European Law and Investment Treaties: Exploring the Grey Areas

Thursday 4 December 2008 10:30 to 17:00

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WELCOME AND INTRODUCTION

Welcome: Professor Robert McCorquodale, Director, British Institute of
International and Comparative Law

Introduction: Patrick Sherrington, Lovells LLP, London

SESSION ONE: INVESTMENT ARBITRATION UNDER INTRA-EU BITS

Was the Arbitral Tribunal in Eastern Sugar v Czech Republic right to
conclude that intra-EU BITs remain applicable until they are terminated
or does EC law automatically terminate these treaties? Is EC law
applicable in investment arbitrations?

Chair: Norah Gallagher, Director, Investment Treaty Forum, British Institute
of International and Comparative Law

Speakers:

Christer Söderlund, Vinge, Stockholm
Professor Christian Tietje, University of Halle-Wittenberg
Peter Turner, Freshfields Bruckhaus Deringer LLP, Paris
Robert Volterra, Latham & Watkins LLP, London

SESSION TWO: INFRINGEMENT PROCEEDINGS AGAINST MEMBER STATES'
BITS BEFORE THE EUROPEAN COURT OF JUSTICE

On 10 July 2008, Advocate General Maduro opined that several Austrian and
Swedish BITs would violate EC law. If the ECJ follows this opinion, in effect,
Austria and Sweden will have to terminate several BITs. Are Member States
still competent to negotiate, conclude and amend BITs?

Chair: Markus Burgstaller, Lovells LLP, London

Speakers:

Graham Coop, Energy Charter Secretariat
Anna Falk, Ministry for Foreign Affairs of Sweden, Stockholm
James Flynn, Brick Court Chambers, London
Professor Catherine Kessedjian, University of Paris II, Panthéon-Assas

SESSION THREE: THE TREATY OF LISBON AND INVESTMENT PROTECTION

What will be the allocation of competences for foreign direct investment
once the Treaty of Lisbon enters into force? Will international investment
agreements concluded by the EU and the Member States co-exist? What isthe impact of the Treaty on Lisbon on the level of investor protection?

Chair: Robert Hunter, Lovells LLP, Frankfurt

Speakers:

Professor James Crawford, University of Cambridge
Petr Ondrusek, European Commission, Brussels
Professor August Reinisch, University of Vienna
Manfred Schekulin, Federal Ministry of Economics and Labour, Vienna

CONCLUSION AND CLOSE
Professor James Crawford, University of Cambridge
Michael Davison, Lovells LLP, London

This event is co-organized with

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ITF members will receive the British Institute of International and Comparative Law members' rates.

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