International investment disputes

7 May | 14:00 - 17:00 | Duration: 180 minutes


Essex Court Chambers, Freshfields Bruckhaus Deringer, Herbert Smith Freehills, Jones Day, King & Spalding, Latham & Watkins, Linklaters, Vannin Capital, White & Case

What this session will cover

In this session leading practitioners will discuss and debate topical issues in investor-state dispute settlement and provide perspectives on what the future may hold in this fascinating field of practice.

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

Confirmed speakers include: Andrea Bjorklund (McGill University), Andrew Cannon (Herbert Smith Freehills), Charles Claypool (Latham & Watkins), Siddharth Dhar (Essex Court Chambers), Lola Fadina (Department of International Trade), David Goldberg (White & Case), Toby Laundau QC (Essex Court), Prof Loukas Mistelis (Queen Mary University of London), Yasmin Mohammad (Vannin Capital), Sylvia Noury (Freshfields Bruckhaus Deringer), Thomas Sprange QC (King & Spalding), Sylvia Tonova (Jones Day) and Mathew Weiniger QC (Linklaters).

Registration and catering: Registration and networking will commence at 13:30 pm, in time for a prompt 14:00 pm start to the session. Refreshments will be available.

This event is being held at:

White & Case LLP


5 Old Broad Street,

Getting There

We recommend using Transport for London (TFL) for the most up-to-date information on how to get to White & Case.