Year in Review: Key Decisions and Developments in Investor-State Arbitration

Date: January 22, 2015 6:30pm
Location: Chadbourne & Parke, 1301 Avenue of the Americas, New York, NY

The Columbia Center on Sustainable Investment (CCSI) and Chadbourne & Parke LLP hosted a “Year-in-Review” focusing on 2014’s key developments in investor-state arbitration. The event brought together academics, government representatives, and practitioners in order to present and discuss outcomes, trends, and outliers in disputes involving governments and claimants from around the world, and explore implications for pending and future cases.

Panelists included:

Christina Hioureas, Chadbourne & Parke – International Arbitration and Public International Law; Co-Chair, American Society of International Law Dispute Resolution group (Introduction)

Angel Horna, Legal Adviser, Permanent Mission of the Government of Peru to the United Nations

Sean Murphy, Patricia Roberts Harris Research Professor of Law, George Washington University, and Member, United Nations International Law Commission

Natalie Morris Sharma, Legal Adviser, Permanent Mission of the Republic of Singapore to the United Nations

Rachel Thorn, Chadbourne & Parke – International Arbitration and Public International Law

CLE Readings:

Cases:

Flughafen Zürich A.G. and IDC S.A. y Gestión e Ingeniería IDC S.A. v. Venezuela, ICSID Case No. ARB/10/19, Award, Nov. 18, 2014 (unofficial translation of excerpts).

Gold Reserve Inc. v. Venezuela, ICSID Case No. ARB(AF)/09/1, Award, Sept. 22, 2014.

Mobil et al. v. Venezuela, ICSID Case No. ARB/07/27, Award, Oct. 9, 2014.

Reports:

International Law Commission, Report of the Work on Its Sixty-sixth Session (5 May to 6 June and 7 July to 8 August 2014), The Most-Favoured Nation Clause (Ch. XIII).

Rules:

United Nations Commission on International Trade Law (UNCITRAL), UNCITRAL Rules on Transparency in Treaty-Based Investor-State Arbitration (entry into effect April 1, 2014).

Other:

Jarrod Hepburn, Jurisdiction: Arbitrators Say Tax Exemption Not Self-Judging, and Referral by Yukos to Local Authorities Would be Futile; Legality Duty on Investors Proves Toothless Due to Identity Change, Investment Arbitration Reporter, July 31, 2014.

Jarrod Hepburn, Liability: In Yukos Arbitration, Tribunal Dwells on Disproportionate Nature of Measures, and Sees No Need to Look at FET Claim, Investment Arbitration Reporter, July 31, 2014.

Jarrod Hepburn, Damages: In Yukos Arbitration, ECT Tribunal Rejected DCF Valuation, and Opts for “Comparable Companies” Method, Investment Arbitration Reporter, July 31, 2014.

Lise Johnson, New Weaknesses: Despite a Major Win, Arbitration Decisions in 2014 Increase the US’s Exposure to Litigation and Liability (CCSI 2015).

Lise Johnson, The Mauritius Convention on Transparency: Comments on the Treaty and Its Role in Increasing Transparency of Investor-State Arbitration (CCSI 2014).

Co-sponsored by: