Center on International Commercial Arbitration

the symposium

On Wednesday and Thursday, November 15-16, 2023, takes place the Seventh Symposium on Salient Issues in International Arbitration under the theme International Arbitration: Evolution or Devolution?

The Symposium is organized by the Center on International Commercial Arbitration at American University Washington College of Law under the direction of Professor Horacio A. Grigera Naón, and the Institut Suisse de Droit Comparé, represented by Professors Krista Nadakavukaren Schefer and Rodrigo Polanco Lazo. The Symposium is organized with the support of the following partner institutions: United Nations Commission on Trade and Development (UNCTAD), American Society of International Law (ASIL), Asian Academy of International Law (AAIL), University of Chile School of Law, Sharjah Arbitration Centre (Tahkeem), and University Institute of Latin American Studies at Alcalá University in Madrid (IELAT).

The Symposium is supported by Transnational Dispute Management (TDM) as media partner.

This Year’s Topic: International Arbitration: Evolution or Devolution?

International Arbitration – Evolution or Devolution? aims at testing the vitality of arbitration and its ability to adapt to changing circumstances. We are living in a time where everything is questioned and where legal institutions, including those in the business context, evolve at an astonishing pace. Technology, social transformations, political upheaval, environmental degradation, and shifting economic priorities require that arbitration and dispute resolution more broadly re-invent themselves. Investment arbitration is also at a particularly difficult juncture at this stage, with states proposing a plethora of alternatives to avoid subjecting their measures to the discretion of international arbitration tribunals. While transparency is being pushed, mediation is also on the rise, opening fresh challenges to both disputing Parties and the interested public.

In this context, we think there is a need to take a step back and critically assess where arbitration is headed: is arbitration evolving towards more elevated and sophisticated forms or are there setbacks? Are all current developments beneficial for the efficient operation of arbitration proceedings? Does arbitration still offer a suitable solution to business disputes everywhere?

This Symposium will offer scholars and practitioners a global platform to discuss these cutting edge questions.

Conference Program

Wednesday, November 15, 2023

Opening Remarks                                                                                             

Professors Krista Nadakavukaren, Vice-Director of the Institut Suisse de Droit Comparé in Lausanne, and Horacio A. Grigera Naón, Director of the Center on International Commercial Arbitration, American University Washington College of Law

1.- Panel: The Systemic Crisis of ISDS                                                               

Panel Chair: TBD

Panelists:

Will European Withdrawal from the Energy Charter Treaty be a setback for investments in the region? The future of investment arbitration in Europe and remedies for a potential crisis of justice

Weronika Rydzinska, LitFin – Litigation Financiers, Case Manager (Czech Republic/Poland)

Enforcement of ICSID Awards: Evolution or Devolution?

Juan M. Alvarez Contreras, Lecturer at Universidad Externado de Colombia; Alexandra Rubiano, Lawyer from Universidad Externado; and David León, Lawyer from Universidad Externado

The Creation of a WTO-model Multilateral Investment Court: A Panacea for Investor-State Dispute Settlement?

Abraham Faith Abel, Lawyer in Nigeria, graduate from the World Trade Institute (Bern)

National Courts of Justice and the Crisis of Investment Arbitration: Savor or Tormentor?

Bjorn Arp, Assistant Director, Center on International Commercial Arbitration, Washington College of Law

2.- Panel: Contemporary Legal Problems Arising in ISDS                              

Panel Chair: Diana Correa, Arbitrator, Bogotá

Panelists:

Investment Arbitration and Duplication with other Mechanisms*

Bashar Malkawi, Global Professor of Practice in Law, University of Arizona, James E. Rogers College of Law

Legal Certainty and Transparency in Arbitration: Rules/Mechanisms to Avoid Duplication

Francesca Cifuentes Chidini, Lawyer and Political Scientist, University of Los Andes (Colombia); Edilberto Melo Rubiano, Lawyer from Universidad Santo Tomás (Colombia)

Third-Party Funding in Treaty-Based Arbitration: Towards a more transparent and responsible system?

