TABLE OF CONTENTS

PDF of Title Page and T.O.C.

Introduction - The Washington Discourse
Kabir Duggal and Frédéric Sourgens    

PART I - IS THE ARBITRATION MODEL FOR INVESTMENT DISPUTE RESOLUTION DYING?

CHAPTER 1 - The TTIP Investment Court System: An Evolution of Investor-State Dispute Settlement
Joanna G. Coyne    

CHAPTER 2 - The Misdiagnosed Investment Court: The Wrong Remedy for the Right Problem
Joshua B. Simmons    

CHAPTER 3 - Is the Arbitration Model for Investment Dispute Resolution Dying? (Panel Discussion)
Joseph Profaizer
Don Wallace
Katia Yannaca-Small
Hugh Carlson 
José Antonio Rivas

PART II - 10 YEARS OF ABUSIVE ROUND PEGS IN SQUARE HOLES OR A SYSTEM ALREADY MOVING IN THE RIGHT DIRECTION?

CHAPTER 4 - The Pitfalls of States Hedging Salini
Mark McCrone    

CHAPTER 5 - Problems of “Investment” and “Investor” Notions in Investor-State Dispute Settlement: Reflections and Outlook 
Marat S. Umerov    

CHAPTER 6 - 10 Years of Abusive Round Pegs in Square Holes or a System Already Moving in the Right Direction? (Panel Discussion)
Michael Nolan
Edward “Teddy” Baldwin
Eloïse Obadia
Janet Whittaker
Borzu Sabahi

PART III - FAIR AND EQUITABLE TREATMENT – AN EVOLUTIONARY INTERNATIONAL STANDARD OR ARTIFICIAL LEGAL FICTION?

CHAPTER 7 - Fair and Equitable Treatment – An Evolutionary International Standard or Artificial Legal Fiction? Where Did it Come From and Does FET Have a Future?
Alexander Slade    

CHAPTER 8 - Fair and Equitable Treatment – Bedrock Protection for the Rule of International Law or Frankenstein Chimera and Unpredictable Threat to National Sovereignty?
Nicole Y. Silver   

CHAPTER 9 - Fair and Equitable Treatment – An Evolutionary International Standard or Artificial Legal Fiction? (Panel Discussion)
Laurence Shore
Jack Coe Jr.
Meriam Al-Rashid
Ben Love
Silvia Marchili

CHAPTER 10 - Keynote Address Transcript
Mark Kantor    

PART IV - DAMAGES IN INVESTMENT ARBITRATION – A REVOLUTIONARY REMEDY OR REWARD FOR RICH CORPORATIONS AT THE EXPENSE OF THE WORLD’S POOR?‎  A FUNDAMENTAL EXAMINATION OF CHORZOW’S CHILDREN

CHAPTER 11 - Developments over the Past 10 Years in the Calculation of Damages Favor Investors, Often at the Expense of Developing Nations
John D. Branson    

CHAPTER 12 - Valuation Date in Investment Arbitration: A Fundamental Examination of Chorzów’s Principles
Floriane Lavaud and Guilherme Recena Costa   

CHAPTER 13 - Damages in Investment Arbitration – A Revolutionary Remedy or Reward for Rich Corporations at the Expense of the World’s Poor?‎  A Fundamental Examination of Chorzow’s Children (Panel Discussion)
Timothy Nelson
Marinn Carlson
José Alberro
James Searby
Ben Sacks
Benard V. Preziosi Jr.

PART V - TENTH ANNUAL INVESTMENT TREATY ARBITRATION SPECIAL SESSION

CHAPTER 14 - International Investment Arbitration – Revolutionary Development or Doomed Experiment? (Panel Discussion)
Todd Weiler
Ian Laird
Frédéric Sourgens 
Charles (Chip) Rosenberg
Kabir Duggal
Ashley Riveira
Josh Kallmer

TABLE OF CASES    

INDEX    

Editors:

Ian A. Laird is Co-Chair of Crowell & Moring’s International Dispute Resolution Group and an adjunct professor at Columbia University’s School of Law and Georgetown University Law Center.  He represents a range of clients in international arbitration proceedings involving disputes between corporation and foreign sovereign governments.  Mr. Laird is recognized as a leading practitioner in the arbitration field by the International Who’s Who of Commercial Arbitration Lawyers in 2015.  He is best known for being lead  counsel for Khan Resources Inc., which recently secured a US$100 million international arbitration award against the Government of Mongolia (in March 2105).  As a former chief of staff to a Canadian cabinet minister and a senior political aide to the Ontario Minister of Energy, he has run political campaigns and understands the intimate working of government and politics, as well as their impact on industry.

Borzu Sabahi is a Partner at Curtis, Mallet-Prevost, Colt & Mosle and is located in their Washington, D.C. office. Dr. Sabahi focuses his practice on representing governments and state-owned entities in investment treaty arbitration, international commercial arbitration and public international law matters. His industry experience includes working on energy-related disputes (in oil & gas as well as power projects), as well as disputes pertaining to mining, construction, gambling, satellite television, royalty agreements, tax , and allocation of water under international treaties. Dr. Sabahi is the co-director of the International Investment Law Center at the International Law Institute where he designs and oversees training programs principally for Government officials from developing countries as well as professionals from the private sector on international investment treaties and investor State arbitration.

