Joint Symposium, March 29, 2010
International Investment and ADR
Preventing and Managing Investment Treaty Conflict
Introduction to the Joint Symposium
The Washington and Lee and UNCTAD Joint Symposium on Investment and Alternative Dispute Resolution (ADR) will bring together academics, governments, practitioners, investors, representatives from international organizations and non-governmental entities from around the world to discuss International Investment Agreements (IIAs) and Alternative Dispute Resolution (ADR).
The Joint Symposium will be a unique opportunity to generate ideas and explore good practices for preventing, managing and resolving investment treaty conflict in order to facilitate investment and create sustainable dispute resolution systems. The Joint Symposium will consider a broad range of ADR-related issues ranging from dispute prevention, to avoiding dispute escalation, to considering alternatives to investment treaty arbitration, to thinking systematically about designing effective dispute resolution systems. We hope that the Joint Conference will provide an opportunity to engage in networking, brainstorming and collaboration on investment dispute resolution and ADR and generate a set of good practices for the efficient prevention and management of investment treaty conflict.
The Joint Symposium will involve a keynote address and various panels considering issues related to international investment and ADR. Professor W. Michael Reisman, the Myres S. McDougal Professor of International Law at Yale University's School of Law and an international arbitrator in his own right, will deliver the keynote address to place the conference in the requisite historical context and set the tone for future dialogue. Three panels will then explore different themes, such as stakeholders' current experiences with the resolution of investment treaty conflicts, the achievements and pitfalls of the current system, methods for preventing and minimizing the escalation of investment disputes, and the identification of creative strategies for managing investment conflict in both the short and long term.
Symposium Video and Presentations
Conference Introductions and Keynote Address
Video Audio
Panel 1 – Experiences of Stakeholders in Investment Arbitration and Dispute Resolution – Pitfalls and Successes
Video Audio
Panel 2 – Exploring Existing Strategies and Innovations for Preventing and Managing Investment Treaty Disputes Efficiently
Video Audio
Panel 3 – Creative Options for the Future: Setting a Common Agenda of Mutual Interests and Expectations
Video Audio
Conference Closing Remarks
Video Audio
Presentation Files (PPT Format)
16:00 - 17:30: Wine Tasting and Vineyard Tour
19:00 - 21:00: Pre-conference Dinner - Sponsored by Foley Hoag LLP
Conference Activities - 29 March 2010 (Open to the Public)
9:00 - 9:15: Introductions
- Rodney Smolla, Dean and Roy L. Steinheimer, Jr. Professor of Law, Washington and Lee University School of Law
- Susan D. Franck, Associate Professor, Washington and Lee University School of Law
- Anna Joubin-Bret, Senior Legal Advisor, UNCTAD
9:15 - 9:45: Keynote Speaker
9:45 - 11:45: Panel 1 – Experiences of Stakeholders in Investment Arbitration and Dispute Resolution – Pitfalls and Successes
- Moderator:
Ted Posner, Partner, Crowell & Moring LLP
- Speakers:
Mark Clodfelter, Partner, Foley Hoag LLP
Jack J. Coe, Jr., Professor of Law, Pepperdine University School of Law
Alvaro Galindo, Director of International Arbitration and Litigation, Office of the Attorney General, Republic of Ecuador
Vilawan Mangklatanakul, Minister Counselor, Ministry of Foreign Affairs, Government of Thailand
Ignacio Torterola, ICSID Liaison, Embassy of the Argentine Republic
- Commentator:
Mark Feldman, Chief, NAFTA/CAFTA-DR Arbitration, Office of the Legal Adviser, U.S. Department of State
13:15 - 15:00: Panel 2 – Exploring Existing Strategies and Innovations for Preventing and Managing Investment Treaty Disputes Efficiently
