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PART I: TRUE OR FALSE: THE RECENT DECISION OF THE PARIS COURT OF APPEAL, IN DIT V. PORT AUTONOME DE DOUALA, CALLS INTO QUESTION THE CONTINUING RELEVANCE OF THE IBA RULES ON CONFLICT OF INTEREST?

CHAPTER 1 - Douala International Terminal v. Port Autonome de Douala: This Decision Calls into Question the Relevance of the IBA Guidelines on Conflict of Interest
Ileana M. Smeureanu 

CHAPTER 2 - The Case for the Continuing Relevance of the IBA Guidelines on Conflicts of Interest in International Arbitration
Jovana Crncevic 

CHAPTER 3 - True or False: The Recent Decision of the Paris Court of Appeal, in DIT v. Port Autonome de Douala, Calls into Question the Continuing Relevance of the IBA Rules on Conflict of Interest? PANEL DISCUSSION
Ileana Smeureanu
Jovana Crncevic
Ian Laird
George Bermann
Miriam Harwood
Ashley Riveira
Daniel Schimmel

PART II - WHICH APPROACH IS BETTER FOR JUDICIAL REVIEW OF INTERNATIONAL ARBITRAL AWARDS: APPEAL ON THE POINT OF LAW (UK) OR MANIFEST DISREGARD ON THE POINT OF LAW (U.S.)?

CHAPTER 4 - The Case for Appeal on the Point of Law Under Section 69 of the English Arbitration Act: Why it Trumps the Manifest Disregard of Law Doctrine
Trisha Mitra-Veber

CHAPTER 5 - “Point of Law” in Manifest Disregard of the Award: Comparing Judicial Review of Arbitral Awards Under “Manifest Disregard of Law” in the United States and “Point of Law” in the United Kingdom
Karan Joseph, Gawry Cootaiah, Dushyanth Narayanan, and Yash Khanna 

CHAPTER 6 - Which Approach Is Better for Judicial Review of International Arbitral Awards: Appeal on the Point of Law (UK) or Manifest Disregard on the Point of Law (U.S.)? PANEL DISCUSSION
Trisha Mitra-Veber
Karan Joseph
Timothy G. Nelson
Geneviève Helleringer
Martin Jackson
Ben Love
Petr Polášek
José Antonio Rivas

PART III - ARE SOVEREIGN WEALTH FUND “INVESTORS” PROTECTED BY INVESTOR-STATE ARBITRATION? SHOULD THEY BE?

CHAPTER 7 - Expanding Protections: Treating Sovereign Wealth Funds as Investors in Investor-State Dispute Settlement
Irina Goga 

CHAPTER 8 - Sovereign Wealth Funds: Should They Be Protected?—The Case Against Their Protection in Investor-State Arbitration
Rebeca Mosquera, Felix Kasseroler, and Isabella Lorduy 

CHAPTER 9 - Are Sovereign Wealth Fund “Investors” Protected by Investor-state Arbitration? Should They Be? PANEL DISCUSSION
Irina Goga 
Rebeca Mosquera
Todd J. Weiler
Crina Baltag
Amanda Lee
Rahim Moloo
Fernando Tupa
Allesandra Tyler

CHAPTER 10 - Keynote Address: “Three Blind Mice”
Hon. Charles N. Brower

PART IV - TRUE OR FALSE: THE WORK OF UNCITRAL WGIII HAS (OR WILL) SOLVE THE SO-CALLED “LEGITIMACY” CRISIS IN INVESTMENT ARBITRATION?

CHAPTER 11 - The Work of UNCITRAL WGIII Has (or Will) Solve the So-Called “Legitimacy Crisis” in Investment Arbitration: True
Ylli Dautaj

CHAPTER 12 - The Work of UNCITRAL WGIII Has (or Will) Solve the So-Called “Legitimacy Crisis” in Investment Arbitration: False
Isabella Cannatà 

CHAPTER 13 - True Or False: The Work of UNCITRAL WGIII Has (or Will) Solve the So-Called “Legitimacy” Crisis in Investment Arbitration? PANEL DISCUSSION
Isabella Cannatà 
Ylli Dautaj
Kabir Duggal
Fahira Brodlija
Nikhil Gore
Eric Ives
Caline Mouawad

TABLE OF CASES 

INDEX

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

Isabella Cannatà, LALIVE (Geneva)
Gawry Cootaiah, Shardul Amarchand Mangaldas & Co (Bengaluru)
Jovana Crncevic, Withers Bergman LLP (New York)
Ylli Dautaj, DER Disputes (Stockholm)
Irina Goga, Crowell & Moring LLP (New York)
Karan Joseph, Shardul Amarchand Mangaldas & Co, (Bengaluru)
Felix Kasseroler, LL.M. program, Queen Mary University of London (Paris)
Yash Khanna, Shardul Amarchand Mangaldas & Co (Bengaluru)
Isabella Lorduy, Reed Smith LLP (New York)
Trisha Mitra-Veber, Reed Smith, LLP (London).
Rebeca Mosquera, Reed Smith LLP (New York)
Dushyanth Narayanan, Shardul Amarchand Mangaldas & Co (Bengaluru)
Ileana M. Smeureanu, Jones Day (Paris)

Faculty

Crina Baltag, Stockholm University (Sweden)
George Bermann, Columbia Law School (New York)
Fahira Brodlija, GIZ (Sarajevo)
Nikhil Gore, Covington & Burling (New York)
Miriam Harwood, Katten Muchin Rosenman LLP (New York)
Geneviève Helleringer, ESSEC Business School & University of Oxford (Paris)
Eric Ives, U.S. Department of Commerce
Martin Jackson, Sidley Austin LLP (New York)
Amanda Lee, International Arbitrator (London)
Ben Love, Boies Schiller Flexner (New York)
Rahim Moloo, Gibson Dunn (New York)
Caline Mouawad, Chaffetz Lindsey (New York)
Petr Polášek, White & Case LLP (Washington DC)
José Antonio Rivas, Xtrategy LLP (DC)
Ashley Riveira, Crowell & Moring LLP (Washington DC)
Daniel Schimmel, Foley Hoag LLP (New York)
Fernando Tupa, Curtis, Mallet-Prevost, Colt & Mosle LLP (Buenos Aires)
Allesandra Tyler, U.S. Government

Moderators

Kabir Duggal, Columbia Law School/Arnold & Porter (New York)
Ian Laird, Crowell & Moring LLP (Washington, DC)
Timothy G. Nelson, Skadden, Arps, Slate, Meagher & Flom (New York)
Todd Weiler, Independent Arbitrator & IIDS Expert (London, Ontario)

Speaker

Hon. Charles Brower, Iran-U.S. Claims Tribunal and Twenty Essex Chambers

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)