International investment disputes

The session will consist of three panels:

Panel 1: Are we over Achmea’ed?

• Achmea and its impact, including the European Commission’s position
• Cases in English courts before and after Achmea
• UP or down—the effect of ICSID tribunals’ recent decisions on the jurisdictional effect of Achmea

Panel 2: Interim measures in investment arbitration

• Are emergency arbitrator procedures suitable for Investment disputes?
• To sue or not to sue—sovereigns’ right to prosecute crimes committed on their territory and claimants’ ability to bring arbitration claims
• Security for costs—should the taxpayer pay for spurious claims?
• Transparency v fake news and media bullying campaigns—do tribunals have any teeth to deal with misbehaviour?

Panel 3: New approaches to the resolution of investment disputes—what does the future hold?

• Review of ICSID and other procedural rule amendments
• Negotiations, terminations and alterations to BITs, MITs and FTAs
• The implications of Brexit for investment arbitration

Speakers:

• Mathew Weiniger, QC, Linklaters
• Prof Loukas Mistelis, Queen Mary University of London
• Siddharth Dhar, Essex Court Chambers
• David Goldberg, White & Case
• Charles Claypool, Latham & Watkins
• Yasmin Mohammad, Vannin Capital
• Sylvia Tonova, Jones Day
• Sylvia Noury, Freshfields Bruckhaus Deringer
• Andrew Cannon, Herbert Smith Freehills

Further information regarding the session, including the speakers, may be added to this page in due course.