Reforming International Investment Arbitration

The ISDS Academic Forum, together with PluriCourts Centre for Excellence (LEGINVEST) and Forum for Law & Social Science at the University of Oslo, will host a workshop on reforming international investment arbitration in Oslo 1-2 February 2019. 

Background

A range of international reform processes have commenced in order redress critiques of Investor-States Dispute Resolution. The most prominent is currently occurring within UNCITRAL’s Working Group III. In early 2018, the ISDS Academic Forum was established in order to make a constructive and research-based contribution to these discussions.

This workshop in Oslo will provide an opportunity for the Academic Forum’s working groups to present draft papers on six issues that have triggered criticism: (1) legal costs; (2) duration of proceedings; (3) legal consistency; (4) decisional correctness; (5) arbitral diversity; and (6) arbitral independence and impartiality. An open call for papers will be also sent out for extra contributions from Academic Forum members on these topics.

The workshop will also include a public session on the reform process; while closed sessions will be open to Forum members and a limited number of academic observers.

Program 

Friday 1 February 2019

9:00-10:45 Opening Session (Public)

Welcome: Daniel Behn, Associate Professor, Pluricourts, University of Oslo and Lecturer, University of Liverpool

Chair: Malcolm Langford, Professor of Public Law & Affiliate, Pluricourts, University of Oslo

Keynote: Gabrielle Kaufmann-Kohler, President, International Council for Commercial Arbitration and Professor Emerita, Geneva University Law School, CIDS Geneva

Comment: What's wrong with investment arbitration?
Maria Laura Marceddu, Visiting Lecturer, International Investment Law, King’s College London 

Comment: Investment Dispute Settlement à la Carte within a Multilateral Institution
Stephan Schill, Professor of International and Economic Law and Governance at the Faculty of Law of the University of Amsterdam and Geraldo Vidigal, Assistant Professor at the University of Amsterdam.
 

11:00-12:30 Session 1: Excessive costs & recoverability of cost awards

Welcome to PluriCourts: Geir Ulfstein, Co-Director, PluriCourts Centre of Excellence, University of Oslo

Chair: Stephan Schill, Professor of International and Economic Law and Governance at the Faculty of Law of the University of Amsterdam

Working group paper: Excessive costs & recoverability of cost awards
Gabriel Bottini, Professor of Public International Law, University of Buenos Aires

The Defense Burden in International Investment Treaty Arbitration? An Empirical Assessment of Costs and Capacity
Ana Maria Daza Vargas, Lecturer in International Law, University of Edinburgh

13:15-14:30 Session 2: Excessive duration of proceedings

Chair: Catherine Kessedjian, Professor emerita of the University Panthéon-Assas Paris II 

Working group paper:Excessive duration of proceedings
Holger Hestermeyer, Shell Reader in International Dispute Resolution, King’s College London

Empirical perspectives on duration of proceedings
Malcolm Langford, Professor of Public Law, University of Oslo

Co-opting Domestic Courts as Investment Courts
Szilárd Gáspár-Szilágyi, Postdoctoral Fellow, Pluricourts Centre of Excellence, University of Oslo

14:45 -16:00 Session 3: Consistency & coherence in legal interpretation

Chair: Gabrielle Kaufmann-Kohler, Professor, Geneva University, CIDS

Working group paper: Consistency & coherence in legal interpretation
Chester Brown, Professor of International Law & International Arbitration, University of Sydney
Federico Ortino, Reader in International Economic Law, King’s College London

Empirical perspectives on consistency and coherence
Sergio Puig, Associate Professor of Law, University of Arizona and Anton Strezhnev, Post-doctoral fellow, University of Pennsylvania Law School

Comment: Seeking Consistency in the Application of the Contributory Fault Doctrine in Investment Arbitration
Jean-Michel Marcoux, Postdoctoral Fellow, McGill University, Faculty of Law

16:30-17:45 Session 4: Incorrectness of the decisions

Chair: George Bermann, Professor of Law, Columbia Law School

Working group paper: Incorrectness of the decisions
Mark Feldman, Professor of Law, Peking University School of Transnational Law

Empirical perspectives on incorrectness of decisions
Wolfgang Alschner, Assistant Professor, University of Ottawa

Saturday 2 February 2019

9:00-10:15 Session 5: Lack of diversity among ISDS adjudicators

Chair: Catherine Rogers, Professor, Penn State Law

Working group paper: Lack of diversity among ISDS adjudicators
Andrea Bjorklund, L. Yves Fortier Chair in International Arbitration and International Commercial Law, McGill University 

Empirical perspectives on diversity
Taylor St John, Lecturer in International Relations, University of St Andrews

Diversity, Ideology and Compliance in International Law
Sergio Puig, Associate Professor of Law, University of Arizona and Anton Strezhnev, Post-doctoral fellow, University of Pennsylvania Law School

Comment: The persistent lack of diversity among ISDS adjudicators within the proposed Investment Court System proposed by the European Union
Juliana S. Soria, Trinity College Dublin

10:30 – 12:00 Session 6: Lack of independence, impartiality & neutrality

Chair: Michele Potestà, Senior Researcher, Geneva Center for International Dispute Settlement (CIDS)

Working group paper: Lack of independence, impartiality & neutrality
Steven Ratner, University of Michigan Law School

Empirical perspectives on independence, impartiality & neutrality
Daniel Behn, Lecturer in Law, University of Liverpool & Associate Professor, University of Oslo

A Common Ethics Code for International Arbitrators?
Chiara Giorgetti, Professor, Richmond Law School

An Appointments Panel for Investment Arbitrators: An Idea whose time has come?
James Devaney, Lecturer in Law, University of Glasgow

12:30-14:00 Conclusions and way forward

Chair: Ole Kristian Fauchald, Professor and Coordinator, LEGINVEST, Pluricourts Centre of Excellence

Building the legitimacy of international dispute resolution: Comparative Lessons
Mikael Madsen, Director, iCourts Centre of Excellence, University of Copenhagen

Designing new international institutions: Normative and Comparative lessons 
Andreas Føllesdal, Co-Director, PluriCourts Centre of Excellence
Theresa Squatrito, Lecturer in Political Science, University of Liverpool

Steven Ratner, University of Michigan Law School

Way forward
Gabrielle Kaufmann-Kohler, Professor, Geneva University, CIDS
Michele Potestà, Senior Researcher, CIDS

Tags: Investment
Published Nov. 20, 2018 11:22 AM - Last modified Apr. 16, 2019 7:23 AM