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PART I - LEADERS IN FRANCE, GERMANY, AND POLAND CLAIMED WITHDRAWAL FROM THE ENERGY CHARTER TREATY WAS NECESSARY BECAUSE THE OBLIGATIONS WERE HINDERING EFFORTS TO COMBAT ANTHROPOMORPHIC-DRIVEN CLIMATE CHANGE—WAS THIS JUSTIFICATION CORRECT AS A MATTER OF INTERNATIONAL INVESTMENT LAW?

CHAPTER 1 - Obligations of the Energy Charter Treaty: The Case for Necessary Withdrawal
Lauren Blanchard 

CHAPTER 2 - The Energy Charter Treaty: The Case Against Withdrawal
Dominique S. Jones 

CHAPTER 3 - Leaders in France, Germany, and Poland Claimed Withdrawal from the Energy Charter Treaty was Necessary Because the Obligations were Hindering Efforts to Combat Anthropomorphic-driven Climate Change—Was this Justification Correct as a Matter of International Investment Law? PANEL DISCUSSION
Ian Laird
Lauren Blanchard
Dominique S. Jones
Mélida Hodgson
Rahim Moloo
Caline Mouawad
Todd J. Weiler

PART II - EARLIER THIS YEAR, TWO JUDGES IN THE DISTRICT OF COLUMBIA ISSUED SEEMINGLY CONTRADICTORY OPINIONS ON THE ENFORCEABILITY OF INTRA-EU AWARDS POST-ACHMEA/KOMSTROY—WHICH ONE WAS RIGHT AND HOW DO YOU THINK THE DISTRICT OF COLUMBIA COURT OF APPEALS OR SCOTUS WOULD EVENTUALLY DECIDE?

CHAPTER 4 - Should U.S. Courts Enforce Arbitral Awards Issued Under International Investment Agreements Between EU Member States: The Case in Favor
Nika Madyoon 

CHAPTER 5 - Should U.S. Courts Enforce Arbitral Awards Issued Under International Investment Agreements Between EU Member States: The Case Against
Tyler Jankauskas 

CHAPTER 6 - Earlier this Year, Two Judges in the District of Columbia Issued Seemingly Contradictory Opinions on the Enforceability of Intra-EU Awards Post-Achmea/Komstroy—Which One Was Right and How do You Think the District of Columbia Court of Appeals or SCOTUS Would Eventually Decide? PANEL DISCUSSION
Martin Valasek
Nika Madyoon
Tyler Jankauskas
Preeti Bhagnani
Marinn Carlson
Charles T. Kotuby, Jr.
Sarah Vasani

PART III - DID THE PARIS COURT OF APPEAL DECIDE THE JURISDICTIONAL QUESTION IN KIRAM ET AL V. MALAYSIA CORRECTLY?

CHAPTER 7 - The Paris Court of Appeal’s Jurisdictional Decision in Kiram et al v. Malaysia is Correct
Anika Havaldar 

CHAPTER 8 - The Interpretation of Arbitration Agreements: The Value of Legal History
Ali Al-Karim and Josephine Gillingwater 

CHAPTER 9 - Did the Paris Court of Appeal Decide the Jurisdictional Question in Kiram et al v. Malaysia Correctly? PANEL DISCUSSION
Michael Nolan 
Anika Havaldar
Ali Al-Karim
Fahira Brodlija
Grant Hanessian
José Antonio Rivas

CHAPTER 10 - Keynote Address
Abby Cohen Smutny 

PART IV - WILL INVESTOR-STATE MEDIATION EMERGE AS THE PREFERRED MECHANISM TO RESOLVE INVESTOR-STATE DISPUTES? WHAT ARE THE PROS AND CONS AS OPPOSED TO INVESTOR-STATE ARBITRATION?

CHAPTER 11 - Will Investor-State Mediation Emerge as the Preferred Mechanism to Resolve Investor-State Disputes: The Case for Mediation
Tom Whip and Marco de Sousa 

CHAPTER 12 - Will Investor-State Mediation Emerge as the Preferred Mechanism to Resolve Investor-State Disputes: The Case for Arbitration
Rodrigo Aguilar Guízar 

CHAPTER 13 - Will Investor-State Mediation Emerge as the Preferred Mechanism to Resolve Investor-State Disputes? What Are the Pros and Cons as Opposed to Investor-State Arbitration? PANEL DISCUSSION
Timothy Nelson 
Marco de Sousa
Rodrigo Aguilar Guízar
Fahira Brodlija
Miriam Harwood
Justin M. Jacinto
Frauke Nitschke

