Originally from Investment Treaty Arbitration and International Law - Volume 10

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PANEL 5: TENTH ANNUAL INVESTMENT TREATY ARBITRATION SPECIAL SESSION

PROFESSOR SOURGENS: It is now time for the final session, which I think promises to be probably the prize fight of a decade.  We will have the two founders of our wonderful Juris Conference go head to head with each other to debate the question of whether or not international investment arbitration is a revolutionary development or a doomed experiment.

I will briefly introduce our Panel.  We have Ian Laird to my immediate left.  He is a partner and co chair of the International Dispute Resolution Group at Crowell & Moring here in D.C.  

Next to him sits Dr. Todd Weiler, who is a savant extraordinaire and plenipotentiary, as well as an independent arbitrator and counsel in investor-state arbitrations.  

Next to Todd, we have Charles Rosenberg, who is an associate at White & Case in their International Dispute Resolution Group and an adjunct professor at the American University Washington College of Law.

Next to him, we have Ashley Riveira, who is a counsel at Crowell & Moring, in their International Dispute Resolution Group.
Next to Ashley, we have Kabir Duggal, who is senior associate at Baker & McKenzie’s New York office and lecturer in law at Columbia Law School.

And next to Kabir, we have Josh Kallmer, who is Senior VP for  and I wrote this down  Global Policy at ITI, and previously at Crowell & Moring; and, relevantly, for current proceedings, a former Deputy Assistant U.S. Trade Representative responsible for U.S. investment policy.

So, without further ado, we’re off.

DR. WEILER:  Is ISDS a doomed experiment?
I certainly hope not, because it’s provided me with a good living for 18 years now, but there are those who hold such gloomy views. They fall into two groups, located at opposing ends of the politico-economic spectrum. For simplicity’s sake, let’s call them Statists and Classical Liberals. For the former, ISDS doom would be a cause for celebration; and for the latter, lamentation. Lacking thespian sensibilities, I will plump for the latter.