This online conference brings together members of the Investment Treaty Forum to address complex issues related to evidence in investor-state disputes. The topics will include law applicable to evidentiary issues, admissibility of evidence (including obtained using illegal means), determining the relevance and materiality of evidence, adverse inferences, disclosure requests, distinction between law and facts, provisional measures related to evidence.
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Thursday, 29 April 2021
13.30 - 17.00 (BST)
13:30 - 13:40 | Opening remarks
Professor Yarik Kryvoi, British Institute of International and Comparative Law, London
13:40 - 14:30 | Keynote address
Sir Daniel Bethlehem KCMG QC, Twenty Essex, London
14:30 - 14:40 | refreshment break
14:40 - 16:00 | Panel 1: Applicable law and evidence
- Chair: Gaëtan Verhoosel, Three Crowns, London
- Professor Frédéric Sourgens, Washburn School of Law, Topeka - Overview of conflict of law issues
- Jennifer Younan, Shearman & Sterling, London - Approaches to admissibility and relevance of evidence in ISDS
- Samantha Rowe, Debevoise & Plimpton, London - Approaches to burden and standard of proof in ISDS
16:00 - 16:10 | refreshment break
16:10 - 17:30 | Panel 2: Inferences and exclusionary rules
- Chair: Prof Maurice Mendelson QC, Blackstone Chambers, London
- Kate Cervantes-Knox, DLA Piper, London - Inferences from evidence or its absence
- Andrew Cannon, Herbert Smith Freehills, London - Exclusion of evidence and evidentiary privileges
- Rachel Thorn, Cooley, New York - Proof of law
Friday, 30 April 2021
13.30 - 16.30 (GMT)
13:30 - 14:50 | Panel 3: Obtaining and presenting evidence
- Chair: Anthony Sinclair, Quinn Emanuel Urquhart & Sullivan, London
- David Goldberg, White & Case, London - Provisional measures related to evidence
- Robin Rylander, Mannheimer Swartling, Stockholm - Rules and practice related to discovery and document production requests
- Kiran Sanghera, Hong Kong International Arbitration Centre, Hong Kong - Green protocols in international arbitration
14:50 - 15:00 | refreshment break
15:00 - 16:20 | Panel 4: Proving damages and corruption
- Chair: Mark Kantor, Independent Arbitrator, Washington, DC
- Adam Douglas, Government of Canada, Ottawa - Overview of issues related to proving damages
- Colin Johnson, HKA, London - Damages calculations affected by Covid-19
- Erica Stein, Dechert, Paris - Proving corruption in ISDS
16:20 - 16:30 | Closing remarks
Sir Franklin Berman QC, Essex Court Chambers, London
How will the online format work?
- full programme online including comfort breaks - you will also get a recording of all presentations and slides to refer back to
- plenty of time for information-rich discussion involving key policymakers, practitioners and academics
- conference materials provided in advance, including speaker biographies and the list of participants with affiliations
- speakers presenting via webcam, accompanied by slides if they wish, using the Zoom online conference platform
- opportunities for live delegate questions and comments with all speakers (both written and oral)
- networking opportunities - there will be opportunities for delegates to e-meet and interact
Pricing and Registration
Attending the event is free of charge for members of the Investment Treaty Forum as well as representatives of governments and intergovernmental organisations.
Bookings for the above participants can be made by emailing the Events team.
For others the following fees apply:
- Individual: £149
- International: £149
- Concession: £119
- Student: £119
- Individual: £249
- Concession: £199
- Student: £199
Concession fees are available to academics, those who are unwaged and NGOs.
This event is available for booking but you must be logged in before you can place a booking.Book now
This event offers the equivalent of 7 CPD hours.
If you have any queries, please contact the Events team.
Photography and Recording
Please note that our events may be photographed or recorded. These materials will be used for internal and external promotional purposes only by the British Institute of International and Comparative Law. If you object to appearing in the photographs or video, please contact The Events Team to let us know
Event Cancellation Policy
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