In international investment law, the term "territory" generally refers to the geographical area under the sovereign control of a state. It encompasses the land, water, and airspace within the boundaries of a particular state. The concept of territory defines the jurisdiction of states and tribunals and its authority to regulate and govern activities.
Territorial disputes between states, armed conflicts and competing governments within the same state can have implications for international investment law. The Russian invasion of Ukraine, armed conflicts in Libya, Yemen, Iraq and other jurisdictions pose complex questions for investors, States and tribunals. Disputes over the sovereignty of a particular territory may lead to uncertainties regarding the legal status of investments located within that disputed territory. Such disputes can potentially impact the protection and rights of foreign investors and may give rise to investment disputes between the investor and the host state.
This conference will bring together practitioners, government officials, academics and other stakeholders to discuss some of the most challenging legal issues related to territory in international investment law. The participants will discuss territory in international public law generally and international investment law, armed conflicts and territory in ISDS, the impact of territorial changes on protection of investors and investment protections beyond national borders.
The conference will be followed by an optional dinner to celebrate the 40th anniversary of the Investment Treaty Forum.
Join the conversation @BIICL #ITFLaw #ISDS
09.30 - 10.00 | Registration with coffee & tea
10.00 - 10.15 | Welcome and Introduction
Prof. Yarik Kryvoi is Senior Research Fellow in International Economic Law and Director of the Investment Treaty Forum (ITF) at the British Institute of International and Comparative Law (BIICL). He is also an Of Counsel at Keidan Harrison in London.
He holds law degrees from Harvard, Moscow, Nottingham, Utrecht and St Petersburg and is admitted to practice in the State of New York. Before moving to academia, he practiced international investment law with Freshfields Bruckhaus Deringer in London, Morgan Lewis & Bockius in Washington, DC and Baker & McKenzie in Saint Petersburg. He is the founding editor of the CIS Arbitration Forum and serves on editorial boards of several international legal periodicals.
Yarik is the course leader of the Institute's online course "International Investment Law and Dispute Resolution, available here.
10.15 - 10.45 | Keynote Address
Dr. Daniel Costelloe is an Associate Legal Officer at the International Court of Justice in The Hague. Prior to that, he was Counsel in the London office of a leading American law firm, where he practiced investment treaty arbitration, international commercial arbitration, international litigation and public international law for seven and a half years. In that role, he worked on proceedings under the ICSID, ICSID Additional Facility, UNCITRAL, LCIA and ICC Rules.
Daniel is the author of Legal Consequences of Peremptory Norms of International Law (Cambridge University Press, 2017) and a co-editor of the Oxford Handbook of Jurisdiction in International Law (Oxford University Press, 2019). He teaches international investment law and regularly lectures on the law of treaties and state succession. Daniel is on the editorial board of the Leiden Journal of International Law.
Daniel is admitted to practice in Washington, D.C., and in New York.
10.45 - 12.15 | Panel 1. Key concepts related to territory in international investment law
Raja Bose leads K&L Gates Straits Law's commercial disputes and international arbitration practice in Asia and has more than 20 years of experience in international dispute resolution and has worked in both London and Singapore. He is qualified both as an Advocate and Solicitor of the Supreme Court of Singapore as well as admitted as a Solicitor of England and Wales.
He is also a qualified arbitrator and is a fellow of both the Chartered Institute of Arbitrators of the UK as well as of the Singapore Institute of Arbitrators. Raja is on the panel of arbitrators of a number of arbitration institutions including the SIAC, KLRCA, ICA, and HKIAC. He is also a Board Member and Director of the UK Chartered Institute of Arbitrators – Singapore Branch.
Raja has experience conducting international arbitrations with seats in Singapore, Hong Kong, Indonesia, Vietnam, China, India, Dubai, Malaysia, London, Paris, Geneva, and New York under a variety of trade association and international arbitration centre rules including UNCITRAL, LCIA, LMAA, GAFTA, CIETAC, BANI, HKIAC, KLRCA, SIAC, ICC, AAA, VIAC, and ICSID.
Maurice Mendelson KC is a barrister (King’s Counsel) at Blackstone Chambers, London, specialising in public international law. He has been in practice at the English and international Bar since 1971; from 1968 to 2001 he also held academic posts at the Universities of Oxford and London, most recently the Chair of International Law at University College, London University, from which he took early retirement in order to concentrate on his practice.
Amongst his main specialities is the law of international investment protection. He has sat as an arbitrator; acted as counsel both for claimants and for respondent states; helped to negotiate investment protection treaties; advised governments on their investment protection legislative and treaty programmes; advised companies and individuals on aspects of the structuring of their investments; and given expert evidence to the Supreme Courts of various countries and to international arbitral tribunals. He has published widely in this field, and is Consultant Moderator (formerly Moderator-in-Chief) of OGEMID, the leading list- serve in international arbitration and mediation.
Professor Jansen Calamita is Principal Research Fellow, Centre for International Law, and Research Associate Professor (CIL), Faculty of Law, at the National University of Singapore. He is head of the Centre’s programme on Investment Law and Policy. He was previously Director of the Investment Treaty Forum at the British Institute of International and Comparative Law in London. He has previously held posts on the law faculties of the University of Oxford and the University of Birmingham.
