Title Page and TOC

PART I - Compliance with Local Law Clauses and Original Intent – A Natural or Problematic Evolution?

CHAPTER 1 - Keynote Address
Donald McRae

CHAPTER 2 - Denying Investment Protection to Unlawful Investments: An Acceptable Instance of Arbitrator-Made Law in Investment Arbitration
Jennifer Glasser

CHAPTER 3 - Compliance with Local Law Clause and Original Intent – A Natural or Problematic Evolution?
Alexander Hinckley

Chapter 4 - Compliance with Local Law Clauses and Original Intent – A Natural or Problematic Evolution?
Michael Nolan
Devin Bray
Oscar Garibaldi
Abby Cohen Smutny
David Weiss

PART II - Be Careful What You Ask For: Can Recent Changes to BIT Models Satisfy ISDS Sceptics and Opponents?

CHAPTER 5 - A New Generation of International Investment Agreements – The Promise of a Bright New World Meets the Law of Unintended Consequences
Paula F. Henin

CHAPTER 6 - Be Careful What You Wish For: Satisfying the Opponents and Critics of ISDS Reform
Amanda J. Lee

Chapter 7 - Be Careful What You Ask For: Can Recent Changes to BIT Models Satisfy ISDS Sceptics and Opponents?
Mallory Silberman
Eric de Brabandere
J.P. Duffy
Kenneth Figueroa
Ian Laird

PART III - Parallel Proceedings: A Right or Wrong?

CHAPTER 8 - The Legitimacy Crisis or Tempest in a Teapot?
Ulyana Bardyn

CHAPTER 9 - When Two Rights Make a Wrong
Julianne J. Marley

Chapter 10 - Parallel Proceedings: A Right or Wrong?
Patrick Pearsall
Lorraine de Germiny
Samaa Haridi
Ben Love
Antonio Parra

PART IV - To Hot Tub or Not to Hot Tub?

CHAPTER 11 - To Hot Tub or Not to Hot Tub?
Tessa Hayes

CHAPTER 12 - Tribunal-Mandated Conferencing of Valuation Experts in Investment Arbitration
Matthew Morantz

Chapter 13 - To Hot Tub or Not to Hot Tub?
José Alberro
Hermann Ferré
Miguel López Forastier
Timothy Nelson
Benjamin Sacks

TABLE OF CASES

INDEX   

Editors

Meriam Al-Rashid is a Partner in Dentons’ New York office.  She is the U.S. head of Public International Law and Investment Disputes and a member of the Litigation and Dispute Resolution practice group.  She focuses on international and commercial arbitration and risk management, covering various industries across the globe, including infrastructure, oil and gas, mineral resources, hospitality and real estate.  Her experience includes participation in arbitration before the ICDR, LCIA, UNCITRAL, ICC, ICSID and the Permanent Court of Arbitration (PCA) at The Hague. Ms. Al-Rashid acts as arbitrator on commercial and investor-state disputes primarily involving parties from the Middle East and North Africa.  She has served as counsel in disputes and transactions involving parties from Libya, South Africa, Iraq, Republic of Austria, the United Kingdom, and the United States among many others.

Dr. Kabir Duggal is an attorney in Arnold and Porter's New York office focusing on international investment arbitration, international commercial arbitration and public international law matters. He is a Lecturer-in-Law at the Columbia Law School and Managing Editor for the American Review of International Arbitration (ARIA). 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). Dr. Duggal also sits as an arbitrator and mediator.

Miriam K. Harwood is a Partner in Squire Patton Boggs’ New York office.  She is co-head of the firm’s Investment Arbitration Practice and member of the International Dispute Resolution practice group.  She specializes in international arbitration, including commercial disputes and investment treaty claims, and has served as counsel for foreign states, governmental agencies and private entities in a broad array of cases.  Ms. Harwood has handled arbitrations under the auspices of the major international arbitral organizations, including the ICSID, ICC, and UNCITRAL.  Her notable cases include representation of Venezuela against the multi-billion-dollar claims brought by oil companies ConocoPhillips and ExxonMobil, involving claims of US$30 billion and $16 billion respectively.  Other recent arbitration include disputes involving construction contracts and oil and gas projects.

Todd J. Weiler is an investment treaty Counsel and Arbitrator and noted Expert on NAFTA Chapter 11. Dr. Weiler has served as arbitrator, consulting expert and co-counsel in disputes and arbitrations involving investors, host states and interested third parties. He is the Co-Founder of Investmentclaims.com and the publisher of NAFTAClaims.com.

