Arbitrators and Issue Conflict: Treading a Tightrope of Legitimacy? - Panel Discussion - Chapter 4 - Investment Treaty Arbitration and International Law - Volume 2
Addy Paola Velazquez is a fellow student of the International Legal Studies Program of the Washington College of Law. Recently, she worked for a Mexican NAFTA arbitration analyzing international disputes under NAFTA and other international investment treaties.
Martha Harrison is a Attorney with the International Trade and Competition Group of Heenan Blaikie LLP’s Toronto office. She has been involved in a number of ICSID and UNCITRAL arbitrations, particularly under the provisions of NAFTA Chapter 11.
Alexandre de Gramont is a Partner in the International Dispute Resolution practice of Crowell & Moring in its Washington, D.C. office where he specializes in both international arbitration and litigation. He has represented clients in a wide variety of international commercial arbitration and investor-state arbitration matters.
Mark E. Feldman is the Chief of NAFTA Arbitration at the U.S. State Department’s Office of the Legal Adviser, International Claims and Investment Disputes.
C. Mark Baker is a Partner at Fulbright & Jaworski’s Houston office and he is Co-Head of the firm’s International Department and of the firm’s Arbitration and ADR Practice Group. He is a member of the board of the London Court of International Arbitration (LCIA) and Vice-Chair of the Arbitration Committee of the International Bar Association (IBA).
Jean Kalicki is a Partner in Arnold & Porter LLP’s litigation practice group Washington D.C., she is responsible for a wide variety of international arbitration and litigation matters. She has particular expertise in investment treaty arbitration and has represented both sovereigns and investors in disputes before the International Centre for Settlement of Investment Disputes (ICSID).
James Lloyd Loftis is a Partner and Chair of the Vinson & Elkins LLP International Dispute Resolution practice, and focuses on international commercial arbitration and investor-state disputes, particularly disputes involving state contracts and investment agreements.
Originally from Investment Treaty Arbitration and International Law - Volume 2
MR. GRIERSON WEILER: Let me introduce the first panel. Alex has been with Crowell & Moring for 15 years. He started his career there. He is a partner there. He specializes in international arbitration and has done a number of recent cases in investor-state arbitration. So we thought that Alex would be the perfect person to start us off. Alex.
MR. de GRAMONT: Thank you, Todd, and good morning everybody. We are going to begin the day with the fascinating topic of “Arbitrators and Issue Conflict.” We all know that the choice of arbitrator can be the single most important decision that a practitioner makes during the course of an arbitration. We as practitioners choose arbitrators based on their experience, their expertise, and their character. But to be completely candid, we also choose them based on how we think they are going to rule on the particular issues in the case. And if an arbitrator is proposed, and we think that arbitrator is likely to rule against us on an important issue, we will try to find ways to challenge that arbitrator including challenges that fall within the realm of issue conflict; although, we might not actually describe it that way. Now, this raises a host of issues that our authors are going to identify and elucidate for us and that the panelists are then going to debate and discuss.
Let me begin by introducing our two authors, both of whom have written absolutely terrific papers. Addy Paola Velazquez is from Mexico City where she received her law degree and where she practiced with several major law firms and companies. She is currently a fellow in the International Legal Studies Program at the Washington College of Law at American University. Martha Harrison is an attorney at the law firm of Heenan Blaikie in Toronto where she practices with the International Trade and Competition Group. She is also an Adjunct Professor of International Arbitration at Queens University. The panelists really need no introduction. They are among the leading lights of the Bar. And as you will see, if you don't know already, they are a s provocative and as thoughtful as they are distinguished. Very quickly, Mark Baker is a senior partner at Fullbright & Jaworski and co-chair of the firm's international arbitration practice. Mark Feldman is the chief of NAFTA Arbitration at the State Department.