Transnational Arbitration

Reforming Arbitration Reform: Emerging Voices, New Strategies, Evolving Values

20th ITA-ASIL Conference

Washington, D.C.

Past Event

MCLE Credit available

Washington Hilton
1919 Connecticut Ave NW
Washington, DC 20009

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Registrar: +1.972.244.3403
ITA: +1.972.244.3414
Fax: +1.972.244.3401
E-Mail: ita@cailaw.org

Overview

The ½-day ITA-ASIL Conference is presented annually by the ITA Academic Council with the American Society for International Law (ASIL) immediately preceding the ASIL Annual Meeting. Scholarship is a hallmark of this conference.

New voices are reshaping international arbitration practice by adopting innovative reform strategies and upholding evolving values. International, supranational and domestic actors are each playing significant roles as rule-makers, with varying degrees of transparency. Driving forces are sustainability, inclusiveness and regionalism. Sustainability and inclusiveness – including the rebalancing of a range of social and environmental interests will affect international arbitration practice on many levels; one key challenge will be determining how to apply emerging standards in concrete ways and in particular disputes. On regionalism, rulemaking affecting international arbitration practice today, in significant part, is regional rulemaking by international and supranational actors. New voices relying on innovative strategies to uphold evolving values will significantly impact the practice area.

Who are the law makers in the new age of arbitration?

Conference Co-Chairs

Dr. Crina Baltag
Associate Professor
Stockholm University
Stockholm

Prof. Mark Feldman
Peking University
School of Transnational Law
Shenzhen

Schedule and Faculty

8:00 am Registration and Continental Breakfast


9:00-9:10 WELCOME AND INTRODUCTION

  • Tomasz J. Sikora, Chair, ITA Advisory Board
    Senior Counsel International Disputes, Exxon Mobil Corporation, Houston
  • Gregory C. Shaffer, President, ASIL
    University of California, Irvine School of Law, Irvine

9:10-9:30 KEYNOTE ADDRESS – REFORMING THE REFORM: TAKING INTERSECTIONALITY SERIOUSLY

  • Hélène Ruiz Fabri, Director, Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law, Luxembourg

9:30-10:45 NEW VOICES AND EVOLVING VALUES IN INTERNATIONAL ARBITRATION: THE EMERGING SET OF HIGH-PROFILE AND BEHIND-THE-SCENES STAKEHOLDERS

International arbitration practice now includes an expanding set of stakeholders, featuring both high-profile and behind-the-scenes participants. New players are influencing the practice area by adopting innovative reform strategies (including energized, targeted campaigns) and upholding evolving values (including heightened environmental and social interests, as well as diversity in all its forms). Discussion of this emerging set of influential stakeholders will include diverse perspectives, with panelist experience in government and a range of private-sector organizations, including multinational corporations, low/middle-income states, third-party funders, and relevant organizations in the field of arbitration.

How ‘soft’ is soft law? Is law shaped by initiatives which are essential to the development of arbitration?

Introduction and Moderator: Crina Baltag, Professor, Stockholm University, Stockholm

Panelists:

  • Chiann Bao, Arbitration Chambers, Senior vice-chair of the IBA Arbitration Committee, Singapore
  • Alice Fremuth-Wolf, Head of Austria & CEENivalion, and previously, Secretary General of VIAC – Vienna International Arbitral Centre, Austria
  • Margie-Lys Jaime, Professor, Universidad de Panamá, and representing Panama in UNCITRAL Working Group III, Panama City
  • Carolyn Lamm, Partner, White & Case, Chair of ICCA Cross-Institutional Task Force on Gender Diversity in Arbitral Appointments and Proceedings, Washington D.C.

Roundtable and Q&A


10:45 -11:00 - Break


11:00 – 12:15 REGIONALISM AS AN EMERGING FORCE DRIVING INTERNATIONAL ARBITRATION REFORM

Scholars and practitioners will discuss the increasing importance of regionalism with respect to rulemaking that impacts international arbitration practice. Panelist expertise extends to several regions including Africa (African Union), Asia (ASEAN), Europe (EU) and South America (MERCOSUR). Particular issues to be discussed include the significance of ASEAN’s “centrality” principle, MERCOSUR’s “regionalization” of Brazil’s investment treaty practice, the role of the African Union’s Pan-African Investment Code in the development of an AfCFTA Investment Protocol, and near-term priorities for EU investment treaty practice.

