Annulment and Judicial Review - How Final is an Award? - Panel Discussion - Chapter 10 - Investment Treaty Arbitration and International Law - Volume 2
Frédéric Gilles Sourgens is an Attorney in Milbank, Tweed, Hadley & McCloy’s Litigation Group located in the Washington, D.C. office. He works primarily on international arbitration matters.
Dmitri Evseev is an Attorney in the international arbitration practice group in the litigation practice group of Arnold & Porter LLP in its Washington, D.C. office. He concentrates his practice in the representation of governments and private clients in international arbitration proceedings.
Christopher F. Dugan is a Partner in the Paul Hastings, Litigation practice Washington D.C.. he is the Chair of thier International arbitration practice and of their litigation department in the Washington D.C. office.
Oscar M. Garibaldi is a Partner in the Washington, D.C office of Covington & Burling LLP. He has, for over 30 years, drawn on his triple training as a common-law, civil-law and public- international-law lawyer in representing clients in a broad range of international matters involving complex issues of national and international law
Stanimir A. Alexandrov is a Partner in the Washington, D.C. office of Sidley Austin LLP. He focuses his practice in the areas of international dispute resolution, including investor-state arbitration and international commercial arbitration, and resolution of trade disputes before the World Trade Organization (WTO).
Stephen Jagusch is a Partner in the London office of Allen & Overy. He specializes in international commercial and investment treaty arbitration, having acted as adviser and advocate in ad hoc and institutional international arbitrations, conducted in many countries over the world,
Originally from Investment Treaty Arbitration and International Law - Volume 2
MR. LAIRD: Welcome back to session three of your Juris Conference on International Investment Law. Our third panel is dealing with some very interesting issues on annulments in the ICSID context and judicial review. And we have a very able panel. Chris Dugan from Paul Hastings is the moderator of our panel. Chris has extraordinary experience in the investor-state arbitration world, and I think we will be well taken care of on panel three. So I will pass it over to Chris. Thank you very much.
MR. DUGAN: Thank you. It is a pleasure to be here and to see you all. We do have an extraordinary panel today and we have a discussion on a very, very interesting topic. First thing I would like to do is to introduce the panel. Our two young authors are Frédéric Sourgens from Milbank Tweed and Dmitri Evseev from Arnold & Porter. And the three panelists are Oscar Garibaldi from Covington & Burling, Stanimir Alexandrov from Sidley Austin and Stephen Jagusch from Allen & Overy. Ronald Goodman could not be here today. Now, the topic for today is: Annulment and Judicial Review – How “Final” Is an Award? And this is an aspect that I think is becoming more and more prominent because, as our experience with investment arbitrations and other types of arbitrations grows, it becomes apparent that this can be a very significant problem. Each of us is a prisoner of his or her own experience. My experience, the case that has kept me busy for the last 8 years, is the infamous Karaha Bodas case. It is not an investment arbitration. It is commercial arbitration. It is very similar to an investment arbitration in many respects. And that case has gone on for eight years because the Indonesians, Pertamina in particular, pathologically refuse to pay the award or to even settle the case. So we are now at our fifth petition for certiorari at the United States Supreme Court.