- Moderator:
William K. Slate II, President and CEO, American Arbitration Association
- Speakers:
Meg Kinnear, Secretary-General, International Centre for the Settlement of Investment Disputes, World Bank
Aguie Lendor, Manager of Trade and Investment Policies, Center of Export and Investment, Dominican Republic
Michael McIlwrath, Senior Counsel, General Electric Infrastructure – Oil & Gas
Paul Andres Paredes Portella, Director of International Economic and Financial Entities, Ministry of Foreign Affairs, Peru
Andrea K. Schneider, Professor of Law, Marquette University School of Law
- Commentator:
Jonathan (Josh) Kallmer, Deputy Assistant U.S. Trade Representative for Investment, Office of the U.S. Trade Representative
15:30 - 17:30: Panel 3 – Creative Options for the Future: Setting a Common Agenda of Mutual Interests and Expectations
- Moderator:
Yas Banifatemi, Partner, Shearman & Sterling LLP
- Speakers:
Laurence Boulle, Director of the Mandela Institute for Global Economic Law, University of Witwatersrand, South Africa
Cathy Costantino, Adjunct Professor of Law, Georgetown University Law School, George Washington University Law School and Counsel, Federal Deposit Insurance Corporation
Noriyuki Mita, Director for FTA, Ministry of Economy, Trade and Industry, Japan
José Antonio Rivas, Foreign Attorney, Arnold & Porter LLP
Wolf von Kumberg, Legal Director and Assistant General Counsel, Northrop Grumman Corporation
- Commentator:
Mariana Hernandez Crespo, Associate Professor and Founder of the UST International ADR Research Network, University of St. Thomas School of Law
17:30 - 17:45: Closing Remarks
- Closing remarks by Lucy Reed, Partner and Co-Head of Global International Arbitration Group, Freshfields Bruckhaus Deringer LLP and Immediate Past President of the American Society of International Law
18:00 - 19:00: Drinks Reception - Sponsored by the American Arbitration Association and William and Debora Slate
Key Participants
- Gabriela Alvarez-Avila, Partner, Curtis, Mallet-Prevost, Colt & Mosle LLP
- Lisa Blomgren Bingham, Professor and Keller-Runden Chair in Public Service, Indiana University, School of Public and Environmental Affairs
- Andrea K. Bjorklund, Professor of Law, University of California, Davis
- Lada Busevac, Product Leader in ADR, International Finance Corporation
- Domenico Di Pietro, Advocate, Chiomenti Studio Legale
- Roberto Echandi, Ambassador of Costa Rica to the European Union, Government of Costa Rica
- Ambassador Carlo Gianelli Derois, Oriental Republic of Uruguay, Ambassador to the United States of America
- Patricio Grané, Counsel, Arnold and Porter LLP
- Richard Karugarama, Senior Legal & Governance Policy Analyst, Office of the President of the Republic of Rwanda
- Jae-Hoon Kim, Public Prosecutor / Legal Counsel, Ministry of Justice of Korea
- Dany Khayat, Counsel, Mayer Brown LLP
- Barton Legum, Partner, Salans
- Céline Lévesque, Associate Professor, University of Ottawa, Faculty of Law, Civil Law Section
- David A. Pawlak, International Legal Consultant, David A. Pawlak LLC
- Srilal M. Perera, Chief Counsel Legal and Claims, Multilateral Investment Guarantee Agency
- F. Peter Phillips, Principal, Business Conflict Management LLC
- Andrea Saldarriaga, International Legal Consultant
- Leroy Sheffer, Consultant, International Trade Advisory Services
- Hi-Taek Shin, Professor, Seoul National University School of Law
- Eduardo Silva Romero, Partner, Dechert LLP
- Brad Stilwell, Office of Investment Affairs, U.S. Department of State
- Hannah Tuempel, Manager, International Chamber of Commerce Dispute Resolution Services
- Nancy Welsh, Professor of Law, Penn State Dickinson School of Law
- Jason Yackee, Assistant Professor of Law, University of Wisconsin Law School
Click here for travel and lodging information.
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