Margie Lys-Jaime, Professor of Law at the University of Panama, Private Law Department

Baby steps or a large stride? The impact of the 2022 ICSID Rules in relation to Third Party Funding

Gregory Chan, LL.M. student at New York University, New York

Lunch Keynote Address                                                                                   

Keynote Speaker: Amb. Hernan Perez Loose, Permanent Representative of Ecuador to the UN Security Council, and Founding Partner at Coronel & Pérez Law Firm, Guayaquil (Ecuador)

3.- Panel: ISDS and Transformations of International Investment Law          

Panel Chair: Krista Nadakavukaren

Panelists:

Corruption in ISDS: A Multicausal and Multidimensional Phenomenon with Public Policy Implications

Fabián Espejo Fandiño, Lawyer at Universidad del Rosario (Colombia)

Turning a “blind eye”: the importance of adopting a “strict” approach for investor due diligence in energy transition disputes in Latin America

Santiago Soto García, Associate, Dechert, Paris

Legitimate Expectations as a General Principle in International Investment Arbitration

Francesco Marsili, Ph.D. candidate, Italy

Evolution of adverse inferences when dealing with allegations of corruption: the legitimacy crisis

Lilit Nagapetyan, Ph.D. candidate, Queen Mary University, London

4.- Panel: International Arbitration and Climate Change          

Panel Chair:

Amb. Hernan Perez Loose, Permanent Representative of Ecuador to the UN Security Council, and Founding Partner at Coronel & Pérez Law Firm, Guayaquil (Ecuador)

Panelists:

The Role of International Commercial Arbitration in Mastering Climate Change Disputes: Challenges and Chances

Kathrin Asschenfeldt, Partner at Baumann Resolving Disputes, Hamburg; Lisa-Marie Ross,  Faculty of Law at the National University of Singapore

The Role of the “Arbitrator-made law” in the Creation of a Lex Climatica

Anne-Sarah Maleville, Dual Master degree student in law and international affairs between Sciences Po Paris and Georgetown Law Center

Effects of States’ Climate Change Commitments on Foreign Investment Arbitration

Nilay Arat, Associate Professor, Kadir Has University School of Law (Turkey)

Climate Change and the Role of International Arbitration

Yurica Ramos Montes, American University Washington College of Law

Thursday, November 16, 2023

5.- Panel: New Developments in International Commercial Arbitration      

Time: 9:30 – 11:00 a.m.

Panel Chair: TBD

Panelists:

Conflicts between the principles of companies’ reorganization and bankruptcy proceedings and non-started or ongoing international commercial arbitration

Héctor Scaianschi Márquez, Universidad de la República, Montevideo

Adrift From Ancient Moorings – The Competence of Arbitral Tribunals to Reconcile Jurisdictional Conflicts Arising from State Sovereign Immunity: Has Arbitration Strayed Too Far?

Glenys P. Spence, Assistant Professor of Law, Barry University School of Law

When public interests meet private mechanisms for dispute resolution: revisiting antitrust law as an element of ordre public in international commercial arbitration in the European Union

Diego Agulló Agulló, Assistant Professor of Private International Law, Universidad Pontificia Comillas (Madrid)

International Commercial Courts

Shalala Valiyeva, American University Washington College of Law

6.- Panel: Regional Trends in International Commercial Arbitration        

Time: 11:15 a.m. – 12:45 p.m.

Panel Chair: Claudia Frutos-Peterson, Managing Partner, Curtis, Mallet-Prevost, Colt & Mosle LLP, Washington, D.C.

Panelists:

Court Assistance in International Arbitration: Latin American Perspective and Practice

Juan Esteban Pacheco Sánchez, Associate, OlarteMoure & Associates, Bogotá

(D)Evolution of International Arbitration in Mexico

Edwin Nemesio Álvarez Román, Founding Partner and Head of International Arbitration Practice, ENARLAW Arbitration

The Application of 28 U.S.C. § 1782 (“Section 1782”) to International Commercial Arbitrations Seated Abroad.

