Appeal versus Annulment: Is the ICSID Annulment Process Working or Is It Now Time for an Appellate Mechanism? - Panel Discussion - Chapter 13 - Investment Treaty Arbitration and International Law - Volume 5
Ian A. Laird Crowell & Moring
Authors: Silvia Marchili King & Spalding (Presented by David Weiss) King & Spalding
Claire Stockford Crowell & Moring
Jeffrey Rosenthal Cleary, Gottlieb, Steen & Hamilton
Gonzalo Flores ICSID
John Fellas Hughes, Hubbard & Reed
Sabine Konrad K&L Gates
Oscar Garibaldi Covington & Burling
As we have seen on our previous panel, issues concerning the annulment mechanism of ICSID are very topical and contentious. This panel will continue the discussion of those issues. Jeffrey, thank you very much. I pass the floor over to you.
MR. ROSENTHAL: Thank you, Ian. Let me give a brief introduction of our two authors. Claire Stockford is a barrister and counsel at the London office of Crowell & Moring and a member of the International Dispute Resolution and Antitrust Recovery Practice Groups. She specializes in the resolution of complex international disputes. Her practice encompasses all forms of dispute resolution, including litigation, arbitration, mediation and damages claims arising from cartel activity. She’s advised on and represented clients in investment and commercial arbitrations conducted under a variety of international and ad hoc rules in locations including London, Geneva, Zurich, Paris and Dublin.
Our second author, Silvia Marchili, is unfortunately unable to attend the panel because she is participating in a hearing here in D.C. right now. Her colleague, David Weiss, has been good enough to come and present her paper and also provide some of his own views on this subject. David’s practice focuses on representing foreign investors in disputes with host governments and private parties in international commercial disputes. He has participated in proceedings before the International Centre for the Settlement of Investment Disputes, the International Chamber of Commerce, and the Permanent Court of Arbitration in The Hague.
With me here on the panel, Gonzalo Flores, Senior Counsel at ICSID; John Fellas, a partner at Hughes Hubbard & Reed; Sabine Konrad, a partner at K&L Gates both in D.C. and in Frankfurt; and, finally, Oscar Garibaldi, a partner in D.C. at Covington & Burling. We will start by having a brief introduction of Claire’s paper.