PDF of Title Page and T.O.C.  

PART I - IP AND “INVESTMENT” UNDER BITS​

CHAPTER 1 - When Is Intellectual Property Not an Investment? Imposing Traditional Jurisdictional Limitations on Non-Traditional Intellectual Property Rights
Meredith Craven​    

CHAPTER 2 - Intellectual Property Rights and Investor-State Arbitration: Embracing Intellectual Property Rights as Protected “Investment” in International Investment Treaties
Helene Gogadze​    

CHAPTER 3 - IP and “Investment” under BITS (Panel Discussion)
Michael Nolan 
Amal Bouchenaki
Maria Chedid
Joseph LoBue
Jennifer Haworth McCandless

PART II - FULL PROTECTION AND “CYBER” SECURITY?

CHAPTER 4 - Reference to Intellectual Property Treaty Norms in Full Protection and Security and Fair and Equitable Treatment Claims
Levon Golendukhin​    

CHAPTER 5 - Enforcing a State’s International IP Obligations through Investment Law Standards of Protection – An Ill-Fated Romance 
Robert Reyes Landicho​    

CHAPTER 6 - Full Protection and “Cyber” Security? (Panel Discussion)
Timothy Nelson 
George Burn
Adam Douglas
Patrick Pearsall
Todd Weiler

CHAPTER 7 - Keynote Address Transcript
John Veroneau​ 

PART III - THE INDUSTRY PANEL – WHAT ROLE IS THERE FOR INTERNATIONAL LAW IN THE PROTECTION OF IP IN THE TECHNOLOGY SECTOR?

CHAPTER 8 - Investor-State Dispute Settlement and Protection of Intellectual Property Rights and Other Business Interests of the Technology Sector: Never the Twain Shall Meet
Manish Aggarwal​    

CHAPTER 9 - Towards an Enhanced Role for International Law in the Protection of IP in the Technology Sector?
Jan Janssen   

CHAPTER 10 - The Industry Panel – What Role Is There for International Law in the Protection of IP in the Technology Sector? (Panel Discussion)
Theodore Posner 
James Mendenhall
Linda Dempsey
Kabir Duggal    

PART IV - REMEDIES IN IP INVESTMENT ARBITRATION – A PARADIGMATIC CASE FOR THE RETURN TO RESTITUTIO IN INTEGRUM?​

CHAPTER 11 - Remedies in Intellectual Property Investment Arbitration: A Return to Restitutio in Integrum​
Harsh Sancheti​    

CHAPTER 12 - Available Remedies in IP International Investment Arbitration: The Dialectic Between Public and Private Interests
Arianna Sánchez and Carlos Guzman​   

CHAPTER 13 - Remedies in IP Investment Arbitration – A Paradigmatic Case for the Return to Restitutio in Integrum? (Panel Discussion)
Edward (“Teddy”) Baldwin 
Justin Jacinto
José Alberro
James Searby
Diane Desierto

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 Counsel to 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. Dr. 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 Editors

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.

Rekha Rangachari is the Executive Director of the New York International Arbitration Center (NYIAC). Prior to joining NYIAC, Ms. Rangachari served as Case Counsel for the International Centre for Dispute Resolution (ICDR) and Director for the New York Commercial Division of the American Arbitration Association (AAA). She serves as Co-Chair of the New York State Bar Association Dispute Resolution Section’s (NYSBA DRS’) Arbitration Committee, Board Member of the New York Coalition of Women’s Initiatives, and Member of the International Arbitration Club of New York.

Authors

Manish Aggarwal, Senior Associate, Three Crowns LLP
Meredith Craven, Associate, Chaffetz Lindsey LLP
Helene Gogadze, Senior Associate, Fried, Frank, Harris, Shriver & Jacobson LLP
Levon Golendukhin, Attorney, Dentons US LLP
Carlos Guzman, Associate, Curtis, Mallet-Prevost, Colt & Mosle LLP
Jan Janssen, Managing Director, Goldman Sachs
Robert Reyes Landicho, Attorney, Vinson & Elkins LLP
Harsh Sancheti, Associate, Dechert LLP
Arianna Sánchez, Associate, Curtis, Mallet-Prevost, Colt & Mosle LLP

Faculty

José Alberro, Senior Advisor, Cornerstone Research
Amal Bouchenaki, Counsel, Herbert Smith Freehills LLP
George Burn, Partner, Vinson & Elkins LLP
Maria Chedid, Partner, Baker McKenzie LLP
Linda Dempsey, Vice President of International Economic Affairs Policy, National Association of Manufacturers (NAM)
Diane Desierto, Associate Professor, William S. Richardson School of Law
Adam Douglas, Senior Counsel, Global Affairs Canada 
Kabir Duggal, Senior Associate, Baker McKenzie LLP
Justin Jacinto, Partner, Curtis, Mallet-Prevost, Colt & Mosle LLP
Joseph LoBue, Partner, Fried, Frank, Harris, Shriver & Jacobson LLP
Jennifer Haworth McCandless, Partner, Sidley Austin LLP
James Mendenhall, Partner, Sidley Austin LLP
Patrick Pearsall, Partner, Jenner & Block LLP
James Searby, Senior Managing Director, FTI Consulting
Todd Weiler, Investment Treaty Counsel

Moderators

Edward (“Teddy”) Baldwin, Partner, Baker Mackenzie LLP
Timothy Nelson, Partner, Skadden, Arps, Slate, Meagher & Flom LLP
Michael Nolan, Partner, Milbank, Tweed, Hadley & McCloy LLP
Theodore Posner, Partner, Weil, Gotshal & Manges LLP

Speaker

John Veroneau, Partner, Covington & Burling LLP

"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)