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