Thursday, 16 May 2019, One CityCenter, 850 Tenth Street, NW Washington DC, 20001-4956

Overview

This full day event will once again bring together high-level practitioners to discuss the latest developments and trends in investor-state arbitration. Amongst other topics, panellists are expected to cover Intra-EU BITs and developments relating to the Achmea ruling; and what the “New NAFTA” agreement means for international arbitration. The day will also feature a GAR Live favourite, the GAR Live symposium, which offers the audience an exclusive opportunity to propose questions and weigh in on the hot topics.

These sessions will provide the audience with a unique insight from the leading figures in the sphere. The conference will include an audience of practitioners from across the USA and internationally, allowing delegates to connect with and learn from like-minded individuals.

E-mail Tel: +44 203 780 4137

Chairs

Claudia Frutos-Peterson

Curtis, Mallet-Prevost, Colt & Mosle

Claudia Frutos-Peterson is Managing partner in Washington, D.C. office and a member of the International Arbitration group.

Claudia was formerly counsel at the International Centre for Settlement of Investment Disputes (ICSID) from 2001 to 2009. At ICSID, she served as Secretary of Tribunals in numerous arbitral proceedings brought under the ICSID Convention and the ICSID Additional Facility Mechanism, based on the bilateral and multilateral investment treaties.

She focuses her practice on arbitration, international law and international investment law and works with multiple governments and state entities. 

Matthew Slater

Cleary Gottlieb Steen & Hamilton

Matthew Slater’s practice focuses on international investment-treaty and commercial arbitration and litigation involving the highest stakes and cutting-edge issues.

In his international arbitration and litigation practice, Matt often represents foreign sovereign governments and government agencies and instrumentalities. He also regularly represents clients in international litigation in a diverse range of matters in U.S. courts often involving cross-border coordination with courts around the world. Matt is also active in the firm’s pro bono practice.

Speakers

Marney Cheek

Covington & Burling

Gaela Gehring Flores

Arnold & Porter Kaye Scholer

Justin Jacinto

Curtis, Mallet-Prevost, Colt & Mosle

Jean Kalicki

Independent Arbitrator

Mark Kantor

Independent Arbitrator

Ian Laird

Crowell & Moring

José Antonio Rivas

Vannin Capital

Programme

9.00: Welcome coffee and registration

9.30: Chairs' opening remarks

Claudia Frutos-Peterson, Curtis, Mallet-Prevost, Colt & Mosle
Matthew Slater, Cleary Gottlieb Steen & Hamilton 

9.45: Session one: Intra-EU BITS: The struggle between courts and arbitrators 

As the dust from the Achmea decision and Micula saga swirls, courts and arbitrators are taking differing views of limitations on states’ rights and duties under EU law. Where is this leading investor-state disputes? What can we expect going forward?

Among other things, the panel are expected to discuss:

  • The risks for parties and the enforceability of awards;
  • What are the risks for the investor-state dispute settlement system and the continuing friction and the issues of legitimacy and credibility;
  • Should arbitrators take greater account of court practice; and should courts take great account of arbitral practice?

11.00: Coffee break 

11.30: Session two: The GAR Live symposium

Our espresso version of the popular Tylney Hall format.

The moderators will consider issues such as:

  • Is the UNCITRAL Working Group III going in the right direction?
  • What are the most important issues sovereign states should take into account when deciding whether to enter into investment treaties and negotiating their terms?
  • Will the proposed ICSID rules changes serve their purposes?
  • Which direction is the pendulum moving on a proposed investment court?
  • How have panels performed this year on quantum issues?

Moderators:
Jean Kalicki, Independent Arbitrator
Marl Kantor, Independent Arbitrator

12.45: Networking lunch 

14.15: Session three: What will the US-Mexico-Canada agreement mean for NAFTA and investor-state arbitration?

President Trump was faced with much debate on whether the US should revamp or withdraw from NAFTA, and after down-to-the-wire negotiations he was able to produce USMCA. This new agreement retains some of the old provisions in NAFTA. However, it attempts to curtail the ISDS system and, more importantly, reframes NAFTA. 

Questions the panel are expected to discuss include:

  • What are the prospects of USMCA being ratified?
  • What are the main procedural and substantive differences between NAFTA and the USMCA?
  • What is the effect of having a regime without reciprocity within the USMCA?
  • What is the response to investor-state arbitration being unavailable between the US and Canada?
  • Can the Comprehensive and Progressive Trans-Pacific Partnership (TTP-II) fill the ISDS gap in the USMCA with respect to Canadian and Mexican investors?
  • Will environmental or labour critics of NAFTA be happy with the change?

Panel:
Marney Cheek, Covington & Burling 
Gaela Gehring Flores, Arnold & Porter Kaye Scholer
Ian Laird, Crowell & Moring 
José Antonio Rivas, Vannin Capital 

15.30: Coffee break

16.00: Session four: The GAR Live debate

In Oxford Union style, we will hear teams of debaters argue in favour of, or against, a motion. A panel of three judges will then voice opinions on what has been heard, before choosing which side to support and giving reasons for their decisions.

Motion: “This house believes that the current format of investment treaty awards undermines the legitimacy of an investor-state arbitral dispute settlement”

Questions the panel are expected to discuss are:

  • Does the procedural detail and extensive recitation of arguments hide the crux of the matter from a lay audience and therefore undermine the legitimacy of the decision making to the public?
  • If so, is it too late to change, or can steps be taken to improve the situation?
  • Can arbitral awards be refashioned without adversely affecting the due process rights of the parties?
  • Would it be beneficial to make executive summaries a mandatory feature of investment treaty awards?
  • Is there some other respected institution that could be entrusted with responsibility for making ISDS decisions more accessible and understandable to the public?

17.15: Chairs' closing remarks 

Claudia Frutos-Peterson, Curtis, Mallet-Prevost, Colt & Mosle
Matthew Slater, Cleary Gottlieb Steen & Hamilton 

17.30: Close of conference

Further information

For further information or sponsorship opportunities, please call +44 203 780 4137 or email events@globalarbitrationreview.com

Venue

One CityCenter, 850 Tenth Street, NW Washington DC, 20001-4956

Testimonials

  • "Great host and excellent speakers" Leo Naut, Hong Kong Economic and Trade Office

  • "Very good panels and practitioners. Up to date topics" Carlos Pabon-Agudelo, Infrastructure Economic Consulting

Prices

Private Practitioner
Type Price Until
Super Early

$550

5 Apr 2019
Early

$700

3 May 2019
Standard

$850

16 May 2019

 

In-house/Governmental
Type Price
Standard

$0