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The Future of Investment Arbitration: Have We Reached a High Water Mark?

Event Details

Time: 17:30-20:30 (Registration from 17:00)

Venue: Herbert Smith Freehills, Exchange House, Primrose Street, London EC2A 2EG

Listen to the audio recording

Investment arbitration has grown exponentially over the last twenty years. However, the last few years have seen a backlash, and a number of developments that may result in a reversal of that trend including:

  • the EU's Investment Court proposals, which have been incorporated in the agreed texts for the EU-Canada Comprehensive Economic and Trade Agreement (CETA) and the EU/Vietnam FTA;
  • the European Court of Justice's Opinion of May 2017 on the EU/Singapore FTA, which may require all EU Member States to ratify any agreement by the EU providing for investment arbitration (or indeed an Investment Court), possibly impacting on the EU's plans, and on the fate of investment arbitration in future EU agreements;
  • the Commission's recommendation for a Council decision authorising the opening of negotiations for a Convention establishing a multilateral court for the settlement of investment disputes, and on the fate of investment arbitration in future EU agreements;
  • the United States' proposals to renegotiate NAFTA; and
  • termination of existing BITs by a number of States, including India and Indonesia.

The speakers at this seminar, run on 1 November 2017 jointly by the Investment Treaty Forum and Herbert Smith Freehills, will consider these and other developments and their implications for the future of investment arbitration.


Iain Maxwell, Herbert Smith Freehills, London


  • Professor Yarik Kryvoi, British Institute of International and Comparative Law, London (introduction)
  • Colin Brown, Deputy Head of Unit, Dispute Settlement and Legal Aspects of Trade Policy, Directorate General for Trade, European Commission, Brussels
  • Prof Loukas Mistelis, Director of the School of International Arbitration, Queen Mary, University of London
  • Christian Leathley, Herbert Smith Freehills, New York

Download the programme

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CPD Information

This event offers the equivalent of 3 CPD hours.


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