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3.1. Reforming Investor-State Dispute Settlement: Walk the Talk?

Thursday, 16 May
14:30 - 16:30

Hall #1, General Staff Building (6-8, Dvortsovaya sq.)

The reform of Investor-State Dispute Settlement System is now in full swing: from debating the mere necessity of the reform, the discussion has currently proceeded to identifying the main concerns that require changes to the system, as well as to elaborating the particular proposals for amendments. UNCITRAL has taken the lead in the process of reforming the ISDS and in 2017 formed the Working Group III with a mandate to provide multilateral recommendations on the potential ways to implement the reform of the ISDS.

The Working Group III, comprising delegations from 60 states, hundreds of practicing lawyers, researchers and NGOs, has identified the main concerns surrounding investment arbitration today, that prompt further changes. Among the identified concerns are the following:

  • lack of consistency, coherence and predictability of decisions, including divergent interpretations of similar issues in investment disputes;
  • lack of mechanisms to address incorrectness of decisions;
  • appointment of arbitral tribunals in investment disputes and its possible impact on the independence and impartiality of arbitrators;
  • increased durations of arbitral proceedings and related costs;
  • multiple parallel proceedings in investment disputes;
  • lack of early or expeditious dismissal mechanism;
  • third party funding in investment disputes.

This session will examine the identified concerns regarding the current state of ISDS, as well as consider potential ways to address them efficiently.

The session will gather the leading Russian and international investment arbitration practitioners and arbitrators.

Moderator

Mikhail Galperin

Representative of the Russian Federation in the European Court of Human Rights - Deputy Minister of Justice of the Russian Federation

Speakers

Colin Brown

Deputy Head of Unit, Dispute Settlement and Legal Aspects of Trade Policy, Directorate General for Trade, European Commission

Egor Chilikov

Partner, Petrol Chilikov

Anna Joubin-Bret

The Secretary, United Nations Commission on International Trade Law (UNCITRAL)

Biography

Mrs. Anna Joubin-Bret is the Secretary of the United Nations Commission on International Trade Law and Director of the Division on International Trade Law in the Office of Legal Affairs of the United Nations. She has been appointed on 24 November 2017.

Prior to her appointment, Mrs. Joubin-Bret was Attorney-at-law and practiced in Paris. She specialized in International Investment Law and Investment Dispute Resolution. She focused on serving as counsel, arbitrator, mediator and conciliator in international investment disputes. She served as arbitrator in several ICSID, UNCITRAL and ICC disputes. Prior to 2011 and for 15 years, Anna was the Senior Legal Adviser for the United Nations Conference on Trade and Development (UNCTAD). In this capacity, she managed the research and advisory work on international investment law issues as well as the technical assistance program on international investment agreements (IIAs). During her tenure, Anna assisted countries and governments in the formulation of investment policies and frameworks and the management of investor-State disputes. Anna has edited and authored seminal research and publications on international investment law, notably the Sequels to UNCTAD IIA Series. She co-edited with Jean Kalicki a book on Reform of Investor-State Dispute Settlement in 2015. She lectures on international investment law in various universities and institutes all over the world. She holds a post-graduate degree (DEA) in Private International Law from the University of Paris I, Panthéon-Sorbonne, a Masters Degree in International Economic Law from University Paris I and in Political Science from Institut d'Etudes Politiques. She has been Legal Counsel in the legal department of the Schneider Group, General Counsel of the KIS Group and Director-Export of Pomagalski S.A. She has been appointed judge at the Commercial Court in Grenoble (France) and was elected Regional Counsellor of the Rhône-Alpes Region in 1998.

Andrea Pinna

Partner, Foley Hoag

Michele Potesta

Counsel, Levy Kaufmann-Kohler

Samantha Rowe

Partner, Debevoise & Plimpton

Maxi Scherer

Professor of the Queen Mary University of London, General Editor, of the Journal of International Arbitration

Igor Tushinsky

Deputy Minister of Justice of Belarus


* The Programme may be subject to change