Frédéric G. Sourgens is an Associate Professor of Law at Washburn University Law School. His teaching and scholarship focuses on international dispute resolution, with a particular emphasis on resolution of disputes involving political risk. He has published numerous articles on international arbitration and serves as editor for the Oxford University Press reporter of investor-state arbitral decisions. Prior to joining Washburn Law, Professor Sourgens practiced international arbitration in the Washington, D.C. office of Milbank, Tweed, Hadley & McCloy. He worked as counsel in ICSID, UNCITRAL, ICC and LCIA arbitrations. While in Washington, D.C., he was an Adjunct Professor of Law at Georgetown University Law Center.

Todd J. Weiler is an investment treaty counsel and arbitrator and noted expert on NAFTA Chapter 11. Mr. Weiler has served as arbitrator, consulting expert and co-counsel in disputes and arbitrations involving investors, host states and interested third parties. He is the Co-Founder of Investmentclaims.com and the publisher of NAFTAClaims.com.

Associate Editor:

Kabir Duggal is a Senior Associate in Baker & McKenzie’s International Arbitration Practice Group in New York. His practice is focused on international investment arbitration, international commercial arbitration and public international law matters. Mr. Duggal’s experience includes disputes under numerous bilateral and multilateral investment treaties in South Asia, Latin America, Central Asia, Middle East, Europe and Africa. He is a Lecturer-in-Law at the Columbia Law School, teaching “International Investment Arbitration,” and also gives lectures at the Georgetown University Law School and Fordham Law School. 

Authors:

John Branson, Attorney, Womble Carlyle Sandridge & Rice LLP

Joanna Coyne, Associate, Crowell & Moring LLP

Floriane Lavaud, Associate, Debevoise & Plimpton LLP

Mark McCrone, Senior Associate, Baker & McKenzie LLP

Guilherme Recena Costa, Associate, Debevoise & Plimpton LLP

Nicole Silver, Of Counsel, Winston & Strawn LLP

Josh Simmons, Senior Associate, Three Crowns LLP 

Alex Slade, Senior Associate, Vinson & Elkins LLP

Marat Umerov, Attorney, Curtis, Mallet-Prevost, Colt & Mosle LLP

Faculty:

Meriam Al-Rashid, Member, Dentons LLP

José Alberro, Co-head, Cornerstone Research

Edward G. “Teddy” Baldwin, Partner, Baker & McKenzie LLP

Hugh Carlson, Attorney, Three Crowns LLP

Marinn Carlson, Partner, Sidley Austin LLP

Jack J. Coe, Jr., Professor and Faculty Director, Pepperdine School of Law 

Josh Kallmer, Senior Vice President, Information Technology Industry Council (ITI)

Ben Love, Senior Associate, Freshfields Bruckhaus Deringer

Silvia Marchili, Partner, King & Spalding

Eloïse Obadia, Partner, Derains & Gharavi 

Benard V. Preziosi Jr., Partner, Curtis, Mallet-Prevost, Colt & Mosle LLP

José Antonio Rivas, Attorney, Arnold & Porter LLP

Ashley Riveira, Counsel, Crowell & Moring LLP

Charles “Chip” Rosenberg, Attorney, White & Case LLP

Benjamin A. Sacks, Principal, The Brattle Group, Inc.

James Searby, Senior Managing Director, FTI Consulting, Inc.

Don Wallace, Chairman, International Law Institute

Janet Whittaker, Counsel, Simpson Thacher & Bartlett LLP 

Katia Yannaca-Small, Counsel, Shearman & Sterling LLP

Moderators:

Timothy Nelson, Partner, Skadden, Arps, Slate, Meagher & Flom LLP

Michael Nolan, Partner, Milbank, Tweed, Hadley & McCloy LLP

Joseph Profaizer, Partner, Paul Hastings LLP

Lawrence Shore, Partner, Herbert Smith Freehills LLP

Speaker:

Mark Kantor, Arbitrator and Mediator, AAA Commercial and International Panels

"This volume is not for the beginner, nor was it meant to be. It does not provide answers to the many open and difficult questions in the area of investment treaty arbitration, for the simple reason that there are none. The publication is invaluable, however, for anyone who wishes to follow and understand the developments and the debates in this field."
- Kaj Hóber, Partner, Mannheimer Swartling, Stockholm; Professor of International Law, Centre for Energy, Petroleum and Mineral Law and Policy (CEPMLP), University of Dundee.

"This is not a book for the novitiate, nor is it a ready guide-book to investment treaty arbitration; this is a thought-provoking and substantial presentation of ideas in five particular topics and rightly deserves its place in the library of all who practice in this area. It is not a book for one to settle down and digest in one easy bite -- this book requires and commands time to properly consider. It is all the better for that attribute. Further volumes are awaited with much anticipation."
- Klaus Reichert, Brick Court Chambers is a Barrister and Chartered Arbitrator. He is former Co-Chair of the IBA Litigation Committee, is a member of the LCIA European Users' Council, the ICC Commission on Arbitration, IBA delegate to the Hague Conference on Private International Law

"This is a very wide-ranging work that brings together several generations of legal specialists from very different cultures of law; it includes highly original, even brilliant contributions."
- Droit Et Pratique Des Investissements Internationaux - (International Investments Law And Practice)