Investment Treaty Arbitration and International Law - Volume 8
ISBN:
978-1-937518-69-1
Page Count:
416 pages
Published:
March, 2015
This volume contains the papers and proceedings of the eighth annual Juris Conference addressing new developments in investment treaty arbitration with a focus on the fundamental issues that have drawn some of the greatest controversies in the jurisprudence over the past few years. The four topics addressed in this book include:
- Challenges to Arbitrators: Should the Challenge Process Be Overhauled?
- New Developments in Definition of "Investment": What Is the Role of the Concept of "Property" in Investment Arbitration?
- Is Investment Treaty Arbitration a Mechanism to Second-guess Governments' Exercise of Administrative Discretion: Public Law or Lex Investoria?
- Awarding Damages: Proportionality, Contributory Fault, and Arbitral Tribunals' Discretion or Toss of a Coin?
Contributors:
|
Meriam N. Alrashid
Paul Barker
Julie Bédard
Alexander Bĕlohlávek
Amal Bouchenaki
Mark N. Bravin
Kate Brown de Vejar
Julián Cárdenas Garcia
Tina Cicchetti
Robert A. DeRise
Paolo Di Rosa
|
James Egerton-Vernon
Timothy L. Foden
George K. Foster
John Y. Gotanda
George Kahale III
Jonathan S. Kallmer
Joshua Karton
Matthew S. Kronby
Pablo D. López Zadicoff
Juan Felipe Merizalde Urdaneta
Craig Miles
|
Caline Mouawad
Timothy G. Nelson
Michael Nolan
Eloïse Obadia
Sirshar Qureshi
Charles E. Roh
Charles B. Rosenberg
Margarita R. Sánchez
Matthew D. Slater
Fernando A. Tupa
Janet M. Whittaker
|
PDF of Title Page and T.O.C.
Introduction
Profiles
PART I
CHALLENGES TO ARBITRATORS: SHOULD THE
CHALLENGE PROCESS BE OVERHAULED?
Charles B. Rosenberg
Fernando A. Tupa
Ms. Julie Bédard
Professor George K. Foster
Ms. Kate Brown de Vejar
Professor Alexander Bĕlohlávek
Ms. Amal Bouchenaki
PANEL DISCUSSION
PART II
NEW DEVELOPMENTS IN DEFINITION OF
“INVESTMENT”: WHAT IS THE ROLE OF THE CONCEPT
OF “PROPERTY” IN INVESTMENT ARBITRATION?
Margarita R. Sánchez and Robert A. DeRise
Timothy L. Foden
Ms. Tina Cicchetti
Ms. Eloïse Obadia
Mr. Paolo Di Rosa
Mr. Charles Roh
Mr. Jonathan Kallmer
PANEL DISCUSSION
George Kahale III
PART III
IS INVESTMENT TREATY ARBITRATION A MECHANISM
TO SECOND-GUESS GOVERNMENTS’ EXERCISE OF
ADMINISTRATIVE DISCRETION: PUBLIC LAW
OR LEX INVESTORIA?
James Egerton-Vernon
Paul Barker
Professor Joshua Karton
Ms. Caline Mouawad
Mr. Matthew Kronby
Professor Julián Cárdenas Garcia
Ms. Janet Whittaker
PANEL DISCUSSION
PART IV
AWARDING DAMAGES: PROPORTIONALITY,
CONTRIBUTORY FAULT, AND ARBITRAL TRIBUNALS’
DISCRETION OR TOSS OF A COIN?
Juan Felipe Merizalde Urdaneta
Meriam N. Alrashid
Mr. Craig Miles
Mr. Mark Bravin
Mr. Matthew Kronby
Mr. Pablo D. López Zadicoff
Mr. Sirshar Qureshi
PANEL DISCUSSION
TABLE OF CASES
INDEX
Editors
Ian A. Laird is co-chair of Crowell & Moring’s International Dispute
Resolution Group and practices in the firm’s Washington, D.C. office. He is
an adjunct professor at Columbia University School of Law and
Georgetown University Law Center. He represents a range of clients in
international arbitration proceedings involving disputes between
corporations and foreign sovereign governments. He is the co-founder and
Editor-in-Chief of OUP’s Investmentclaims.com and Co-Director of the
International Investment Law Center at the International Law Institute
(ILI) in Washington, D.C.
Borzu Sabahi practices international arbitration and public international
law in Curtis, Mallet-Prevost, Colt & Mosle LLP’s Washington, D.C. office.
