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

Teddy Baldwin

Steptoe & Johnson

Julie Bédard

Skadden, Arps, Slate, Meagher & Flom

Kate Brown de Vejar

DLA Piper

Marney Cheek

Covington & Burling

Ken Fleuriet

King & Spalding

Gaela Gehring Flores

Arnold & Porter

Érica Franzetti

Dechert

Justin Jacinto

Curtis, Mallet-Prevost, Colt & Mosle

Jean Kalicki

Independent Arbitrator

Mark Kantor

Independent Arbitrator

Brian King

3 Verulam Buildings

Ian Laird

Crowell & Moring

Aristeo López

Counsel for International Trade, Mexican Embassy, Washington DC

Christopher Moore

Cleary Gottlieb Steen & Hamilton

Natalie Reid

Debevoise & Plimpton

Amaia Rivas Kortazar

State Attorney and Chief of Legal Relations with Investees, Spanish Banking Resolution Authority (FROB)

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?

Moderator:
Christopher Moore, Cleary Gottlieb Steen & Hamilton

Panel:
Ken Fleuriet, King & Spalding 
Justin Jacinto, Curtis, Mallet-Prevost, Colt & Mosle
Natalie Reid, Debevoise & Plimpton
Amaia Rivas Kortazar, State Attorney and Chief of Legal Relations with Investees, Spanish Banking Resolution Authority (FROB)

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
Mark 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?

Moderator:
Kate Brown de Vejar, DLA Piper 

Panel:

Marney Cheek, Covington & Burling 
Ian Laird, Crowell & Moring
Aristeo López, Counsel for International Trade, Mexican Embassy, Washington DC
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 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?

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

Judges:
Julie Bédard, Skadden, Arps, Slate, Meagher & Flom
Mark Kantor, Independent Arbitrator

Debaters:
Teddy Baldwin, Steptoe & Johnson
Gaela Gehring Flores, Arnold & Porter
Erica Franzetti, Dechert
Brian King, 3 Verulam Buildings

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

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

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

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