Conversation on the Supreme Court's Arbitration Legacy

Prof. George A. Bermann (Columbia Law School) shall discuss the United States' Supreme Court arbitration legacy with Justice Stephen G. Breyer. Specific attention shall be given to Justice Breyer's written opinions and whether the Supreme Court is pro-arbitration.

Conversation on Innovating ISDS Proceedings

Prof. Kabir Duggal (Columbia Law School, Senior Arbitration Advisor, Arnold & Porter) shall discuss recent revisions of rules applicable to investor-State disputes with Meg Kinnear (Secretary-General, ICSID) and Anna Joubin-Bret (Secretary, UNCITRAL). Specific attention shall be given to the challenges that arose during the rule revision processes and the increased co-operation between ICSID and UNCITRAL. For example, the speakers are working closely together on the Draft Code of Conduct for Adjudicators in International Investment Disputes.

Panel 1: Domestic Judges on International Arbitration

This panel features current and former judges that will discuss the role of the judiciary at key phases of an international arbitration proceeding. The panelists will reflect on their experiences as a judge and discuss developments in their jurisdictions. Topics that are likely to be covered include antisuit injunctions, enforcement of arbitration agreements/awards, and preliminary measures, among others. The panel will be moderated by Prof. Alejandro Garro (Columbia Law School) and features:

Prof. Dr.iur. Georg Kodek (Austrian Supreme Court)
Hon. Lee H. Rosenthal (Southern District of Texas)
Hon. Shira A. Scheindlin (Southern District of New York, ret'd)
Hon. Bridget Mary McCormack (Michigan Supreme Court, ret'd)

Panel 2: Navigating Belt-and-Road Disputes

This panel features law firm partners and arbitrators that will discuss the role of the Belt-and-Road Initiative (BRI) in their practice. The ICC has created the Belt and Road Commission to focus on disputes arising out of the BRI. New arbitration centers, such as the China-Africa Joint Arbitration Centres (CAJAC) have been established. Additionally, China has positioned two different International Commercial Courts as one-stop shops for BRI disputes. The panelists will discuss how different jurisdictions and arbitration institutions deal with BRI disputes. Specific attention will be given to whether the newly-established specialized centers and rules are preferable to the more traditional venues such as SIAC and HKIAC. The panel will be moderated by Prof. Robert Smit (Columbia Law School) and features:

Jingzhou Tao (Arbitration Chambers)
Lianjun Li (Partner, Reed Smith Hong Kong)
Diana Tsutieva (Partner, Foley Hoag)
Yasmine Lahlou (Partner, Chaffetz Lindsey)
Simon Navarro (Partner, Sidley Austin)

To get up to speed on the Belt-and-Road Initiative, Lianjun Li has kindly shared this presentation.

Panel 3: Arbitrating ESG Disputes

This panel features law firm partners discussing the role of ESG in their practice. Special attention shall be given to new ESG regulations (and the potential reversal of them in the United States). Panelists will discuss how ESG can serve as both a sword and a shield in arbitration proceedings. Further, panelists will discuss how States can successfully adopt ESG regulations without exposing themselves to ISDS proceedings on the one hand, and how investors can protect themselves from ESG-related political and regulatory risk on the other. The panel will be moderated by Rahim Moloo (Partner, Gibson Dunn) and features:

Mélida Hodgson (Partner, Arnold & Porter)
Guled Yusuf (Partner, Allen & Overy London)
Amal Bouchenaki (Partner, Herbert Smith Freehills)
Ank Santens (Partner, White & Case)