Arbitration / Mediation / Litigation

Investment Treaty Arbitration and International Law (Volume 6)

Edited by Ian A. Laird · Borzu Sabahi · Frederic Gilles Sourgens · Todd J. Weiler
Juris Publishing October 2013

Specifications

ISBN-13
9781937518288
Publisher
Juris Publishing
Publication
October 2013
Format
Paperback , 362 pages
Jurisdiction
International ? Countri(es) for reference only

Details

NAFTA, CAFTA and Beyond? Investment Protection in the Americas.

This publication contains the papers and proceedings of the sixth annual Juris conference on international investment arbitration which was dedicated to the question of investment protection in the Americas. The investment regime is currently undergoing a debate between those who perceive the regime to be broken and those who perceive it to work fine. This debate is best represented by the current trends in the Americas and this makes the theme of the conference both timely and important.

Inspired by CAFTA, the authors engaged the ongoing debate of whether there is a need for mechanisms for early disposition of investor-state disputes. The argument on whether a special investment court for the Americas was necessary was also undertaken. It revisited whether recent NAFTA and ICSID arbitral decisions have created a clear divide between trade, commercial and investment disputes. Finally the Panelists debated whether the authoritative interpretation of treatment standards in the context of NAFTA could be a tool to be emulated more broadly in investment protection agreements.

The four questions that the Conference addressed include:

Procedural Devices for Early Resolution – Success or Failure? 
Should there be an Americas Investment Court?
Has Authoritative Interpretation Perverted the Treatment Standard in NAFTA?
Investment, Trade, Health & Environment. Is NAFTA/ CAFTA More Than A Trade Agreement?

The discussion and debate that followed is provided in this book and sure to be of tremendous value to the international business lawyer, litigation specialist or trade and investment law policy expert.

Table of Contents

Introduction

Free Trade à l'Americaine -- NAFTA, DR-CAFTA and Beyond
Frédéric G. Sourgens

Profiles

Chapter 1
Enhancing the Dispute Settlement System or Much Ado About Nothing
Hugo Perezcano Díaz

Part I
Procedural Devices for Early Resolution: Success or Failure?

Chapter 2

Preliminary Objections Under CAFTA-DR: The Placebo Effect
Heather L. Bray

Chapter 3

The Benefits of Early Case Resolution in Investor-State Arbitration
Devin Bray

Chapter 4

Procedural Devices for Early Resolution: Success or Failure?
Marco Schnabl
John Crook
Natali Sequeira
Alex de Gramont
Claudia Frutos-Peterson
Mark Clodfelter

Panel Discussion

Part II
Should There Be an Americas Investment Court?

Chapter 5

Rethinking International Investment Disputes: A Proposal for An Investment Court and Tenured Judges
Ashley R. Riveira

Chapter 6

Enemy of the Good: The Case Against Abolishing Party Appointments in Investment Arbitration
Hugh Carlson

Chapter 7

Should There Be An Americas Investment Court?
Alexander Bělohlávek
David Gantz
Marinn Carlson
Charles N. Brower
Mark H. O'Donoghue

Panel Discussion

Part III
Has Authoritative Interpretation Perverted the Treatment Standard in Nafta?

Chapter 8

More Than Ten Years Later, The Note of Interpretation Has Proven Its Efficiency
Philippe Charest-Beaudry

Chapter 9

FTC Interpretation on the Standard of Treatment: A Perspective from Applicable Sources of International Law and Substantive Rights of Investors 
José Antonio Rivas

Chapter 10

Has Authoritative Interpretation Perverted The Treatment Standard in NAFTA?
Joseph Profaizer
Andrea Bjorklund
Christopher Ryan
Stephen M. Schwebel
Don Wallace
, Jr.

Panel Discussion

Part IV
Investment, Trade, Health and Environment.
Is NAFTA/CAFTA More Than a Trade Agreement

Chapter 11

Should Investment Treaties Be Revised To Better Protect States’ Public Interest Regulatory Activities?
Justin M. Jacinto

Chapter 12

Investment Protection and Public Regulation: The Critical Balancing Act of Investment Treaty Arbitration
Matthew Hodgson

Chapter 13

Investment, Trade, Health and Environment. Is NAFTA/CAFTA More Than A Trade Agreement?
Matthew Slater
Andrea Menaker
Anthea Roberts
Mark Kantor
Andrew D. Mitchell

PANEL DISCUSSION

About the Author

Editors

Ian A. Laird is a Partner in the Washington, D.C. office of Crowell & Moring. His practice is focused in the field of international investment law and arbitration. He is the co-founder and Editor-in-Chief of Investmentclaims.com. He is a Lecturer-in-law at Columbia University Law School and Co-Director of the International Investment Law Center at the International Law Institute (ILI) in Washington, D.C.

Borzu Sabahi is an Associate in the International Arbitration group of Curtis, Mallet-Prevost, Colt & Mosle’s Washington, D.C. office. Dr. Sabahi’s experience includes serving as counsel and expert in cases brought under a number of bilateral investment treaties, NAFTA Chapter 11, and DR-CAFTA Chapter 10 and under the rules of UNCITRAL, ICC, ICDR and the LCIA. He is an adjunct professor of law at Georgetown University Law Center where he co-teaches a seminar on investor-state dispute resolution.

Frédéric G. Sourgens practices international arbitration in Milbank, Tweed, Hadley & McCloy’s Washington, D.C. office. He has worked as counsel in ICSID, UNCITRAL, ICC and LCIA arbitrations where he represents both states and investors in international investment disputes. He is an adjunct professor of law at Georgetown University Law Center and publishes regularly on questions of public international law, international investment law and international arbitration.
Todd J. Weiler is an independent counsel, arbitrator and expert consultant on investment treaty arbitration. Highly regarded for his engaging and creative style, Dr. Weiler is widely recognized as a leading expert on the NAFTA and CAFTA, the history of international investment law, and on investor-state dispute settlement generally.

Associate Editor

Kabir Duggal is an associate in the International Arbitration group of Curtis, Mallet-Prevost, Colt and Mosle’s New York office. He has been involved in some of the largest investor-state arbitrations. He is a graduate of the University of Mumbai, University of Oxford (Faculty of Law), and NYU School of Law. He is also an Assistant Adjunct lecturer at the Columbia University Law School assisting Professor Ian Laird.

Authors

Devin Bray, Clerkship and Legal Research Associate, Juris Publishing
Heather Bray, Clerkship and Legal Research Associate, Juris Publishing
Hugh Carlson, Associate at Milbank, Tweed, Hadley & McCloy’s Washington, D.C. 
Philippe Charest-Beaudry, Attorney, Fasken Martineau in Montreal
Matthew Hodgson, Associate at Allen & Overy, Prague 
Justin M. Jacinto, Curtis, Mallet-Prevost, Colt & Mosle, International Arbitration Group
Jose Antonio Rivas, Foreign Attorney, Arnold and Porter, Washington, D.C. 
Ashley R. Riveira, Associate, Crowell & Moring, International Dispute Resolution Group

Faculty

Andrea Bjorklund, Professor, University of California (Davis) School of Law 
Charles N. Brower, Arbitrator and member of 20 Essex Street Chambers
Marinn Carlson, Partner, Sidley Austin’s Washington, D.C. office
Mark A. Clodfelter, Partner, Foley Hoag’s Washington, D.C. office
John Crook, George Washington University Law School
Claudia Frutos-Peterson, Senior Consultant, Curtis, Mallet-Prevost, Colt & Mosle 
Alvaro Galindo, International Counsel, Dechert in Washington, D.C. 
Alex de Gramont, Litigation Partner, Weil, Gotshal & Manges, Washington, D.C.
David Gantz, Professor of Law, University of Arizona, Rogers College of Law
Mark Kantor, Independent Arbitrator & Mediator, Adjunct Professor, Georgetown University Law Center
Andrea J. Menaker, Partner, White & Case Washington, D.C. 
Andrew D. Mitchell, Professor, Melbourne Law School, The University of Melbourne
Mark H. O’Donoghue, Partner, Curtis, Mallet-Prevost, Colt & Mosle, New York 
Anthea Roberts, Lecturer, London School of Economics
Christopher M. Ryan, Partner, International Arbitration Group, Shearman & Sterling
Stephen M. Schwebel, Former Judge and President of the International Court of Justice
Natalí Sequeira, Counsel, International Centre for Settlement of Investment Disputes (ICSID)
Don Wallace, Jr., Chairman, International Law Institute; Professor of Law, Georgetown University Law Center

Moderators

Alexander Bělohlávek, Founder and Senior Partner of The Bělohlávek Law Offices in Prague 
Joseph Profaizer, Partner, Paul Hastings’ Washington, D.C. 
Marco E. Schnabl, Partner, Skadden, Arps, Slate, Meagher & Flom LLP, New York City
Matthew D. Slater, Partner, Cleary Gottlieb Steen & Hamilton, Washington, D.C.

Speakers

Hugo Perezcano Attorney and Professor of Law 

Reviews

Praise for the Investment Treaty Arbitration and International Law - Series:

"This volume is not for the beginner, nor was it meant to be. It does not provide answers to the many open and difficult questions in the area of investment treaty arbitration, for the simple reason that there are none. The publication is invaluable, however, for anyone who wishes to follow and understand the developments and the debates in this field. We look forward to the Third Annual Investment Treaty Arbitration Conference and the book that will come in its wake."
- Kaj Hóber, Partner, Mannheimer Swartling, Stockholm; Professor of International Law, Centre for Energy, Petroleum and Mineral Law and Policy (CEPMLP), University of Dundee.

 

"This is not a book for the novitiate, nor is it a ready guide-book to investment treaty arbitration; this is a thought-provoking and substantial presentation of ideas in five particular topics and rightly deserves its place in the library of all who practice in this area. It is not a book for one to settle down and digest in one easy bite -- this book requires and commands time to properly consider. It is all the better for that attribute. Further volumes are awaited with much anticipation."
- Klaus Reichert, Brick Court Chambers is a Barrister and Chartered Arbitrator. He is Co-Chair of the IBA Litigation Committee, is a member of the LCIA European Users' Council, the ICC Commission on Arbitration, IBA delegate to the Hague Conference on Private International Law

 

"This is a very wide-ranging work that brings together several generations of legal specialists from very different cultures of law; it includes highly original, even brilliant contributions."
- Droit Et Pratique Des Investissements Internationaux - (International Investments Law And Practice)

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