Associate Editor

Rekha Rangachari is the Executive Director of the New York International Arbitration Center (NYIAC). Prior to joining NYIAC, Ms. Rangachari served as Director and Case Counsel for the American Arbitration Association-International Centre for Dispute Resolution (AAA-ICDR). She serves as Co-Chair of the New York State Bar Association Dispute Resolution Section’s (NYSBA DRS’) International Dispute Resolution Committee, Co-Chair of the NYSBA International Section’s International Contracts and Commercial Law Committee, Co-Chair of the American Society of International Law’s (ASIL’s) Private International Law Interest Group, Board Member of the New York Coalition of Women’s Initiatives and the Association for Conflict Resolution of Greater New York (ACR-GNY), Member of Arbitral Women’s (AW’s) Marketing Committee, and Member of the International Arbitration Club of New York.

Authors

Ulyana Bradyn, Managing Associate, Dentons
Jennifer Glasser, Attorney, White & Case LLP
Tessa Hayes, Attorney, LALIVE
Paula Henin, Attorney, Skadden, Arps, Slate, Meagher & Flom LLP
Alexander Hinckley, Attorney, Stinson LLP
Amanda Lee, Solicitor-Advocate, Seymours
Julianne Marley, Attorney, Debevoise & Plimpton LLP
Matthew Morantz, Associate, Curtis, Mallet-Prevost, Colt & Mosle LLP

Faculty

Meriam Al-Rashid, Partner, Dentons
Eric De Brabandere, Professor of International Dispute Settlement Law and Director of the Grotius Centre for International Legal Studies, Leiden Law School. 
Devin Bray, Private Law Clerk, Honorable Judge Charles N. Brower
J.P. Duffy, Partner, Reed Smith LLP
Lorraine de Germiny, Attorney, LALIVE
Hermann Ferré, Partner, Curtis, Mallet-Prevost, Colt & Mosle LLP
Kenneth Juan Figueroa, Partner, Foley Hoag LLP
Oscar Garibaldi, Independent Arbitrator
Samaa A Haridi, Partner, Hogan Lovells
Miguel López Forastier, Partner, Covington & Burling LLP
Ben Love, Attorney, Freshfields Bruckhaus Deringer 
Timothy G. Nelson, Partner in Skadden, Arps, Slate, Meagher & Flom LLP
Antonio R. Parra, Consultant, Corporate Secretariat of the World Bank
Benjamin A. Sacks, Principal, The Brattle Group
Abby Cohen Smutny, Partner, White & Case LLP
David H. Weiss, Counsel, King & Spalding

Moderators

José Alberro, Senior Advisor, Cornerstone Research
Michael Nolan, Partner, Milbank, Tweed, Hadley & McCloy LLP
Patrick Pearsall, Partner, Jenner & Block
Mallory Silberman, Partner, Arnold & Porter LLP

Speaker

Donald McRae, Professor Emeritus of Law, University of Ottawa

"This volume is not for the beginner, nor was it meant to be. It does not provide answers to the many open and difficult questions in the area of investment treaty arbitration, for the simple reason that there are none. The publication is invaluable, however, for anyone who wishes to follow and understand the developments and the debates in this field."
- Kaj Hóber, Partner, Mannheimer Swartling, Stockholm; Professor of International Law, Centre for Energy, Petroleum and Mineral Law and Policy (CEPMLP), University of Dundee.

"This is not a book for the novitiate, nor is it a ready guide-book to investment treaty arbitration; this is a thought-provoking and substantial presentation of ideas in five particular topics and rightly deserves its place in the library of all who practice in this area. It is not a book for one to settle down and digest in one easy bite -- this book requires and commands time to properly consider. It is all the better for that attribute. Further volumes are awaited with much anticipation."
- Klaus Reichert, Brick Court Chambers is a Barrister and Chartered Arbitrator. He is former Co-Chair of the IBA Litigation Committee, is a member of the LCIA European Users' Council, the ICC Commission on Arbitration, IBA delegate to the Hague Conference on Private International Law

"This is a very wide-ranging work that brings together several generations of legal specialists from very different cultures of law; it includes highly original, even brilliant contributions."
- Droit Et Pratique Des Investissements Internationaux - (International Investments Law and Practice)