He is an adjunct professor of law at Georgetown and Columbia Law
Schools where he co-teaches seminars on investor-state dispute resolution
and international oil & gas development. He is Editor of Oxford’s
Investmentclaims.com and Co-Director of the International Investment
Law Center at the ILI. He has widely published on international
arbitration and regularly speaks at conferences.
Frédéric G. Sourgens is an Associate Professor of Law at Washburn
University School of Law and Managing Editor of Investmentclaims.com.
Professor Sourgens publishes widely in international and transnational
law and has served as counsel and legal expert in many international
disputes.
Todd J. Weiler is an independent counsel, arbitrator and expert consultant
on investment treaty arbitration. Highly regarded for his engaging and
creative style, Dr. Weiler is widely recognized as a leading expert on the
NAFTA and CAFTA, the history of international investment law, and on
investor-state dispute settlement generally.
Associate Editor
Kabir Duggal is a senior associate in the International Arbitration group of
Baker & McKenzie LLP's New York office. His practice focuses on
investor-state arbitration, commercial arbitration, and on issues and
disputes relating to public international law. Prior to this, Kabir has
worked on many different aspects of public international law. He was a
consultant with The World Bank Group and with UNICEF, and was a
research clerk to Justice Sujata Manohar (Supreme Court of India and
National Human Rights Commission). Kabir is also a Lecturer-in-Law at
the Columbia Law School, teaching "International Investment Arbitration,"
and serves on ICSID Review's Peer Review Board. He is a Fellow at the
Columbia Center on Sustainable Investment and is a graduate of the
University of Mumbai, University of Oxford (Law Faculty), and NYU
School of Law (Hauser Global Scholar).
Authors
Meriam N. Alrashid, Counsel, International Dispute Resolution Group of
Crowell & Moring LLP, London
Paul Barker, Associate, Cleary Gottlieb Steen & Hamilton in London
Robert A. DeRise, Associate, Arnold & Porter LLP in Washington D.C.
James Egerton-Vernon, Special Legal Consultant, Jones Day in Washington,
D.C.
Timothy L. Foden, Senior Associate, Quinn Emanuel Urquhart & Sullivan
Juan Felipe Merizalde Urdaneta, Associate, Dechert LLP in Washington,
D.C.
Charles B. Rosenberg, Associate, White & Case LLP in Washington, D.C.
Margarita R. Sánchez, Associate, Arnold and Porter
Fernando A. Tupa, Senior Associate, Curtis, Mallet-Prevost, Colt & Mosle
LLP, New York
Faculty
Julie Bédard, Partner, Skadden, Arps, Slate, Meagher & Flom in New York
Alexander Bĕlohlávek, Founder and Senior Partner, The Bĕlohlávek Law
Offices in Prague
Amal Bouchenaki, Counsel, Herbert Smith Freehills in New York
Mark N. Bravin, Partner and global co-chair, International Arbitration
Practice of Winston & Strawn in Washington, D.C.
Kate Brown de Vejar, Counsel, International Arbitration group of Curtis,
Mallet-Prevost, Colt & Mosle LLP
Julián Cárdenas Garcia, Venezuelan attorney and Doctoral Fellow,
Research Center on Investment and International Trade Law (CREDIMI) at
the University of Bourgogne, Dijon, France
Tina Cicchetti, Counsel, Fasken Martineau’s Litigation and Dispute
Resolution Group in Vancouver
Paolo Di Rosa, Partner and Head, Arnold & Porter’s international
arbitration practice in Washington, D.C.
George K. Foster, Associate Professor of Law, Lewis & Clark Law School
Jonathan S. Kallmer, Counsel, Crowell & Moring’s International Trade
and International Dispute Resolution groups in Washington, D.C.
Joshua Karton, Assistant Professor, law faculty of Queen’s University in
Kingston, Ontario, Canada
Matthew S. Kronby, Partner, Bennett Jones in Toronto
Pablo D. López Zadicoff, Vice President, Compass Lexecon
Craig Miles, Partner, King & Spalding’s International Arbitration Group
in Houston
Caline Mouawad, Partner, King & Spalding’s International Arbitration
Group in New York
Eloïse Obadia, Partner, Derains & Gharavi in Paris
Sirshar Qureshi, Forensic Services Leader, PricewaterhouseCoopers in
central and Eastern Europe, Russia and CIS
Charles E. Roh, Partner, Weil, Gotshal & Manges in Washington, D.C.
