it “fits the crime” or whether there is an unfair “asymmetry” in the treatment of investors and states.

Chairs

Caroline Richard

Freshfields Bruckhaus Deringer

A partner in our international arbitration group, Caroline has acted in several high profile commercial and investment treaty arbitrations in the energy, mining, infrastructure and telecommunications sectors, among others, in Latin America, Central Asia, the Middle East and Africa.  She is recognized as a leader in the field and is listed in Who’s Who Legal: Arbitration 2016.

She is an adjunct professor at American University’s law school where she co-teaches an investment arbitration course. Prior to joining our Washington, DC office, Caroline was part of the international arbitration group in the firm’s London and Paris offices.

Matthew Slater

Cleary Gottlieb Steen & Hamilton LLP

Matthew D. Slater’s practice focuses on international investment-treaty and commercial arbitration. In his international arbitration and litigation practice, Matt often represents foreign sovereign governments. He also regularly represents clients in related international litigation and in a diverse range of matters in U.S. courts, including government regulatory and enforcement actions, constitutional law, commercial and securities law, and product liability litigation.

Matt is also active in the firm’s pro bono practice, including pending litigation on behalf of a class of homeless people who have been denied the minimum wage for their work for evictions companies.

Speakers

Nigel Blackaby

Freshfields Bruckhaus Deringer

Jonathan Blackman

Cleary Gottlieb Steen & Hamilton LLP

Gaela Gehring Flores

Arnold & Porter Kaye Scholer

Claudia Frutos-Peterson

Curtis, Mallet-Prevost, Colt & Mosle

Dr. Glenn George

NERA Economic Consulting

Mélida Hodgson

Foley Hoag

Justin Jacinto

Curtis, Mallet-Prevost, Colt & Mosle

Mark Kantor

Independent Arbitrator

Meg Kinnear

Secretary-General, International Centre for Settlement of Investment Disputes (ICSID), World Bank

Carolyn Lamm

White & Case

Miguel López Forastier

Covington & Burling

Nikos Lavranos

NL-investmentconsulting and Secretary General, European Federation for Investment Law and Arbitration (EFILA)

Patrick Pearsall

Jenner & Block

Ina Popova

Debevoise & Plimpton

Michael Reisman

Professor, Yale Law School

David W. Rivkin

Debevoise & Plimpton

Bernardo Sepúlveda Amor

Creel, García-Cuéllar, Aiza y Enriquez

Claus von Wobeser

Von Wobeser y Sierra

Baiju Vasani

Jones Day

Programme

8.30: Welcome coffee and registration

9.00: Chairs’ welcome

Matthew Slater, Cleary Gottlieb Steen & Hamilton LLP
Caroline Richard, Freshfields Bruckhaus Deringer

9.10: Session one: Investment disputes year in review

Practitioners from around the region will discuss key themes and developments of the past year, and their implications.

Topics are expected to include:

  • Case developments: Key decisions, including annulment and set-aside (Yukos and Exxon)
  • Changing political landscape: The impact of Trump and Brexit on trade and investment agreements
  • Damages: Are tribunals getting it right?
  • “The ERA Pledge": Its present and future impact

Moderator:
Michael Reisman, Myles S. McDougal Professor of International Law, Yale Law School

Panel:

Nigel Blackaby, Freshfields Bruckhaus Deringer
Carolyn Lamm, White & Case
Bernardo Sepúlveda Amor, Creel, García-Cuéllar, Aiza y Enriquez
Glenn George, NERA Economic Consulting

10.30: Coffee break 

11.00: Session two: The GAR Live symposium

Our espresso version of Tylney Hall, themed around investment disputes. A chance to continue the conversation from session one, and also dig into other topics, such as the proposed amendments of the ICSID rules.

Moderators:
Meg Kinnear, Secretary-General, International Centre for Settlement of Investment Disputes (ICSID), World Bank
Gaela Gehring Flores, Arnold & Porter Kaye Scholer

12.30: Networking lunch

14.00: Session three: Corruption defence to investment treaty claims – a diversionary tactic or effective shield?

This session will see our distinguished panel discuss the emergence, and evolution, of corruption and illegality in investment treaty claims.

Questions the panel are expected to discuss include:

  • To what extent are these defences effective deterrents to corruption in making investments?
  • To what extent are these defences presented as boilerplate or diversionary tactics?
  • How should tribunals address such defences so as to give them due consideration, without allowing spurious claims to derail the arbitration?
  • How effective have tribunals been at doing so?

Moderator:
Patrick Pearsall, Jenner & Block

Panel:
Baiju Vasani, Jones Day
Jonathan Blackman, Cleary Gottlieb Steen & Hamilton LLP
Justin Jacinto, Curtis, Mallet-Prevost, Colt & Mosle
Miguel López Forastier, Covington & Burling

15.30: Coffee break

16.00: Session four: The GAR Live debate

Motion: “This house believes that investor-state arbitration will remain an essential component to the success of future investment treaties.” 

Moderator:
Claus von Wobeser, Von Wobeser y Sierra

Debaters:
Claudia Frutos-Peterson, Curtis, Mallet-Prevost, Colt & Mosle
Nikos Lavranos, NL-investmentconsulting and Secretary General, European Federation for Investment Law and Arbitration (EFILA)
Ina Popova, Debevoise & Plimpton
Mélida Hodgson, Foley Hoag

Judges:
Mark Kantor, Independent Arbitrator
Carolyn Lamm, White & Case
David Rivkin, Debevoise & Plimpton

17.30: Chairs’ closing remarks

Matthew Slater, Cleary Gottlieb Steen & Hamilton LLP
Caroline Richard, Freshfields Bruckhaus Deringer

17.40 onwards: All delegates are invited to attend a drinks reception kindly hosted by Freshfields Bruckhaus Deringer

Venue

Covington & Burling, One CityCenter, 850 Tenth Street, NW, Washington D.C., 20001-4946, USA

Prices

Private Practitioner
Type Price Until
Super Early $950  16 May 2017
Standard $1,350  23 May 2017

 

In-house/governmental
Complimentary In-house/governmetnal registration available