Wednesday, 18 November 2020, Covington & Burling, Washington DC

E-mail Tel: +44 203 780 4270

Chairs

Claudia Annacker

Cleary Gottlieb Steen & Hamilton

Claudia Annacker’s practice focuses on international litigation and arbitration and public international law matters, including investor-state disputes, disputes involving international organizations, state succession issues and state immunity, as well as disputes before the European Court of Human Rights. Claudia joined the firm in 1998, became counsel in 2005, and became a partner in 2009. From 1998 to 2001, she was resident in the Brussels office, and from 2001 to 2004 in the New York office.

Patrick Pearsall

Allen & Overy

Patrick has extensive experience representing parties in commercial and investment arbitration. He served in the U.S. State Department for nearly a decade and departed as the Chief of Investment Arbitration.

Speakers

Glenn George

Bates White

Maka Gotsiridze

Head of Arbitration Department at Ministry of Justice of Georgia

Ian Laird

Crowell & Moring

Annie Lespérance

Bentham IMF

Can Yeginsu

4 New Square Chambers

Christopher Russo

Charles River Associates

Nicole Silver

Greenberg Traurig

Sarah Vasani

Addleshaw Goddard

Jorge Viñuales

Harold Samuel Professor of Law, University of Cambridge, and Co-General Editor, ICSID Reports

PROGRAMME

9.00: Welcome coffee and registration

9.30: Chairs’ opening remarks

Claudia Annacker, Cleary Gottlieb Steen & Hamilton
Patrick Pearsall, Allen & Overy 

9.45: Session one: investment arbitration and the climate emergency

Climate change and the environment are never far from the headlines in 2020 but how will this affect investment arbitration. Our esteemed panel will examine recent developments and trends including:

  • Should investors expect host states to take measures affecting their investments in order to preserve a healthy environment?
  • The challenge of quantifying damages in environmental cases;
  • Will environmental regulations lead to mass claims?
  • Should provisions be included to address environmental issues and protect investors against environmental changes?

11.00: Coffee break 

11.30: Session two: The year in review

The return of a GAR Live favourite, our panel will examine all of the latest developments in international investment arbitration, including:

  • The state of enforcement and contradictory decisions in solar awards against Spain;
  • The latest Micula developments;
  • EU intervention in enforcement proceedings;
  • 1782 discovery requests and investment arbitration;

12.45: Networking lunch

14.00: Fireside chat

14.30: Session three: Settling investment disputes – more achievable than commonly thought?

Received wisdom says that states find it almost impossible to settle disputes – even when doing so would make a lot of sense. It is easier to “leave it to the next guy” than to take a politically unpopular decision. But does the received wisdom still hold true? A series of anecdotes have reached the GAR offices in which states have been willing and indeed able to reach a rational conclusion with investors – before an arbitrator ordered them to. In this session our panel will examine how some counsel have found ways around this traditional problem.

  • Difficulties for the state to settle such as transparency, domestic law and political hurdles;
  • First hand accounts from counsel who have persuaded states to settle cases early;
  • Cases where this has been seen such as Boonyanit.

15.45: Coffee break

16.15: Session four: The GAR Live Debate – This house believes that big tech will embrace investment arbitration

With large technology companies showing signs of threatening claims under investment treaties. Is it time to consider the practicalities such disputes would present? In Oxford Union style, we will hear teams of debaters argue in favour of, or against, the motion. A panel of judges will then voice their opinions on what has been heard, before choosing which side to support and giving reasons for their decisions.

17.15: Chairs’ closing remarks

Claudia Annacker, Cleary Gottlieb Steen & Hamilton
Patrick Pearsall, Allen & Overy

17.30: All delegates are invited to attend a drinks reception kindly sponsored by Jenner & Block

Venue

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

Testimonials

  • “The selection of the panellists was excellent and the topics were relevant and interesting” Marija Ozolins, Curto, Curtis, Mallet-Prevost, Colt & Mosle

  • “The speakers addressed very relevant topics and cutting-edge issues.” Dana MacGrath, Bentham IMF

Private Practitioner
Type Price Until
Super Early $550  20 March 2020
Early $700 17 Apr 2020
Standard $850 28 Apr 2020

 

In-House Counsel/ Government Representatives 
Type Price
Standard $0