Jansen has served in the Office of the Legal Adviser in the U.S Department of State, representing the United States in international claims and investment disputes, including before the Iran-U.S. Claims Tribunal. Previously, he served in the U.N. Office of Legal Affairs in the UNCITRAL Secretariat. He began his career in New York in the litigation/arbitration practice of what is now Arnold & Porter Kaye Scholer.
Jansen is a Consultative Expert to the United Nations Conference on Trade and Development and a member of the editorial board of the Yearbook of International Law and Policy (Oxford University Press).
Hannah Ambrose is a Partner and advocate in the international arbitration and public international law group at Herbert Smith Freehills in London. Hannah advises clients and colleagues globally on complex issues relating to arbitration, dispute resolution, enforcement of awards and judgments, and public international law.
Hannah has acted as counsel in ad hoc commercial arbitrations and proceedings under the auspices of major arbitral institutions. She has advised on a number of investment treaty arbitration matters and issues, including advising clients on investment structuring, and has acted as counsel on a number of investment treaty claims. She also has experience in advising on a range of other matters of public international law, including state immunity and immunity of international organisations.
12.15 - 13.15 | Lunch
13.15 - 14.45 | Panel 2. Armed conflict and territory in ISDS
Norah Gallagher is the Academic Director of the Energy & Climate Change Law Institute and former ‘Jean Monnet Chair in Natural Resources Law and Policy’ (2018-2019) at the Centre for Commercial Law Studies at Queen Mary University of London. She is also the Director of the School of International Arbitration. Norah is a public international lawyer specialised in international dispute resolution for over twenty years. She has advised on a range of issues on international commercial and investment cases (under all of the main institutional rules; ICC, LCIA, AAA ICDR, Stockholm and ICSID). She regularly sits as arbitrator with a particular focus on natural resource disputes.
Norah worked at Clifford Chance, Herbert Smith and was Director of the Investment Treaty Forum at the British Institute of International and Comparative Law from December 2007 before moving to Singapore in 2010. Previously, she was a Research Fellow of the Lauterpacht Research Centre for International Law, Cambridge for several years working on international claims from deep off shore projects to investment disputes under NAFTA, bilateral investment treaties and the Energy Charter Treaty.
Prof. Christoph Schreuer is an expert and thought leader in international investment law, frequently referred to as “the leading authority on investment arbitration” (Who’s Who Legal 2018).
Christoph Schreuer is working as an independent expert and arbitrator in investment cases – at the last count, in more than 50 major investment arbitrations. He is a member of the ICSID Panel of Conciliators and Arbitrators. Christoph Schreuer has an abundance of experience as arbitrator under the rules of ICSID and UNCITRAL. Also, he is the author of numerous expert opinions rendered in investment arbitrations. Also see the ICSID profile of Prof. Schreuer.
He is a graduate of the Universities of Vienna (Dr. iur. 1966), Cambridge (LL.M. 1970) and Yale (J.S.D. 1979). During his academic career he was a Professor of Law at the Universities of Salzburg, the Johns Hopkins University and the University of Vienna, as well as an Assistant Professor at the University of Graz.
Katia Finkel is a Partner in Eversheds Sutherland's International Arbitration Practice. She has significant expertise in both commercial and investment disputes, and advises clients on global dispute resolution strategy and settlement negotiation, and acts on their behalf in commercial and investment disputes under ICSID, ICC, LCIA and UNCITRAL Arbitration Rules.
Katia acts as counsel for and against governments in investor-state disputes, with a particular focus in the energy, mining and construction sector. Her practice focuses mainly on international commercial and investment arbitration. She acts on behalf of governments and private parties in energy, large construction projects and post M&A disputes, where she has extensive experience. Her practice mainly involves multijurisdictional issues and she regularly advises clients on investment structuring and restructuring.
Katia completed a nine-month secondment in Shell’s EMENA Litigation Group, working on a number of high-stake disputes. She taught international commercial and investment arbitration at King’s College London for several years. Katia writes and speaks regularly on international arbitration and issues affecting sovereigns, and recently co-authored a study on Corporate Restructuring and Investment Treaty Arbitration with BIICL.
Federico Ortino is Professor of International Economic Law at King’s College London. He joined King’s in 2007. He is a member of the ILA Committee on the Rule of Law and International Investment Law; founding Committee Member (and former co-Treasurer) of the Society of International Economic Law; consultative member of the Investment Treaty Forum; editorial board member of the Journal of International Economic Law; Journal of International Dispute Settlement, Journal of World Investment and Trade. He is a Consultant to Clifford Chance.
Prof Ortino is Member of the ILA Committee on the Rule of Law and International Investment Law; of the Society of International Economic Law; and of the Investment Treaty Forum.