Janet M. Whittaker, Counsel, Simpson Thacher & Bartlett LLP
Moderators
John Y. Gotanda, Dean of Villanova University School of Law
Timothy G. Nelson, Partner, Skadden, Arps, Slate, Meagher & Flom in
New York
Michael Nolan, Partner, Milbank, Tweed, Hadley & McCloy in
Washington, D.C.
Matthew D. Slater, Partner, Cleary Gottlieb Steen & Hamilton in
Washington, D.C.
Speaker
George Kahale III, Chairman, Curtis, Mallet-Prevost, Colt & Mosle
Praise for the Investment Treaty Arbitration and International Law Series:
"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. We look forward to the Third Annual Investment Treaty Arbitration Conference and the book that will come in its wake."
- 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 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)
Author/Editor Detail:
Editors
Ian A. Laird is co-chair of Crowell & Moring’s International Dispute
Resolution Group and practices in the firm’s Washington, D.C. office. He is
an adjunct professor at Columbia University School of Law and
Georgetown University Law Center. He represents a range of clients in
international arbitration proceedings involving disputes between
corporations and foreign sovereign governments. He is the co-founder and
Editor-in-Chief of OUP’s Investmentclaims.com and Co-Director of the
International Investment Law Center at the International Law Institute
(ILI) in Washington, D.C.
Borzu Sabahi practices international arbitration and public international
law in Curtis, Mallet-Prevost, Colt & Mosle LLP’s Washington, D.C. office.
He is an adjunct professor of law at Georgetown and Columbia Law
Schools where he co-teaches seminars on investor-state dispute resolution
and international oil & gas development. He is Editor of Oxford’s
Investmentclaims.com and Co-Director of the International Investment
Law Center at the ILI. He has widely published on international
arbitration and regularly speaks at conferences.
Frédéric G. Sourgens is an Associate Professor of Law at Washburn
University School of Law and Managing Editor of Investmentclaims.com.
Professor Sourgens publishes widely in international and transnational
law and has served as counsel and legal expert in many international
disputes.
Todd J. Weiler is an independent counsel, arbitrator and expert consultant
on investment treaty arbitration. Highly regarded for his engaging and
creative style, Dr. Weiler is widely recognized as a leading expert on the
NAFTA and CAFTA, the history of international investment law, and on
investor-state dispute settlement generally.
Associate Editor
Kabir Duggal is a senior associate in the International Arbitration group of
Baker & McKenzie LLP's New York office. His practice focuses on
investor-state arbitration, commercial arbitration, and on issues and
disputes relating to public international law. Prior to this, Kabir has
worked on many different aspects of public international law. He was a
consultant with The World Bank Group and with UNICEF, and was a
research clerk to Justice Sujata Manohar (Supreme Court of India and
National Human Rights Commission). Kabir is also a Lecturer-in-Law at
the Columbia Law School, teaching "International Investment Arbitration,"
and serves on ICSID Review's Peer Review Board. He is a Fellow at the
Columbia Center on Sustainable Investment and is a graduate of the
University of Mumbai, University of Oxford (Law Faculty), and NYU
School of Law (Hauser Global Scholar).
Authors
Meriam N. Alrashid, Counsel, International Dispute Resolution Group of
Crowell & Moring LLP, London
Paul Barker, Associate, Cleary Gottlieb Steen & Hamilton in London
Robert A. DeRise, Associate, Arnold & Porter LLP in Washington D.C.
James Egerton-Vernon, Special Legal Consultant, Jones Day in Washington,
D.C.
Timothy L. Foden, Senior Associate, Quinn Emanuel Urquhart & Sullivan
Juan Felipe Merizalde Urdaneta, Associate, Dechert LLP in Washington,
D.C.
Charles B. Rosenberg, Associate, White & Case LLP in Washington, D.C.
Margarita R. Sánchez, Associate, Arnold and Porter
Fernando A. Tupa, Senior Associate, Curtis, Mallet-Prevost, Colt & Mosle
LLP, New York
Faculty
Julie Bédard, Partner, Skadden, Arps, Slate, Meagher & Flom in New York
Alexander Bĕlohlávek, Founder and Senior Partner, The Bĕlohlávek Law
Offices in Prague
Amal Bouchenaki, Counsel, Herbert Smith Freehills in New York
Mark N. Bravin, Partner and global co-chair, International Arbitration
Practice of Winston & Strawn in Washington, D.C.