Madina Lokova, American University Washington College of Law

International Commercial Arbitration in Bangladesh: An Analysis

Razidur Rahaman, Assistant Professor of Law, Notre Dame University in Bangladesh

The Role of Institutional Arbitration in Resolving Disputes in Asia: An Empirical Overview

V. Suryanarayana Raju, Attorney and Assistant Professor, Hidayatulah National Law University (India)

Closing Remarks                                                                                                    

Time: 12:45 – 1 p.m.

Professors Krista Nadakavukaren, Vice-Director of the Institut Suisse de Droit Comparé in Lausanne, and Horacio A. Grigera Naón, Director of the Center on International Commercial Arbitration, American University Washington College of Law

Innovative and Diverse Approaches to Arbitration Research

Authors who participate in this Symposium may offer their scholarship on a wide array of issues arising out of international commercial arbitration, investment arbitration, as well as other forms of dispute resolution in the business context or under rules of public international law.

Submissions may address either theoretical or practical issues.  For example, the papers may inquire on the impact of procedural innovations in arbitration rules on the efficiency of the proceedings, the complexities of the interaction between national courts of justice and arbitral tribunals, increasing criticisms of conflict of interest between arbitrators, counsel and parties, allegations of corruptions, and the increasing control over the economy by governments, especially in sensitive areas that affect national security, the protection of personal data and public health-related issues.

Selection and Submission of Research

Selection of Papers and Draft Paper Submission: The authors of the selected proposals will be notified by June 5, 2023 of their acceptance to submit and present their paper at the Symposium on Wednesday, November 15, 2023. There is no cost to register for the conference but participants are responsible for securing their own funding for travel, lodging, and other incidental expenses.

Authors commit to submitting their advance draft papers by Monday, October 9, 2023, so that they can be shared with the other conference participants before the event, and allow for more in-depth discussion.

Submission of Final Papers: The final, revised papers, ready for publication, are due by Monday, December 11, 2023. This gives panelists the opportunity to finish their research and include observations and comments received during the Symposium.

Academic Program Committee of the 2023 Symposium

• Dr. Horacio A. Grigera Naón, Director, Center on International Commercial Arbitration, AUWCL
• Dr. Björn Arp, Fellow, Center on International Commercial Arbitration, and Assistant Director, International Curriculum Development, AUWCL
• Dr. Krista Nadakavukaren Schefer, Vice-Director of the Institut Suisse de Droit Comparé, Lausanne (Switzerland)
• Dr. Rodrigo Polanco Lazo, Conseiller juridique, droits hispanophones, Institut Suisse de Droit Comparé, Lausanne (Switzerland)
• Hamed El Kady, International Investment Policy Officer, Division on Investment and Enterprise, UNCTAD
• Professor Jane Willems, Asian Academy of International Law (Hong Kong)
• Professor Dr. Carlos Jiménez Piernas, University of Alcalá (Madrid) and former Legal Advisor of the Government of Spain
• Diana Correa, Research Professor, Business Law Department, Universidad Externado de Colombia, Bogotá
• Juan Miguel Álvarez, Research Professor, Business Law Department, Universidad Externado de Colombia, Bogotá
• Adriana Castro Pinzon, Director, Business Law Department, Universidad Externado de Colombia, Bogotá
• Tarek Rashid, International Arbitrator, Sharjah International Commercial Arbitration Centre.

About the Symposia on Salient Issues in International Arbitration

The Symposia on Salient Issues in International Arbitration are organized biannually by the Center on International Commercial Arbitration. The purpose to present a global perspective of current developments in international arbitration throughout the world. The symposium hosts prominent speakers and generates a dialogue about salient issues in international commercial arbitration, as well as current developments in BIT and ICSID arbitration, in the Americas, Europe, Africa, the Middle East, and East Asia.