Prof Ortino's research centres on international economic law focusing in particular on WTO law, international investment law and arbitration and EU internal market law. In previous writing, he has addressed principles such as non-discrimination, reasonableness, and proportionality employed in various legal systems as instruments for international economic governance. He has recently focused on the regulation of trade in services within the WTO and in regional trade agreements; the origin and evolution of international treaty standards, and the protection of labour rights in free trade agreements, such as the EU-UK TCA.
14.45 - 15.00 | Coffee & tea
15.00 - 16.30 | Panel 3. Territorial changes and territories beyond national jurisdictions
Penny Madden KC is an English qualified King’s counsel and serves as co-partner in charge of the London office at Gibson, Dunn & Crutcher. She is co-chair of the International Arbitration Practice Group and a member of the firm’s Transnational Litigation Practice Group.
She has a wide range of experience in all key aspects of international arbitration with particular expertise in shareholder, telecommunications, SPA, energy, international trade and insurance disputes. She represents clients across the globe in a wide variety of arbitration proceedings, including those before the London Court of International Arbitration (LCIA), International Chamber of Commerce (ICC), United Nations Commission on International Trade Law (UNCITRAL), International Centre for Settlement of Investment Disputes (ICSID), Permanent Court of Arbitration in The Hague (PCA) Singapore International Arbitration Centre (SIAC), Hong Kong International Arbitration Centre (HKIAC) and London Maritime Arbitrators Association (LMAA), as well as in ad hoc proceedings. In addition to representing clients as counsel, Penny regularly sits as an arbitrator.
Prof. Patrick Dumberry (Graduate Institute of International Studies, Geneva, Switzerland) is Full Professor at the University of Ottawa (Faculty of Law, Civil Law Section). He practiced in international law and international arbitration for several years with law firms in Geneva (Lalive), Montreal (Ogilvy Renault, now Norton Rose Fulbright) and with Canada’s Ministry of Foreign Affairs (Trade Law Bureau).
He is the author of more than 80 publications in the fields of international investment law and international law. He has also published 8 books with Cambridge UP, Oxford UP, Elgar Publ., Brill, Martinus Nijhoff and Wolters Kluwer.
Angela Ha is an Australian-qualified solicitor. She holds a BA (majoring in European Studies) and an LLB (Hons I) from the University of Sydney and a BCL (Dist) from the University of Oxford, focusing on public international law.
Angela advises governments and private clients on a wide range of contentious and non-contentious public international law and international dispute resolution issues. Highlights of her practice include successfully defending a Southeast Asian State in an ICSID arbitration brought by a US power plant developer and acting for a Latin American State in a major maritime boundary dispute before the International Court of Justice.
Before joining Volterra Fietta, Angela was an Associate to the Honourable Justice Mortimer at the Federal Court of Australia. Angela’s prior experience also includes working as a litigation lawyer at a major Australian law firm, where her practice included representing major commercial clients in a variety of litigation disputes and regulatory investigations, as well as working in the international arbitration group of a global law firm in Paris, acting for sovereign and commercial clients in investment arbitrations and interstate disputes.
Andrew Flower is a forensic accountant at HKA in London with 30 years of experience in dispute work. He has been appointed as an expert on hundreds of occasions. Andrew has testified in litigation and in international arbitrations (both commercial and investor state) around the world. He has provided written and oral evidence on matters under the auspices of many of the arbitral institutions including the ICC, ICDR, ICSID, DIAC, NAI, DIS, OIC, and under UNCITRAL rules.
Andrew trained as a chartered accountant in London and worked on the ICEP Swiss bank investigation. He also worked as one of the senior accounting advisors to Kuwait following the First Gulf War and leading the team supporting the partner on the “Heathrow Airport landing charges” arbitration. He moved to Paris and worked his way up to be global head of disputes at Deloitte in Paris, London and New York.
Andrew’s expertise covers a range of industries and sectors including, telecoms, pharma, construction, aviation and transport and distribution disputes. He also has extensive experience of post-merger and acquisition disputes both a party expert and as determinator.
16.30 - 16.45 | Concluding Remarks
Prof.Tomoko Ishikawa is Professor at Nagoya University in Japan. She has served as an ICSID Conciliator, appointed by the Chairman of the Administrative Council (2017-2023), a member of the Legal Advisory Committee of the Energy Charter Treaty, an arbitrator at Shenzhen Court of International Arbitration, and a mediator at the Kyoto International Mediation Centre. Her professional experiences include serving as an Associate Judge at Tokyo District Court and holding the position of Deputy Director at the International Legal Affairs Bureau of the Ministry of Foreign Affairs of Japan, where she worked on bilateral/trilateral investment treaties, Free Trade Agreements, and WTO dispute settlement.
Her most recent publication includes Tomoko Ishikawa, Corporate Environmental Responsibility in Investor-State Dispute Settlement: The Unexhausted Potential of Current Mechanisms (Cambridge University Press, 2022) and Tomoko Ishikawa and Yarik Kryvoi (eds.), Public and Private Governance of Cybersecurity: Challenges and Potential (Cambridge University Press, 2023).
16.45 - 17.45 | Drinks Reception
18.00 - 20.00 | Optional Dinner (by invitation only)
This programme is subject to change.
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