On 28 January 2021 BIICL and Baker Botts will present the first comprehensive empirical study on annulment in investment treaty arbitration. The study examines hundreds of annulment decisions by rendered by ICSID annulment committees and domestic courts.
This empirical study builds on a detailed examination of the entire universe of publicly available decisions and offers a unique insight into how ICSID annulment committees and domestic courts treat annulment applications.
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Our speakers will cover a range of issues related to annulment in ISDS, including:
- The number of annulment decisions and their growth over time
- Are investors or states more likely to apply to annul an award?
- What are the most cited ICSID annulment committee decisions?
- What are the most successful and the least successful grounds for annulment?
- How do ICSID annulment committees understand serious departure from a fundamental rule of procedure and failure to state the reasons on which it was based?
- How has the interpretation of different annulment grounds evolved over time?
- Certain differences between ICSID and non-ICSID annulment proceedings
Judge Joan Donoghue, Judge, International Court of Justice
Joan E. Donoghue is an American jurist, and a Judge on the International Court of Justice. She graduated from the University of California, Santa Cruz and received her Juris Doctorate from the University of California, Berkeley School of Law. In the 1980s, Donoghue acted as attorney-advisor for the U.S. in Nicaragua v. United States. She was the General Counsel of Freddie Mac and served as Deputy Legal Adviser at the United States State Department. She has been an arbitrator or a judge in nearly 50 international cases, including two recent ICSID annulment awards.
Dr. Johannes Koepp, Partner, Baker Botts
Dr. Johannes Koepp is a partner in the firm's International Arbitration & Dispute Resolution Group, specialising in international commercial arbitration and investment arbitration, as well as public international law, mainly in the energy and telecommunications. He has served as counsel in some of the world's highest value arbitrations. He holds Ph.D and LL.M. degrees in international law and also serves as arbitrator, both as sole and party-appointed arbitrator.
Professor Yarik Kryvoi, British Institute of International and Comparative Law
Professor Kryvoi is Director of the Investment Treaty Forum at the British Institute of International and Comparative Law. Before moving to academia, he practiced international investment law and arbitration with leading law firms in the United States, United Kingdom and Russia. He is currently engaged in a number of law reform and capacity building projects in Asia and is listed as arbitrator by several institutions, including Hong Kong International Arbitration Centre, Asian International Arbitration Centre and Shenzhen Court of International Arbitration. Prof Kryvoi is the course leader of the Institute's new online course International Investment Law and Dispute Resolution, available at biicl.org/isds.
Jack Biggs, Associate, Baker Botts
Mr. Biggs' practice is focused on international arbitration. He has advised and represented clients in the energy, resources and construction sectors. He has experience acting in both commercial and investment arbitrations in a variety of jurisdictions in Europe, the Middle East, Central and Latin America. He also works on complex commercial litigation matters. He is qualified in New South Wales, Australia. He is also an Adjunct Lecturer at Queen Mary University, London.
Professor Andrea K. Bjorklund, L. Yves Fortier Chair in International Arbitration and International Commercial Law, McGill University
Andrea K. Bjorklund is the Associate Dean of Graduate Studies, as well as a Full Professor and the L. Yves Fortier Chair in International Arbitration and International Commercial Law, at McGill University Faculty of Law. In addition to serving as an adviser to the American Law Institute's project on restating the U.S. law of international commercial arbitration, she is a member of the Advisory Board of the Investment Treaty Forum of the British Institute for International and Comparative Law. She is the co-deputy-chair of the Academic Forum operating parallel to UNCITRAL's Working Group III, which is considering reform of investor-state dispute settlement. She is on the panel of arbitrators of the AAA's International Centre for Dispute Resolution and of the International Commercial Arbitration Court of the Ukrainian Chamber of Commerce. She is also a U.S. appointee to the roster of NAFTA Chapter 19 arbitrators.
This event offers the equivalent of 2 CPD hours.
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