8th May 2014
What is this event about?
This meeting proceeds from the observation that we are presently in the midst of a period of unprecedented re-examination and innovation with respect to the dispute settlement aspects of the investor-state treaty regime. The purpose of this meeting is to address some of the most important policy and rule changes which have taken place over the past several years and ask about changes and new structures currently under consideration.
The meeting will proceed under three panels:
Panel 1: Alternatives to Ad Hoc Arbitral Resolution
One-off, ad hoc arbitration is the default means for resolving disputes under investment treaties. Even institutionally administered investor-state arbitration, such as ICSID, is essentially ad hoc in character: claims arise under different treaties before different tribunals and challenges are considered by 'ad hoc' committees. This panel will explore alternatives to this model of dispute resolution such as the use of specialized dispute settlement mechanisms for particular classes of claims under individual treaties, treaty-based interpretative committees, and the adoption of treaty-based appellate mechanisms.
Panel 2: Beyond Arbitration
Investor-state arbitration is a means and not an end. The goal of including arbitration in investment treaties has been to provide investors with a neutral and familiar mechanism for the resolution of treaty-based disputes with host states. But is arbitration a necessity for all bilateral (or multilateral) relationships? In 2004, Australia and the United States famously committed to investment protection standards without providing for investor-state arbitration. Now, the European Union and the United States have begun negotiation of a free trade agreement which will cover investment. Do European and American investors need the protection of investor-state arbitration? Elsewhere, some states, like South Africa, have sought to abandon investor-state treaties and arbitration altogether, replacing it with domestic regimes. One size will not fit all, but can, and should, states being moving beyond arbitration?
Panel 3: Making the Most of Current Processes
Regardless of the changes which states are making or may make in the future in their investment treaty practice, as a practical matter there are some 3,000 investment treaties presently in force. Arbitral institutions, treaty-based secretariats, and other organizations have made and continue to make adjustments to existing regimes to address areas of potential improvement in investor-state arbitral practice. This panel looks at changes to existing investor-state arbitral structures, such as UNCITRAL's new rules on transparency in treaty-based investment arbitration, the Energy Charter Secretariat's agenda for reform, and the IBA's initiatives on mediation.
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This event is accredited with 6 CPD hours.
Pricing and Registration
Full-time Academic £125
Full-time Student £50
Full-time Academic £210
Full-time Student £85
N.B. The Academic rate also applies to staff of government and non-profit organisations.
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