How should stakeholders adjust to the emergence of regionalism as a key force driving international arbitration reform?

Introduction and Moderator: Mark Feldman, Professor, Peking University, Shenzhen

Panelists:

  • Laurence Boisson de Chazournes, Professor, University of Geneva, Geneva
  • Pasha Hsieh, Professor, Singapore Management University, Singapore
  • Makane Moïse Mbengue, Professor, University of Geneva, Geneva
  • Federico Ortino, Professor, King’s College London
  • Facundo Perez Aznar, Associate Professor, University of Buenos Aires and Senior Researcher, Geneva Center for International Dispute Settlement, Buenos Aires

Roundtable and Q&A


12:15 – 12:30 CONCLUDING REMARKS

  • Prof. Victoria Sahani, Chair, ITA Academic Council
    Associate Provost for Community & Inclusion, Boston University, and Professor of Law, Boston University School of Law, Boston

12:45-14:30 CONFERENCE NETWORKING LUNCHEON

A Conversation with

Meg Kinnear
Secretary-General
International Centre for Settlement of Investment Disputes (ICSID)
World Bank
Washington, D.C.

With

Prof. Andrea K. Bjorklund
L. Yves Fortier Chair in International Arbitration
and International Commercial Law
McGill University Faculty of Law
Montreal

This interview is the latest in a series organized by the ITA Academic Council to record the evolution of modern international arbitration in the words of those who have led it.

For information and to register for the 2023 ASIL Annual Meeting, March 29-31, 2023, also presented at the Washington Hilton Hotel, please visit: www.asil.org/annualmeeting.

CLE Credit

This program is approved by the State Bar of Texas for a total of 2.75 hours, no ethics. Course ID Number: 174192641. Credit hours for other states will vary and are subject to each state’s approval and credit rounding rules.

For this conference, ITA will directly apply (if requested) for course accreditation in the following states: California, New Mexico, Ohio, Oklahoma, Pennsylvania, Texas and West Virginia. Some of these states may not approve a program for credit hours before the program occurs. Attorneys may be eligible to receive CLE credit through reciprocity or attorney self-submission in other states. Attorneys filing by self-submission in certain states may be required to pay an additional fee. ITA conferences are typically accredited by all mandatory CLE states.

Sponsorship Opportunities

Lanyard Sponsor - $ 3,500 exclusive

  • Exposure to thousands of ITA and ASIL constituents
  • Recognition as a Sponsor on the conference websites, in the conference brochure, in e-marketing and at the conference
  • Name/logo on the conference name badge lanyard
  • Name/logo on the conference website with link to firm/company page
  • 3 complimentary registrants at the conference
  • An opportunity to display company/firm materials at the conference
  • Post-conference recognition in ITA publications

Conference Luncheon Sponsor - $ 3,000 each

Featuring an Oral History Interview of ICSID Secretary-General Meg Kinnear with Prof. Andrea Bjorklund
  • Exposure to thousands of ITA and ASIL constituents
  • Recognition as a Sponsor on the conference websites, in the conference brochure, in e-marketing and at the conference
  • Name/logo on the conference website with link to firm/company page
  • Recognition at the Luncheon
  • 2 complimentary registrants at the conference
  • Up to 3 complimentary guests at the Luncheon
  • Space for promotional materials at the conference
  • Post-conference recognition in ITA publications

Breakfast and Coffee Breaks Sponsor - $ 2,000 each

  • Exposure to thousands of ITA and ASIL constituents
  • Recognition as a Sponsor on the conference websites, in the conference brochure, in e-marketing and at the conference
  • Name/logo on the conference website with link to firm/company page
  • 1 complimentary registrant at the conference
  • Space for promotional materials at the conference
  • Post-conference recognition in ITA publications

Exhibitor - $ 1,500 each (Non-Law Firms Only)

  • Space to display company/firm materials at the conference.
  • Name/logo on Conference website with link to company page.
  • Post-conference recognition in ITA publications

Other Information

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The Center for American and International Law does not discriminate on the basis of race, color, sex, religion, national origin, age, disability, veteran status, sexual orientation, gender identity, or any other protected status in educational activities, scholarship programs or admissions.

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