Editors

Dr. Kabir Duggal is a Senior Fellow and Advisor at the Center for International Commercial and Investment Arbitration at Columbia Law School (CICIA) and an attorney in Arnold and Porter’s New York office, focusing on international arbitration and public international law matters, serving both as arbitrator and mediator. He is recognized as a “Chartered Arbitrator” (the highest ranking for arbitrators) by both the Chartered Institute of Arbitrators and the Asian Institute of Alternative Dispute Resolution. He also frequently serves as an expert on international arbitration and public international law matters. Dr. Duggal is also a Lecturer-in-Law at Columbia Law School, an adjunct Professor at Fordham Law School, and a Course Director and a Faculty Member for the Columbia Law School-Chartered Institute of Arbitrators Comprehensive Course on International Arbitration. He also acts as a Consultant for the United Nations Office of the High Representative for Least Developed Countries (UN-OHRLLS) on the creation of a novel “Investment Support Program.” Dr. Duggal works closely with the U.S. Department of Commerce’s Commercial Law Development Program (CLDP) as an expert.  He has also conducted training and capacity-building sessions for several Governments on public international law and dispute resolution matters. He has published over 60 articles and has spoken at over 300 arbitration events all over the world.  He is also a passionate advocate for diversity, equity, and inclusion issues and frequently writes and speaks on these issues. He is the Co-Founder of REAL (Racial Equality for Arbitration Lawyers), a non-profit seeking to create greater representation in international arbitration.  He is a graduate of the University of Mumbai, University of Oxford (DHL-Times of India Scholar), NYU School of Law (Hauser Global Scholar), Leiden Law School (2019 CEPANI Academic Prize), and is currently pursuing an SJD Degree from Harvard Law School. Dr. Duggal is admitted to practice law in New York, District of Columbia, England & Wales (as a Barrister), and in India.

Camilla Gambarini is a Special Counsel in Withers’ arbitration team. Dual qualified as an Avvocato (Italy) and as a Solicitor Advocate (England & Wales), Camilla specializes in international arbitration (commercial and investment treaty) and public international law matters. Before moving to London, she practiced in Milan, Houston and New York, having developed an expertise in assisting clients from both civil and common law jurisdictions. She has represented individuals, companies, States and State-owned entities in international arbitrations across a range of sectors, including the apparel, aviation, energy, gambling, infrastructure, insurance, metal, oil & gas, and railway industries in different regions of the world, particularly the MENA region, CIS countries and Latin America. She has experience of international commercial and investment arbitrations under the auspices of the CAM, CIAC, ICC, ICSID, LCIA and UNCITRAL rules.

Todd J. Weiler is an Independent International Arbitrator and expert on international investment law and practice. He received a B.A. (Hons.) from the University of Waterloo (Canada), a M.A. and LL.B. from Western University (Canada), a LL.M. from the University of Ottawa, and a LL.M. and S.J.D. from the University of Michigan. He is also currently pursuing a Ph.D. in international and transnational history at Western University. From 1990 to 1996, he performed policy analysis for various departments of the Government of Canada and from 1997 to 1998 he clerked for Mr. Justice Howard Wetston at the Federal Court of Canada. In addition to inaugurating Juris’s conference and book series on international investment law and arbitration, Dr. Weiler is also a co-founder of both Investmentclaims.com, managed by Oxford University Press, and the Society of International Economic Law. His name has appeared on the Who’s Who Legal list of leading international arbitration lawyers since 2007 and on the Global Arbitration Review’s list of the world’s leading specialist international arbitration firms, the GAR 100, since 2011.

 

Authors

Rodrigo Aguilar Guízar, Aguilar & Loera (México City)

Ali Al-Karim, Brick Court Chambers (London)

Lauren Blanchard, Crowell & Moring LLP (London)

Marco de Sousa, Herbert Smith Freehills LLP (London)

Josephine Gillingwater, LLM, Geneva Graduate Institute 

Anika Havaldar, Freshfields Bruckhaus Deringer (Washington, DC)

Tyler Jankauskas, Covington & Burling LLP (New York)

Dominique S. Jones, Debevoise & Plimpton (New York)

Nika Madyoon, Gibson, Dunn & Crutcher LLP (London)

 

Faculty

Preeti Bhagnani, White & Case LLP (New York)

Fahira Brodlija, Rule of Law Advisor – ISDS Reform, GIZ (Sarajevo)

Marinn Carlson, Independent Arbitrator (Washington, DC)

Grant Hanessian, Independent Arbitrator (New York)

Miriam Harwood, Katten Muchin Rosenman LLP (New York)

Mélida Hodgson, Arnold & Porter Kaye Scholer LLP (New York)

Justin M. Jacinto, Curtis, Mallet-Prevost, Colt & Mosle LLP (Washington, DC)

Charles T. Kotuby Jr., University of Pittsburgh School of Law

Rahim Moloo, Gibson, Dunn & Crutcher LLP (New York)

Caline Mouawad, Chaffetz Lindsey LLP (New York)

Frauke Nitschke, ICSID (Washington, DC)

José Antonio Rivas, Xtrategy LLP (Washington, DC)

Sarah Vasani, CMS Cameron McKenna Nabarro Olswang (London)

 

Moderators

Ian Laird, Crowell & Moring LLP (Washington, DC)

Timothy Nelson, Skadden (New York)

Michael Nolan, Independent Arbitrator (New York)

Martin Valasek, Norton Rose Fulbright (Montreal)

 

Speaker

Abby Cohen Smutny, White & Case (Washington, DC)

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)