Kate Brown de Vejar, Counsel, International Arbitration group of Curtis,
Mallet-Prevost, Colt & Mosle LLP
Julián Cárdenas Garcia, Venezuelan attorney and Doctoral Fellow,
Research Center on Investment and International Trade Law (CREDIMI) at
the University of Bourgogne, Dijon, France
Tina Cicchetti, Counsel, Fasken Martineau’s Litigation and Dispute
Resolution Group in Vancouver
Paolo Di Rosa, Partner and Head, Arnold & Porter’s international
arbitration practice in Washington, D.C.
George K. Foster, Associate Professor of Law, Lewis & Clark Law School
Jonathan S. Kallmer, Counsel, Crowell & Moring’s International Trade
and International Dispute Resolution groups in Washington, D.C.
Joshua Karton, Assistant Professor, law faculty of Queen’s University in
Kingston, Ontario, Canada
Matthew S. Kronby, Partner, Bennett Jones in Toronto
Pablo D. López Zadicoff, Vice President, Compass Lexecon
Craig Miles, Partner, King & Spalding’s International Arbitration Group
in Houston
Caline Mouawad, Partner, King & Spalding’s International Arbitration
Group in New York
Eloïse Obadia, Partner, Derains & Gharavi in Paris
Sirshar Qureshi, Forensic Services Leader, PricewaterhouseCoopers in
central and Eastern Europe, Russia and CIS
Charles E. Roh, Partner, Weil, Gotshal & Manges in Washington, D.C.
Janet M. Whittaker, Counsel, Simpson Thacher & Bartlett LLP
Moderators
John Y. Gotanda, Dean of Villanova University School of Law
Timothy G. Nelson, Partner, Skadden, Arps, Slate, Meagher & Flom in
New York
Michael Nolan, Partner, Milbank, Tweed, Hadley & McCloy in
Washington, D.C.
Matthew D. Slater, Partner, Cleary Gottlieb Steen & Hamilton in
Washington, D.C.
Speaker
George Kahale III, Chairman, Curtis, Mallet-Prevost, Colt & Mosle
Reviews:
Praise for the Investment Treaty Arbitration and International Law Series:
"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. We look forward to the Third Annual Investment Treaty Arbitration Conference and the book that will come in its wake."
- 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 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)
Table of Contents:
PDF of Title Page and T.O.C.
Introduction
Profiles
PART I
CHALLENGES TO ARBITRATORS: SHOULD THE
CHALLENGE PROCESS BE OVERHAULED?
Charles B. Rosenberg
Fernando A. Tupa
Ms. Julie Bédard
Professor George K. Foster
Ms. Kate Brown de Vejar
Professor Alexander Bĕlohlávek
Ms. Amal Bouchenaki
PANEL DISCUSSION
PART II
NEW DEVELOPMENTS IN DEFINITION OF
“INVESTMENT”: WHAT IS THE ROLE OF THE CONCEPT
OF “PROPERTY” IN INVESTMENT ARBITRATION?
Margarita R. Sánchez and Robert A. DeRise
Timothy L. Foden
Ms. Tina Cicchetti
Ms. Eloïse Obadia
Mr. Paolo Di Rosa
Mr. Charles Roh
Mr. Jonathan Kallmer
PANEL DISCUSSION
George Kahale III
PART III
IS INVESTMENT TREATY ARBITRATION A MECHANISM
TO SECOND-GUESS GOVERNMENTS’ EXERCISE OF
ADMINISTRATIVE DISCRETION: PUBLIC LAW
OR LEX INVESTORIA?
James Egerton-Vernon
Paul Barker
Professor Joshua Karton
Ms. Caline Mouawad
Mr. Matthew Kronby
Professor Julián Cárdenas Garcia
Ms. Janet Whittaker
PANEL DISCUSSION
PART IV
AWARDING DAMAGES: PROPORTIONALITY,
CONTRIBUTORY FAULT, AND ARBITRAL TRIBUNALS’
DISCRETION OR TOSS OF A COIN?
Juan Felipe Merizalde Urdaneta
Meriam N. Alrashid
Mr. Craig Miles
Mr. Mark Bravin
Mr. Matthew Kronby
Mr. Pablo D. López Zadicoff
Mr. Sirshar Qureshi
PANEL DISCUSSION
TABLE OF CASES
INDEX