Thirty Eighth ITF Public Conference: Complex Arbitration Proceedings in ISDS 

Event Details

On 14 October 2022, the Investment Treaty Forum brings together senior practitioners, representatives of States, arbitrators, academics and other experts to discuss complex arbitration proceedings in ISDS.

Disputes between investors and States become increasingly complex as they may involve parallel proceedings with partially or fully overlapping parties in domestic courts, various arbitration tribunals and other adjudicative bodies. The approaches of international tribunals to traditional public international law doctrines such as exhaustion of remedies and res judicata differ, which leads to the lack of legal certainty.

States may assert counterclaims or resist enforcement in attempt to minimise the adverse consequences of arbitral proceedings. Issues such as parallel proceedings and elective loss have become subject of attention of the UNCITRAL Working Group III, which tries to find solutions to these problems.

This one-day conference will serve as a platform to get updates, exchange views, best practices and practical know how on various procedural problems, which arise in the context of complex arbitral proceedings. 

The conference will take place in the hybrid format (in-person and online) at the British Institute of International and Comparative Law.

Join in the conversation @BIICL #ITFLaw #ISDS

Programme

9:00 - 9:30  Registration with tea/coffee

9:30 - 9:45  Welcome and opening remarks
Prof Yarik Kryvoi, Investment Treaty Forum Director, BIICL UK

9:45 - 10:15  Keynote Address
Sam Wordsworth KC, Essex Court Chambers

10:15 - 11:45  Panel 1. Exhaustion of domestic remedies, res judicata and interaction with domestic courts 
Marcin Kaldunski, Government of Poland (chair)
Raed Fathallah, Bredin Prat - interaction of international tribunals with domestic courts
Chloe Carswell, Reed Smith - exhaustion of domestic remedies in ISDS
Alexander Slade, Mishcon de Reya - res judicata and estoppel

11:45 - 12:00  Coffee/tea

12:00 - 13:30  Panel 2. Parallel and multiparty proceedings 
Louise Woods, Vinson & Elkins (chair)
Jeff Sullivan, Gibson, Dunn & Crutcher - multiparty proceedings and mass claims
Prof. Matthew Happold, University of Luxembourg - ISDS and international human rights proceedings
Aniruddha Rajput, Withers - interplay between ISDS and international trade proceedings

13:30 - 14:30  Lunch

14:30 - 16:00  Panel 3. Provisional measures, reflective loss and enforcement 
Antolín Fernández Antuña, Antuña & Partners (chair)
Naomi Briercliffe, Allen & Overy - investment arbitration and domestic criminal proceedings
David Kavanagh KC, Skadden - reflective loss in ISDS 
Iain Jones, Kroll - enforcement issues in complex arbitration proceedings

16:00 - 16:15 Concluding remarks
Audley Sheppard KC, Clifford Chance

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